California Legislature—2013–14 Regular Session

Assembly BillNo. 2259


Introduced by Assembly Member Ridley-Thomas

February 21, 2014


An act to amend Section 60317 of the Water Code, relating to water replenishment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2259, as introduced, Ridley-Thomas. Water replenishment: assessments.

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.

This bill would require that a judicial action or proceeding to attack, review, set aside, void, or annul a resolution or motion levying a replenishment assessment pursuant to those provisions to be commenced within 90 days of the fiscal year commencing on July 1 next. The bill would also require that an action by a local agency or interested person regarding the replenishment assessment be brought pursuant to specified provisions regarding civil proceedings.

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

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

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SECTION 1.  

Section 60317 of the Water Code is amended to
2read:

3

60317.  

begin insert(a)end insertbegin insertend insert If the board determines that a replenishment
4assessment shall be levied upon the production of groundwater
5from groundwater supplies within the district during the ensuing
6fiscal year, immediately following the making of that determination
7the board shall levy a replenishment assessment on the production
8of groundwater from the groundwater supplies within the district
9during the fiscal year commencing on July 1st next, and the
10replenishment assessment shall be fixed by the board at a uniform
11rate per acre-foot of groundwater so produced. The producers of
12that groundwater shall pay the replenishment assessment to the
13district at the times and in the manner provided in this division.
14That part of the assessment levied pursuant to the determination
15provided in subdivision (c) of Section 60316, exclusive of any part
16begin delete thereofend deletebegin insert of the assessmentend insert for district administrative and overhead
17expenses, shall not exceed 50 percent of the average assessment
18levied for the current and four preceding fiscal years pursuant to
19determinations under subdivisions (a) and (b) of Section 60316,
20exclusive of any partbegin delete thereofend deletebegin insert of the assessmentend insert for district
21administrative and overhead expenses.

begin insert

22(b) A judicial action or proceeding to attack, review, set aside,
23void, or annul a resolution or motion levying a replenishment
24assessment pursuant to this part shall be commenced within 90
25days of the fiscal year commencing on July 1 next.

end insert
begin insert

26(c) An action by a local agency or interested person under this
27section shall be brought pursuant to Chapter 9 (commencing with
28Section 860) of Title 10 of Part 2 of, or Title 1 (commencing with
29Section 1067) of Part 3 of, the Code of Civil Procedure.

end insert


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