BILL NUMBER: AB 2619 CHAPTERED 09/07/06 CHAPTER 218 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2006 APPROVED BY GOVERNOR SEPTEMBER 7, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE JUNE 14, 2006 AMENDED IN ASSEMBLY MAY 26, 2006 AMENDED IN ASSEMBLY APRIL 3, 2006 INTRODUCED BY Assembly Member Daucher (Coauthors: Assembly Members DeVore, Huff, Spitzer, Tran, and Umberg) (Coauthor: Senator Ackerman) FEBRUARY 24, 2006 An act to amend Sections 4, 17, and 20.6 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2619, Daucher Orange County Water District. (1) The Orange County Water District Act requires the Board of Directors of the Orange County Water District to appoint an assessor and tax collector and authorizes the board to appoint the county assessor and county tax collector of the County of Orange (county) to perform those functions on behalf of the district. The act authorizes the board of directors to appoint and employ attorneys, engineers, and such other officers and employees for the district that the board deems necessary, to prescribe their duties, powers, and compensation, and provides that officers and employees of the district hold office at the pleasure of the board. This bill would require the county assessor and county tax collector to perform the duties of those respective officers on behalf of the district. The bill would delete the provision relating to the service of the officers and employees at the pleasure of the board. (2) The act requires the board of directors of the district to furnish the board of supervisors and auditor of the county, by the first meeting of the board of supervisors in August of each year, with an estimate in writing of the amount of money needed for the initiated or authorized purposes of the district for the current fiscal year. The act provides that this estimate, less available funds on hand, shall be deemed sufficient to provide the necessary funds to carry out the purposes of the district, excluding those projects or works that the board of directors of the district deems advisable or necessary to be financed by bonded indebtedness. This bill would delete the provision declaring that the estimate, less available funds on hand, shall be deemed sufficient to provide the necessary funds to carry out the purposes of the district, excluding those projects or works that the board of directors of the district deems advisable or necessary to be financed by bonded indebtedness. (3) The act requires the board of directors of the district, before certain purposes and projects are instituted and carried out, to determine whether the purpose or project is feasible and necessary and of general benefit to the lands in the district, and to estimate and determine the amount of money necessary to be raised for each purpose or project. This bill would delete acquiring water and water rights from the purposes or projects subject to this requirement and would add acquiring water treatment or purification facilities, pumping stations, injection wells, and other facilities, to those purposes or projects subject to this requirement. (4) The act requires the board of directors of the district to cause engineering investigations, surveys, examinations, drawings, plans, and reports to be made to furnish the proper basis for assessing the purposes or projects and estimating the cost of the purposes or projects. The act requires that all engineering investigations, surveys, examinations, drawings, plans, and reports be made under the direction of, and certified by, a competent engineer selected by the directors. This bill would require that all engineering investigations, surveys, examinations, drawings, plans, and reports be made under the direction of, and certified by, a licensed engineer or geologist. The bill would require that all engineering investigations, surveys, examinations, drawings, plans, and reports be included in a report of a licensed engineer or geologist, and be approved by the board of directors prior to the beginning of work on the purpose or project. By establishing requirements on the district, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), as amended by Chapter 379 of the Statutes of 1987, is amended to read: Sec. 4. (a) The government of the district shall be vested in the board of directors to consist of 10 members to be elected or appointed pursuant to this act, and a president, a first vice president, and a second vice president to be appointed from the 10 members of the board of directors and to hold office at the pleasure of the board of directors. (b) The board of directors shall appoint, by a majority vote, a general manager, a secretary, treasurer, and auditor, and shall define their duties and fix their compensation. Each of these officers shall serve at the pleasure of the board. The county assessor and county tax collector of the County of Orange shall perform the duties of the office of assessor and tax collector for the district without additional compensation being paid by the district, in order to carry out the provisions of this act. (c) The district may appoint and employ an attorney or attorneys and an engineer or engineers for the district and other officers and employees for the district that, in the judgment of the district, may be deemed necessary, and prescribe their duties and powers and compensation. SEC. 2. Section 17 of the Orange county Water District Act (Chapter 924 of the Statutes of 1933), as amended by Chapter 141 of the Statutes of 1970, is amended to read: Sec. 17. (a) The board of directors, on or before the first meeting of the board of supervisors of Orange County in August of each year, shall furnish the board of supervisors and the auditor of Orange County with an estimate in writing of the amount of money needed for the initiated or authorized purposes of the district for the current fiscal year, including the purchase of supplemental water for the replenishment of groundwater supplies of the district and amounts necessary for the payment of the principal of, and interest on, any bonded debt of the district as it becomes due. (b) (1) The amount of the general assessment levied during any year, excluding the amounts necessary for the payment of the principal of, and interest on, any bonded debt of the district, shall not exceed twenty cents ($0.20) for each one hundred dollars ($100), or fraction thereof, of assessable property in the district, excluding personal property, according to the last assessment rolls of Orange County. (2) A tax rate in excess of eight cents ($0.08) for each one hundred dollars ($100), or fraction thereof, of assessable property in the district, excluding personal property, according to the last assessment rolls of Orange County, shall not be established unless authorized by an affirmative vote of eight of the members of the Board of Directors of the Orange County Water District. (3) The general assessments provided for in this section shall not exceed eight cents ($0.08) for each one hundred dollars ($100), or fraction thereof, of mineral rights, where the mineral rights are assessed separately from the land. (4) All funds derived from a general assessment in excess of those derived from eight cents ($0.08) for each one hundred dollars ($100), or fraction thereof, of assessable property in the district of any general assessment shall be deposited and applied to the water reserve fund. (c) The amounts deposited and applied to the water reserve fund shall be used solely and exclusively for all of the following purposes: (1) The purchase of supplemental water for the replenishment of the groundwater supplies of the district. (2) Acquiring, constructing or developing intrusion prevention projects, spreading grounds or basins, wastewater reclamation and water salvage projects, canals, conduits, pipelines, wells, or other works useful or necessary for the purposes of the district and to carry out the provisions of this act. (3) Acquiring any real or personal property or rights or privilege therein useful or necessary for the foregoing projects or works or for the purposes of the district and to carry out the provisions of this act. (d) In addition to the purchase of supplemental water for the groundwater supplies of the district from the water reserve fund and from the replenishment fund, the board of directors may purchase water for the replenishment of the groundwater supplies of the district from the general fund upon the affirmative vote of at least eight members of the board of directors. SEC. 3. Section 20.6 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), as amended by Chapter 508 of the Statutes of 1963, is amended to read: Sec. 20.6. (a) For the purpose of constructing, purchasing, leasing or otherwise acquiring storage sites, water treatment or purification facilities, pumping stations, injection wells, spreading grounds, lands, canals, conduits, or other facilities, rights and privileges useful or necessary for the purposes of the district, and otherwise carrying out this act, and before any purposes or projects are instituted and carried out, the board of directors of the district shall determine whether any purpose or project is feasible and necessary and of general benefit to the lands in the district, and shall also estimate and determine the amount of money necessary to be raised for each purpose or project. (b) For the purpose of ascertaining the feasibility, necessity, and general benefit of any purpose or project and the amount of money necessary to be raised, the board of directors shall cause engineering investigations, surveys, examinations, drawings, plans, and reports to be made as shall furnish the proper basis for the purpose or project and its estimated cost. (c) The engineering investigations, surveys, examinations, drawings, plans, and reports, and estimated cost, may reflect that the works necessary for a completed purpose or project shall be constructed progressively during a period of years. All engineering investigations, surveys, examinations, drawings, plans, and reports shall be made under the direction of a licensed engineer or geologist, and shall be certified by him or her. All data obtained by Orange County Flood Control District and all other available engineering data may be considered in all of the engineering investigations. The engineering investigations, surveys, examinations, drawings, plans, and reports, as applicable, shall be included in a report of a licensed engineer or geologist, to be approved by the board of directors prior to the beginning of work on the purpose or project. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.