BILL NUMBER: AB 2488	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 24, 2010
	PASSED THE ASSEMBLY  MAY 6, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 19, 2010

   An act to amend Sections 81305, 81337, 81422, 81460, 81608.5, and
81630 of, and to add Section 81423 to, the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, Ruskin. City and County of San Francisco: regional water
system.
   (1) Under existing law, the City and County of San Francisco
operates the Hetch Hetchy Project as a regional water delivery
system, supplying water to persons and entities in San Francisco and
the Counties of Alameda, San Mateo, and Santa Clara.
   Existing law, the San Francisco Bay Area Regional Water System
Financing Authority Act, establishes the San Francisco Bay Area
Regional Water System Financing Authority and authorizes the
authority to issue revenue bonds and take other actions to improve
the reliability of the regional water system of the City and County
of San Francisco. Existing law, the Bay Area Water Supply and
Conservation Agency Act, governs the formation and operation of the
Bay Area Water Supply and Conservation Agency. The act authorizes the
agency to acquire water and water rights, and take other specified
actions relating to the regional water system of the City and County
of San Francisco.
   This bill would modify the definitions of "public entities" and
"eligible public entities," as specified, and the reference to
"master water sales contract," as set forth in the acts, to reflect
changes in the membership of the authority and agency and a recent
water supply agreement, dated July 2009, between the City and County
of San Francisco and certain wholesale customers.
   (2) Existing law authorizes the agency to apply for and receive
specified financial assistance.
    This bill would clarify the types of financial assistance
available to the agency. The bill would also authorize the agency to
assist specified entities to meet specified urban water use targets
and, if requested by specified entities, to develop and administer a
regional conservation program. The bill would also consider the
agency to be a local agency for purposes of specified law.
   (3) Existing law authorizes any director of the agency to call for
weighted voting, which is required to be based on specified water
delivery quantities.
   This bill would require an entity's water delivery quantity to be
increased for purposes of weighted voting when specified
circumstances occur, without the necessity of an amendment to the
water delivery quantities.
   (4) Existing law requires directors of the agency and the
authority to take an oath of office.
   This bill would authorize specified persons to administer the
oath.


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

  SECTION 1.  Section 81305 of the Water Code is amended to read:
   81305.  "Eligible public entities" means the 24 public entities in
San Mateo County, Alameda County, and Santa Clara County that
purchase water from San Francisco pursuant to the July 2009 Water
Supply Agreement, or any subsequent water supply contract, that
include Alameda County Water District, City of Brisbane, City of
Burlingame, Coastside County Water District, City of Daly City, City
of East Palo Alto, Estero Municipal Improvement District, Guadalupe
Valley Municipal Improvement District, City of Hayward, Town of
Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City
of Millbrae, City of Milpitas, City of Mountain View, North Coast
County Water District, City of Palo Alto, Purissima Hills Water
District, City of Redwood City, City of San Bruno, City of San Jose,
City of Santa Clara, City of Sunnyvale, and Westborough Water
District.
  SEC. 2.  Section 81337 of the Water Code is amended to read:
   81337.  Each director, before entering upon the duties of his or
her office, shall take the oath of office as provided for in the
California Constitution and laws of the state. The chairperson or
vice chairperson of the board, or the secretary of the agency, may
administer the oath.
  SEC. 3.  Section 81422 of the Water Code is amended to read:
   81422.  The agency may apply for and receive state and federal
grants, loans, and other financial assistance, including, but not
limited to, assistance available pursuant to Division 24 (commencing
with Section 78500), Division 26 (commencing with Section 79000), and
Division 26.5 (commencing with Section 79500) of this code, Division
43 (commencing with Section 75001) of the Public Resources Code, and
any other financial assistance for water management activities
authorized after January 1, 2009.
  SEC. 4.  Section 81423 is added to the Water Code, to read:
   81423.  (a) The agency may assist any of the entities identified
in Section 81460 that are subject to Part 2.55 (commencing with
Section 10608) of Division 6 to meet urban water use targets
developed pursuant to that part. In providing this assistance, the
agency may act pursuant to paragraph (2) or (3) of subdivision (a) of
Section 10608.28. If the agency provides this assistance pursuant to
paragraph (2) of subdivision (a) of Section 10608.28, subdivision
(b) of Section 10608.28 shall apply.
   (b) If requested by entities listed in Section 81460 that are
subject to Part 2.6 (commencing with Section 10610) of Division 6,
the agency may develop and administer a regional conservation program
described in clause (ii) of subparagraph (A) of paragraph (2) of
subdivision (b) of Section 10631.5, regardless of whether the agency
is an urban water supplier. The agency shall be eligible to receive
financial assistance that may be available for the development or
administration of these programs.
   (c) The agency shall be considered a local agency as defined in
Section 10535, and a local agency with statutory authority over water
supply or water management pursuant to Section 10539, with all of
the authority provided to a local agency pursuant to Part 2.2
(commencing with Section 10530) of Division 6.
  SEC. 5.  Section 81460 of the Water Code is amended to read:
   81460.  (a) The water delivery quantities set forth in subdivision
(b) describe, for the purposes of this division, the average daily
deliveries of water from San Francisco to the identified entities
during the 2000-01 fiscal year.
   (b) The water delivery quantities are as follows:

                       Average Daily Deliveries in
Name                           Hundred Cubic Feet
Alameda
County Water                               15,709
District
California
Water Service                              49,610
Company
City of Brisbane                              489
City of
                                             6,503
Burlingame
City of Daly
                                             6,070
City
City of East
                                             2,864
Palo Alto
City of
                                            24,546
Hayward
Town of
                                             5,099
Hillsborough
City of Menlo
                                             4,616
Park
City of Millbrae                            3,669
City of Milpitas                            9,437
City of
                                            14,860
Mountain View
City of Palo
                                            18,438
Alto
City of
                                            15,753
Redwood City
City of San
                                             3,266
Bruno
City of San Jose                            6,436
City of Santa
                                             5,473
Clara
City of
                                            13,112
Sunnyvale
Coastside
County Water                                2,070
District
Estero
Municipal
                                             7,873
Improvement
District
Guadalupe
Valley
Municipal                                     611
Improvement
District
Mid-Peninsula
                                             4,789
Water
District
North Coast
County Water                                4,594
District
Purissima Hills
                                             2,921
Water District
Stanford
                                             3,604
University
Westborough
                                             1,352
Water
District


   (c) If San Francisco becomes a member of the agency, the average
daily delivery of water to San Francisco during the 2000-01 fiscal
year, for the purposes of this division, shall be determined to be
118,973 hundred cubic feet.
   (d) If one of the entities listed in subdivision (b) succeeds,
whether by merger, consolidation, acquisition, assignment, or
otherwise, to the rights and obligations of another entity under the
July 2009 Water Supply Agreement, or any subsequent water supply
contract, the successor entity's quantity of water shall be
increased, for purposes of Section 81405, by the amount of the
nonsucceeding entity's quantity of water, without the necessity for
an amendment to subdivision (b).
  SEC. 6.  Section 81608.5 of the Water Code is amended to read:
   81608.5.  "Public entities" means San Francisco and the public
entities in the Counties of Alameda, San Mateo, and Santa Clara that
purchase water from San Francisco pursuant to the July 2009 Water
Supply Agreement, or any subsequent water supply contract, that
include Alameda County Water District, City of Brisbane, City of
Burlingame, Coastside County Water District, City of Daly City, City
of East Palo Alto, Estero Municipal Improvement District, Guadalupe
Valley Municipal Improvement District, City of Hayward, Town of
Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City
of Millbrae, City of Milpitas, City of Mountain View, North Coast
County Water District, City of Palo Alto, Purissima Hills Water
District, City of Redwood City, City of San Bruno, City of San Jose,
City of Santa Clara, City of Sunnyvale, and Westborough Water
District.
  SEC. 7.  Section 81630 of the Water Code is amended to read:
   81630.  Each director, before entering upon the duties of his or
her office, shall take the oath of office as provided for in the
Constitution and laws of the state. The chairperson or vice
chairperson of the board, or the secretary of the agency, may
administer the oath.