Bill Text: CA AB2079 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Groundwater extraction: large-diameter, high-capacity water wells: permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-11 - In committee: Set, first hearing. Failed passage. [AB2079 Detail]

Download: California-2023-AB2079-Amended.html

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Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2079

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Introduced by Assembly Member Bennett

February 05, 2024

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An act to amend Section 10735.4 of add Article 5 (commencing with Section 13807) to Chapter 10 of Division 7 of the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL'S DIGEST

AB 2079, as amended, Bennett. Sustainable Groundwater Management Act: groundwater basins. Groundwater extraction: large-diameter, high-capacity wells: permits.

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided.

Existing law requires the State Water Resources Control Board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing certain standards for water well construction, maintenance, and abandonment and requires each county, city, or water agency, where appropriate, not later than January 15, 1990, to adopt a water well, cathodic protection well, and monitoring well drilling and abandonment ordinance that meets or exceeds certain standards. Under existing law, if a county, city, or water agency, where appropriate, fails to adopt an ordinance establishing water well, cathodic protection well, and monitoring well drilling and abandonment standards, the model ordinance adopted by the state board is required to take effect on February 15, 1990, and is required to be enforced by the county or city and have the same force and effect as if adopted as a county or city ordinance.

This bill would require a local enforcement agency, as defined, to perform specified activities at least 30 days before determining whether to approve a permit for a new large-diameter, high-capacity well, as defined. By imposing additional requirements on a local enforcement agency, the bill would impose a state-mandated local program. The bill would require a groundwater sustainability agency with oversight for the area of the basin where the local enforcement agency has well permitting jurisdiction to provide specified information to the local enforcement agency, including, but not limited to, the name of the applicable groundwater sustainability agency, the agency manager and contact information, and the applicable sustainable management criteria related to groundwater levels, including the groundwater level measurable objectives and minimum thresholds. The bill would provide various requirements for the local enforcement agency to consider before approving or denying a permit. The bill would provide exemptions for its provisions for specified wells if they are proposed to be constructed with well screens and pump depths below the applicable minimum thresholds for groundwater levels as reported by the groundwater sustainability agency. The bill would provide that its provisions apply only to applications for permits for the construction, maintenance, abandonment, or destruction of water wells in basins identified in the Department of Water Resources Bulletin 118.

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 no reimbursement is required by this act for a specified reason.

Existing law, the Sustainable Groundwater Management Act, authorizes the State Water Resources Control Board to designate a groundwater basin as a probationary basin if the state board makes a certain determination and to develop an interim plan for the probationary basin. The act requires that a local agency or groundwater sustainability agency have 180 days to remedy the deficiency if the board designates the basin as a probationary basin.

This bill would make nonsubstantive changes to the latter provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 Article 5 (commencing with Section 13807) is added to Chapter 10 of Division 7 of the Water Code, to read:

Article  5. Well Sustainability

13807.

 This article shall apply only to applications for permits for the construction, maintenance, abandonment, or destruction of water wells in basins identified in the Department of Water Resources Bulletin 118.

13807.5.

 The Legislature finds and declares all of the following:

(a) The groundwater extraction from large-diameter, high-capacity wells can interfere with nearby drinking water wells and result in impacts to critical infrastructure from subsidence.

(b) It is in the public interest to ensure that the permitting of new wells extracting groundwater will be conducted to minimize the impacts to drinking water wells and subsidence.

(c) Sustainable groundwater management in many parts of the state requires coordination between local agencies permitting water wells and groundwater sustainability agencies managing groundwater basins.

(d) People, businesses, and industries seeking to construct or operate water wells should be adequately informed about groundwater conditions and groundwater management programs that may affect the current or future use and operation of their wells.

(e) Applicants seeking, and agencies permitting, the construction and operation of water wells should take into account the reliability and sustainability of the groundwater sources intended to be used to avoid unexpected or unplanned well dewatering or loss of well production capacity, which could lead to higher rates of unexpected, unplanned, or premature well abandonment and dereliction that could pose additional threats to groundwater quality.

(f) Agencies permitting for the construction and operation of water wells should consider the potential for those wells to cause or contribute to land subsidence, which can have impacts on water quality by adversely affecting the concentration of naturally or artificially occurring chemical constituents of concern and posing other serious public health and economic problems.

13808.

 The following definitions shall apply to this article:

(a) “Large-diameter, high-capacity well” means any water well with a diameter of more than eight inches and intended to produce greater than two acre-feet annually.

(b) “Local enforcement agency” means any city, county, or water agency that has adopted and is administering an ordinance for the construction, maintenance, abandonment, or destruction of a water well pursuant to this chapter.

13808.5.

 (a) A local enforcement agency shall perform all of the following activities at least 30 days before determining whether to approve a permit for a new large-diameter, high-capacity well:

(1) Provide electronic notice to the general public by posting notice of receipt of the application and the contents of the application on the local enforcement agency’s internet website.

(2) Provide notice to all groundwater sustainability agencies managing within a 10-mile radius of a proposed well, including those in adjacent basins or counties, as applicable.

(3) Provide notice to all other local enforcement agencies, if any, administering well permitting programs within the basin in which the activities covered in the application would occur.

(4) Provide written notice through the United States Postal Service to the registered owners or agents of all parcels within a one-mile radius of the site where the activities covered in the application would occur and any relevant information on the well permitting process.

(b) The groundwater sustainability agency with oversight for the area of the basin where the local enforcement agency has well permitting jurisdiction shall provide all of the following information to the local enforcement agency:

(1) The name of the applicable groundwater sustainability plan being implemented and where an electronic copy of the plan may be accessed.

(2) The name of the applicable groundwater sustainability agency, the agency manager and contact information, and the applicable sustainable management criteria related to groundwater levels, including the groundwater level measurable objectives and minimum thresholds.

(3) The estimated depth to the groundwater level based on the most recent monitoring conducted by the groundwater sustainability agency for the area of the basin where the proposed activities covered by the application would occur.

(4) Any fees, allocation, metering, spacing determinations, or other regulations or ordinances that the groundwater sustainability agency has adopted.

(5) Any updates to the information provided pursuant to this subdivision as necessary, should changes occur.

(c) Before approving any well permit for a large-diameter, high-capacity well, a local enforcement agency shall provide all of the following information to the applicant:

(1) The basin name, number, and priority as assigned by the department in its most recent Bulletin 118.

(2) The name of all groundwater sustainability agencies, if any, managing the basin in which the activities covered in the application would occur.

(3) Information on regulations or ordinances adopted by the groundwater sustainability agency relevant to the construction and operation of the proposed well.

(4) Notice to the applicant that the approval of the application and granting of any associated permit is subject to the regulatory authority of any groundwater sustainability agency managing the portion of the basin in which the activities covered in the application would occur. The notice shall specifically inform the applicant that in addition to any regulatory authority already being exercised, a groundwater sustainability agency may exercise authority to limit groundwater extraction, the imposition of fees, and metering.

13809.

 (a) A local enforcement agency shall not approve a permit for a large-diameter, high-capacity well if that well is proposed to be located within one-quarter mile of a well used for supplying domestic water to one or more persons or to a community.

(b) (1) A local enforcement agency shall not approve a permit for a large-diameter, high-capacity well if that well is proposed to be located within one-quarter mile of an area that has subsided greater than 0.5 feet in total since January 1, 2015, as reported and defined by the department based upon provided InSAR subsidence data report posted on the Natural Resources Agency open data portal and department internet websites.

(2) A local enforcement agency may approve a permit for a large-diameter, high-capacity well if the area identified in paragraph (1) has not had subsidence of over 0.1 feet for four consecutive years, is consistent with the local groundwater sustainability plan, and is screened above geologic units known to be susceptible to compaction.

(c) A local enforcement agency shall not approve a permit for any well unless that well is screened below the minimum thresholds applicable to that portion of the basin as established by the groundwater sustainability agency pursuant to paragraph (2) of subdivision (b) of Section 13808.5.

(d) To ensure the reliability and long-term operation of wells within its jurisdiction, a local enforcement agency may determine not to approve an application or grant a permit based on criteria that are more stringent than those provided in this section.

13809.5.

 This article does not apply to applications or permits for the following wells if they are proposed to be constructed with well screens and pump depths below the applicable minimum thresholds for groundwater levels as reported by the groundwater sustainability agency pursuant to paragraph (2) of subdivision (b) of Section 13808.5 or otherwise provided to the local enforcement agency by the groundwater sustainability agency:

(a) Wells that will draw less than two acre-feet per acre.

(b) Wells that will be located on a parcel of five acres or fewer that is in an area that has been zoned by the local land use authority for rural residential use.

(c) Public supply wells or state small or community water systems.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 10735.4 of the Water Code is amended to read:

10735.4.

(a)If the board designates a basin a probationary basin pursuant to paragraph (1), (2), or (4) of subdivision (a) of Section 10735.2, a local agency or groundwater sustainability agency shall have 180 days to remedy 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 remedy the deficiency.

(b)After the 180-day period provided by subdivision (a), the board may provide additional time to remedy the deficiency if it finds that a local agency is making substantial progress toward remedying the deficiency.

(c)The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin at the end of the period provided by subdivision (a) or any extension provided pursuant to subdivision (b), 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.