Environment
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.