BILL ANALYSIS Ó AB 2446 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2446 (Waldron) As Amended May 28, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 15, 2014) |SENATE: |35-0 |(August 11, | | | | | | |2014) | ----------------------------------------------------------------- Original Committee Reference: W., P. & W. SUMMARY : Makes permanent provisions of law that authorize the San Luis Rey Water District (District) to levy standby assessments or availability charges. The Senate amendments delete the sunset date. EXISTING LAW : 1)Authorizes a municipal water district (MWD) by ordinance, pursuant to the notice, protest, and hearing requirements put in place by Proposition 218 of 1996, to establish a water standby assessment or availability charge in the District or in any improvement district each fiscal year, to which water is made available by the District, whether the water is actually used or not. 2)Prohibits the standby assessment or availability charge from exceeding $10 per acre per year for each area of land the charge is levied or $10 per year for a parcel less than one acre. 3)Establishes a section of law only applicable to the District, until January 1, 2015, because of the unique and special water management problems of those areas included within the District, as follows: a) Prohibits, for any improvement district in the District, the standby assessment for availability charge from exceeding $30 per acre per year for land on which the charge is levied or $30 per year for a parcel less than one acre; and, b) Requires, in the improvement district, the proceeds from AB 2446 Page 2 any standby assessment or availability charge in excess of $10 per acre per year or $10 per year for a parcel less than one acre to only be used for the purposes of that improvement district. 4)Establishes the same exception as 3) above, to the $10 limit for any improvement district within the Eastern MWD, Western MWD of Riverside County, Elsinore Valley MWD, Rincon Del Diablo MWD, Ramona MWD, Rainbow MWD, Lake Hemet MWD, and the Otay MWD, except with no sunset date. 5)Requires the ordinance fixing a standby assessment or availability charge to be adopted by the board pursuant to the notice, protest, and hearing procedures put in place by Proposition 218. AS PASSED BY THE ASSEMBLY , this bill: 1)Extended the authority for the District to levy standby assessments or availability charges from January 1, 2015, to January 1, 2020. 2)Specified that the proceeds from any standby assessment or availability charge are to be used for the purposes of management of local water supply and its quality. FISCAL EFFECT : None COMMENTS : 1)Current law and purpose of this bill. Current law establishes for the District until January 1, 2015, a higher cap on standby assessments and availability charges at $30 per acre per year for land on which the charge is levied or $30 per year for a parcel less than one acre, instead of the $10 cap in place for most other MWDs. Current law also requires that the proceeds from any standby assessment or availability charge in excess of $10 per acre per year or $10 per year for a parcel less than one acre are only to be used for the purposes of that improvement district. This bill extends the District's authority to levy standby AB 2446 Page 3 assessments or availability charges, and deletes the January 1, 2015, sunset date thereby making the provision permanent. This bill also specifies that the proceeds from any standby assessment or availability charge only are to be used for the purposes of management of local water supply and its quality. This bill is sponsored by the District. 2)San Luis Rey Municipal Water District. The District covers approximately five square miles in the unincorporated north San Diego County area and has an elected five-member Board of Directors. According to the San Diego Local Agency Formation Commission's 2013 Special Districts' Directory, "The District was formed in 1958 to assist property owners who benefit from the water resources of the San Luis Rey River and the Pala and Bonsall Drainage Basins. The District funds legal activities to protect water and water storage rights of district landowners. The District is not authorized to provide potable or untreated water service. The District has neither water-related infrastructure nor access to local or imported water resources. Landowners in the District rely on private wells. The area is developed primarily with agricultural uses and the only source of water for agricultural or domestic use is the San Luis Rey River (River) and the groundwater basins, which the River supplies. The District levied a property tax rate before the tax limitations of Proposition 13 [of 1978] were imposed; however, the increment of property tax revenue is insufficient to fund the District's services and the District Board has imposed a water availability charge to generate revenue." According to the District, "?District functions are at an all-time high level of importance, given ongoing and record-breaking drought conditions. Historical and ongoing examples of the District taking action in furtherance of its functions for landowner interests include: a) water-quality testing; b) analysis of projects with environmental impacts that may relate to water supply and quality; and, c) encouraging landowners to comply with State requirements regarding water diversion measurements and reporting." 3)Previous legislation. SB 1157 (Bergeson), Chapter 662, Statutes of 1989, put in place the original authorization for AB 2446 Page 4 the District to levy higher standby assessments and availability charges until January 1, 2000. SB 807 (Agriculture and Water Resources Committee), Chapter 779, Statutes of 1999, extended the authority from January 1, 2000, to January 1, 2005. AB 2733 (Strickland), Chapter 535, Statutes of 2004, extended the authority from January 1, 2005, to January 1, 2015. The Legislature has extended this sunset date twice, and has granted several other municipal water districts the same authority to charge up to $30 permanently. 4)Proposition 218. Proposition 218 amended the California Constitution to limit local officials' powers to levy benefit assessments and classified standby charges as benefit assessments. Current law requires the District to comply with Proposition 218 when doing a standby or availability charge. Notice, protest, and hearing requirements for new, extended, or increased assessments are governed by Proposition 218, which involves mailed protest ballots to all assessed property owners, a 45-day protest period, and a public hearing at which protests are counted and the presence or absence of a majority protest is determined. After complying with notice, protest, and hearing requirements, if a majority protest is not received from property owners, the legislative body may adopt a resolution to establish the assessment district and levy the assessment. 5)Policy considerations. Supporters of this bill argue that there has never been protest in the District to the availability charges the District has levied. The Legislature may wish to consider if the additional language which states that the proceeds from any standby assessment or availability charge should only be used for the purposes of "management of local water supply and its quality" instead of keeping it at the improvement district which will potentially open the District up to litigation. Case law under Proposition 218 is constantly evolving and closely examining and redefining relevant definitions. 6)Arguments in support. Supporters argue that this bill extends the District's long-standing fiscal integrity by renewing the existing authority that will sunset in 2015 and that the District will be able to continue to provide important services on behalf of landowners. AB 2446 Page 5 7)Arguments in opposition. None on file. Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916) 319-3958 FN: 0004161