BILL NUMBER: AB 2189 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Garcia
FEBRUARY 20, 2014
An act to amend Sections 60305, 60306, 60307, 60315, and 60317 of,
and to add Section 60306.5 to, the Water Code, relating to water
replenishment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2189, as introduced, Garcia. Water replenishment districts:
replenishment assessment.
Article XIII D of the California Constitution generally requires
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 D of
the California Constitution. Existing law provides notice, protest,
and hearing procedures for the levying of new or increased fees and
charges by local government agencies pursuant to Article XIII D of
the California Constitution.
Existing law, the Water Replenishment District Act, provides for
the formation of water replenishment districts and grants authority
to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that
district. The act requires the governing board of each district to
follow specified procedural processes when determining whether to
assess, and the amount of, a replenishment assessment. The act
requires the board to hold a public hearing to determine whether and
to what extent a replenishment assessment should be levied and for
the board to provide public notice of the hearing in each affected
county, as specified. The act requires the board, after completing
the hearing, to make certain findings and determinations. If the
board determines that a replenishment assessment should be levied
upon the production of groundwater from groundwater supplies, the act
requires the board to fix the replenishment assessment at a uniform
rate per acre-foot of groundwater produced.
This bill would revise and recast these provisions to conform the
act to Article XIII D of the California Constitution. The bill would
require the board to make the specified findings and determinations
before holding the public hearing and would require the board to give
written notice by mail to operators of water-producing facilities
within the district that would be subject to the proposed
replenishment assessment, as specified. By requiring the board to
make the specified findings and determinations at an earlier date,
this bill would increase the duties of local officials and would
impose a state-mandated local program. The bill would require the
replenishment assessment be based upon the proportion of the costs
actually incurred by the assessed operator of a water-producing
facility. The bill would authorize an operator of a water-producing
facility to submit a written protest opposing the replenishment
assessment and would prohibit the board from imposing the
replenishment assessment if a majority protest exists, as specified.
The bill would prohibit a replenishment assessment from being
extended, imposed, or increased under certain conditions.
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 60305 of the Water Code is amended to read:
60305. On or before the second Tuesday in March of each year, and
provided the survey and report called for by Section 60300 has been
made, the board, by resolution, shall declare
board shall do all of the following:
(a) Declare, by resolution,
whether funds shall be raised to purchase water for replenishment
during the next ensuing fiscal year and whether the funds shall be
raised either by (a) a water charge, as provided in Chapter 2
(commencing with Section 60245) of Part 5, (b) a general assessment,
as provided in Chapter 3 (commencing with Section 60250) of Part 5,
(c) a replenishment assessment as provided in this chapter, or (d) a
combination of any two or more of the foregoing, and whether the
funds so to be raised, whether by a water charge,
a general assessment, a replenishment assessment
assessment, or a combination of those means, will benefit,
directly or indirectly, all of the persons or real property and
improvements within the district. The resolution shall also declare
whether funds shall be raised to remove contaminants from groundwater
supplies 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.
(b) Comply with the requirements of Section 60315.
(c) Comply with the requirements of Section 60316.
SEC. 2. 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, or to remove contaminants from the groundwater
supplies of the district, or to exercise any other power under
Section 60224, shall be raised by the levy of a replenishment
assessment, then and after the board makes
the findings and determinations required by Sections 60315 and 60316,
the board shall immediately publish a notice that a public
hearing will be held on the second Tuesday of April
fourth Tuesday of May for the purpose of
determining considering the board's
determination regarding whether and to what extent the
estimated costs thereof of purchasing
replenishment water, removing contaminants from the groundwater
supplies of the district, or exercising any other power under Section
60224 for the ensuing year shall be paid for by a
replenishment assessment. 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 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.
(b) In addition to the notice requirements of subdivision (a), the
board shall identify, and give written notice by mail to, operators
of water-producing facilities within the district that would be
subject to the proposed replenishment assessment. The notice shall be
provided at least 45 calendar days before the date of the hearing
and shall include all of the following:
(1) The proposed replenishment assessment to be imposed on each
parcel.
(2) The basis upon which the replenishment assessment was
calculated, as determined by the board pursuant to subdivision (f).
(3) The reason for the replenishment assessment.
(4) The date, time, and location of the public hearing required
pursuant to this section.
(c) To fulfill the requirements of subdivision (b), the board may
send a general notice to all operators of water-producing facilities
that would be subject to the proposed replenishment assessment and
may include on the general notice the different applicable rates that
apply to different areas of the district.
(d) An operator of a water-producing facility that would be
subject to the proposed water replenishment assessment may submit a
written protest to the board opposing the proposed replenishment
assessment. An operator of a water-producing facility that would be
subject to the proposed replenishment assessment may submit one
written protest for each parcel with a water-producing facility under
the operator's control that would be subject to the proposed
replenishment assessment.
(e) At the conclusion of the public hearing, the board shall
consider all written protests against the proposed replenishment
assessment and if a majority protest exists, the board shall not
impose the replenishment assessment. A majority protest exists if the
submitted written protests against the replenishment assessment
represent a majority of the number of parcels identified pursuant to
this subdivision.
(f) The board shall determine the amount of the proposed
replenishment assessment that would be imposed upon the operators of
water-producing facilities within the district. The assessment shall
be based upon the proportion of the costs actually incurred by the
assessed operator and may vary depending on the location of the
parcel.
SEC. 3. Section 60306.5 is added to the Water Code, to read:
60306.5. (a) A replenishment assessment shall not be extended,
imposed, or increased unless all of the following are met:
(1) Revenue derived from the replenishment assessment does not
exceed the funds required to purchase the replenishment water, to
remove contaminants from the groundwater supplies of the district, or
to exercise any other power under Section 60224.
(2) Revenue derived from the replenishment assessment is not used
for any purpose other than to purchase replenishment water, to remove
contaminants from groundwater supplies of the district, or to
exercise any other power under Section 60224.
(3) The amount of the replenishment assessment imposed upon a
parcel with a water-producing facility or any person as an incident
of ownership of a water-producing facility does not exceed the
proportional costs of the service attributable to the water-producing
facility. The proportional cost of the service attributable to the
water-producing facility shall be determined either based on the
basin the parcel with the water-producing facility overlies or by
zones of benefit determined by the board.
(b) A replenishment assessment shall not be imposed upon a person
for a service unless that service is actually used by, or immediately
available to, that person. Replenishment assessments based on
potential or future use of a service are not permitted.
(c) A replenishment assessment shall not be imposed for general
services that are provided to the public, including, but not limited
to, conservation and gardening programs, if the service is available
to the general public in substantially the same manner as it is
available to the operator of a water-producing facility.
SEC. 4. Section 60307 of the Water Code is amended to read:
60307. Said hearing The public hearing
required pursuant to this chapter shall be held before the
board and a quorum shall be present. The hearing may be adjourned
from time to time by the president or
president, presiding officer officer,
or hearing officer but shall be completed by the first
second Tuesday in May next
of the following June .
SEC. 5. Section 60315 of the Water Code is amended to read:
60315. Upon completing the hearing, but no
No later than the second Tuesday in May
March , the board shall, by resolution, find all of the
following:
(a) The annual overdraft for the preceding water year.
(b) The estimated annual overdraft for the current water year.
(c) The estimated annual overdraft for the ensuing water year.
(d) The accumulated overdraft as of the last day of the preceding
water year.
(e) The estimated accumulated overdraft as of the last day of the
current water year.
(f) The total production of groundwater from the groundwater
supplies within the district during the preceding water year.
(g) The estimated total production of groundwater from the
groundwater supplies within the district for the current water year.
(h) The estimated total production of groundwater from the
groundwater supplies within the district 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, and the effects
thereof of the changes in the pressure levels or
piezometric heights upon the groundwater supplies within the
district.
(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, and the estimated
effects thereof of the changes in the
pressure levels or piezometric heights upon the
groundwater supplies within the district.
(k) The quantity of water that should be purchased for the
replenishment of the groundwater supplies of the district during the
ensuing water year.
( l ) The source and estimated cost of water available
for the replenishment.
(m) The estimated costs of replenishing the groundwater supplies
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 that should be purchased for the
replenishment of the groundwater supplies of the district during the
ensuing water year, but which that is
estimated to be unavailable for purchase during the ensuing water
year; 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 during the ensuing fiscal year for the
purposes of accomplishing the replenishment and providing a reserve
fund to purchase in future years, when available, that portion of the
quantity of water which that should be
purchased for the replenishment of the groundwater supplies of the
district during the ensuing water year, but which
that is estimated to be unavailable for purchase during
that ensuing water year.
(p) Whether any contaminants should be removed from groundwater
supplies during the ensuing fiscal year, and whether any other
actions under Section 60224 should be undertaken during the ensuing
fiscal year, the estimated costs thereof of
removing contaminants from groundwater supplies or other actions
under Section 60224 , and the estimated additional rate of
replenishment assessment required to be levied upon the production of
groundwater from the groundwater supplies within the district during
the ensuing fiscal year for those purposes.
(q) Whether any program for removal of contaminants or other
actions 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 exceeds the annual reserve fund
limit determined pursuant to Section 60290.
SEC. 6. Section 60317 of the Water Code is amended to read:
60317. 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 groundwater supplies within the district during
the fiscal year commencing on July 1st next
the following July 1 , and the replenishment assessment shall
be fixed by the board at a uniform rate per
acre-foot of groundwater so produced. 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 replenishment assessment shall be
imposed upon each parcel with a water-producing facility within the
district and shall be paid by the operator of the water-producing
facility pursuant to the provisions of Chapter 4 (commencing with
Section 60325). The part of the assessment levied pursuant to
the determination provided in subdivision (c) of Section 60316,
exclusive of any part thereof of the
assessment 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 of the assessment for
district administrative and overhead expenses.
SEC. 7. 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.