AB 568: Tule East Groundwater Sustainability Agency Act.
The bill aims to create the Tule East Groundwater Sustainability Agency to manage groundwater in a designated area. The agency will develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within its territory. The agency's boundaries can be adjusted, and it will elect to be a groundwater sustainability agency under the existing law. The agency's board of directors will consist of five members chosen according to specified criteria. The agency will have powers to comply with the existing law and will be deemed the exclusive local agency for its designated area. The bill also makes legislative findings and declarations regarding the necessity of a special statute for the Tule subbasin.
| Mar. 09, 2026 | Ordered to inactive file at the request of Assembly Member Macedo. |
| Sep. 10, 2025 | From committee: That the Senate amendments be concurred in. (Ayes 13. Noes 0.) (September 10). |
| Sep. 04, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2501.). |
| Sep. 04, 2025 | Re-referred to Com. on W. P., & W. pursuant to Assembly Rule 77.2. |
| Sep. 04, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Amended IN Senate July 18, 2025 |
| Amended IN Senate June 24, 2025 |
| Amended IN Assembly May 23, 2025 |
| Amended IN Assembly March 27, 2025 |
| Introduced by Assembly Member Macedo |
February 12, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 10723 of the Water Code is amended to read:10723.
(a) Except as provided in subdivision (c), any local agency or combination of local agencies overlying a groundwater basin may decide to become a groundwater sustainability agency for that basin.SEC. 2.
This act shall be known and may be cited as the Tule East Groundwater Sustainability Agency Act.Article 1. Findings and Declarations
101.
The Legislature hereby finds and declares that the preservation of the groundwater resources within the territory of the agency is in the public interest and that the creation of the agency pursuant to this act is for the common benefit.102.
The Legislature further finds and declares that the groundwater management activities of the agency benefit all operators of groundwater extraction facilities within the territory of the agency.103.
The Legislature further finds and declares that circumstances in the territory of the agency to be formed hereby, which may not exist in other locations, justify the formation of the agency and the grant of powers contained in this act.Article 2. Creation and Purposes
201.
(a) A groundwater management agency is hereby created in the County of Tulare to be known as the Tule East Groundwater Sustainability Agency.Article 3. Boundaries
301.
For purposes of this act, the initial boundaries of the agency shall include the following:302.
(a) The initial boundaries may be changed upon action by the agency’s board of directors after a noticed public hearing withArticle 4. Definitions
401.
Unless otherwise indicated by their context, the definitions set forth in this article govern the interpretation of this act.402.
“Agency” means the Tule East Groundwater Sustainability Agency established by this act.403.
“Aquifer” means a geologic formation or structure that transmits water in sufficient quantities to supply pumping wells or springs.404.
“Basin” has the same meaning as defined in Section 10721 of the Water Code.405.
“Board” means the board of directors of the agency, as more particularly described in Section 501.406.
“Coordination agreement” has the same meaning as defined in Section 10721 of the Water Code.407.
“County” means the County of Tulare.408.
“Ducor” means the Ducor Water District.409.
“Extraction” means the act of obtaining groundwater by pumping or other controlled means.410.
“Groundwater” has the same meaning as defined in Section 10721 of the Water Code.411.
“Groundwater management activities” means programs, projects, measures, or actions taken to preserve, protect, and enhance groundwater resources within the territory of the agency.412.
“Hope” means the Hope Water District.413.
“Member agency” means the Hope Water District, the Ducor Water District, the County of Tulare, and the entities entitled to representation on the agency’s board of directors as specified in Section 501.414.
“Operator” has the same meaning as defined in Section 10721 of the Water Code.415.
“Person” has the same meaning as defined in Section 10735 of the Water Code.416.
“Plan” means a groundwater sustainability plan prepared by the agency pursuant to this act.“Supplemental water” means surface water or groundwater imported from outside the watershed or watersheds of the basin or aquifer and floodwaters that are conserved and saved within the watershed or watersheds that would otherwise have been lost or would not have reached the basin or aquifer.
418.417.
Article 5. General Provisions
501.
(a) The agency shall be governed by a board of directors that shall consist of five members, as follows:502.
(a) The members described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 501 shall serve for a four-year term of office, or until the member is no longer an eligible official of the member agency. These members may serve for more than one term of office.503.
(a) The board may adopt an ordinance to provide compensation to members of the board in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a member of the board by request of the board. For purposes of this section, the determination of whether a board member’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.504.
(a) The board may adopt resolutions, policies, rules, and regulations for the purpose of regulating, conserving, managing, and controlling the use and extraction of groundwater within the territory of the agency.505.
No provision of this act shall be construed as denying to the county, Hope, or Ducor, or any other member agency any rights or powers that they already have or that they may be granted.506.
The agency may contract with the county for staff and other services. The agency may hire contractors, consultants, and legal counsel as it considers appropriate.507.
The agency shall enter into a coordination agreement with other local agencies for purposes of coordinating the agency’s plan with other agencies or groundwater sustainability plans within the Tule Subbasin as required by the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).508.
The agency may exclude from any of the requirements of this act, or the operation of any resolution, policy, rule, or regulation, any operator who annually extracts less than a minimum amount of groundwater as specified by a resolution adopted by the board.Article 6. Studies and Investigations
601.
The agency may collect data and conduct technical and other investigations of all kinds in order to carry out the provisions of this act. All hydrological investigations and studies carried out by or on behalf of the agency shall be constructed by or under the supervision of licensed engineers or other persons qualified in groundwater geology or hydrology.602.
The agency may recommend and encourage water recycling and other water development projects, where those projects will enhance and contribute to the responsible management of groundwater resources, as part of its annual plan for implementation of groundwater management objectives.Article 7. Sustainable Groundwater Management Powers
701.
The agency shall develop and implement a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) of Part 2.74 of Division 6 of the Water Code to achieve sustainable groundwater management within the territory of the agency.702.
The agency shall elect to be a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) of Part 2.74 of Division 6 of the Water Code for that portion of the Tule Subbasin that lies within the boundaries of the agency.703.
The agency may exercise any of the powers described in Chapter 5 (commencing with Section 10725) of Part 2.74 of Division 6 of the Water Code and the enforcement powers described in Chapter 9 (commencing with Section 10732) of Part 2.74 of Division 6 of the Water Code.The availability of supplemental water to any operator shall not subject that operator to regulations by the agency that are more restrictive than those imposed on other operators.
Article 8. Fee Authority
801.
Pursuant to Chapter 8 (commencing with Section 10730) of Part 2.74 of Division 6 of the Water Code, the agency may 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, that include, but are not limited to, the preparation, adoption, and amendment of a groundwater sustainability plan, investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve.Article 9. Miscellaneous
901.
In the event of any conflict between this act and the provisions of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), the provisions of the Sustainable Groundwater Management Act shall prevail.SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to establish a functional groundwater sustainability agency in the Tule Subbasin.SEC. 4.
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.