BILL NUMBER: SB 1677 CHAPTERED 08/23/04 CHAPTER 244 FILED WITH SECRETARY OF STATE AUGUST 23, 2004 APPROVED BY GOVERNOR AUGUST 23, 2004 PASSED THE SENATE AUGUST 11, 2004 PASSED THE ASSEMBLY AUGUST 9, 2004 AMENDED IN ASSEMBLY AUGUST 4, 2004 AMENDED IN ASSEMBLY JUNE 1, 2004 AMENDED IN SENATE APRIL 14, 2004 INTRODUCED BY Senator Knight FEBRUARY 20, 2004 An act to amend Section 13 3/4 of the Los Angeles County Flood Control Act (Chapter 755 of the Statutes of 1915), relating to the Los Angeles County Flood Control District. LEGISLATIVE COUNSEL'S DIGEST SB 1677, Knight. Los Angeles County Flood Control District: storm drains. Existing law, the Los Angeles County Flood Control Act, establishes the Los Angeles County Flood Control District and authorizes the district to control and conserve the flood, storm, and other wastewater of the district. The act authorizes the board of the district to accept a transfer of a storm drain improvement or drainage system lying within or outside the district if certain requirements are met. The act authorizes a city or county with a storm drain improvement or drainage system within the district to transfer the improvement or system to the district upon a 4/5 vote of the legislative body of that city or county. This bill would authorize the district to accept these described transfers. The bill would delete the provision relating to the authority of a city or county to transfer the improvement or system to the district upon a 4/5 vote of the city's or county's legislative body. The bill would authorize the Los Angeles County Board of Supervisors, which serves as the board of the district, and the governing body of a public agency, as defined, to assign designees to carry out functions relating to the transfer and conveyance of the improvement or system to the district. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 133/4 of the Los Angeles County Flood Control Act (Chapter 755 of the Statutes of 1915) is amended to read: Sec. 133/4. (a) The Los Angeles County Flood Control District may accept a transfer and conveyance of a storm drain improvement or drainage system lying within or outside the territorial limits of the district, if the improvement or system benefits property within the territorial limits of the district, and the governing body of the public agency that has constructed or acquired the improvement or system requests the district to accept the transfer and conveyance of the improvement or system. (b) Upon acceptance, the district shall assume sole control and jurisdiction over the improvement or system and shall thereafter provide for the operation, maintenance, repair, and improvement thereof, except that the district shall not assume or be liable for any bonded indebtedness in connection with the improvement or system. (c) As used in this section, "public agency" means the state, any state agency, any city, county, or city and county, whether chartered or not, any district, any public authority, any public agency, any municipal corporation, or any other political subdivision or public corporation of the state. (d) Upon acceptance of any improvement or system under this section, the board of supervisors of the district may levy a special tax each year upon the taxable real property in the district sufficient to pay the cost and expenses of operating, maintaining, repairing, and improving the improvement or system so transferred and accepted, except for the payment of interest and principal on any outstanding bonds for which the district shall not be liable. (e) The special tax may also be levied, collected, and expended to pay the costs of operating, maintaining, repairing, and improving all storm drain improvements or drainage systems, or both, constructed by the district with bond funds authorized at any bond election held under the authority of this act. The tax shall be levied and collected at the same time and in the same manner as the general tax for county purposes, and the revenue derived from the tax shall be paid into the county treasury to the credit of the district and the board of supervisors may expend these funds to pay for costs described in this subdivision. Taxes levied under authority of this section shall be separate and distinct from, and shall be in addition to, the taxes authorized to be levied under Section 14 of this act. (f) The board of supervisors of the district, by ordinance or resolution, may assign a designee to act on behalf of the district regarding the acceptance of a storm drain improvement and drainage system by the district. The designee shall report all acceptances to the board within 30 days of the end of the district's fiscal year, or at more frequent intervals if required by ordinance, resolution, or other legislative act adopted by the board of supervisors. (g) The governing body of a public agency may assign a designee to act on its behalf regarding the transfer and conveyance of any storm drain improvement or drainage system to the district. The governing body may determine the procedure by which the assignment of the designee shall be made. The designee shall report any transfer and conveyance of any storm drain improvement or drainage system to the governing body of the public agency at intervals as required by the governing body of the public agency.