Legis
Environment
AB 2728, Chapter 963, Statutes of 2026 · Wednesday 30 September 2026

Groundwater: de minimis extractors: fees: exemption

Local governments may exempt small groundwater users from monitoring and management charges when others directly benefit.

The law clarifies that de minimis extractors can be excluded from groundwater-related fees if their benefits are only incidental and do not add costs for paying parties.

What the law does ​

  • Allows local governments, including groundwater sustainability agencies, to exempt de minimis extractors from fees, levies, charges, and exactions for groundwater monitoring or management.
  • Requires findings that the activities directly benefit other parties and that any benefit to exempt small extractors is incidental and creates no added cost for those charged.
  • Allows groundwater sustainability agencies to exempt regulated de minimis extractors from their program fees under these conditions.
  • Preserves local governments' authority to create other legally permissible fee exemptions.

Who it affects ​

  • De minimis groundwater extractors, including those regulated by a groundwater sustainability agency.
  • Local governments and groundwater sustainability agencies that charge for groundwater monitoring or management.
  • Parties that pay groundwater monitoring, management, or sustainability-program fees.

Context ​

A groundwater sustainability agency generally cannot charge a de minimis extractor unless it regulates that user.