Groundwater: de minimis extractors: fees: exemption., the official text

An act to add Article 4.8 (commencing with Section 53759.5) to Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and to amend Section 10730 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes a groundwater sustainability agency to impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, and investigations, inspections, compliance assistance, enforcement, and program administration, as provided. Existing law prohibits a groundwater sustainability agency from imposing those fees on a de minimis extractor, as defined, unless the agency has regulated the user, as provided.
This bill would authorize a local government, including, but not limited to, a groundwater sustainability agency, that imposes a fee, levy, charge, or exaction for groundwater monitoring or management, upon making specified findings, to exempt de minimis extractors, including the above-described regulated users, from the payment of the fee, levy, charge, or exaction, as provided.

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

SECTION 1.
Article 4.8 (commencing with Section 53759.5) is added to Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, to read:
4.8.
De Minimis Extractors53759.5.
(a) For purposes of Article XIII C and Article XIII D of the California Constitution and this article, a local government, including, but not limited to, a groundwater sustainability agency, that imposes a fee, levy, charge, or exaction for groundwater monitoring or management may exempt de minimis extractors from paying the fee, levy, charge, or exaction upon making both of the following findings:
(1) The groundwater monitoring or management activities for which the fee, levy, charge, or exaction is imposed directly benefit parties other than de minimis extractors.
(2) Any benefits received by de minimis extractors as a consequence of providing the groundwater monitoring or management activities occur incidentally and without additional cost to the parties upon whom the fee, levy, charge, or exaction is imposed.
(b) For purposes of this section, “de minimis extractor” has the same meaning as in Section 10721 of the Water Code.
(c) This section is declaratory of existing law, and does not limit the ability of a local government to establish other exemptions from any fee, levy, charge, or exaction when otherwise permissible under Article XIII C or XIII D of the California Constitution.

SEC. 2.
Section 10730 of the Water Code is amended to read:
10730.
(a) A groundwater sustainability agency may impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, including, but not limited to, preparation, adoption, and amendment of a groundwater sustainability plan, and investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve. A groundwater sustainability agency shall not impose a fee pursuant to this subdivision on a de minimis extractor unless the agency has regulated the user pursuant to this part, and may exempt regulated de minimis extractors from payment of any fee in accordance with Section 53759.5 of the Government Code.
(b) (1) Before imposing or increasing a fee, a groundwater sustainability agency shall hold at least one 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 described in paragraph (1) 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 published pursuant to Section 6066 of the Government Code, posted on the internet website of the groundwater sustainability agency, and mailed to any interested party who files a written request with the agency for mailed notice of the meeting on new or increased fees. A written request for a mailed notice is valid for one year from the date that the request is made and may be renewed by making a written request on or before April 1 of each year.
(3) At least 20 days before the meeting, the groundwater sustainability agency shall make available to the public the data upon which the proposed fee is based.
(c) Any action by a groundwater sustainability 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 sustainability 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 collected for each parcel.
(e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law.