Bill Text: CA SB757 | 2013-2014 | Regular Session | Amended

---

Bill Title: Groundwater management.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-08-25 - Re-referred to Com. on RLS. pursuant to Assembly Rule 97. [SB757 Detail]

Download: California-2013-SB757-Amended.html

---

BILL NUMBER: SB 757	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2014
	AMENDED IN SENATE  APRIL 15, 2013

INTRODUCED BY   Senator Berryhill
    (   Coauthor:   Senator
  Calderon   ) 

                        FEBRUARY 22, 2013

    An act to amend Sections 21608.6 and 21626.5 of the
Business and Professions Code, relating to business.  
An act to amend Sections 65352 and 65352.5 of, and to add Section
65350.5 to, the Government Code, and to amend Sections 1120, 10927,
and 12924 of, to add Sections 113, 1242.1, and 10750.1 to, and to add
Part 2.74 (commencing with Section 10720) to Division 6 of, the
Water Code, relating to groundwater. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 757, as amended, Berryhill.  Junk dealers and
recyclers.   Groundwater management.  
   (1) The California Constitution requires the reasonable and
beneficial use of water. Existing law establishes various state water
policies, including the policy that the people of the state have a
paramount interest in the use of all the water of the state and that
the state is required to determine what water of the state, surface
and underground, can be converted to public use or be controlled for
public protection.  
   This bill would state the policy of the state that groundwater
resources be managed responsibly for long-term water supply
reliability and multiple economic, social, or environmental benefits
for current and future beneficial uses. The bill would state that
responsible groundwater management is best achieved locally through
the development, implementation, and updating of plans and programs
based on the best available science and in consideration of local
needs and circumstances. The bill would also state the policy of the
state is to encourage conjunctive use of surface water and
groundwater and would provide that the Legislature finds and declares
that the storage of water underneath the ground is a beneficial use
of water.  
   (2) Existing law authorizes local agencies to adopt and implement
a groundwater management plan. Existing law requires a groundwater
management plan to contain specified components and requires a local
agency seeking state funds administered by the Department of Water
Resources for groundwater projects or groundwater quality projects to
do specified things, including, but not limited to, preparing and
implementing a groundwater management plan that includes basin
management objectives for the groundwater basin.  
   This bill would prohibit, beginning January 1, 2015, a new
groundwater management plan from being adopted or an existing
groundwater management plan from being renewed, except for high- or
medium-priority basins that are not in a condition of long-term
overdraft and low- or very low priority basins.  
   This bill would require, by January 31, 2020, all groundwater
basins designated as high- or medium-priority basins by the
Department of Water Resources that are in a condition of long-term
overdraft to be managed under a groundwater management plan or
coordinated groundwater management plans of a groundwater management
agency, with specified exceptions. The bill would require a
groundwater management plan to be developed and implemented to meet
the management goal, established as prescribed, and would require the
plan to include prescribed components. The bill would require a
groundwater management agency to certify to the department that its
plan complies with the requirements of the act no later than January
31, 2020, and every 5 years thereafter.  
   This bill would authorize any local agency, as defined, or
combination of local agencies, to elect to be a groundwater
management agency and would require, within 30 days of deciding to be
or forming a groundwater management agency, the groundwater
management agency to inform the department of its decision or
formation and its intent to undertake responsible groundwater
management. The bill would provide specific authority to a
groundwater management agency, including, but not limited to, the
ability to require registration of groundwater extraction facilities,
to require that a groundwater extraction facility be measured with a
water-measuring device or methodology satisfactory to the
groundwater management agency, to regulate groundwater pumping, and
to impose certain fees.  
   This bill would authorize the department or a groundwater
management agency to provide technical assistance to entities that
extract or use groundwater to promote water conservation and protect
groundwater resources. The bill would require the department to
develop advisory best management practices for the responsible
management of groundwater through a specified public process. 

   This bill would require a groundwater management agency to submit
a groundwater management plan to the department for review. The bill
would authorize the department to periodically review groundwater
management plans, and by June 1, 2016, would require the department
to develop regulations for evaluating groundwater management plans.
The bill would authorize a local agency to submit to the department
for evaluation an alternative plan that is not a groundwater
management plan. The bill would provide that a basin is in compliance
with these provisions if a groundwater agency or other local agency
submits to the department, no later than January 31, 2020, a copy of
a governing final judgment or other judicial order or decree and any
report or reports required by the judgment or other judicial order or
decree.  
   This bill would authorize a groundwater management agency and the
board to conduct inspections only after obtaining an inspection
warrant, as specified. Because the willful refusal of an inspection
lawfully authorized by an inspection warrant is a misdemeanor, the
bill would impose a state-mandated local program by expanding the
application of a crime.  
   This bill would authorize the board to designate a basin as a
probationary basin, if the board makes a specified determination. The
bill would authorize the board to adopt an interim plan for a
probationary basin after notice and a public hearing and would
require state entities to comply with an interim plan. The bill would
specifically authorize the board to rescind all or a portion of an
interim plan if the board determines at the request of specified
petitioners that a groundwater management plan or plans are adequate
to eliminate the condition of long-term overdraft. The bill would
provide that the board has authority to rescind or amend an interim
plan based on the progress made by a groundwater management agency or
in an adjudication action.  
   (3) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city with specified elements,
including, among others, land use and conservation elements. Existing
law requires a city or county, upon the adoption or revision of its
general plan, on or after January 1, 1996, to utilize as a source
document any urban water management plan submitted to the city or
county by a water agency.  
   This bill would require, before the adoption or any substantial
amendment of a general plan, the planning agency to review and
consider a groundwater management plan, groundwater management court
order, judgment, or decree, or an adjudication of water rights. The
bill would require the planning agency to refer a proposed action to
adopt or substantially amend a general plan to a groundwater
management agency that has adopted a groundwater management plan or
local agency that otherwise manages groundwater and to a watermaster
established by a court order, judgment, decree, or adjudication.
 
   Existing law requires a public water system to provide a planning
agency with certain information upon receiving notification of a city'
s or a county's proposed action to adopt or substantially amend a
general plan.  
   This bill also would require a public water system to provide a
report on the anticipated effect of the proposed action on
implementation of a groundwater management plan. The bill would
require a groundwater management agency, or a watermaster established
by a court order, judgment, decree, or adjudication, to provide the
planning agency with certain information as is appropriate and
relevant.  
   By imposing new duties on a city or county, this bill would impose
a state-mandated local program.  
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.  
   (5) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 

   Existing law authorizes junk dealers and recyclers, as defined, to
sell and purchase junk, which includes secondhand and used
furniture, pallets, or other personal property, as specified.
Existing law requires junk dealers and recyclers to obtain valid
identification, as specified, from a seller before providing payment
for newspaper, as defined, or for California Redemption Value (CRV)
containers. Existing law requires junk dealers and recyclers to
maintain written records of specified information and makes a
violation of the recordkeeping requirements a misdemeanor. 

   This bill would permit a seller to use a passport from any country
or a Matricula Consular issued by Mexico, along with another form of
identification bearing an address, or an identification card issued
by the United States, as identification for purposes of these
provisions.  
   Existing law regulates secondhand dealers and coin dealers, as
defined, and makes a violation of those provisions a misdemeanor.
 
   This bill would specify that the provisions governing secondhand
dealers and coin dealers do not apply to junk dealers, as defined,
and would declare that provision declaratory of existing law.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
as follows:  
   (1) The people of the state have a primary interest in the
protection, management, and reasonable beneficial use of the water
resources of the state and that the management of the state's water
resources is essential to meeting its water management goals. 

   (2) Groundwater accounts for more than one-third of the water used
by Californians in an average year and more than one-half of the
water used by Californians in a drought year when other sources are
unavailable.  
   (3) Excessive groundwater pumping can cause overdraft, failed
wells, deteriorated water quality, environmental damage, and
irreversible land subsidence that damages infrastructure and
diminishes the capacity of aquifers to store water for the future.
 
   (4) When properly managed, groundwater resources will help protect
communities, farms, and the environment against prolonged dry
periods and climate change, preserving water supplies for existing
and potential beneficial use.  
   (5) Failure to manage groundwater to prevent chronic long-term
overdraft may infringe on groundwater rights.  
   (6) Groundwater resources are most effectively managed at the
local or regional level.  
   (7) Local and regional agencies must have the necessary support
and authority to manage groundwater.  
   (8) If a local groundwater management agency does not manage its
groundwater responsibly, other action may be necessary.  
   (9) Information on the amount of groundwater extraction, natural
and artificial recharge, and groundwater evaluations are critical for
effective groundwater management.  
   (10) Responsible groundwater management depends upon creating more
opportunities for conjunctive management of surface water resources
and for groundwater recharge and banking projects. Climate change
will intensify the need to recalibrate and reconcile water management
strategies.  
   (b) It is therefore the intent of the Legislature to do all of the
following:  
   (1) Provide local and regional agencies the authority to
responsibly manage groundwater.  
   (2) Provide that if no local groundwater agency or agencies
provide groundwater management for a groundwater basin or subbasin,
the state has the authority to do so until the local groundwater
management agency or agencies assume management of the basin or
subbasin or initiate an adjudication of groundwater rights. 

   (3) Require the development and reporting of those data necessary
to support groundwater management, including those data that help
describe the basin's geology, the short- and long-term trends of the
basin's water balance and those data necessary to resolve disputes
regarding available supply, beneficial uses, and water rights. 

   (4) Protect groundwater rights. 
   SEC. 2.    Section 65350.5 is added to the  
Government Code   , to read:  
   65350.5.  Before the adoption or any substantial amendment of a
city or county general plan, the planning agency shall review and
consider all of the following:
   (a) An adopted or updated groundwater management plan pursuant to
Part 2.74 (commencing with Section 10720) or Part 2.75 (commencing
with Section 10750) of Division 6 of the Water Code or groundwater
management court order, judgment, or decree.
   (b) An adjudication of water rights. 
   SEC. 3.    Section 65352 of the   Government
Code   is amended to read: 
   65352.  (a)  Prior to action by   Before
 a legislative body  takes action  to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
   (1) A city or  county,   county  within
or abutting the area covered by the proposal, and any special
district that may be significantly affected by the proposed action,
as determined by the planning agency.
   (2) An elementary, high school, or unified school district within
the area covered by the proposed action.
   (3) The local agency formation commission.
   (4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
   (5) A federal  agency   agency,  if its
operations or lands within its jurisdiction may be significantly
affected by the proposed action, as determined by the planning
agency.
   (6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section  65944
when   65944, if  the proposed action is within
1,000 feet of a military installation, or lies within special use
airspace, or beneath a low-level flight path, as defined in Section
21098 of the Public Resources Code,  provided that 
 and if  the United States Department of Defense provides
electronic maps of low-level flight paths, special use airspace, and
military installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
   (B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
   (7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5. 
   (8) A groundwater management agency that has adopted a groundwater
management plan pursuant to Part 2.74 (commencing with Section
10720) of Division 6 of the Water Code or a local agency that
otherwise manages groundwater pursuant to other provisions of law or
a court order, judgment, or decree within the planning area of the
proposed general plan.  
   (9) A watermaster established by a court order, judgment, decree,
or adjudication.  
   (8) 
    (10)  The Bay Area Air Quality Management District for a
proposed action within the boundaries of the district. 
   (9) On and after March 1, 2005, a 
    (11)   A  California Native American tribe,
that is on the contact list maintained by the Native American
Heritage Commission, with   Commission and that
has  traditional lands located within the  city
  city's  or county's jurisdiction. 
   (10) 
    (12)  The Central Valley Flood Protection  Board
  Board,  for a proposed action within the
boundaries of the Sacramento and San Joaquin Drainage District, as
set forth in Section 8501 of the Water Code.
   (b)  Each   An  entity receiving a
proposed general plan or amendment of a general plan pursuant to this
section shall have 45 days from the date the referring agency mails
it or delivers it  in which  to comment unless a
longer period is specified by the planning agency.
   (c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the  other  entities
specified in this section does not affect the validity of the action,
if adopted.
   (2) To the extent  that  the requirements of this
section conflict with the requirements of Chapter 4.4 (commencing
with Section 65919), the requirements of Chapter 4.4 shall prevail.
   SEC. 4.    Section 65352.5 of the  
Government Code   is amended to read: 
   65352.5.  (a) The Legislature finds and declares  that
 it is vital that there  be   is 
close coordination and consultation between California's water supply
 or management  agencies and California's land use approval
agencies to ensure that proper water supply  and management
 planning occurs  in order  to accommodate
projects that will result in increased demands on water 
supplies.   supplies or impact water resource
management. 
   (b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water  supplies.   supplies and
the impact of land use decisions on the management of California's
water supply resources. 
   (c) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a public water system, as defined in Section 116275
of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:
   (1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code.
   (2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.
   (3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.
   (4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.
   (5) A description of the quantity of groundwater that was purveyed
by the water supplier in each of the previous five years.
   (6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the quantities
of additional water supplies that are being proposed.
   (7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:
   (A) Agricultural users.
   (B) Commercial users.
   (C) Industrial users.
   (D) Residential users.
   (8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier's urban water management
plan.
   (9) Any additional information that is relevant to determining the
adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies. 
   (10) A report on the anticipated effect of proposed action to
adopt or substantially amend a general plan on implementation of a
groundwater management plan pursuant to Part 2.74 (commencing with
Section 10720) of Division 6 of the Water Code.  
   (d) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a groundwater management agency, as defined in
Section 10721 of the Water Code, or a watermaster established
pursuant to a court order, judgment, decree, or adjudication, shall
provide the planning agency with the following information, as is
appropriate and relevant:  
   (1) The current version of its groundwater management plan adopted
pursuant to Part 2.74 (commencing with Section 10720) of Division 6
of the Water Code.  
   (2) If the groundwater management agency manages groundwater
pursuant to a court order, judgment, decree, including an
adjudication of groundwater rights, or agreement among affected water
rights holders, the groundwater management agency shall provide the
planning agency with maps of recharge basins and percolation ponds,
extraction limitations, and other relevant information, and the court
order, judgment, or decree. 
   SEC. 5.    Section 113 is added to the  
Water Code   , to read:  
   113.  It is the policy of the state that groundwater resources be
managed responsibly for long-term water supply reliability and
multiple economic, social, or environmental benefits for current and
future beneficial uses in accordance with groundwater rights.
Responsible groundwater management is best achieved locally through
the development, implementation, and updating of plans and programs
based on the best available science and in consideration of local
needs and circumstances. 
   SEC. 6.    Section 1120 of the  Water Code
  is amended to read: 
   1120.  This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200), Part
2 (commencing with Section 10500) of Division 6,  Chapter 12
(commencing with Section 10734) of Part 2.74 of Division 6, 
Article 7 (commencing with Section 13550) of Chapter 7 of Division 7,
or the public trust doctrine.
   SEC. 7.    Section 1242.1 is added to the  
Water Code  , to read:  
   1242.1.  It is the policy of the state to encourage conjunctive
use of surface water and groundwater. To that end, the Legislature
finds and declares that the storage of water underneath the ground is
a beneficial use of water. 
   SEC. 8.    Part 2.74 (commencing with Section 10720)
is added to Division 6 of the   Water Code   , to
read:  

      PART 2.74.  Groundwater Management


      CHAPTER 1.  GENERAL PROVISIONS


   10720.  This part shall be known, and may be cited, as the
Groundwater Management Act.
   10720.1.  In enacting this part, it is the intent of the
Legislature to do all of the following:
   (a) Provide for the responsible management of groundwater basins.
   (b) Enhance local management of groundwater consistent with rights
to use or store groundwater and Section 2 of Article X of the
California Constitution.
   (c) Protect groundwater rights.
   (d) Establish standards for responsible groundwater management.
   (e) Provide local groundwater agencies with the authority and the
technical and financial assistance necessary to appropriately manage
groundwater.
   (f) Avoid or minimize subsidence.
   (g) Improve data collection and technological knowledge of
groundwater.
   (h) Increase groundwater storage, when appropriate, and remove
impediments to recharge.
   (i) Manage groundwater basins through the actions of local
agencies to the extent feasible, while minimizing state intervention.

   10720.3.  To the extent authorized under federal or tribal law,
this part applies to an Indian tribe and to the federal government.
   10720.5.  Groundwater management pursuant to this part shall be
consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that no extraction of groundwater
from a groundwater extraction facility constructed after January 1,
2015, may be used as evidence to establish any claim of prescription.

   10720.7.  Subject to Chapter 6 (commencing with Section 10727) and
Chapter 12 (commencing with Section 10735), by January 31, 2020, all
basins designated as high- or medium-priority basins by the
department and that are in a condition of long-term overdraft shall
be managed under a groundwater management plan or coordinated
groundwater management plans pursuant to this part.
   10720.9.  (a) Except as provided in subdivision (b) of Section
10733.6, this part does not apply to a local agency that conforms to
the requirements of an adjudication of water rights in a groundwater
basin or to that adjudicated basin. For purposes of this section, an
adjudication includes an adjudication under Section 2101 and an
adjudication in state or federal court, including, but not limited
to, the following adjudicated groundwater basins:
   (1) Beaumont Basin.
   (2) Brite Basin.
   (3) Central Basin.
   (4) Chino Basin.
   (5) Cucamonga Basin.
   (6) Cummings Basin.
   (7) Goleta Basin.
   (8) Main San Gabriel Basin: Puente Narrows.
   (9) Mojave Basin Area.
   (10) Puente Basin.
   (11) Raymond Basin.
   (12) San Jacinto Basin.
   (13) Santa Margarita River Watershed.
   (14) Santa Maria Valley Basin.
   (15) Santa Paula Basin.
   (16) Scott River Stream System.
   (17) Seaside Basin.
   (18) Six Basins.
   (19) Tehachapi Basin.
   (20) Upper Los Angeles River Area.
   (21) Warren Valley Basin.
   (22) West Coast Basin.
   (23) Western San Bernardino.
   (b) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding Number
4408) shall be treated as an adjudicated basin pursuant to this
section if the superior court issues a final judgment, order, or
decree.
   10720.10.  Nothing in this part, or in any groundwater management
plan adopted pursuant to this part, shall affect surface water rights
or groundwater rights or the procedures under the common law or
local groundwater authority, or any provision of law that determines
or grants surface water rights.
   10720.11.  Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to the action of a local agency
under this part to do any of the following:
   (a) Become or form a groundwater management agency.
   (b) Develop, adopt, or amend a groundwater management plan.
   (c) Implement or enforce a groundwater management plan except to
the extent implementation requires construction or installation of
new facilities.
   10720.13.  In addition to any other authority granted to a
groundwater management agency by this part or other laws, groundwater
management agencies may enter into agreements for funding or other
arrangements with private parties that would assist in the
implementation of groundwater management plans.
      CHAPTER 2.  DEFINITIONS


   10721.  Unless the context otherwise requires, the following
definitions govern the construction of this part:
   (a) "Adjudication action" means an action filed in the state or
federal court to determine the rights to extract groundwater from a
basin or store water within a basin, including, but not limited to,
actions to quiet title or determine rights to extract or store
groundwater or an action brought to impose a physical solution on a
basin.
   (b) "Available supply" means the maximum quantity of water,
calculated over a base period representative of long-term conditions
in the basin and including any temporary surplus that can be
withdrawn annually from a groundwater supply without causing an
undesirable result.
   (c) "Basin" means a groundwater basin or subbasin identified and
defined in Bulletin 118 or as modified pursuant to Chapter 3
(commencing with Section 10722).
   (d) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised in accordance with Section 12924.
   (e) "Condition of long-term overdraft" means the condition of a
groundwater basin where the average annual amount of water extracted
over a long-term period, of 10 years or more, exceeds the long-term
average annual supply of water to the basin and any temporary
surplus. Overdraft during a period of drought is insufficient to
establish a condition of long-term overdraft if extractions and
recharge are managed, to the extent possible, to ensure that
reductions in groundwater levels or storage during a period of
drought are offset by increases in groundwater levels or storage
during nondrought periods.
   (f) "Coordination agreement" means a binding, written agreement
between two or more groundwater management agencies that provides the
basis for coordinating multiple agencies or groundwater management
plans within a basin pursuant to this part.
   (g) "De minimis extractor" means a person who extracts 20
acre-feet or less per year.
   (h) "Governing body" means the legislative body of a groundwater
management agency.
   (i) "Groundwater" means water beneath the surface of the earth
within the zone below the water table in which the soil is saturated
with water, but does not include water that flows in known and
definite channels.
   (j) "Groundwater extraction facility" or "well" means a device or
method for extracting groundwater from within a basin.
   (k) "Groundwater management agency" means one or more local
agencies that implement the provisions of this part. For purposes of
imposing fees pursuant to Chapter 8 (commencing with Section 10730)
or taking action to enforce a groundwater management plan,
"groundwater management agency" also means each local agency
comprising the groundwater management agency if the plan authorizes
separate agency action.
   (l) "Groundwater management plan" or "plan" means a plan of a
groundwater management agency proposed or adopted pursuant to this
part.
   (m) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means.
   (n) "Local agency" means a local public agency that has water
supply, surface water management, groundwater management, groundwater
replenishment, or land use authority within a groundwater basin, or
a joint powers authority that includes local public agencies with
this authority.
   (o) "Management goal" means the goals established by one or more
groundwater management plans for a basin that achieve responsible
groundwater management.
   (p) "Operator" means a person operating a groundwater extraction
facility. The owner of a groundwater extraction facility shall be
conclusively presumed to be the operator unless a satisfactory
showing is made to the governing body of the groundwater management
agency that the groundwater extraction facility actually is operated
by some other person.
   (q) "Owner" means a person who owns a groundwater extraction
facility or has an interest in a groundwater extraction facility
other than a lien to secure the payment of a debt or other
obligation.
   (r) "Planning and implementation horizon" means a 50-year time
period over which a groundwater management agency determines that
plans and measures will be implemented in a basin to ensure that the
basin is operated within its available supply.
   (s) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
   (t) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin.
   (u) "Responsible groundwater management" means the use of
groundwater in a manner that can be maintained during the planning
and implementation horizon without causing an undesirable result.
   (v) "Undesirable result" means one or more of the following
effects occurring after January 1, 2020, and caused by groundwater
pumping occurring throughout the basin:
   (1) Chronic lowering of groundwater levels below those specified
in the groundwater management plan or plans for the basin, indicating
a significant and unreasonable depletion of supply if continued over
the planning and implementation horizon, excluding the lowering of
groundwater levels caused by a drought or in accordance with the
groundwater management plan or plans for the basin.
   (2) Significant and chronic seawater intrusion.
   (3) Significant and unreasonable degraded water quality, including
the migration of contaminant plumes that unreasonably impairs water
supplies.
   (4) Significant and chronic land subsidence that substantially
interferes with surface land uses.
   (w) "Water accounting" means an accounting of the total
groundwater and surface water entering and leaving a basin including
the changes in the amount of water stored.
   (x) "Watermaster" means a watermaster appointed by a court or
pursuant to other law.
   (y) "Water year" means the period from October 1 through the
following September 30, inclusive.
   (z) "Wellhead protection area" means the surface and subsurface
area surrounding a water well or well field that supplies a public
water system through which contaminants are likely to migrate toward
the water well or well field.
      CHAPTER 3.  BASIN BOUNDARIES


   10722.  Unless other basin boundaries are established pursuant to
this chapter, a basin's boundaries shall be as identified in Bulletin
118.
                   10722.2.  (a) A local agency may request that the
department revise the boundaries of a basin, including the
establishment of new subbasins. A local agency's request shall be
supported by the following information:
   (1) Information demonstrating that the proposed adjusted basin can
be the subject of responsible groundwater management.
   (2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.
   (3) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the affected basins before filing the
proposal with the department.
   (4) Other information the department deems necessary to justify
revision of the basin's boundaries.
   (b) By January 1, 2016, the department shall develop and publish
regulations regarding the information required to comply with
subdivision (a).
   (c) The department shall provide a copy of its draft revision of a
basin's boundaries to the California Water Commission, which shall
hear and comment on the draft revision within 60 days of the date of
receipt.
   10722.3.  (a) Any time the department updates Bulletin 118
pursuant to subdivision (b) of Section 12921, the department shall
reassess the prioritization pursuant to Section 10933.
   (b) Any time the department changes the basin priorities pursuant
to Section 10933, if a basin is elevated to a high- or
medium-priority basin and is in a condition of long-term overdraft
after January 31, 2015, a local agency shall have either two years
from the date of reprioritization to establish a groundwater
management agency pursuant to Chapter 4 (commencing with Section
10723) and five years from the date of reprioritization to adopt a
groundwater management plan pursuant to Chapter 6 (commencing with
Section 10727) or two years to satisfy the requirements of Section
10733.6
      CHAPTER 4.  ESTABLISHING GROUNDWATER MANAGEMENT AGENCIES


   10723.  (a) Any local agency or combination of local agencies may
elect to be a groundwater management agency.
   (b) Before deciding to be a groundwater management agency, and
after publication of notice pursuant to Section 6066 of the
Government Code, the local agency or agencies shall hold a public
hearing to receive comment on its proposal in a county overlying the
basin.
   10723.2.  The groundwater management agency shall consider the
interests of all users of groundwater and those responsible for
implementing groundwater management plans.
   10723.4.  The groundwater management agency shall establish and
maintain a list of persons interested in receiving notices regarding
plan preparation, meeting announcements, and availability of draft
plans, maps, and other relevant documents. Any person may request, in
writing, to be placed on the list of interested persons.
   10723.6.  A combination of local agencies may form a joint powers
authority to act as a groundwater management agency, which may
include other members as permitted by law.
   10723.8.  Within 30 days of deciding to be or forming a
groundwater management agency, the local agency shall inform the
department of its decision or formation and its intent to undertake
responsible groundwater management. The notification shall include
the following information, as applicable:
   (a) The service area boundaries, the basin the local agency is
managing, and the other groundwater management agencies known to the
local agency to be operating within the basin.
   (b) A copy of the resolution pursuant to which the local agency
decided to be a groundwater management agency or forming the new
agency.
   (c) A copy of the bylaws, ordinances, and new authorities of the
groundwater management agency.
   10724.  (a) In the event that there is an area within a basin that
is not within the boundaries of a groundwater management agency, the
landowners within that area may petition to form a new local agency
or petition to be annexed into an existing local agency for purposes
of developing a groundwater management plan or participating in the
groundwater management plan adopted by the annexing agency. For these
limited purposes, a local agency formation commission shall complete
all proceedings on the formation or annexation and serve as the
conducting authority within 180 days of the receipt of the petition
for formation or annexation.
   (b) If a petition is not submitted pursuant to subdivision (a) by
January 1, 2016, the county or counties within which the unmanaged
area lies shall do one of the following:
   (1) Be the groundwater management agency for the unmanaged area.
   (2) Timely develop a groundwater management plan for that area,
and enter into a coordination agreement with all other groundwater
management agencies in the basin.
   (3) Join a joint powers authority that is the groundwater
management agency for the basin so that the unmanaged area is subject
to the groundwater management plan adopted for the basin by the
joint powers authority.
      CHAPTER 5.  POWERS AND AUTHORITIES


   10725.  A groundwater management agency may exercise any of the
powers described in this chapter in implementing this part, in
addition to, and not as a limitation on, any existing authority, if
the groundwater management agency adopts and submits to the
department a groundwater management plan or prescribed alternative
documentation in accordance with Section 10733.6.
   10725.2.  (a) A groundwater management agency may perform any act
necessary or proper to carry out the purposes of this part.
   (b) A groundwater management agency may adopt rules, regulations,
ordinances, and resolutions for the purpose of this part, in
compliance with any procedural requirements applicable to the
adoption of a rule, regulation, ordinance, or resolution by the
groundwater management agency.
   (c) In addition to any other applicable procedural requirements,
the groundwater management agency shall provide notice of the
proposed adoption of the groundwater management plan on its Internet
Web site and provide for electronic notice to any person who requests
electronic notification.
   10725.4.  (a) A groundwater management agency may conduct an
investigation for the purposes of this part, including, but not
limited to, investigations for the following:
   (1) Determine the need for groundwater management.
   (2) Prepare and adopt a groundwater management plan and
implementing rules and regulations.
   (3) Propose and update fees.
   (4) Monitor compliance and enforcement.
   (b) In connection with an investigation, a groundwater management
agency may inspect the property or facilities of a person or entity
to ascertain whether the purposes of this part are being met and
there is compliance with this part. The local agency may conduct an
inspection pursuant to this section only upon obtaining necessary
consent or an inspection warrant pursuant to the procedure set forth
in Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure.
   10725.6.  A groundwater management agency may require registration
of groundwater extraction facilities within the management area.
Information submitted to register a groundwater extraction facility
shall be kept confidential and shall not be made available for
inspection by the public.
   10725.8.  (a) A groundwater management agency may require that the
use of groundwater extraction facilities within the management area
be measured by a water-measuring device or methodology satisfactory
to the groundwater management agency.
   (b) A groundwater management agency may require all costs
associated with the purchase and installation of a water-measuring
device or methodology to be borne by the owner or operator of each
groundwater extraction facility. Water-measuring devices shall be
calibrated on a reasonable schedule as determined by the groundwater
management agency.
   (c) A groundwater management agency may require, through its
groundwater management plan, that the owner or operator of a
groundwater extraction facility within the groundwater management
agency periodically file a statement with the groundwater management
agency setting forth the total extraction in acre-feet of groundwater
from the facility.
   (d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater management agency may use
any other reasonable method to determine groundwater extraction.
   (e) This section does not apply to de minimis extractors.
   10726.  Diversions of surface water to underground storage within
the area of a groundwater management plan shall be reported to the
groundwater management agency.
   10726.2.  A groundwater management agency may do the following:
   (a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or as otherwise provided by law, and hold, use, enjoy,
sell, let, and dispose of, real and personal property of every kind,
including lands, water rights, water supplies, structures, buildings,
rights-of-way, easements, and privileges, and construct, maintain,
alter, and operate any and all works or improvements, within or
outside the agency, necessary or proper to carry out any of the
purposes of this part.
   (b) Appropriate and acquire surface water, groundwater, surface
water rights, or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or outside
the agency that water for any purpose necessary or proper to carry
out the provisions of this part, including, but not limited to, the
spreading, storing, retaining, or percolating into the soil of the
waters for subsequent use or in a manner consistent with the
provisions of Section 10727.2. As part of this authority, the agency
may validate an existing groundwater conjunctive use or storage
program upon a finding that the program would aid or assist the
agency in developing or implementing a groundwater management plan.
   (c) Perform any acts necessary or proper to enable the agency to
purchase, transfer, deliver, or exchange water or water rights of any
type with any person to carry out the purposes of this part,
including, but not limited to, providing surface water in exchange
for a groundwater extractor's agreement to reduce or cease
groundwater extractions. The agency shall not deliver retail water
supplies within the service area of a public water system as part of
a groundwater management plan without either the consent of that
system or authority.
   (d) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters for
subsequent use in a manner that is necessary or proper to carry out
the purposes of this part.
   (e) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and proceedings,
including an action to adjudicate groundwater rights.
   10726.4.  (a) A groundwater management agency shall have the
following additional authority to implement its groundwater
management plans:
   (1) Establish spacing requirements on new groundwater well
construction and reasonable operating regulations on existing
groundwater wells to minimize well interference, including requiring
pumpers to operate on a rotation basis.
   (2) Manage groundwater extractions by regulating, limiting, or
suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the construction
of new groundwater wells, the enlarging of existing groundwater
wells, the reactivation of abandoned groundwater wells, or otherwise
establishing groundwater extraction allocations. A limitation on
extractions by a groundwater management agency shall be consistent
with groundwater rights and shall not be construed to be a final
determination of any individual's rights to extract groundwater from
the basin or any portion of the basin.
   (3) Authorize temporary and permanent transfers of groundwater
extraction allocations within the agency's boundaries, or of
groundwater extracted within the agency's boundaries if the total
quantity of groundwater extracted in any water year is consistent
with the provisions of the groundwater management plan.
   (4) Establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total
quantity of groundwater extracted in any five-year period is
consistent with the provisions of the groundwater management plan.
   (b) Nothing in this section shall be construed to grant a
groundwater management agency the authority to issue permits for the
construction, modification, or abandonment of groundwater wells. A
permitting authority for wells shall be subject to the agency's
authorities exercised pursuant to this section. A county may
authorize a groundwater management agency to issue permits for the
construction, modification, or abandonment of groundwater wells.
   10726.6.  (a) A groundwater management agency that adopts a
groundwater management plan may file an action to determine the
validity of the plan, or any other action taken pursuant to this
part, pursuant to Chapter 9 (commencing with Section 860) of Title 10
of Part 2 of the Code of Civil Procedure.
   (b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall be
the county in which the principal office of the groundwater
management agency is located.
   (c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10730,
10730.2, or 10730.4 shall be brought pursuant to Section 66022 of the
Government Code.
   (d) Any person may pay a fee imposed pursuant to Section 10730,
10730.2, or 10730.4 under protest and bring an action against the
governing body in the superior court to recover any money that the
governing body refuses to refund. Payments made and actions brought
under this section shall be made and brought in the manner provided
for the payment of taxes under protest and actions for refund of that
payment in Article 2 (commencing with Section 5140) of Chapter 5 of
Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.
In an action brought pursuant to this section, the court shall award
the prevailing party reasonable attorneys' fees, costs of
enforcement, and costs of suit.
   (e) Except as otherwise provided in this section, actions by a
groundwater management agency are subject to judicial review pursuant
to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of
the Code of Civil Procedure.
   10726.8.  (a) This part is in addition to, and not a limitation
on, the authority granted to a local agency under any other law. The
local agency may use its authority under any other law to apply and
enforce any requirements of this part, including, but not limited to,
the collection of fees.
   (b) Except as otherwise prohibited by law, this part authorizes a
local agency to impose any requirement or impose any penalty or fee
on the state or any agency, department, or officer of the state.
Except as otherwise provided by law, state agencies and departments
shall comply with all groundwater management plans to the same extent
private parties are required to comply with groundwater management
plans.
      CHAPTER 6.  GROUNDWATER MANAGEMENT PLANS


   10727.  (a) Subject to Chapter 12 (commencing with Section 10735),
a groundwater management plan shall be developed and implemented for
each medium- and high-priority basin, as categorized by the
department, that is in a condition of long-term overdraft, by a
groundwater management agency to meet the management goal established
pursuant to this part. The groundwater management plan may
incorporate, extend, or be based on a plan adopted pursuant to Part
2.75 (commencing with Section 10750).
   (b) A groundwater management plan may be any of the following:
   (1) A single plan covering the entire basin developed and
implemented by one groundwater management agency.
   (2) A single plan covering the entire basin developed and
implemented by multiple groundwater management agencies.
   (3) Subject to Section 10727.6, multiple plans implemented by
multiple groundwater management agencies and coordinated pursuant to
a single coordination agreement that covers the entire basin.
   10727.2.  A groundwater management plan shall include all of the
following:
   (a) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:
   (1) Historical data, to the extent available.
   (2) Groundwater levels, groundwater quality, and subsidence.
   (3) A general discussion of historical and projected water demands
and supplies.
   (4) A map that details the area of the basin and the boundaries of
the groundwater management agencies that overlie the basin that have
or are developing groundwater management plans.
   (5) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge areas
that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the groundwater
management plan.
   (b) (1) Measurable objectives and interim milestones in increments
of five years, to achieve the management goal in the basin within 20
years of the implementation of the plan.
   (2) A description of how the plan helps meet each objective and
how each objective is intended to achieve the management goal for the
basin for long-term beneficial uses of groundwater.
   (3) Notwithstanding paragraph (1), at the request of the
groundwater management agency, the department may grant an extension
of up to 10 years beyond the 20-year management goal timeframe upon a
showing of good cause.
   (c) A planning and implementation horizon of 50 years.
   (d) Components relating to the following, as applicable to the
basin:
   (1) The monitoring and management of groundwater levels within the
basin.
   (2) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface subsidence,
and changes in surface flow and surface water quality that directly
affect groundwater levels or quality or are caused by groundwater
pumping in the basin.
   (3) Mitigation of overdraft.
   (4) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.
   (5) The relationship between surface water deliveries and the
ability to manage the basin.
   (e) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
precipitation, evaporation, and tidal influence. The plan shall
include a summary of monitoring information such as well depth,
screened intervals, and aquifer zones monitored, and a summary of the
type of well relied on for the information, including public,
irrigation, domestic, industrial, and monitoring wells.
   (f) Monitoring protocols that are necessary to implement the plan.

   10727.4.  In addition to the requirements of Section 10727.2, a
groundwater management plan shall include, where appropriate and in
collaboration with the appropriate local agencies, all of the
following:
   (a) Control of saline water intrusion.
   (b) Wellhead protection areas and recharge areas.
   (c) Migration of contaminated groundwater.
   (d) A well abandonment and well destruction program.
   (e) Replenishment of groundwater extractions.
   (f) Activities implementing, opportunities for, and impediments
to, conjunctive use.
   (g) Well-construction policies.
   (h) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.
   (i) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods to
improve the efficiency of water use.
   (j) Efforts to develop relationships with state and federal
regulatory agencies.
   (k) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.
   (l) An analysis of the economic impacts of implementation of the
groundwater management plan.
   10727.6.  Groundwater management agencies intending to develop and
implement multiple groundwater management plans pursuant to
paragraph (3) of subdivision (b) of Section 10727 shall coordinate
with other agencies preparing a groundwater management plan within
the basin to ensure that the plans use the same data for the
following assumptions in developing the plan:
   (a) Groundwater elevation data.
   (b) Groundwater extraction data.
   (c) Surface water supply.
   (d) Total water use.
   (e) Change in groundwater storage.
   (f) Water accounting.
   (g) Available supply.
   10727.8.  Before initiating the development of a groundwater
management plan, the groundwater management agency shall make
available to the public and the department a written statement
describing the manner in which stakeholders may participate in the
development and implementation of the groundwater management plan.
The groundwater management agency may appoint and consult with an
advisory committee consisting of stakeholders for purposes of
developing and implementing a groundwater management plan.
   10728.  A groundwater management agency shall certify that its
plan complies with this part no later than January 31, 2020, and
every five years thereafter. A groundwater management agency shall
submit this certification and the plan to the department within 30
days of the certification.
      CHAPTER 7.  TECHNICAL ASSISTANCE


   10729.  (a) The department or a groundwater management agency
shall provide technical assistance to entities that extract or use
groundwater to promote water conservation and protect groundwater
resources.
   (b) The department shall provide technical assistance to any
groundwater management agency in response to that agency's request
for assistance in the development and implementation of a groundwater
management plan.
   (c) The department shall develop advisory best management
practices for the responsible management of groundwater through a
public process involving one public meeting conducted at a location
in northern California, one public meeting conducted at a location in
the San Joaquin Valley, one public meeting conducted at a location
in southern California.
      CHAPTER 8.  FINANCIAL AUTHORITY


   10730.  (a) A groundwater management agency may impose fees to
recover the reasonable and proportionate cost of any activities or
services directly related to the groundwater management plan,
including, but not limited to, permit fees and fees on groundwater
extraction or other regulated activity, to fund the costs of a
groundwater management plan, including, but not limited to,
preparation, adoption, and amendment of the groundwater management
plan, and plan administration,
               investigations, operation, inspections, compliance
assistance, enforcement, and maintenance of prudent reserves to cover
these costs. A groundwater management agency shall not impose a fee
pursuant to this subdivision on a de minimis extractor unless the
agency has regulated the users pursuant to this part.
   (b) (1) Prior to imposing or increasing a fee, a groundwater
management agency shall hold at least one open and public meeting, at
which oral or written presentations may be made as part of the
meeting.
   (2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be provided by publication as provided by Section 6066 of the
Government Code, by posting on the agency's Internet Web Site, if
any, and by mail at least 14 days before the meeting to any
interested party who files a written request with the agency for
mailed notice of a meeting on new or increased fees. A written
request for mailed notices shall be valid for one year from the date
the request is made and may be renewed by making a written request on
or before April 1 of each year.
   (3) At least 10 days before the meeting, the groundwater
management agency shall make available to the public data upon which
the proposed fee is based.
   (c) Any action by a groundwater management agency to impose or
increase a fee shall be taken only by ordinance or resolution.
   (d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater management agency may
adopt a resolution requesting collection of the fees in the same
manner as ordinary municipal ad valorem taxes.
   (2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor-controller and board of supervisors
on or before August 1 of each year that the alternative collection of
the fees is being requested. The resolution shall include a list of
parcels and the amount to be collect for each parcel.
   (e) The power granted by this section is in addition to any
revenue generation powers a groundwater management agency has under
any other law.
   10730.2.  (a) A groundwater management agency that adopts a
groundwater management plan pursuant to this part may impose fees on
the extraction of groundwater from the basin to fund costs of
groundwater management, including, but not limited to, the costs of
the following:
   (1) Administration, operation, and maintenance, and the
maintenance of prudent reserves for those purposes.
   (2) Acquisition of lands or other property, facilities, and
services.
   (3) Supply, production, treatment, or distribution of water.
   (4) Other activities necessary to implement the plan.
   (b) Fees may be implemented pursuant to this chapter for purposes
of Part 2.75 (commencing with Section 10750) in accordance with the
procedures provided in this section.
   (c) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater commenced
from a groundwater extraction facility, and impacts to the basin.
Fees that increase based on the quantity of groundwater produced
annually may only be charged for groundwater produced in excess of an
owner's right.
   (d) The power granted by this section is in addition to any powers
a groundwater management agency has under any other law.
   10730.4.  A groundwater management agency may fund activities
pursuant to Part 2.75 (commencing with Section 10750) and may impose
fees pursuant to Section 10730.2 to fund activities undertaken by the
agency pursuant to Part 2.75 (commencing with Section 10750).
   10730.6.  (a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater management agency by each
owner or operator on a date established by the groundwater
management agency.
   (b) The groundwater management agency may bring a suit in the
court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the plan
for the collection of any delinquent groundwater fees, interest, or
penalties imposed under this chapter. If the groundwater management
agency seeks an attachment against the property of any named
defendant in the suit, the groundwater management agency shall not be
required to furnish a bond or other undertaking as provided in Title
6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil
Procedure. In addition to delinquent groundwater fees, interest, and
penalties, the court shall award the prevailing party reasonable
attorney's fees, costs of enforcement, and costs of suit.
   (c) In the alternative to bringing a suit pursuant to subdivision
(b), a groundwater management agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable to the
local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable to
the collection of delinquent assessments, water charges, or tolls.
   (d) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively or may
be used consecutively as determined by the governing body.
   10730.8.  (a) Nothing in this chapter shall affect or interfere
with the authority of a groundwater management agency to levy and
collect taxes, assessments, charges, and tolls as otherwise provided
by law.
   (b) For the purposes of Section 6254.16 of the Government Code,
persons subject to payment of fees pursuant to this chapter are
utility customers of a groundwater management agency.
   10731.  (a) In addition to the authority granted by Section
10725.4, a groundwater management agency may cause an investigation
and report to be made concerning the production of groundwater from
any groundwater extraction facility that includes, but is not limited
to, the accuracy of the water-measuring device. Following such an
investigation, the governing body may make a determination fixing the
amount of groundwater production from the groundwater extraction
facility at an amount not to exceed the maximum production capacity
of the facility for purposes of levying a groundwater charge. If a
water-measuring device is permanently attached to the groundwater
extraction facility, the record of production as disclosed by the
water-measuring device shall be presumed to be accurate unless the
contrary is established by the groundwater management agency after
investigation.
   (b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner or
operator of the groundwater extraction facility at the address as
shown by the groundwater management agency's records. A determination
made by the governing body shall be conclusive on the owner or
operator and the groundwater charges, based on the determination
together with any interest and penalties, shall be payable
immediately unless within 20 days after the mailing of the notice the
owner or operator files with the governing body a written protest
setting forth the ground for protesting the amount of production or
the groundwater charges, interest, and penalties. If a protest is
filed pursuant to this subdivision, the governing body shall hold a
hearing to determine the total amount of the groundwater production
and the groundwater charges, interest, and penalties. Notice of the
hearing shall be mailed to each protestant at least 20 days before
the date fixed for the hearing. Notice of the determination of the
governing body hearing shall be mailed to each protestant. The owner
or operator shall have 20 days from the date of mailing of the
determination to pay the groundwater charges, interest, and penalties
determined by the governing body.
      CHAPTER 9.  GROUNDWATER MANAGEMENT AGENCY ENFORCEMENT POWERS


   10732.  (a) (1) A person who extracts groundwater in excess of the
amount that person is authorized to extract under a rule, right,
regulation, ordinance, or resolution adopted pursuant to Section
10725.2, shall be subject to a civil penalty not to exceed two
hundred-fifty dollars ($250) for each acre-foot of water extracted in
excess of the amount that person is authorized to extract, to be set
from time to time by the groundwater management agency in an amount
the agency determines to be sufficient to deter unauthorized
extractions. Liability under this subdivision is in addition to any
liability imposed under paragraph (2) and any fee imposed for the
extraction. In no event may penalties by imposed for groundwater
extractions if the amount extracted is within the owner's right.
   (2) A person who violates any rule, regulation, ordinance, or
resolution adopted pursuant to Section 10725.2 shall be liable for a
civil penalty not to exceed one thousand dollars ($1,000) plus one
hundred dollars ($100) for each additional day on which the violation
continues if the person fails to comply within 30 days after the
local agency has notified the person of the violation.
   (b) (1) A groundwater management agency may bring an action in the
superior court to determine whether a violation occurred and to
impose a civil penalty described in subdivision (a).
    (2) In determining the amount of the penalty, the superior court
or the groundwater management agency shall take into consideration
all relevant circumstances, including, but not limited to, the nature
and persistence of the violation, the extent of the harm caused by
the violation, the length of time over which the violation occurs,
and any corrective action taken by the violator.
   (c) A penalty imposed pursuant to this section shall be paid to
the groundwater management agency and shall be expended solely for
purposes of this part.
   (d) Penalties imposed pursuant to this section are in addition to
any civil penalty or criminal fine under any other law.
      CHAPTER 10.  STATE EVALUATION AND ASSESSMENT


   10733.  (a) The department may periodically review the groundwater
management plans developed by groundwater management agencies
pursuant to this part to evaluate whether a plan conforms with
Sections 10727.2 and 10727.4 and is likely to achieve the management
goal for the basin covered by the groundwater management plan.
   (b) If a groundwater management agency develops multiple
groundwater management plans for a basin, the department may evaluate
whether the plans conform with Sections 10727.2, 10727.4, and
10727.6 and are together likely to achieve the management goal for
the basin covered by the groundwater management plans.
   10733.2.  (a) By June 1, 2016, the department shall develop
regulations for evaluating groundwater management plans pursuant to
this chapter.
   (b) The regulations shall identify the necessary plan components
specified in Sections 10727.2 and 10727.4 and other information that
will assist local agencies in developing and implementing groundwater
management plans.
   (c) The department may update the regulations, including to
incorporate the best management practices identified pursuant to
Section 10729.
   10733.4.  (a) Upon completion and certification of a groundwater
management plan, a groundwater management agency shall submit the
groundwater management plan to the department for review pursuant to
this chapter.
   (b) The department may evaluate the groundwater management plan
and issue an assessment of the plan. The assessment may include
recommended corrective actions to address any deficiencies identified
by the department.
   (c) If the department determines a plan is out of compliance, a
local agency or groundwater management agency shall have 180 days to
remedy the deficiency. The department may appoint a mediator or other
facilitator, after consulting with affected local agencies, to
assist in resolving disputes, and identifying and implementing
actions that will remedy the deficiency.
   (d) After the 180-day period provided by subdivision (c), the
department may provide additional time to remedy the deficiency if it
finds that a local agency is making substantial progress toward
remedying the deficiency.
   10733.6.  (a) If there is not a groundwater management plan for a
basin, but a local agency believes that an alternative plan, such as
a plan developed pursuant to Part 2.75 (commencing with Section
10750), satisfies the objectives of this part, the local agency may
submit the alternative plan to the department for evaluation. In
evaluating an alternative plan, the department shall, to the extent
feasible, use the regulations developed pursuant to Section 10733.2.
   (b) A basin subject to a final judicial order in an adjudication
action, shall be in compliance with this part if, no later than
January 31, 2020, and every five years thereafter, the following
documents are submitted to the department:
   (1) A copy of the governing final judgment or other judicial order
or decree. However, that judgment, order, or decree need not be
resubmitted unless it has been amended since its prior submission.
   (2) A report or reports required by the judgment or other judicial
order or decree to be submitted to the court or the watermaster
appointed by the court for the basin since the prior submission of
the report or reports.
      CHAPTER 11.  EXPEDITED ADJUDICATION ACTION


   10734.  (a) The Legislature finds and declares all of the
following:
   (1) Efficient resolution of conflicts concerning rights to use and
manage groundwater will promote achievement of the management goal
and the beneficial use of groundwater consistent with Section 2 of
Article X of the California Constitution and the state water policies
described in Chapter 1 (commencing with Section 100) of Division 1.
   (2) In light of the scope and complexities of adjudication
actions, the state's welfare is promoted by the development of
specific legal procedures to effectively and expeditiously process
adjudication actions to implement the management goal when a basin is
not served by one or more groundwater management agencies, or a
groundwater management plan is not timely adopted or effectively
implemented.
   (3) Negotiation and compromise among stakeholders in a basin to
resolve conflicts about the use and management of groundwater should
be encouraged in order to expedite the achievement of the management
goal in the basin.
   (b) It is the intent of the Legislature to develop procedures to
provide a more streamlined and expeditious groundwater adjudication
process while fully respecting established principles of water rights
law and providing participants with appropriate due process.
      CHAPTER 12.  STATE INTERVENTION


   10735.  As used in this chapter, the following terms have the
following meanings:
   (a) "Person" means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. "Person" includes, to the extent authorized by
federal law, the United States, a department, agency or
instrumentality of the federal government, an Indian tribe, an
authorized Indian tribal organization, or interstate body.
   (b) "Probationary basin" means a basin for which the board has
issued a determination under this chapter.
   10735.2.  The board, after notice and a public hearing, may
designate a basin designated as high- or medium-priority by the
department and that is in a condition of long-term overdraft as a
probationary basin, if the board finds one or more of the following
applies to the basin:
   (a) After January 1, 2018, none of the following have occurred:
   (1) No local agency has elected to be a groundwater management
agency that intends to develop a groundwater management plan for the
entire basin.
   (2) No collection of local agencies has formed a groundwater
management agency or prepared agreements to develop one or more
groundwater management plans that will collectively serve as a
groundwater management plan for the entire basin.
   (3) There is no plan developed pursuant to Part 2.75 (commencing
with Section 10750) that satisfies the objectives of this part.
   (4) There is no report approved by a groundwater agency that shows
that current management or operations activities have been
consistent with the available supply of the basin over a period of at
least 10 years, as described in paragraph (2) of subdivision (b) of
Section 10733.6.
   (b) After January 31, 2020, none of the following have occurred:
   (1) No groundwater management agency has adopted a groundwater
management plan for the entire basin.
   (2) No collection of local agencies have adopted groundwater
management plans that collectively serve as a groundwater management
plan for the entire basin.
   (3) The department has not determined that a local agency has
complied with Section 10733.6.
   (4) There is no report approved by a groundwater agency that shows
that current management or operations activities have been
consistent with the available supply of the basin over a period of at
least 10 years, as described in paragraph (2) of subdivision (b) of
Section 10733.6.
   (5) The department determines that a groundwater management plan
is deficient pursuant to Section 10733.4.
   10735.4.  (a) If the board designates a basin as a probationary
basin pursuant to subdivision (a) or (b) of Section 10735.2, a local
agency or groundwater management agency shall have 180 days to
correct the deficiency. The board may appoint a mediator or other
facilitator, after consultation with affected local agencies, to
assist in resolving disputes, and identifying and implementing
actions that will correct the deficiency.
   (b) After the 180-day period provided by subdivision (a), the
board may provide additional time to correct the deficiency if it
finds that a local agency is making substantial progress toward
correcting the deficiency.
   10735.6.  If the board designates a basin as a probationary basin
pursuant to paragraph (3) of Section 10735.2, the board shall
identify the specific deficiencies and identify potential actions to
address the deficiencies. The board may request the department to
provide local agencies, within 90 days of the designation of a
probationary basis, with technical recommendations to correct the
deficiencies.
   10735.8.  After the time periods specified in Section 10735.4 have
expired the board may do either of the following:
   (a) Initiate an adjudication action to determine the rights to
extract groundwater from the basin or store water within the basin
pursuant to Section 10736.
   (b) Prepare an interim plan pursuant to Section 10735.10, in which
case the board shall provide no less than 90 days notice to the
groundwater management agency or agencies, the county, and, by
publication, landowners, groundwater rights holders, and groundwater
users in the probationary basin of its intent. After the notice is
provided, the groundwater management agency or agencies, the county,
landowners, groundwater rights holders, or groundwater users may
initiate an adjudication action before the board finishes preparing
the interim plan and, if an adjudication action is initiated, the
board shall not prepare, or cease its preparation of, an interim
plan.
   10735.10.  (a) An interim plan for a probationary basin adopted
pursuant to subdivision (b) of Section 10735.8 shall include all of
the following:
   (1) Identification of the actions that are necessary to correct a
condition of long-term overdraft.
   (2) A time schedule for the actions to be taken.
   (3) A description of the monitoring to be undertaken to determine
effectiveness of the plan.
   (b) The interim plan may include the following:
   (1) Restrictions on groundwater pumping or extraction.
   (2) A physical solution.
   (c) The interim plan shall be consistent with groundwater rights
and water rights priorities.
   (d) An interim plan may be adopted, amended, or rescinded after
notice and a public hearing.
   (e) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the
board in writing the authority for not complying with the interim
plan.
   (f) (1) After the board adopts an interim plan pursuant to this
section, one or more groundwater management agency or agencies for
the probationary basin may adopt one or more groundwater management
plan or plans in accordance with this part. Upon adoption of one or
more groundwater management plan or plans and upon petition of one or
more of the groundwater management agencies that have adopted a
groundwater management plan for the probationary basin or a portion
of the probationary basin, the board shall determine if the
groundwater management plan or plans subsequently adopted are
adequate to eliminate the condition of long-term overdraft.
   (2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is submitted. If the board
determines that the groundwater management plan or plans are
adequate, the board shall rescind the interim plan adopted by the
board for the probationary basin, except as provided in paragraphs
(3) and (4).
   (3) Upon request of the petitioner, the board may amend an interim
plan adopted under this section to eliminate portions of the interim
plan, while allowing other portions of the interim plan to continue
in effect.
   (4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater management
plan will be implemented.
   (5) Upon the entry of a final judgment in an adjudication action
for a probationary basin for which an interim plan has been adopted
by the board, the interim plan shall be of no further force or
effect.
   10736.  Adjudication actions may be initiated as follows:
   (a) By a groundwater management agency for a basin that it was a
groundwater management agency for before January 31, 2020, if a
groundwater management plan has not been adopted before the
initiation of the adjudication action and only after the groundwater
management agency finds that an adjudication action is the most
efficient means of achieving responsible groundwater management in
the basin.
   (b) By the board for the basin if it and the department, as
applicable, make all of the findings described in subdivisions (a)
and (b) of Section 10735.2.
   (c) By landowners, groundwater rights holder, or groundwater users
in the basin.
                           10736.2.  The board or the department
shall not be a party to an adjudication action following initiation
of an adjudication action, except that the board may intervene for
the sole purpose of proposing and requesting the imposition of an
interim plan or order to prevent a condition of long-term overdraft
pending the outcome of the adjudication action. An interim plan or
order shall be of no further force or effect upon the completion of
the adjudication action.
   10736.4.  A groundwater management agency for a basin may
intervene as a matter of right in an adjudication action for the
basin.
   10736.6.  (a) Except as provided in subdivision (b), the final
order issued in an adjudication action shall provide for all of the
following:
   (1) A determination of the respective rights of the groundwater
rights holders in the basin to extract or store water from, or in,
the basin.
   (2) The appointment of a watermaster that may be an individual or
a local agency, including a groundwater management agency, to
implement and oversee the order.
   (3) The retention of jurisdiction by the court to resolve disputes
arising from the adjudication order.
   (b) If stipulated by parties representing at least 50 percent of
the land in the basin and all groundwater management agencies
established before initiation of the adjudication action, the final
order may instead impose a groundwater management plan consistent
with this part to be administered by an appointed watermaster that
may be an individual or a local agency, including a groundwater
management agency, or by the groundwater management agencies
established for the basin or a subbasin, as determined by the court.
   (c) An adjudication action shall be conducted to encourage the
development of a negotiated order that can be adopted as the final
adjudication order of the court, consistent with the parties' water
rights.
   (d) All costs of an adjudication action shall be borne by the
parties incurring them and the final order shall not apportion or
award the costs of any party.
   (e) In conducting an investigation or proceeding pursuant to this
part, the board may inspect the property or facilities of a person to
ascertain whether the purposes of this part are being met and to
ascertain compliance with this part only after obtaining an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with Section 1822.50) of Part 3 of the Code of Civil
Procedure. 
   SEC. 9.    Section 10750.1 is added to the  
Water Code   , to read:  
   10750.1.  (a) A plan adopted before January 1, 2015, shall remain
in effect and may be amended pursuant to this part until a
groundwater management plan is adopted pursuant to Part 2.74
(commencing with Section 10720).
   (b) This section does not apply to high- or medium-priority basins
that are not in a condition of long term overdraft and low- or very
low priority basins as categorized for the purposes of Part 2.74
(commencing with Section 10720). 
   SEC. 10.    Section 10927 of the   Water
Code   is amended to read: 
   10927.  Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a part
of a basin or subbasin in accordance with this part:
   (a) A watermaster or water management engineer appointed by a
court or pursuant to statute to administer a final judgment
determining rights to groundwater.
   (b) (1) A groundwater management agency with statutory authority
to manage groundwater pursuant to its principal act that is
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1,  2010 
 2015  .
   (2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations. 
   (3) A groundwater management agency with statutory authority to
manage groundwater pursuant to Part 2.74 (commencing with Section
10720). 
   (c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1,
 2010,   2015,  or a local agency or county
that is managing all or part of a groundwater basin or subbasin
pursuant to any other legally enforceable groundwater management plan
with provisions that are substantively similar to those described in
that part and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1,
 2010   2015  .
   (d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water management
plan prepared pursuant to Part 2.2 (commencing with Section 10530)
that includes a groundwater management component that complies with
the requirements of Section 10753.7.
   (e) A local agency that has been collecting and reporting
groundwater elevations and that does not have an adopted groundwater
management plan, if the local agency adopts a groundwater management
plan in accordance with Part 2.75 (commencing with Section 10750) by
January 1, 2014. The department may authorize the local agency to
conduct the monitoring and reporting of groundwater elevations
pursuant to this part on an interim basis, until the local agency
adopts a groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) or until January 1, 2014, whichever
occurs first.
   (f) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).
   (g) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.
   SEC. 11.    Section 12924 of the   Water
Code   is amended to read: 
   12924.  (a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state's groundwater
basins. The department shall identify the state's groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within those basins to
the extent necessary to identify basins  where information
indicates a condition of long-term overdraft and basins  that
are subject to critical conditions of overdraft.
   (b) The department  shall report   may revise
the boundaries of groundwater basins identified in subdivision (a)
based on  its  findings to the Governor and the
Legislature not   own investigations or information
provided by others no  later than January 1,  2012
  2015  , and thereafter in years ending in 5 or 0.

   SEC. 12.    The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application. 
   SEC. 13.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code. 
   SEC. 14.    The Legislature finds and declares that
Section 8 of this act, which adds Section 10725.6 to the Water Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:  
   In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant to
this act as confidential. Therefore, it is in the state's interest to
limit public access to this information.  
  SECTION 1.    Section 21608.6 of the Business and
Professions Code is amended to read:
   21608.6.  (a) A junk dealer or recycler, as defined in subdivision
(g), in this state shall not provide payment for newspaper, as
defined in Section 538c of the Penal Code, or for California
Redemption Value (CRV) containers unless, in addition to meeting the
written record requirements of Sections 21605 and 21606, all of the
following requirements are met:
   (1) The payment for the newspaper or for the CRV containers is
made by check or by other electronic transfer from the junk dealer or
recycler to the seller. A recycler, if authorized by regulations
adopted pursuant to Division 12.1 (commencing with Section 14500) of
the Public Resources Code, may provide payment for CRV containers
through a voucher that is immediately redeemable for cash.
   (2) The junk dealer or recycler obtains and records a valid,
documented address for the seller by obtaining a copy of the valid
driver's license of the seller containing a photograph and an address
of the seller, or a copy of a state or federal government-issued
identification card containing a photograph and an address of the
seller, a passport from any other country in addition to another item
of identification bearing an address of the seller, or a Matricula
Consular in addition to another item of identification bearing an
address of the seller, or other valid identification containing the
seller's address, such as utility bills in the seller's name. The
junk dealer or recycler shall preserve the photograph and the address
or the copies obtained pursuant to this paragraph for a period of
two years after the date of sale.
   (b) The requirements of paragraph (1) of subdivision (a) shall not
apply if, during any three-month period commencing on or after the
effective date of this section, the junk dealer or recycler completes
five or more separate transactions per month with the seller, and in
order for the requirements of paragraph (1) of subdivision (a) to
continue to be inapplicable, the seller must continue to complete
five or more separate transactions per month with the junk dealer or
recycler.
   (c) This section shall not apply if, on the date of sale, the junk
dealer or recycler has on file or receives all of the following
information:
   (1) The name, physical business address, and business telephone
number of the seller's business.
   (2) The business license number or tax identification number of
the seller's business.
   (3) A copy of the valid driver's license or a copy of a state or
federal government-issued identification card containing a photograph
and an address of the person delivering newspaper or CRV containers
on behalf of the seller to the junk dealer or the recycler.
   (d) Any unauthorized disclosure of personal identification
information collected from a seller by a junk dealer or recycler is
prohibited, and any violation of this prohibition is subject to a
civil fine not to exceed five thousand dollars ($5,000).
   (e) This section shall not apply to the payment for newspaper
having a value of fifty dollars ($50) or less in a single transaction
or CRV containers having a value of one hundred dollars ($100) or
less in a single transaction.
   (f) This section shall only apply in jurisdictions that offer
curbside pickup of materials that include newspaper and CRV
containers.
   (g) Notwithstanding Section 21605, for purposes of this section,
"recycler" means any processor, recycling center, or noncertified
recycler, as those terms are defined in Chapter 2 (commencing with
Section 14502) of Division 12.1 of the Public Resources Code.
 
  SEC. 2.    Section 21626.5 of the Business and
Professions Code is amended to read:
   21626.5.  "Secondhand dealer," as used in this article, does not
include any of the following:
   (a) Any person who performs the services of an auctioneer for a
fee or salary.
   (b) Any person whose business is limited to the reconditioning and
selling of major household appliances, provided all the following
conditions are met:
   (1) The person does not trade, take in pawn, accept for drop off,
accept as a trade-in, accept for sale on consignment, accept for
auction, auction, or buy, except in bulk, the appliances.
   (2) The person does not perform repair services for owners of
appliances unless the appliance was purchased from the person.
   (3) The person has never been convicted of the crime of attempting
to receive or receiving stolen property or any other theft-related
crime.
   (c) A junk dealer, as defined in Section 21601.  

  SEC. 3.    The amendment of Section 21626.5 of the
Business and Professions Code made by this act does not constitute a
change in, but is declaratory of, existing law.