North Fork Kings Groundwater Sustainability Agency: lien authority.

Plain English Breakdown

The bill summary and digest do not provide specific details on how liens are extended beyond the initial 10-year period, nor do they specify limits on civil penalties or the process for releasing a lien.

North Fork Kings Groundwater Sustainability Agency: Lien Authority

This legislation gives the North Fork Kings Groundwater Sustainability Agency the authority to impose civil penalties and create liens on property for unpaid water charges or penalties.

What This Bill Does

• Gives the agency authority to charge civil penalties when someone extracts more groundwater than allowed by rules set by the agency.
• Allows the agency to file a certificate with the county recorder if unpaid water charges or penalties remain outstanding.
• Makes unpaid amounts, including interest and penalties, become a lien on real property owned by the person who owes money.
• Ensures that this lien has the same force as a judgment lien and lasts for 10 years unless released earlier.
• Permits the agency to extend the lien if necessary.

Who It Names or Affects

• The North Fork Kings Groundwater Sustainability Agency
• People who extract groundwater in excess of their allowed amount

Terms To Know

lien

A legal claim on property to secure the payment of a debt or charge.

civil penalties

Fines imposed by an agency for breaking rules or regulations.

Limits and Unknowns

• The bill does not specify how liens are extended beyond the initial 10-year period.
• It is unclear if there are limits on the amount of civil penalties that can be charged.
• The exact process for releasing or discharging a lien is not detailed in this legislation.

Official Summary Text

SB 997, as introduced, Caballero.
North Fork Kings Groundwater Sustainability Agency: lien authority.
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. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin. The act deems certain agencies created by statute to manage groundwater the exclusive local agencies within their respective statutory boundaries with powers to comply with the act and authorizes these agencies to opt out of being the exclusive groundwater management agency.
Existing law establishes the North Fork Kings Groundwater Sustainability Agency, requires the agency to be a
groundwater sustainability agency under the Sustainable Groundwater Management Act for that portion of the Kings Subbasin that lies within the boundaries of the agency, and requires the agency to develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within the territory of the agency. Existing law generally specifies the powers of the agency, including the power 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.
This bill would authorize the agency to impose civil penalties on any person who extracts groundwater in excess of the amount that person is authorized to extract under a rule, regulation, ordinance, or resolution adopted by the agency. If any charges for water and other services, or civil penalties imposed by the agency pursuant to its authority, remain unpaid, the bill would
authorize the amount of unpaid charges or penalties, in the discretion of the agency, to be secured at any time by filing for record in the office of the county recorder of any county a certificate specifying the amount of the charges or penalties and the name and address of the person liable for the charges. The bill would require that, from the time of recordation of the certificate, the amount required to be paid together with interest and penalties would constitute a lien upon all real property in the county owned by the person or afterwards, and before the lien expired, acquired by that person. The bill would require that the lien has the force, priority, and effect of a judgment lien, and that the lien shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The bill would also authorize the lien to be extended, as provided.

Current Bill Text

Download Bill PDF