Amended in Assembly April 1, 2014

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 amended, 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 withinbegin delete 90 days of the fiscal year commencing on July 1 nextend deletebegin insert 120 days of the adoption of the resolution or motionend insert. 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.  

(a) 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 commencingbegin delete on July 1st nextend deletebegin insert the following
10July 1stend insert
, and the replenishment assessment shall be fixed by the
11board at a uniform rate per acre-foot of groundwaterbegin delete soend delete produced.
12The producers of that groundwater shall pay the replenishment
13assessment to the district at the times and in the manner provided
14in this division. That part of the assessment levied pursuant to the
15determination provided in subdivision (c) of Section 60316,
16exclusive of any part of the assessment for district administrative
17and overhead expenses, shall not exceed 50 percent of the average
18assessment levied for the current and four preceding fiscal years
19pursuant to determinations under subdivisions (a) and (b) of Section
2060316, exclusive of any part of the assessment for district
21administrative and overhead expenses.

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 withinbegin delete 90
25days of the fiscal year commencing on July 1 nextend delete
begin insert 120 days
26following the adoption of the resolution or motionend insert
.

27(c) An action by a local agency or interested person under this
28section shall be brought pursuant to Chapter 9 (commencing with
29Section 860) of Title 10 of Part 2 of, or Title 1 (commencing with
30Section 1067) of Part 3 of, the Code of Civil Procedure.



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