Amended in Assembly April 23, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1331

Introduced by begin delete Assembly Member Hueso end delete begin insert Committee on Water, Parks and Wildlife (Assembly Members Rendon (Chair), Blumenfield, Bocanegra, Fong, Frazier, Gatto, Gomez, Gray, and Yamada) end insert

February 22, 2013

An act begin delete to amend Section 33139 of the Water Code, relating to drainage. end delete begin insert relating to water resources. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1331, as amended, begin delete Hueso end delete   begin insert Committee on Water, Parks and Wildlife end insert . begin delete Drainage: Coachella Valley County Water District. end delete begin insert Water resources: Bay-Delta sustainability. end insert

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Existing law establishes various policies of the state relative to the Sacramento-San Joaquin Delta.

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This bill would express findings and declarations including, among other things, that the November 2014 ballot currently includes a bond measure for $11.14 billion to fund projects related to water, and that it is in the public interest to pass a general obligation bond that includes, but is not limited to, grants and loans to state and local agencies to help fund needed improvements to Delta sustainability, healthy watersheds, and aquatic ecosystems. The bill would additionally require the Delta Stewardship Council, on or before July 1, 2014, to initiate and complete a comprehensive study on the financial needs for state funding for implementation of the Delta Plan.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION end insert begin insert 1. end insert   

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begin insert The Legislature finds and declares all of the
following: end insert

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(a) The November 2014 ballot currently includes a bond
measure for $11.14 billion to fund projects related to water supply
reliability, water quality, Sacramento-San Joaquin Delta
sustainability, watershed conservation and protection, and water
recycling.

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(b) The watersheds and aquatic ecosystems of California are
unique and irreplaceable environmental and economic resources,
including the Sacramento-San Joaquin Delta, the largest estuary
on the west coast. Investments in the state’s watersheds can provide
regional and statewide benefits for cities, farms, industries, and
wildlife, including protecting water quality and sustainability,
improving flood control, and providing habitat and recreation.

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(c) It is in the public interest to pass a general obligation bond
that includes, but is not limited to, grants and loans to state and
local agencies to help fund needed improvements to Delta
sustainability, healthy watersheds, and aquatic ecosystems. In
order to balance and prioritize the appropriate amount of state
funding necessary to accomplish these improvements, the
Legislature requires additional information.

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begin insert SEC. 2. end insert   

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After adoption of the Delta Plan, as required by Section
85300 of the Water Code, the Delta Stewardship Council shall
initiate and complete a comprehensive study of the financial needs
for state funding for implementation of the Delta Plan. The council
shall report to the Legislature on the Delta’s financing needs by
July 1, 2014.

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SECTION 1.  

Section 33139 of the Water Code is amended to
read:

33139.  

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

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