California 2013-2014 Regular Session Status: Passed Senate

SB 757 — Groundwater management.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Re-referred to Com. on RLS. pursuant to Assembly Rule 97.

  4. Ordered to third reading.

  5. Read third time and amended. (Page 6346.)

  6. Ordered to third reading.

  7. From inactive file.

  8. Notice of intention to remove from inactive file given by Assembly Member V. Manuel Pérez.

  9. Ordered to inactive file on request of Assembly Member Atkins.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 13. Noes 0.) (August 13).

  12. Referred to Com. on B.,P. & C.P.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 36. Noes 1. Page 1195.) Ordered to the Assembly.

  15. Ordered to third reading.

  16. From special consent calendar.

  17. Ordered to special consent calendar.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 10. Noes 0. Page 639.) (April 22).

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  21. Set for hearing April 22.

  22. Hearing postponed by committee.

  23. Set for hearing April 15.

  24. Referred to Com. on B., P. & E.D.

  25. Read first time.

  26. From printer. May be acted upon on or after March 26.

  27. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 0001
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Skinner — Yea
Campos — Yea
Gordon — Yea
Hagman — Yea
Bocanegra — Yea
Bonilla — Yea
Holden — Yea
Maienschein — Yea
Eggman — Yea
Mullin — Yea
Ting — Yea
Wilk — Yea
Dickinson — Yea
Jones, Brian W. Republican Not Voting

Official roll call →

3rd Reading

Passed 36 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33102
Democratic 3000
Total 36102
% of votes cast 92%3%0%5%
How each member voted (39)
Member Party Vote
Block — Yea
Hill — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Fuller — Yea
Beall — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Nielsen — Yea
Torres — Yea
Walters — Yea
Wyland — Yea
De León — Not Voting
Cannella — Yea
Hancock — Yea
Lara — Not Voting
Anderson — Nay
Corbett — Yea
Price — Yea
Wolk — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Hernandez — Yea
Emmerson — Yea
Wyland — Yea
Galgiani — Yea
Hill — Yea
Block — Yea
Corbett — Yea
Price — Yea
Yee — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety environment agriculture
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Frequently asked questions

What does SB 757 do?
(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.
Who sponsors SB 757?
SB 757 is sponsored by Bill Berryhill.
What is the current status of SB 757?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 757?
Track SB 757 free on One Click Politics — get push/email alerts when it moves.

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