Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1331


Introduced by Assembly Member Hueso

February 22, 2013


An act to amend Sectionbegin delete 12307end deletebegin insert 33139end insert of the Water Code, relating tobegin delete water resourcesend deletebegin insert drainageend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1331, as amended, Hueso. begin deleteDelta flood protection: environmental mitigation. end deletebegin insertDrainage: Coachella Valley County Water District.end insert

begin insert

The County Water District Law governs the operations of the Coachella Valley County Water District. The County Water District Law authorizes a district to drain and reclaim lands within the district either by surface or underground works or both and to acquire, by appropriation or other lawful means, and divert, store, conserve, transport, or dispose of water resulting from these activities. Under existing law, the district is authorized to raise funds by special assessment on benefited land in proportion to the benefits derived by the benefited lands, as prescribed.

end insert
begin insert

Article XIII C and Article XIII D of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Article XIII C and Article XIII D of the California Constitution.

end insert
begin insert

This bill would specify that the district is authorized to raise funds by special assessment pursuant to the Proposition 218 Omnibus Implementation Act, or by adopting prescribed property related fees and charges.

end insert
begin delete

Existing law requires the Natural Resources Agency, the Department of Water Resources, the Reclamation Board, and the Department of Fish and Wildlife to enter into a memorandum of understanding to coordinate the implementation of special flood control programs. Existing law requires that the memorandum of understanding provide that the Department of Fish and Wildlife enforce any mitigation requirements involving programs subject to these provisions.

end delete
begin delete

This bill would delete the Reclamation Board from these provisions and instead add the Central Valley Flood Protection Board. This bill would make related nonsubstantive changes.

end delete

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

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 33139 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

33139.  

Notwithstanding anything contained in this part, the
4surviving district may provide for and carry on the construction,
5operation, and maintenance of works, improvements, and functions
6authorized by the Storm Water District Act of 1909 either as
7authorized in that act or as authorized by this division. The district
8may raise funds for these purposes in any manner authorized or
9permitted by either the Storm Water District Act of 1909 or this
10division, and is specifically authorized to raise funds by special
11assessment on benefited land in proportion to the benefits derived
12by thebegin delete benefitedend deletebegin delete lands.end deletebegin insert benefitedend insertbegin insert lands pursuant to Section 53753
13of the Government Code, or by adopting fees and charges pursuant
14to Section 6 of Article XIII D of the California Constitution.end insert

begin delete
15

SECTION 1.  

Section 12307 of the Water Code is amended to
16read:

17

12307.  

(a) The Natural Resources Agency, the department,
18the Central Valley Flood Protection Board, and the Department
19of Fish and Wildlife shall enter into a memorandum of
20 understanding to coordinate the implementation of the programs
21subject to this chapter.

P3    1(b) The memorandum of understanding shall provide that the
2Department of Fish and Wildlife shall enforce any mitigation
3requirements involving programs subject to this chapter.

end delete


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