BILL NUMBER: AB 2189 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
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 amended, 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
identify water-producing facilities within the district that would be
subject to the proposed replenishment assessment and give
written notice by mail to operators the
owners of those water-producing facilities
within the district that would be subject to the proposed
replenishment assessment facilities , 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 owner of a
water-producing facility to submit a written protest opposing the
replenishment assessment and would prohibit the board from imposing
the a replenishment assessment
assessment that exceeds the rate of the prior fiscal
year, as specified, if a majority protest exists, as
specified exists . 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 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 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. 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, 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 fourth Tuesday of May for the
purpose of considering the board's determination regarding whether
and to what extent the estimated costs 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, 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 the water-producing facilities within the
district from which the groundwater is produced as the facilities
that would be subject to the proposed replenishment assessment
, and give written notice by mail to, operators
owners of those water-producing
facilities within the district that would be subject to the proposed
replenishment assessment facilities . 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 rate of the
replenishment assessment proposed to be imposed on each
parcel water-producing facility .
(2) The basis upon which the replenishment assessment rate
was calculated, as determined by the board pursuant to
subdivision (f) (e) .
(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)
(c) An operator owner 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 Each protest shall be weighted based on the
amount of groundwater produced from the water-producing facility in
the prior water year, as reported pursuant to Section 60326 or
60326.1, as applicable .
(e)
(d) 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 a replenishment
assessment that exceeds the rate of the prior fiscal year if the
replenishment assessment for the prior fiscal year is in compliance
with Section 60306.5 . 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 total weighted votes,
determined by the total amount of groundwater produced from the
water-producing facility in the prior water year, as reported
pursuant to Section 60326 or 60326.1, as applicable .
(f)
(e) 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 by the district to
purchase the replenishment water, to remove contaminants from the
groundwater supplies of the district, or to exercise any other power
under Section 60224 provide services to the
water-producing facilities within the district, as
authorized by this part .
(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 the
purposes for which the replenishment assessment was imposed, as
authorized by this part .
(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
water-producing facility for a service unless that service is
actually used by, or immediately available to, that person
water-producing facility . Replenishment
assessments based on the cost of potential or future
use of a service services 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
not directly related to the district's services to
water-producing facilities, as authorized by this part .
SEC. 4. Section 60307 of the Water Code is amended to read:
60307. 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, presiding
officer, or hearing officer but shall be completed by the second
Tuesday of the following June of May .
SEC. 5. Section 60315 of the Water Code is amended to read:
60315. No later than the second Tuesday in 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 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 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 purchased.
(n) The estimated costs of purchasing, in water years succeeding
the ensuing water year, that portion of the quantity of water that
should be purchased for the replenishment of the groundwater supplies
of the district during the ensuing water year, but 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 that should be purchased for the replenishment of
the groundwater supplies of the district during the ensuing water
year, but 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 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 the estimated reserve funds on hand at the end of
the current fiscal year 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 and
the district has complied with Section 60306 , 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 the
following July 1, and the replenishment assessment shall be fixed by
the board at a rate per acre-foot of groundwater produced in
compliance with Section 60306.5 . The 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 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 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.