BILL NUMBER: SB 1412 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 19, 2010
An act to amend Sections 60300, 60305, 60306, 60309, 60315, 60316,
60317, 60317.5, and 60325 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1412, as introduced, Calderon. Water replenishment districts.
(1) The Water Replenishment District Act provides for the
formation of water replenishment districts. The act grants authority
to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that
district. The act requires the board of directors of a water
replenishment district to prepare annually an engineering survey and
report that includes information relating to the groundwater supplies
within the district. The act requires the board to make certain
determinations in connection with a decision to impose a water
replenishment assessment to purchase replenishment water or to remove
contaminants from the groundwater supplies of the district. The act
requires the water replenishment assessment to be fixed at a uniform
rate per acre-foot of groundwater produced within the district.
This bill, instead, would require information in that engineering
survey and report, and those related determinations, to pertain to
the groundwater in each basin within the district. The board of
directors of a water replenishment district, upon determining to
impose a water replenishment assessment on the production of
groundwater from each groundwater basin, would be required, except as
otherwise provided, to impose the assessment in an amount that is
calculated to pay for costs that include the actual costs of
replenishing the groundwater basin, removing contaminants from the
groundwater basin, and the administrative costs of the district. The
charge would be required to be fixed at a uniform rate. The bill
would make other conforming changes. By establishing these
requirements on a water replenishment district, the bill would impose
a state-mandated local program.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60300 of the Water Code is amended to read:
60300. Not later than the second Tuesday in February of
each year , the board shall order an engineering
survey and report to be made regarding the ground water
groundwater supplies of the district. The
same engineering survey and report
shall include, among all other information and data which
that the board may require, the following:
(1)
(a) Records, data , and other information
for the consideration of the board in its determination of the annual
overdraft ; .
(2)
(b) Records, data , and other information
for the consideration of the board in its determination of the
accumulated overdraft as of the last day of the preceding water year
; .
(3)
(c) A report, with supporting data, as to the total
production of ground water groundwater
from the ground water groundwater
supplies within the water replenishment district during
the preceding water year ; .
(4)
(d) A report, with supporting data, as to the changes
during the preceding water year in the pressure levels or piezometric
heights of the ground water groundwater
contained within pressure-level areas of the water
replenishment district, and as to the effects thereof upon
the ground water supplies each groundwater basin
within such the water replenishment
district ; .
(5)
(e) An estimate of the annual overdraft for the current
water year and for the ensuing water year ;
.
(6)
(f) An estimate of the accumulated overdraft as of the
last day of the current water year ; .
(7)
(g) An estimate of the total production of
ground water groundwater from the
ground water supplies each groundwater basin
within the water replenishment district for the current
water year and for the ensuing water year ; .
(8)
(h) An estimate of the changes during the current water
year in the pressure levels or piezometric heights of the
ground water groundwater contained within
pressure-level areas of each groundwater basin within the
water replenishment district, and of the effects thereof
upon the ground water supplies each
groundwater basin within such the water
replenishment district ; .
(9)
(i) An estimate of the quantity, source, and cost of
water available for needed to replenish the
groundwater in each basin within the water replenishment
of the ground water supplies district
during the ensuing water year under the provisions of Section 60315.
(j) An estimate of the total costs, including program and
administrative costs, of the district during the ensuing water year.
SEC. 2. Section 60305 of the Water Code is amended to read:
60305. (a) On or before the second Tuesday
in March of each year, and provided the engineering survey
and report called for required by
Section 60300 has been made, the board, by resolution, shall declare
whether funds shall be raised to purchase water for the
replenishment of any groundwater basin within the district
during the next ensuing fiscal year and whether the funds shall be
raised either by (a) a
by any of the following:
(1) A water charge, as provided
in Chapter 2 (commencing with Section 60245) of Part 5 , (b)
a .
(2) A general assessment, as
provided in Chapter 3 (commencing with Section 60250) of Part 5
, (c) a
.
(3) A replenishment assessment as
provided in this chapter , or (d)
a .
(4) A combination of any two or
more of the foregoing charge or assessments
described in this subdivision , and whether the funds
so to be raised, whether by a water charge, a general
assessment, a replenishment assessment or a combination of those
means, will benefit, directly or indirectly, all of the persons or
real property and improvements within the district
overlying the groundwater basin for which
replenishment water is proposed to be purchased . The
(b) The resolution shall also
declare whether funds shall be raised to remove contaminants from
any groundwater supplies basin
within the district during the next ensuing fiscal year or to
exercise any other power under Section 60224, and whether funds for
that purpose shall be raised by a replenishment assessment as
provided in this chapter, with a like statement of
benefit similar to that set forth in subdivision (a) .
SEC. 3. Section 60306 of the Water Code is amended to read:
60306. (a) If the board, by resolution,
determines that all or a portion of the funds needed to purchase
replenishment water, for any groundwater basin within the
district, or to remove contaminants from the
groundwater supplies of basin withi
n the district, or to exercise any other power under
Section 60224 with regard to any groundwater basin within the
district , shall be raised by the levy of a replenishment
assessment, then the board shall immediately
publish a notice that a public hearing will be held on the second
Tuesday of April for the purpose of determining whether and to what
extent the estimated costs thereof for the ensuing year shall be paid
for by a replenishment assessment imposed upon the production
of water from the affected groundwater basin . The
(b) The notice shall contain a
copy of the board's resolution, the time and place
of the hearing, and an invitation to all interested parties to
attend and be heard in support of or opposition to the proposed
assessment, the engineering survey and report, and the board'
s board's determination, and shall invite
inspection of the engineering survey and report upon which the board
acted. The notice shall be published in each affected county pursuant
to Section 6061 of the Government Code, at least 10 days before the
hearing date.
SEC. 4. Section 60309 of the Water Code is amended to read:
60309. All evidence relevant to the engineering survey and report
and the board's determination that such a
replenishment assessment shall be levied upon the production of
water from a groundwater basin within the district may be
introduced.
SEC. 5. Section 60315 of the Water Code is amended to read:
60315. Upon completing the hearing, but no later than the second
Tuesday in May, the board shall, by resolution adopted with
regard to the replenishment of any groundwater basin within the
district , find all of the following:
(a) The annual overdraft of the groundwater basin for
the preceding water year.
(b) The estimated annual overdraft of the groundwater basin
for the current water year.
(c) The estimated annual overdraft of the groundwater basin
for the ensuing water year.
(d) The accumulated overdraft of the groundwater basin
as of the last day of the preceding water year.
(e) The estimated accumulated overdraft of the groundwater
basin as of the last day of the current water year.
(f) The total production of groundwater from the groundwater
supplies within the district during basin for
the preceding water year.
(g) The estimated total production of groundwater from the
groundwater supplies within the district
basin for the current water year.
(h) The estimated total production of groundwater from the
groundwater supplies within the district
basin for the ensuing water year.
(i) The changes during the preceding water year in the pressure
levels or piezometric heights of the groundwater contained within
pressure-level areas of the district
groundwater basin , and the effects thereof upon the
groundwater supplies water supply within the
district basin .
(j) The estimated changes during the current water year in the
pressure levels or piezometric heights of the groundwater contained
within pressure-level areas of the district
groundwater basin , and the estimated effects thereof upon the
groundwater supplies within the district
basin .
(k) The quantity of water that should be purchased for the
replenishment of the groundwater supplies of the district
basin during the ensuing water year.
(l) The source and estimated cost costs
of water available for the replenishment of the
groundwater basin .
(m) The estimated costs of replenishing the groundwater
supplies basin with the water so
purchased.
(n) The estimated costs of purchasing, in water years succeeding
the ensuing water year, that portion of the quantity of water which
should be purchased for the replenishment of the groundwater
supplies of the district basin during the
ensuing water year, but which is estimated to be unavailable for
purchase during the ensuing water year ; estimated
. Estimated costs shall be based on the estimated price of
water for replenishment purposes during the ensuing water year.
(o) The estimated rate of the replenishment assessment required to
be levied upon the production of groundwater from the groundwater
supplies within the district basin
during the ensuing fiscal year for the purposes of accomplishing the
replenishment , including the payment of a reasonable, pro rata
allocation of the costs, including program and administrative costs,
of the district and providing a reserve fund to purchase in
future years, when available, that portion of the quantity of water
which should be purchased for the replenishment of the groundwater
supplies of the district basin during
the ensuing water year, but which is estimated to be unavailable for
purchase during that ensuing water year.
(p) Whether any contaminants should be removed from any
groundwater supplies basin during the
ensuing fiscal year, and whether any other actions under Section
60224 should be undertaken with regard to the groundwater basin
during the ensuing fiscal year, the estimated costs thereof,
and the estimated additional rate of replenishment assessment
required to be levied upon the production of groundwater from the
groundwater supplies within the district
basin during the ensuing fiscal year for those purposes.
(q) Whether any program for removal of contaminants from the
groundwater basin or other actions taken with regard to
the groundwater basin under Section 60224 should be a multiyear
program or is a continuation of a previously authorized multiyear
program.
(r) The amount, if any, by which the estimated reserve funds on
hand at the end of the current fiscal year will exceed the annual
reserve fund limit determined pursuant to Section 60290.
SEC. 6. Section 60316 of the Water Code is amended to read:
60316. Based on the findings pursuant to Section 60315, the board
shall, by resolution, determine all of the following:
(a) What portion, if any, of the estimated cost
costs of purchasing water for replenishment of a
groundwater basin within the district for the ensuing fiscal
year shall be paid for by a replenishment assessment levied upon
the production of grou ndwater from the basin
.
(b) What portion, not exceeding 25 percent of the above portion,
of the estimated cost costs of
purchasing in the future that quantity of water which should be
purchased during the ensuing water year for the replenishment of
a groundwater basin within the district , but which is
estimated to be unavailable during that year, shall be raised by a
replenishment assessment levied upon the production of
groundwater from the basin .
(c) What portion of the estimated costs of removing contaminants
from any groundwater supplies
basin within the district and of taking other actions under
Section 60224 with regard to the groundwater basin
during the ensuing fiscal year shall be paid for by a
replenishment assessment levied upon the production of
groundwater from the basin .
(d) What portion, if any, of the cost
costs of a capital improvement project for replenishment
purposes of a groundwater basin within the
district shall be paid for by a replenishment assessment
levied upon the production of groundwater from the basin
.
(e) What portion, if any, of the cost of a capital improvement
project undertaken pursuant to Section 60224 with regard to a
groundwater basin within the district shall be paid for by a
replenishment assessment levied upon the production of
groundwater from the basin .
SEC. 7. Section 60317 of the Water Code is amended to read:
60317. (a) If the board determines that a
replenishment assessment shall be levied upon the production of
groundwater from groundwater supplies within the district during the
ensuing fiscal year, immediately following the making of that
determination the board shall levy a replenishment assessment on the
production of groundwater from the each
groundwater supplies basin within the
district during the fiscal year commencing on July 1st
1 next , and the .
(b) (1) The
amount of the replenishment assessment shall be fixed
by the board at a uniform calculated in an amount to
pay for costs that include the actual costs of replenishing the
groundwater basin, the actual costs of removing the contaminants from
the groundwater basin, including the undertaking of an action under
Section 60224 on behalf of the groundwater basin, and the
administrative costs of the district. The rate shall be a uniform
rate calculated on the basis of the per acre-foot
amount of groundwater so produced
from the basin . The
(2) Notwithstanding paragraph (1), the amount of the replenishment
assessment calculated for each groundwater basin shall not exceed
the following amounts in the following years:
(A) ____ ($____) for 2011
(B) ____ ($____) for 2012.
(C) ____ ($____) for 2013.
(c) The producers of that
groundwater shall pay the replenishment assessment to the district at
the times and in the manner provided in this division. That part of
the assessment levied pursuant to the determination provided in
subdivision (c) of Section 60316, exclusive of any part thereof for
district administrative and overhead expenses, shall not exceed 50
percent of the average assessment levied for the current and four
preceding fiscal years pursuant to determinations under subdivisions
(a) and (b) of Section 60316, exclusive of any part thereof for
district administrative and overhead expenses.
SEC. 8. Section 60317.5 of the Water Code is amended to read:
60317.5. (a) Except as set forth in this
section, nothing in this division prevents the use of district funds
from any source for powers and functions authorized under this
division. That part of a replenishment assessment levied pursuant to
determinations under subdivisions (a) and (b) of Section 60316 shall
not be utilized for the direct costs of prevention and removal of
contaminants under subdivisions (a) and (b) of Section 60224.
Any
(b) Any part of a replenishment
assessment levied pursuant to a determination under subdivision (c)
of Section 60316 which that is not
expended may be obligated and expended for other uses authorized by
Section 60224 that benefit the groundwater basin to which the
replenishment assessment applies, after a hearing
and findings pursuant to Sections 60306 and 60315. Any
(c) Any part of a replenishment
assessment levied pursuant to a determination under subdivision (c)
of Section 60316 which that remains
unexpended and unobligated for five fiscal years after the last
obligation thereof, or any shorter period which the board may by
resolution determine, shall be deemed to have been levied for other
costs and expenses for which a replenishment assessment is authorized
under this division. Funds
(d) Funds from a replenishment
assessment, although restricted as to use, may be loaned for any use
for which and benefiting the groundwater
basin to which the replenishment assessment applies
within the monetary limits for which , such an
assessment has been levied. Any such loan shall be for a period not
longer than 18 months and shall bear interest, as nearly as
practicable in the discretion of the board, at the rate which those
funds might have otherwise been invested at the time of the loan.
SEC. 9. Section 60325 of the Water Code is amended to read:
60325. (a) The district, after the levying
of the replenishment assessment, shall give notice thereof to the
operators of all water-producing facilities in the district
overlying the groundwater basin to which the
replenishment assessment applies as disclosed by the records of
such the district , which
.
(b) The notice shall state the
rate of replenishment assessment for each acre-foot of
ground water groundwater to be produced during
the ensuing fiscal year. The notice may be sent by postal card or by
other first-class mail with postage prepaid by the district.
SEC. 10. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.