BILL NUMBER: SB 1136 CHAPTERED 07/06/04 CHAPTER 108 FILED WITH SECRETARY OF STATE JULY 6, 2004 APPROVED BY GOVERNOR JULY 5, 2004 PASSED THE SENATE JUNE 24, 2004 PASSED THE ASSEMBLY JUNE 21, 2004 AMENDED IN ASSEMBLY JUNE 1, 2004 AMENDED IN SENATE APRIL 22, 2004 AMENDED IN SENATE APRIL 13, 2004 INTRODUCED BY Senator Chesbro (Coauthor: Assembly Member Berg) JANUARY 20, 2004 An act to amend Section 21180 of the Public Contract Code, to amend Sections 12741 and 12742 of the Water Code, and to amend Sections 1, 2, 4, 5, 6, and 41 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951), relating to the Lake County Flood Control and Water Conservation District. LEGISLATIVE COUNSEL'S DIGEST SB 1136, Chesbro. Lake County Flood Control and Water Conservation District. Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of storm water by municipalities and industries in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the Clean Water Act, and the Porter-Cologne Water Quality Control Act. Existing law, the Lake County Flood Control and Water Conservation District Act, prescribes the powers and purposes of the Lake County Flood Control and Water Conservation District. This bill would change the name of the district to the Lake County Watershed Protection District and would make related conforming changes. The bill would authorize the district to participate alone, or jointly with Lake County, or cities or districts within Lake County, in the NPDES permit program in accordance with the Clean Water Act. The bill would authorize the district to impose and collect fees to carry out the purposes of the district. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21180 of the Public Contract Code is amended to read: 21180. This article applies to contracts by the Lake County Watershed Protection District, which is governed in accordance with Chapter 1544 of the Statutes of 1951, as amended. SEC. 2. Section 12741 of the Water Code is amended to read: 12741. The Lake County Watershed Protection District shall give assurances satisfactory to the Secretary of the Army that the local cooperation, required by the Act of Congress approved October 27, 1965 (Public Law 89-298, 79 Stat. 1083, Title II, the Flood Control Act of 1965), will be furnished by the district in connection with the project for flood protection adopted and authorized in Section 12740. SEC. 3. Section 12742 of the Water Code is amended to read: 12742. The Lake County Watershed Protection District, in conjunction with the Department of the Army, shall execute the plans and projects referred to in Section 12740, and may make modifications and amendments to the plans as may be necessary to execute them for the purposes of Chapters 1 (commencing with Section 12570) and 2 (commencing with Section 12639) of this part. SEC. 4. Section 1 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Section 1. The Lake County Watershed Protection District is hereby established. The territory of the district is that of Lake County. SEC. 5. Section 2 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Sec. 2. For the purposes of this act, "district" means the Lake County Watershed Protection District. SEC. 6. Section 4 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Sec. 4. (a) The objects and purposes of this act are to provide for the control, impounding, treatment, and disposal of the flood and storm waters of the district, the conservation and protection of all waters within the district, including both surface water and groundwater, and the control of flood and storm waters of streams that have their source outside of the district, but which streams and the flood waters thereof flow into the district, to protect from flood or storm waters the watercourses, lakes, groundwater, watersheds, harbors, public highways, life, and property in the district, to develop and improve the quality of all waters within the district for all beneficial uses, including domestic, irrigation, industrial and recreational uses, and to protect and improve the quality of all waters within the district. (b) The objects and purposes of this act are also to provide for the participation of the district in the national pollutant discharge elimination system (NPDES) permit program in accordance with the Clean Water Act (33 U.S.C. 1251 et seq.). SEC. 7. Section 5 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Sec. 5. The district is hereby declared to be a body corporate and politic and may do all of the following: 1. Have perpetual succession. 2. Sue and be subject to suit in the name of said district. 3. Adopt a seal. 4. Acquire by grant, purchase, lease, gift, devise, contract, construction, or otherwise, and hold, use, enjoy, let, and dispose of real and personal property of every kind, including lands, structures, buildings, rights-of-way, easements, water and water rights, and privileges and construct, maintain, alter, and operate any and all works or improvements, within or outside the district, necessary or proper to carry out any of the objects of purposes of this act and convenient to the full exercise of its powers, and complete, extend, add to, alter, remove, repair or otherwise improve any works, or improvements, or property acquired by it as authorized by this act. 5. Conserve all waters within the district, and control the flood and storm waters of the district and the flood and storm waters of streams that have their sources outside the district, but which streams and floodwaters thereof, flow into the district, and protect from damage from those flood or storm waters the watercourses, watersheds, harbors, public highways, life and property in the district, and the watercourses outside the district of streams flowing into the district, and to develop waters within or outside the district for domestic irrigation, industrial, and recreational uses, and construct works therefor, including works for the storage and delivery of water; provided further, that none of the provisions of this act shall preclude the exercise by any other political subdivision that may now or hereafter exist, wholly or in part, within the district from exercising its powers, although the powers may be of the same nature as the powers of the district. Any other political subdivision may, by written agreement with the district, provide for the use, or joint use, of property or facilities in which that other political subdivision has an interest, or for the use, or joint use, of property or facilities in which the district has an interest. 6. Cooperate and act in conjunction with the federal government, the state, or any of their engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, or with the County of Lake or adjacent counties, or with any other agencies, in the construction of any work for the storage or delivery of all waters within or outside the district for domestic, irrigation, industrial, and recreational uses and for the conservation of waters within the district, for the controlling of flood or storm waters of or flowing into the district, or for the protection of life or property in the district. 7. Carry on technical and other investigations of all kinds, make measurements, collect data and make analyses, studies, and inspections pertaining to the beneficial use of waters within or outside the district, including domestic, irrigation, industrial, and recreational uses and the conservation of water and the control of floods both within and outside the district, and for those purposes the district shall have the right of access through its authorized representatives to all properties within the district. The district, through its authorized representatives, may enter upon those lands and make examinations, surveys, and maps thereof. 8. Enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways and other rights-of-way; acquire by purchase, lease, contract, gift, devise, or other legal means all lands and other property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of the works, enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which might be lawfully acquired or owned by the district. 9. Incur indebtedness and issue bonds in the manner provided in this act. 10. In compliance with Article XIII C and Article XIII D of the California Constitution, cause taxes, fees, or assessments to be levied and collected for the purpose of paying any obligation of the district, and to carry out any of the purposes of this act, in the manner provided in this act. 11. Make contracts, and employ labor, and do all acts necessary for the full exercise of all powers vested in the district or any of the officers thereof by this act. 12. Exercise the right of eminent domain, either within or outside the district, to take any property necessary to carry out any of the objects or purposes of this act. The district in exercising that power shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cable, poles, of any public utility that is required to be moved to a new location. The district shall not condemn property outside the County of Lake unless the consent of the governing board of the county, in which the property to be condemned is located, has first been obtained. Nothing in this act contained shall be construed as in any way affecting the plenary power of any existing city and county or municipal utility district to provide for a water supply for that city and county or municipal utility district, or as affecting the absolute control of any properties of that city and county or municipal utility district necessary for that water supply and nothing herein contained shall be construed as vesting any power of control over those properties in the district or in any officer thereof, or in any person referred to in this act. 13. Provide for the operation and maintenance of any works of any kind or channelways, that may be built or operated by the state or the federal government without cost to the district, for the control or disposition of flood and storm waters within the district whether those waters originate within or outside the district. 14. Contract with the County of Lake, because of the interest of the County of Lake in the general welfare and preservation and promotion of land values in the county and in the maintenance, construction and improvement of public roads, bridges and other county property within any zone that may be damaged or destroyed by those flood and storm waters and that will be protected by proper control and disposition of those waters, for the participation by that county, on a percentage or other appropriate basis, in the amount or amounts that may be taxed or assessed from time to time against any lands in any zone by any taxing or assessing agency or authority, including the district, to provide funds for the operation and maintenance of any works of any kind or channelways which may be built, maintained or operated by the state or the federal government or the district for the benefit of that zone; and the County of Lake may enter into that contract with the district. 15. Levy assessments in any zone, on the basis of benefits as provided in Section 13 or 13.1 of this act, to raise funds for payment of expenses of operation and of works or channelways in that zone and the cost of levying and collecting those assessments. 16. Levy and collect special taxes in the district or any zone in accordance with Section 13 of this act. 17. Levy and collect benefit assessments in the district or any zone in accordance with Section 13 of this act. 18. Participate alone, or jointly with Lake County, or cities or districts within Lake County, in the national pollutant discharge elimination system (NPDES) permit program in accordance with the Clean Water Act (33 U.S.C. 1252 et seq.), and undertake necessary acts in connection with that program. SEC. 8. Section 6 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Sec. 6. (a) The Board of Supervisors of Lake County shall be and is hereby designated as, and empowered to act as, the ex officio Board of Directors of the Lake County Watershed Protection District. For the purposes of this act, the terms "board" and "board of supervisors" means the Board of Directors of the Lake County Watershed Protection District. (b) Each member of the board of directors of the district shall receive as compensation for his or her services one hundred fifty dollars ($150) per month, and his or her actual and necessary expenses in the performance of official duties under this act, payable from the funds of the district in addition to his or her salary as county supervisor. (c) All ordinances, resolutions, and other legislative acts of the district shall be adopted by the board of directors, and certified to, recorded and published, in the same manner, except as otherwise expressly provided in this act, as are ordinances, resolutions, or other legislative acts of the County of Lake. SEC. 9. Section 41 of the Lake County Flood Control and Water Conservation District Act (Chapter 1544 of the Statutes of 1951) is amended to read: Sec. 41. This act shall be known and may be cited as the Lake County Watershed Protection District Act.