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 motionbegin insert made on or after January 1, 2015,end insert levying a replenishment assessment pursuant to those provisions be commenced withinbegin delete 120end deletebegin insert
180end insert days of the adoption of the resolution or motion. The bill would also require that an actionbegin insert brought on or after January 1, 2015,end insert
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:
Section 60317 of the Water Code is amended to
2read:
(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 commencing the following July 1st, and the
10replenishment assessment shall be fixed by the board at a uniform
11rate per acre-foot of groundwater produced. The producers of that
12groundwater shall pay the replenishment assessment to the district
13at the times and in the manner provided in this division. That part
14of the
assessment levied pursuant to the determination provided
15in subdivision (c) of Section 60316, exclusive of any part of the
16assessment for district administrative and overhead expenses, shall
17not exceed 50 percent of the average assessment levied for the
18current and four preceding fiscal years pursuant to determinations
19under subdivisions (a) and (b) of Section 60316, exclusive of any
20part of the assessment for district administrative and overhead
21expenses.
22(b) A judicial action or proceeding to attack, review, set aside,
23void, or annul a resolution or motionbegin insert made on or after January 1,
242015,end insert levying a replenishment assessment pursuant to this part
25shall be commenced withinbegin delete 120end deletebegin insert
180end insert days following the adoption
26of the resolution or motion.
27(c) An actionbegin insert brought on or after January 1, 2015,end insert under this
28section shall be brought pursuant tobegin delete Chapter 9 (commencing with Title 1 (commencing with
29Section 860) of Title 10 of Part 2 of, orend delete
30Section 1067) of Part 3begin delete of,end deletebegin insert ofend insert the Code of Civil Procedure.
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