Bill Text: CA SB122 | 2009-2010 | Regular Session | Amended
Bill Title: Groundwater.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB122 Detail]
Download: California-2009-SB122-Amended.html
BILL NUMBER: SB 122 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Pavley
FEBRUARY 3, 2009
An act to amend Sections 44977, 44983, and 45196 of the
Education Code, relating to public school employees.
An act to add Part 2.11 (commencing with Section 10920) to Division 6
of, and to repeal and add Section 12924 of, the Water Code, relating
to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 122, as amended, Pavley. School employees: collective
bargaining: sick leave. Groundwater.
(1) Existing law authorizes a local agency whose service area
includes a groundwater basin that is not subject to groundwater
management to adopt and implement a groundwater management plan
pursuant to certain provisions of law. Existing law requires a
groundwater management plan to include certain components to qualify
as a plan for the purposes of those provisions, including a provision
that establishes funding requirements for the construction of
certain groundwater projects.
This bill would establish a groundwater monitoring program
pursuant to which specified entities, in accordance with prescribed
procedures, may propose to be designated by the Department of Water
Resources as groundwater monitoring entities, as defined, for the
purposes of monitoring and reporting with regard to groundwater
elevations in all or part of a basin or subbasin, as defined. The
bill would require the department to work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department. The bill
would authorize the department to make recommendations for improving
an existing monitoring program, require additional monitoring wells
under certain circumstances, and require the department, under
prescribed circumstances, to perform groundwater monitoring functions
for those portions of a basin or a subbasin for which no monitoring
entity has agreed to perform those functions under this program.
(2) Existing law requires the department to conduct an
investigation of the state's groundwater basins and to report its
findings to the Governor and the Legislature not later than January
1, 1980.
This bill would repeal that provision. The department would be
required to conduct an investigation of the state's groundwater
basins and to report its findings to the Governor and the Legislature
not later than January 1, 2012, and every 5 years thereafter.
Existing law gives public school employees the right to form,
join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters
of employer-employee relations and requires public school employers
to meet and confer in good faith regarding wages, hours, and other
terms and conditions of employment with representatives of recognized
employee organizations. Existing law provides that the law governing
meeting and negotiating in public educational employment does not
supersede other provisions of the Education Code and the rules and
regulations of public school employers that provide for other methods
of administering employer-employee relations, so long as the rules
and regulations or other methods of the public school employer do not
conflict with lawful collective bargaining agreements.
The Education Code contains provisions governing sick leave for
employees serving in positions requiring certification qualifications
who have exhausted all available sick leave and continue to be
absent on account of illness or accident for an additional 5 school
months and for employees in the classified service who are absent on
account of illness or accident for 5 months or less.
This bill, notwithstanding any other provisions of law, would
authorize a school district to meet and negotiate with the exclusive
representative of its certificated employees regarding the sick leave
compensation for the employees in the situation described above and
would authorize a school district to reach an agreement on an
alternative benefit program in place of the program described in
code.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 2.11 (commencing with Section
10920) is added to Division 6 of the Water Code
, to read:
PART 2.11. GROUNDWATER MONITORING
CHAPTER 1. GENERAL PROVISIONS
10920. (a) It is the intent of the Legislature that on or before
January 1, 2012, groundwater elevations in all groundwater basins and
subbasins be regularly and systematically monitored locally and that
the resulting groundwater information be made readily and widely
available.
(b) It is the intent of the Legislature that, if local groundwater
interests are unable or unwilling to perform the monitoring
functions described in this part, the department shall assume those
monitoring functions and the department shall recover its costs for
conducting the necessary monitoring from the local groundwater users.
(c) It is further the intent of the Legislature that the
department continue to maintain its current network of monitoring
wells, including groundwater elevation and groundwater quality
monitoring wells, and that the department continue to coordinate
monitoring with local entities.
10921. This part does not require the monitoring of groundwater
elevations in an area that is not within a basin or subbasin.
10922. This part does not expand or otherwise affect the powers
or duties of the department relating to groundwater beyond those
expressly granted by this part.
CHAPTER 2. DEFINITIONS
10925. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this part.
(a) "Basin" or "subbasin" means a groundwater basin or subbasin
identified and defined in the department's Bulletin No. 118.
(b) "Bulletin No. 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, or as it
may be subsequently updated or revised in accordance with Section
12924.
(c) "Monitoring entity" means a party conducting or coordinating
the monitoring of groundwater elevations pursuant to this part.
(d) "Monitoring functions" and "groundwater monitoring functions"
means the monitoring of groundwater elevations, the reporting of
those elevations to the department, and other related actions
required by this part.
(e) "Monitoring groundwater elevations" means monitoring
groundwater elevations, coordinating the monitoring of groundwater
elevations, or both.
(f) "Voluntary cooperative groundwater monitoring association"
means an association formed for the purposes of monitoring
groundwater elevations pursuant to Section 10935.
CHAPTER 3. GROUNDWATER MONITORING PROGRAM
10927. Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a part
of a basin or subbasin in accordance with this part:
(a) A watermaster or water management engineer appointed by a
court or pursuant to statute to administer a final judgment
determining rights to groundwater.
(b) (1) A groundwater management agency with statutory authority
to manage groundwater pursuant to its principle act that is
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.
(c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1, 2010,
or a local agency or county that is managing all or part of a
groundwater basin or subbasin pursuant to any other legally
enforceable groundwater management plan with provisions that are
substantively similar to those described in that part and that was
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water management
plan prepared pursuant to Part 2.2 (commencing with Section 10530)
that includes a groundwater management component that complies with
the requirements of Section 10753.7.
(e) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).
(f) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.
(g) The department pursuant to Section 10934.
10928. (a) Any entity described in subdivision (a) or (b) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
on or before January 1, 2011. The notification shall include all of
the following information:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) A map showing the area for which the entity is requesting to
perform the groundwater monitoring functions.
(4) A statement that the entity will comply with all of the
requirements of this part.
(b) Any entity described in subdivision (c), (d), (e), or (f) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
by January 1, 2011. The information provided in the notification
shall include all of the following:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) For entities that seek to qualify pursuant to subdivision (c)
or (d) of Section 10927, the notification shall also include a copy
of the current groundwater management plan or the groundwater
component of the integrated regional water management plan, as
appropriate.
(4) For entities that seek to qualify pursuant to subdivision (f)
of Section 10927, the notification shall include a statement of
intention to meet the requirements of Section 10935.
(5) A map showing the area for which the entity is proposing to
perform the groundwater monitoring functions.
(6) A statement that the entity will comply with all of the
requirements of this part.
(7) A statement describing the ability and qualifications of the
entity to conduct the groundwater monitoring functions required by
this part.
(c) The department may request additional information that it
deems necessary for the purposes of determining the area that is
proposed to be monitored or the qualifications of the entity to
perform the groundwater monitoring functions.
10929. (a) (1) The department shall review all notifications
received pursuant to Section 10928.
(2) Upon the receipt of a notification pursuant to subdivision (a)
of Section 10928, the department shall verify that the notifying
entity has the appropriate authority under subdivision (a) or (b) of
Section 10927.
(3) Upon the receipt of a notification pursuant to subdivision (b)
of Section 10928, the department shall do both of the following:
(A) Verify that each notification is complete.
(B) Assess the qualifications of the notifying party.
(b) If the department has questions about the completeness or
accuracy of a notification, or the qualifications of a party, the
department shall contact the party to resolve any deficiencies. If
the department is unable to resolve the deficiencies, the department
shall notify the party in writing that the notification will not be
considered further until the deficiencies are corrected.
(c) If the department determines that more than one party seeks to
become the monitoring entity for the same portion of a basin or
subbasin, the department shall consult with the interested parties to
determine which party will perform the monitoring functions. In
determining which party will perform the monitoring functions under
this part, the department shall follow the order in which entities
are identified in Section 10927.
(d) The department shall advise each party on the status of its
notification within three months of receiving the notification.
10930. Upon completion of each review pursuant to Section 10929,
the department shall do both of the following if it determines that a
party will perform monitoring functions under this part:
(a) Notify the party in writing that it is a monitoring entity and
the specific portion of the basin or subbasin for which it shall
assume groundwater monitoring functions.
(b) Post on the department's Internet Web site information that
identifies the monitoring entity and the portion of the basin or
subbasin for which the monitoring entity will be responsible.
10931. (a) The department shall work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department pursuant
to this part. In determining what information should be reported to
the department, the department shall defer to existing monitoring
programs if those programs result in information that demonstrates
seasonal and long-term trends in groundwater elevations. The
department shall collaborate with the State Department of Public
Health to ensure that the information reported to the department will
not result in the inappropriate disclosure of the physical address
or geographical location of drinking water sources, storage
facilities, pumping operational data, or treatment facilities.
(b) (1) For the purposes of this part, the department may
recommend improvements to an existing monitoring program, including
recommendations for additional monitoring wells.
(2) The department may not require additional monitoring wells
unless funds are provided for that purpose.
10932. Monitoring entities shall commence monitoring and
reporting groundwater elevations pursuant to this part on or before
January 1, 2012.
10933. (a) On or before January 1, 2012, the department shall
commence to identify the extent of monitoring of groundwater
elevations that is being undertaken within each basin and subbasin.
(b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:
(1) The population overlying the basin or subbasin.
(2) The rate of current and projected growth of the population
overlying the basin or subbasin.
(3) The number of public supply wells that draw from the basin or
subbasin.
(4) The total number of wells that draw from the basin or
subbasin.
(5) The irrigated acreage overlying the basin or subbasin.
(6) The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.
(7) Any documented impacts on the groundwater within the basin or
subbasin, including overdraft, subsidence, saline intrusion, and
other water quality degradation.
(8) Any other information determined to be relevant by the
department.
(c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the department
shall do all of the following:
(1) Attempt to contact all well owners within the area not being
monitored.
(2) Determine if there is an interest in establishing any of the
following:
(A) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).
(B) An integrated regional water management plan pursuant to Part
2.2 (commencing with Section 10530) that includes a groundwater
management component that complies with the requirements of Section
10753.7.
(C) A voluntary groundwater monitoring association pursuant to
Section 10935.
(d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.
(e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and if
the county decides not to perform the groundwater monitoring and
reporting functions of this part, the department shall do all of the
following:
(1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any other
state or federal agency.
(2) Determine whether the monitoring wells identified pursuant to
paragraph (1) provide sufficient information to demonstrate seasonal
and long-term trends in groundwater elevations.
(3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater monitoring
functions pursuant to Section 10934.
(4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, and the State Mining and Geology Board concurs with that
determination, the department shall perform groundwater monitoring
functions pursuant to Section 10934.
10934. (a) Consistent with Section 10933, the department shall
perform the groundwater monitoring functions for those portions of a
basin or subbasin for which no monitoring entity has agreed to
perform the groundwater monitoring functions.
(b) Upon determining that it is required to perform groundwater
monitoring functions, the department shall notify both of the
following entities that it is forming the groundwater monitoring
district:
(1) Each well owner within the affected area.
(2) Each county that contains all or a part of the affected area.
(c) The department shall impose a charge on each well owner for
its share of the costs of the department to perform the groundwater
monitoring required under this part.
(d) The department shall not assess a fee or charge to recover the
costs for carrying out its power and duties under this part except
as provided in subdivision (c).
(e) The department may establish regulations to implement this
section.
10935. (a) A voluntary cooperative groundwater monitoring
association may be formed for the purposes of monitoring groundwater
elevations in accordance with this part. The association may be
established by contract, a joint powers agreement, a memorandum of
agreement, or other form of agreement deemed acceptable by the
department.
(b) Upon notification to the department by one or more entities
that seek to form a voluntary cooperative groundwater monitoring
association, the department shall work cooperatively with the
interested parties to facilitate the formation of the association.
(c) The contract or agreement shall include all of the following:
(1) The names of the participants.
(2) The boundaries of the area covered by the agreement.
(3) The name or names of the parties responsible for meeting the
requirements of this part.
(4) The method of recovering the costs associated with meeting the
requirements of this part.
(5) Other provisions that may be required by the department.
SEC. 2. Section 12924 of the Water Code
is repealed.
12924. (a) The department shall, in conjunction with other public
agencies, conduct an investigation of the state's groundwater
basins. The department shall identify the state's groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within such basins to
the extent necessary to identify basins which are subject to critical
conditions of overdraft.
(b) The department shall report its findings to the Governor and
the Legislature not later than January 1, 1980.
SEC. 3. Section 12924 is added to the
Water Code , to read:
12924. (a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state's groundwater
basins. The department shall identify the state's groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within such basins to
the extent necessary to identify basins that are subject to critical
conditions of overdraft.
(b) The department shall report its findings to the Governor and
the Legislature not later than January 1, 2012, and thereafter in
years ending in 5 and 0.
SECTION 1. Section 44977 of the Education Code
is amended to read:
44977. (a) During each school year, when a person employed in a
position requiring certification qualifications has exhausted all
available sick leave, including all accumulated sick leave, and
continues to be absent from his or her duties on account of illness
or accident for an additional period of five school months, whether
or not the absence arises out of or in the course of the employment
of the employee, the amount deducted from the salary due him or her
for any of the additional five months in which the absence occurs
shall not exceed the sum that is actually paid a substitute employee
employed to fill his or her position during his or her absence or, if
no substitute employee was employed, the amount that would have been
paid to the substitute had he or she been employed. The school
district shall make every reasonable effort to secure the services of
a substitute employee.
(b) For purposes of subdivision (a):
(1) The sick leave, including accumulated sick leave, and the
five-month period shall run consecutively.
(2) An employee shall not be provided more than one five-month
period per illness or accident. However, if a school year terminates
before the five-month period is exhausted, the employee may take the
balance of the five-month period in a subsequent school year.
(c) The governing board of every school district shall adopt a
salary schedule for substitute employees. The salary schedule shall
indicate a salary for a substitute for all categories or classes of
certificated employees of the district.
(d) Excepting in a school district the governing board of which
has adopted a salary schedule for substitute employees of the
district, the amount paid the substitute employee during any month
shall be less than the salary due the employee absent from his or her
duties.
(e) When a person employed in a position requiring certification
qualifications is absent from his or her duties on account of illness
for a period of more than five school months, or when a person is
absent from his or her duties for a cause other than illness, the
amount deducted from the salary due him or her for the month in which
the absence occurs shall be determined according to the rules and
regulations established by the governing board of the school
district. The rules and regulations shall not conflict with rules and
regulations of the state board.
(f) (1) This section does not deprive a school district, city, or
city and county of the right to make any reasonable rule for the
regulation of accident or sick leave or cumulative accident or sick
leave without loss of salary for persons acquiring certification
qualifications.
(2) Notwithstanding this section or any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section.
(g) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the governing
board of the employing district.
SEC. 2. Section 44983 of the Education Code is
amended to read:
44983. (a) Section 44977 shall not apply to a school district
that adopts and maintains in effect a rule that provides that when a
person employed in a position requiring certification qualifications
is absent from his duties on account of illness or accident for a
period of five school months or less whether or not the absence
arises out of or in the course of the employment of the employee, he
shall receive 50 percent or more of his regular salary during the
period of the absence and Section 44977 shall not be construed as
preventing the governing board of a school district from adopting the
rule.
(b) Notwithstanding the foregoing, when a person employed in a
position requiring certification qualifications is absent from his
duties on account of illness for a period of more than five school
months, or when a person is absent from his duties for a cause other
than illness, the amount deducted from the salary due him for the
month in which the absence occurs shall be determined according to
the rules and regulations established by the governing board of the
district. The rules and regulations shall not conflict with rules and
regulations of the state board.
(c) (1) This section does not deprive a school district, city, or
city and county of the right to make any reasonable rule for the
regulation of accident or sick leave or cumulative accident or sick
leave without loss of salary for persons requiring certification
qualifications.
(2) Notwithstanding this section and any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section.
(3) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the governing
board of the employing school district.
SEC. 3. Section 45196 of the Education Code is
amended to read:
45196. (a) When a person employed in the classified service is
absent from his duties on account of illness or accident for a period
of five months or less, whether or not the absence arises out of or
in the course of employment of the employee, the amount deducted from
the salary due him for any month in which the absence
occurs shall not exceed the sum that
is actually paid a substitute employee employed to fill his position
during his absence.
(b) Except in a school district the governing board of which has
adopted a salary schedule for substitute employees of the district,
the amount paid the substitute employee during a month shall be less
than the salary due the employee absent from his duties.
(c) Entitlement to sick leave provisions under this section, if
any, shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under the provisions of Section 45192
if the absence is for industrial accident or illness and shall be
used after entitlement to all regular sick leave, accumulated
compensating time, vacation, or other available paid leave has been
exhausted.
(d) Subdivisions (a), (b), and (c) shall not apply to a school
district that adopts and maintains in effect a rule that provides
that a regular classified employee shall once a year be credited with
a total of not less than 100 working days of paid sick leave,
including days to which he is entitled under Section 45191. These
days of paid sick leave in addition to those required by Section
45191 shall be compensated at not less than 50 percent of the
employee's regular salary. The paid sick leave authorized under the
rule shall be exclusive of any other paid leave, holidays, vacation,
or compensating time to which the employee may be entitled. This
section does not preclude the governing board from adopting that
rule.
(e) Notwithstanding this section and any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section or
a rule adopted by the governing board of the school district.
