BILL NUMBER: SB 613	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 27, 2009

   An act to amend Section 10.2 of the County Water Authority Act
(Chapter 545 of the Statutes of 1943), relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 613, as introduced, Harman. County water authority: annexation:
federal military reservation.
   The County Water Authority Act authorizes county 2 or more public
agencies in any county to organize and incorporate a county water
authority. The act requires all powers, privileges, and duties vested
in or imposed upon a county water authority to be exercised and
performed by a board of directors. The act provides for among other
things, the annexation of territory within a federal military
reservation to a county water authority. The act provides procedures
for annexation of a military reservation and requires, on and after
the effective date of the annexation, the military reservation to be
a separate unit member of the county water authority entitled to one
representative on the board of directors.
   This bill would make technical, nonsubstantive changes in the
provisions relating to annexation of a federal military reservation.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 10.2 of the County Water Authority Act (Chapter
545 of the Statutes of 1943), as amended by Section 38 of Chapter
506 of the Statutes of 2000, is amended to read:
   Sec. 10.2.  (a) Notwithstanding any other provisions of this act,
territory within a federal military reservation may be annexed to any
county water authority organized  hereunder  
under this act  as a single member of an authority in the manner
provided in this section. As used in this section, "federal military
reservation" or "military reservation" means a single federal
military reservation or separate but contiguous federal military
reservations which are jointly annexed to a county water authority as
a single member agency of an authority.
   (b) Proceedings for the annexation of  territory within 
a military reservation shall be initiated by the adoption by the
board of directors of an authority of a resolution proposing
annexation of  territory within  a military reservation to
an authority as a member of an authority.
   (c) The resolution proposing the annexation may provide that the
annexation shall include one or more separate areas, which may be
separately identified for assessing and tax collecting purposes, and
that each  such area   of those areas  may
be subject to one or more of the following terms and conditions:
   (1) The fixing and establishment of priorities for the use of, or
right to use, water, or capacity rights in any public improvement or
facilities, and the determination of, or limitation on, the quantity
of, the purposes for which, and the places where, water may be
delivered by the authority to the military reservation for military
purposes and uses incidental thereto, as well as for nonmilitary
purposes.
   (2) The levying by the authority of special taxes upon any private
leasehold, possessory interest  ,  or other taxable
property within the territory annexed, and the imposition and
collection of special fees or charges prior to the annexation.
   (3)  Should   If    portions of
any area annexed  hereunder be   under this
section are  subsequently made available for nonmilitary
purposes not in existence at the time of the annexation of the area,
the board of directors of the authority may impose new terms and
conditions for any subsequent service of water, directly or
indirectly, by the authority to that area, including the separation
of  such an   the  area for assessing and
tax collecting purposes and the levying by the authority of special
taxes on those portions.
   (4) The effective date of the annexation.
   (5) Any other matters necessary or incidental to any of the
 foregoing   terms and conditions in paragraphs
(1) to (4), inclusive  .
   (d) A certified copy of the resolution proposing annexation shall
be sent to the official in authority over the military reservation.
If the military reservation consents in writing to the annexation and
to the terms and conditions established by the board of directors,
the board may, by resolution, order the annexation to the authority
of the territory situated within the military reservation, subject to
 said   those  terms and conditions.
   (e) A certificate of proceedings taken  hereunder
  under this section  shall be made by the
secretary of the authority and filed with the county clerk of the
county in which the county water authority is situated. Upon the
filing in his or her office of the certificate of proceedings, the
county clerk of the county in which the county water authority is
situated shall, within 10 days, issue a certificate reciting the
filing of those papers in his or her office and the annexation of the
territory to the authority. The county clerk of the county in which
the county water authority is situated shall transmit the original of
said certificate to the secretary of the authority.
   (f) Upon the filing of the certificate of proceedings with the
county clerk of the county in which the county water authority is
situated, or upon the effective date of the annexation provided for
in the terms and conditions, whichever is later, the territory within
the military reservation shall become and be an integral part of the
authority  , and the   . The  taxable
property  therein   within that territory 
shall be subject to taxation thereafter for the purposes of 
said   the authority, including the payment of
bonds and other obligations of the authority at the time authorized
or outstanding  , and the   . The  board of
directors of the authority shall be empowered to do all things
necessary to enforce and make effective the terms and conditions of
annexation fixed as  hereinabove  authorized 
pursuant to this section  .
   (g) On and after the effective date of the annexation, the
military reservation shall be a separate unit member of the authority
and shall be entitled to one representative on the board of
directors of the authority. For the purposes of this act, a military
reservation shall be deemed a public agency. The representative shall
be designated and appointed by the official in authority over the
military reservation, shall hold office for a term of six years or
until his or her successor is appointed and qualified, and may be
recalled by  that   the  official  with
authority over the military reservation  .
   (h) The transfer of ownership of the fee title of a military
reservation, or of any portion thereof, to nonmilitary ownership
after annexation to the authority pursuant to this section shall
result in the automatic exclusion from the authority of the territory
transferred to that ownership.
   (i) If a county water authority is a member public agency of a
metropolitan water district organized under the Metropolitan Water
District Act (Chapter 200 of the Statutes of 1969), that metropolitan
water district may impose any or all of the terms and conditions
that may be imposed by a county water authority pursuant to
subdivisions (a) through (h) of this section in any resolution fixing
the terms and conditions for the concurrent annexation of territory
in a military reservation.