Section 21080.46 - Ordinance limiting or prohibiting drilling of groundwater wells or prohibiting increased extractions(a) Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or city and county to limit or prohibit the drilling of new or deeper groundwater wells, or to limit or prohibit increased extractions from existing groundwater wells, through stricter conditions on the issuance of well permits or changes in the intensity of land use that would increase demand on groundwater.(b)(1) This section shall remain operative until July 1, 2017, or so long as the state of emergency due to drought conditions declared by the Governor in the proclamation of a state of emergency issued on January 17, 2014, remains in effect, whichever is later.(2) This section is repealed on January 1 of the year following the date on which this section becomes inoperative.(c) Notwithstanding subdivision (a) or (b), this section does not apply to either of the following:(1) The issuance of any permit for a new or deeper groundwater well by a city, county, or city and county.(2) The adoption of any ordinance affecting or relating to new residential, commercial, institutional, or industrial projects or any mix of these uses, or any change in the intensity or use of land for these purposes, if that project or change in use requires approval by a city, county, or city and county. Nor does this section apply to the adoption of any ordinance that would limit or prohibit new or deeper groundwater wells, or increased extraction from existing groundwater wells, that may be needed to serve these projects.Ca. Pub. Res. Code § 21080.46
Added by Stats 2015 ch 27 (SB 88),s 8, eff. 6/24/2015.