BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1422|
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THIRD READING
Bill No: AB 1422
Author: Perea (D), et al.
Amended: 6/28/12 in Senate
Vote: 27 - Urgency
SENATE NATURAL RESOURCES AND WATER COMM. : 6-0, 7/2/12
AYES: Pavley, La Malfa, Cannella, Fuller, Kehoe, Wolk
NO VOTE RECORDED: Evans, Padilla, Simitian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : 2012 Water Bond
SOURCE : Author
DIGEST : This bill (1) amends the chaptered versions of
SB 2X7 (Cogdill, Chapter 3, Statutes of 2009-10 Seventh
Extraordinary Session), AB 153 (Hernandez, Chapter 226,
Statutes of 2010), and AB 1265 (Caballero, Chapter 126,
Statutes of 2010) to delay the water bond to the November
4, 2014 ballot, (2) deletes the provisions specifying the
label, title, and summary to be included in the ballot
pamphlet, and (3) states that the bill calls an election
within the meaning of Article IV of the Constitution and
shall go into immediate effect.
ANALYSIS :
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Existing law:
1. Creates the Safe, Clean, and Reliable Drinking Water
Supply Act of
2012, 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.
2. Provides for the submission of the bond act to the
voters at the November 6, 2012 statewide general
election.
This bill:
1. Amends the chaptered versions of SB 2X7 (Cogdill), AB
153 (Hernandez), and AB 1265 (Caballero) to delay the
water bond to the November 4, 2014 ballot.
2. Deletes the provisions specifying the label, title, and
summary to be included in the ballot pamphlet.
3. States that the bill calls an election within the
meaning of Article IV of the Constitution and shall go
into immediate effect.
Background
SB 2X7 (Cogdill) was part of the water package passed in
the 2009-10 Seventh Extraordinary Session. The bill
proposed to place before the voters in November 2010, the
Safe, Clean, and Reliable Drinking Water Supply Act of
2010, which would authorize $11.14 billion in general
obligation bonds to fund various water resources programs
and project. The funding is as follows:
$455 M Chapter 5.Drought Relief
$1,050 Chapter 6.Water Supply Reliability
$2,250 Chapter 7.Delta Sustainability
$3,000 Chapter 8.Statewide Water System
Operational Improvement
$1,785 Chapter 9.Conservation And Watershed
Protection
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$1,000 Chapter 10.Groundwater Protection And
Water Quality
$1,250 Chapter 11.Water Recycling Program
$11,140 M Total
SB 2X7 also specified the label, title, and summary to be
included in the ballot pamphlet.
Provisions of the proposed water bond were amended twice in
2010:
AB 153 (Hernandez) amended the provisions governing
allowable uses of funds for the San Gabriel Valley
groundwater clean-up program.
AB 1265 (Caballero) delayed the placement of the water
bond before voters to the November 6, 2012 general
election, changed the title of the bond to the Safe,
Clean, and Reliable Drinking Water Supply Act of 2012,
and made conforming changes throughout the bill. The
bill also amended the provisions governing joint power
authority (JPA) participation in surface storage
projects.
Both bills also included provisions regarding how the
Secretary of State was to incorporate the amendments made
by those bills into the measure placed before the voters.
In January 2011, the Court of Appeal of the State of
California, in Jarvis v Bowen, wrote: "The question posed
is whether, in enacting the 'Safe, Reliable, High-Speed
Passenger Train Bond Act for the 21st Century' to submit
the measure to voters as Proposition 1A at the November 4,
2008 general election, the Legislature acted lawfully when
it specified the ballot label, title and summary to be used
and precluded the Attorney General from revising the
language other than to include a financial impact
statement. The answer is 'No.'" "Simply stated, the
Legislature cannot dictate the ballot label, title and
official summary for a statewide measure ?"
Article IV, Section 8, subdivision (c), paragraph (3) of
the California Constitution states, "Statutes calling
elections, statutes providing for tax levies or
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appropriations for the usual current expenses of the State,
and urgency statutes shall go into effect immediately upon
their enactment."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/2/12)
Association of California Water Agencies
Audubon California
Calaveras County Water District
California Alliance for Jobs
California Association of Sanitation Agencies
California Building Industry Association
California Chamber of Commerce
California Conference of Carpenters
California Farm Bureau Federation
California Municipal Utilities Association
California Water Association
Calleguas Municipal Water District
Castaic Lake Water Agency
CH2M HILL
Cucamonga Valley Water District
Dublin San Ramon Services District
Eastern Municipal Water District
Friant Water Authority
Glendale Water and Power
Imperial Irrigation District
Inland Empire Utilities Agency
Kern County Water Agency
Las Virgenes Municipal Water District
Latino Water Coalition
Los Angeles Department of Water and Power
Metropolitan Water District of Southern California
Mojave Water Agency
Municipal Water District of Orange County
Northern California Water Association
Orange County Water District
San Diego County Water Authority
San Francisco Public Utilities Commission
San Gabriel Basin Water Quality Authority
Santa Clara Valley Water District
Sonoma County Water Agency
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The Nature Conservancy
Three Valleys Municipal Water District
United Water Conservation District
Upper San Gabriel Valley
WateReuse California
Western Growers Association
Western Municipal Water District
Westlands Water District
ARGUMENTS IN SUPPORT : According to a coalition of water
and business interests, "Although voters do agree that
investments in water infrastructure and environmental
restoration enhancements are needed, 2012 is not the year
to pass a water bond. This is in part because of the
current state of the economy. The key is to pass a simple
bill to delay the bond to 2014.
CTW:m 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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