Today's Law As Amended


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



As Amends the Law Today


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 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 may request the department to provide local agencies, within 90 days of the designation of a probationary basin, with technical recommendations to remedy the deficiencies. 
(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) 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.
(b) (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. 4.

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

10736.7.
 (a) 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) Moneys 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.
(c) A groundwater sustainability agency shall meet all of the following conditions in order to receive moneys from the 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.
(d) Up to 2 percent of any funds received may be used by a groundwater sustainability agency for administrative costs.