California § 44206 - In addition to levying assessments or fixing tolls and charges pursuant to Part 9

§ 44206. In addition to levying assessments or fixing tolls and charges pursuant to Part 9

(a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following: (1) Design, administration, operation, and maintenance of a project, including a prudent reserve. (2) Acquisition of lands or other properties, facilities, and services to implement a project. (3) Other costs directly related to design, implementation, maintenance, and operation of a project. (b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted. (2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties. (3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. (c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. (d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. (e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9.