BILL NUMBER: AB 1265	CHAPTERED
	BILL TEXT

	CHAPTER  126
	FILED WITH SECRETARY OF STATE  AUGUST 10, 2010
	APPROVED BY GOVERNOR  AUGUST 10, 2010
	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  AUGUST 9, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 21, 2009

INTRODUCED BY   Assembly Members Caballero, Jeffries, and Ma
   (Principal coauthor: Senator Cogdill)

                        FEBRUARY 27, 2009

   An act to amend Sections 79700, 79702, 79716, 79749, and 79749.5
of, and to amend the heading of Division 26.7 (commencing with
Section 79700) of, the Water Code, and to amend Sections 2 and 3 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, relating to the Safe, Clean, and Reliable Drinking Water Supply
Act of 2012, and declaring the urgency thereof, to take effect
immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1265, Caballero. Safe, Clean, and Reliable Drinking Water
Supply Act of 2012: surface storage projects: submission to voters.
   (1) Existing law creates the Safe, Clean, and Reliable Drinking
Water Supply Act of 2010, which, if approved by the voters, would
authorize the issuance of bonds in the amount of $11,140,000,000
pursuant to the State General Obligation Bond Law to finance a safe
drinking water and water supply reliability program.
   This bill would rename the bond act as the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012, and would make conforming
changes.
   (2) The bond act, among other things, would continuously
appropriate $3,000,000,000 to the California Water Commission for
specified water projects, including surface storage projects
identified in the CALFED Bay-Delta Program Record of Decision, dated
August 28, 2000, except as specified. Funds allocated for this
purpose are authorized by the bond act to be provided to local joint
powers authorities formed by irrigation districts and other local
water districts and local governments located within the applicable
hydrologic region to design, acquire, and construct those projects.
   The bond act would also authorize the joint powers authorities to
include in their membership governmental and nongovernmental partners
that are not located within their respective hydrologic regions in
financing the surface storage projects, including, as appropriate,
cost share participation or equity participation.
   This bill would delete the authorization for joint powers
authorities to include nongovernmental partners in their membership.
The bill would prohibit the joint powers authorities from including
in their membership any for-profit corporation, or mutual water
company whose shareholders and members include a for-profit
corporation or any other private entity.
   (3) Existing law provides for the submission of the bond act to
the voters at the November 2, 2010, statewide general election.
   This bill would instead provide for the submission of the bond act
to the voters at the November 6, 2012, statewide general election,
and would require the Secretary of State to include the changes made
by this bill when submitting the bond act to the voters at the
November 6, 2012, statewide general election.
   (4)  This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Division 26.7 (commencing with Section
79700) of the Water Code, as added by Section 1 of Chapter 3 of the
Seventh Extraordinary Session of the Statutes of 2009, is amended to
read:

      DIVISION 26.7.  THE SAFE, CLEAN, AND RELIABLE DRINKING WATER
SUPPLY ACT OF 2012


  SEC. 2.  Section 79700 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
   79700.  This division shall be known, and may be cited, as the
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
  SEC. 3.  Section 79702 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
   79702.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this division, as
follows:
   (a) "Bay Delta Conservation Plan" means the final plan prepared
pursuant to the planning agreement regarding the Bay Delta
Conservation Plan, dated October 6, 2006.
   (b) "Bay-Delta Estuary" means the Delta, Suisun Bay, and Suisun
Marsh.
   (c) "CALFED Bay-Delta Program" means the program described in the
Record of Decision dated August 28, 2000.
   (d) "Commission" means the California Water Commission.
   (e) "Committee" means the Safe, Clean, and Reliable Drinking Water
Supply Finance Committee created by Section 79812.
   (f) "Delta" means the Sacramento-San Joaquin Delta, as defined in
Section 12220.
   (g) "Delta conveyance facilities" means facilities that convey
water directly from the Sacramento River to the State Water Project
or the federal Central Valley Project pumping facilities in the south
Delta.
   (h) "Delta counties" means the Counties of Solano, Yolo,
Sacramento, Contra Costa, and San Joaquin.
   (i) "Delta Plan" has the meaning set forth in Section 85059.
   (j) "Department" means the Department of Water Resources.
   (k) "Director" means the Director of Water Resources.
   (l) "Disadvantaged community" has the meaning set forth in
subdivision (a) of Section 79505.5.
   (m) "Economically distressed area" means a municipality with a
population of 20,000 persons or less, a rural county, or a reasonably
isolated and divisible segment of a larger municipality where the
segment of the population is 20,000 persons or less, with an annual
median household income that is less than 85 percent of the statewide
median household income, and with one or more of the following
conditions as determined by the department:
   (1) Financial hardship.
   (2) Unemployment rate at least 2 percent higher than the statewide
average.
   (3) Low population density.
   (n)  "Fund" means the Safe, Clean, and Reliable Drinking Water
Supply Fund of 2012 created by Section 79716.
   (o) "Integrated regional water management plan" has the meaning
set forth in Section 10534.
   (p) "Nonprofit organization" means an organization qualified to do
business in California and qualified under Section 501(c)(3) of
Title 26 of the United States Code.
   (q) "Public agency" means a state agency or department, district,
joint powers authority, city, county, city and county, or other
political subdivision of the state.
   (r) "Secretary" means the Secretary of the Natural Resources
Agency.
   (s) "State General Obligation Bond Law" means the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code).
  SEC. 4.  Section 79716 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
   79716.  The proceeds of bonds issued and sold pursuant to this
division shall be deposited in the Safe, Clean, and Reliable Drinking
Water Supply Fund of 2012, which is hereby created in the State
Treasury.
  SEC. 5.  Section 79749 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
   79749.  (a) The funds allocated for the design, acquisition, and
construction of surface storage projects identified in the CALFED
Bay-Delta Record of Decision, dated August 28, 2000, pursuant to this
chapter may be provided for those purposes to local joint powers
authorities formed by irrigation districts and other local water
districts and local governments within the applicable hydrologic
region to design, acquire, and construct those projects.
   (b) The joint powers authorities described in subdivision (a) may
include in their membership governmental partners that are not
located within their respective hydrologic regions in financing the
surface storage projects, including, as appropriate, cost share
participation or equity participation. Notwithstanding Section 6525
of the Government Code, the joint powers authorities described in
subdivision (a) shall not include in their membership any for-profit
corporation, or any mutual water company whose shareholders and
members include a for-profit corporation or any other private entity.
The department shall be an ex officio member of each joint powers
authority subject to this section, but the department shall not
control the governance, management, or operation of the surface water
storage projects.
   (c) A joint powers authority subject to this section shall own,
govern, manage, and operate a surface water storage project, subject
to the requirement that the ownership, governance, management, and
operation of the surface water storage project shall advance the
purposes set forth in this chapter.
  SEC. 6.  Section 79749.5 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
   79749.5.  (a) In approving the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012, the people were informed and hereby declare
that the provisions of this chapter are necessary, integral, and
essential to meeting the single object or work of the Safe, Clean,
and Reliable Drinking Water Supply Act of 2012. As such, any
amendment of the provisions of this chapter by the Legislature
without voter approval would frustrate the scheme and design that
induced voter approval of this act. The people therefore find and
declare that any amendment of the provisions of this chapter by the
Legislature shall require a vote of two-thirds of the membership in
each house of the Legislature and voter approval.
   (b) This section shall not govern or be used as authority for
determining whether the amendment of any other provision of this act
not contained in this chapter would constitute a substantial change
in the scheme and design of this act requiring voter approval.
  SEC. 7.  Section 2 of Chapter 3 of the Seventh Extraordinary
Session of the Statutes of 2009 is amended to read:
   Sec.2.  Section 1 of this act shall be submitted to the voters at
the November 6, 2012, statewide general election, instead of the
November 2, 2010, statewide general election, in accordance with
provisions of the Government Code and the Elections Code governing
the submission of a statewide measure to the voters.
  SEC. 8.  Section 3 of Chapter 3 of the Seventh Extraordinary
Session of the Statutes of 2009 is amended to read:
   Sec.3.  (a) Section 1 of this act shall take effect only upon the
approval by the voters of the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012, as set forth in that section at the
November 6, 2012, statewide general election.
   (b) (1) Notwithstanding Section 9051 of the Elections Code or any
other provision of law, the Attorney General shall provide and return
to the Secretary of State a ballot title and summary in 10-point
type for all state ballot pamphlets of the November 6, 2012,
statewide general election that contains the following title and
summary for Senate Bill 2, adopted by the Legislature at the 2009-10
Seventh Extraordinary Session:
   "SAFE, CLEAN, AND RELIABLE DRINKING WATER SUPPLY ACT OF 2012" and
in the same square under those words:
   "To protect water quality and ensure safe, clean drinking water;
meet the water supply needs of California residents, farms,
businesses, expand water conservation and recycling; restore fish and
wildlife habitat; reduce polluted runoff that contaminates rivers,
streams, beaches, and bays; and protect the safety of water supplies
threatened by earthquakes and other natural disasters; the State of
California shall issue bonds totaling eleven billion one hundred
forty million dollars ($11,140,000,000) paid from existing state
funds subject to independent, annual audits, and citizen oversight."


   (2) The language in paragraph (1) shall be the only language
included in the title and summary for Senate Bill 2, adopted by the
Legislature at the 2009-10 Seventh Extraordinary Session, and the
Attorney General shall not supplement, subtract from, or revise that
language.
   (3) Notwithstanding any other provision of law, including Sections
9050, 9051, 13247, and 13262 of the Elections Code, the language in
paragraph (1) for the title and summary shall also be the language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General may
include the fiscal impact summary prepared pursuant to Section 9087
of the Elections Code and Section 88003 of the Government Code. The
ballot label is the condensed statement of the ballot title and the
financial impact summary.
   (c) Opposite the square, there shall be left spaces in which the
voters may place a cross in the manner required by law to indicate
whether they vote for or against the act.
   (d) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
  SEC. 9.  The Secretary of State shall submit the heading of
Division 26.7 (commencing with Section 79700) of, and Sections 79700,
79702, 79716, 79749, and 79749.5 of, the Water Code, as amended by
Sections 1 to 6, inclusive, of this act, in place of the heading of
Division 26.7 (commencing with Section 79700) of, and Sections 79700,
79702, 79716, 79749, and 79749.5 of, the Water Code, as added by
Section 1 of Chapter 3 of the Seventh Extraordinary Session of the
Statutes of 2009, in order that they are voted upon as part of the
Safe, Clean, and Reliable Drinking Water Supply Act of 2012, at the
November 6, 2012, statewide general election.
  SEC. 10.   This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to enable the Secretary of State to make the changes
required by this act at the earliest possible date, and to ensure
that the Safe, Clean, and Reliable Drinking Water Supply Act of 2012
is submitted to the voters at the November 6, 2012, statewide general
election, it is necessary that this act take effect immediately.