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SB-315 Groundwater: groundwater sustainability agencies: probationary basins.(2023-2024)

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Date Published: 04/20/2023 09:00 PM
SB315:v96#DOCUMENT

Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  April 10, 2023
Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 315

Introduced by Senator Hurtado

February 06, 2023

An act to amend Section 10735.6 of, and to add Section Sections 10727.3 and 10736.7 to, the Water Code, relating to groundwater.


LEGISLATIVE COUNSEL'S DIGEST


SB 315, as amended, Hurtado. Groundwater: groundwater sustainability agencies: probationary basins.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes the State Water Resources Control Board to designate specified basins as probationary basins if certain conditions are met, including, but not limited to, that the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. Existing law requires the board, if it designates a basin as a probationary basin pursuant to specified conditions, to identify the specific deficiencies and potential remedies. Existing law authorizes the board to request the department, within 90 days of the designation, to provide technical recommendations to local agencies to remedy the deficiencies and to develop an interim plan for the probationary basin one year after the designation, as specified.
This bill would require any groundwater sustainability agency that hires a third-party consulting firm to ensure that the integrity of the science being used to develop a groundwater sustainability plan is protected and the data is not sold. The bill would delete the authorizations for the board to request technical recommendations from the department and to develop an interim plan as described above. The bill would instead require the board to grant an 18-month grace period before the probationary basin designation becomes effective and would department. The bill would additionally place various requirements on the board in working with a groundwater sustainability agency, including, among other things, requiring the board to provide clear benchmarks and guidance for groundwater sustainability agencies to improve their groundwater management plans.
This bill would establish the Tule SubBasin Critical Facilities Subsidence Mitigation Fund in the State Treasury, to be administered by the department. The bill would, upon appropriation by the Legislature, deposit $50,000,000 in the fund require the Sustainable Groundwater Management Grant Program to allocate at least $50,000,000 of existing funds for a Critical Facilities Subsidence Mitigation subprogram, to be used for groundwater sustainability agencies that meet certain criteria and for certain purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) It is important for the State Water Resources Control Board to provide clear benchmarks for groundwater sustainability agencies (GSAs) to follow.
(b) These benchmarks will allow GSAs to understand exactly what is expected of them and provide a roadmap for how to address deficiencies and avoid a basin being designated as a probationary basin. subject to an interim plan.
(c) Additionally, GSAs should be provided with an acceptable pathway to work on their projects, which may include technical assistance or other forms of support to help them improve their groundwater management plans.
(d) It is important to note that many users rely on both groundwater and surface water, and it is critical that both are managed effectively.
(e) Users may be hesitant to invest time and resources into improving their plans if they are not provided with clear direction on what needs to be improved and how to do it.
(f) Therefore, in order to build trust and confidence in the management of these resources, the state board needs to provide clear guidance on how to improve groundwater management plans and projects.

SEC. 2.

 Section 10727.3 is added to the Water Code, to read:

10727.3.
 Any groundwater sustainability agency that hires a third-party consulting firm shall ensure that the integrity of the science being used to develop a groundwater sustainability plan is protected and the data is not sold.

SEC. 2.SEC. 3.

 Section 10735.6 of the Water Code is amended to read:

10735.6.
 (a) If the board designates a basin as a probationary basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, the board shall identify the specific deficiencies and identify potential actions to address the deficiencies. The board shall grant an 18-month grace period before the probationary basin designation becomes effective.
(b) In carrying out its duties under subdivision (a), the board shall do all of the following:
(1) Provide clear benchmarks and guidance for groundwater sustainability agencies to improve their groundwater management plans.
(2) (A) Work with stakeholders to develop the benchmarks for groundwater sustainability agencies to follow.
(B) The benchmarks shall provide specific guidance on what is expected of groundwater sustainability agencies, including how to address deficiencies and how to avoid being designated as a probationary basin.
(3) Collaborate with the department and other technical experts to provide groundwater sustainability agencies with technical assistance and support to help them improve their groundwater management plans and projects. This assistance may include workshops, training, and one-on-one consultations.
(4) Provide Identify funding opportunities to groundwater sustainability agencies that would help to improve their groundwater management plans and projects.
(5) Encourage collaboration between groundwater sustainability agencies and other stakeholders, including local governments, environmental groups, and water users in order to identify common goals and develop joint strategies to improve groundwater management.
(6) Provide regular updates to groundwater sustainability agencies and other stakeholders on the status of their groundwater management plans and projects. These updates shall include information on what improvements the board deems necessary.
(c) The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin at least one year after the designation of the basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, if the board, in consultation with the department, determines that a local agency has not remedied the deficiency that resulted in designating the basin a probationary basin.

SEC. 3.SEC. 4.

 Section 10736.7 is added to the Water Code, immediately following Section 10736.6, to read:

10736.7.
 (a) The Tule SubBasin Critical Facilities Subsidence Mitigation Fund is hereby established in the State Treasury. The fund shall be administered by the department. The Sustainable Groundwater Management Grant Program shall allocate at least fifty million dollars ($50,000,000) of the one hundred eighty million dollars ($180,000,000) appropriated for the Sustainable Groundwater Management Act implementation in Item 3860-101-0001 of Section 2.00 of the Budget Act of 2021 for a Critical Facilities Subsidence Mitigation subprogram.

(b)Upon appropriation by the Legislature, the sum of fifty million dollars ($50,000,000) shall be deposited into the fund.

(c)

(b) Moneys in the fund allocated for the Critical Facilities Subsidence Mitigation subprogram pursuant to subdivision (a) shall only be used for both of the following:
(1) Meeting legal and other obligations related to the mitigation of subsidence within the boundaries of a groundwater sustainability agency.
(2) Meeting any requirements of the board imposed on a groundwater sustainability agency.

(d)

(c) A groundwater sustainability agency shall meet all of the following conditions in order to receive moneys from the fund: Critical Facilities Subsidence Mitigation subprogram:
(1) The groundwater sustainability agency’s plans have been determined to be adequate.
(2) The groundwater sustainability agency serves disadvantaged communities.
(3) The groundwater sustainability agency provides justification to the department as to why the funds are needed.
(4) The Secretary of the Natural Resources Agency approves the application.

(e)

(d) Up to 2 percent of any funds received may be used by a groundwater sustainability agency for administrative costs.