California Legislature—2013–14 Regular Session

Assembly Bill No. 2662

Introduced by Assembly Member Gatto

February 21, 2014

An act to add Section 10156 to the Public Utilities Code, relating to the Silver Lake Reservoir.

LEGISLATIVE COUNSEL’S DIGEST

AB 2662, as introduced, Gatto. Silver Lake Reservoir: drainage: civil penalty.

Under existing law, a municipality or municipal corporation may operate as a public utility to supply its own water service.

This bill would require, if the Los Angeles Department of Water and Power drains the Silver Lake Reservoir and the reservoir is not filled with water to at least 80% of its water capacity within 18 months of being drained, the Los Angeles Department of Water and Power to pay a civil penalty in the amount of $100,000 per week for each week that the Silver Lake Reservoir is not filled with water to at least 80% of its water capacity to the City of Los Angeles to mitigate the effects of the drainage of the Silver Lake Reservoir on the Silver Lake neighborhood.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Silver Lake Reservoir.

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

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

SECTION 1.  

Section 10156 is added to the Public Utilities
Code, to read:

10156.  

(a) If the Los Angeles Department of Water and Power
drains the Silver Lake Reservoir, the reservoir shall be filled with
water to at least 80 percent of its water capacity within 18 months
of being drained.

(b) If the reservoir is not filled as required pursuant to
subdivision (a), the Los Angeles Department of Water and Power
shall pay a civil penalty in the amount of one hundred thousand
dollars ($100,000) per week, for each week that the reservoir is
not filled with water to at least 80 percent of its water capacity, to
the City of Los Angeles to mitigate the effects of the drainage of
the Silver Lake Reservoir on the Silver Lake neighborhood.

(c) Funds paid pursuant to subdivision (b) shall not be payable
from rate-payer funds.

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances surrounding the
Silver Lake Reservoir and the effects drainage of the reservoir
would have on the surrounding community.