Amended in Assembly May 19, 2014

Senate BillNo. 26


Introduced by Senator Correa

December 3, 2012


begin deleteAn act to amend Section 84305.5 of the Government Code, relating to the Political Reform Act of 1974. end deletebegin insertAn act to amend Section 2 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), relating to water.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 26, as amended, Correa. begin deletePolitical Reform Act of 1974: slate mailers. end deletebegin insertOrange County Water District Act: district powers.end insert

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Existing law, the Orange County Water District Act, prescribes the powers of the Orange County Water District. Existing law grants the district the power to perform actions useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district.

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This bill would prohibit the district from entering into a real property lease agreement with a nongovernmental entity for purposes not useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district, unless the agreement is approved by the city council in which the real property is located, if the real property is located within a city.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.

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The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other information in specified formatting. The act also requires a notice to voters in a specified type and color or print consisting of a prescribed statement be included on a side or surface of the slate mailer.

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This bill would modify the font and type specifications with respect to the slate mailer organization or committee identification requirement and would revise the placement and font size and color specifications with respect to the prescribed notice to voters.

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Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.

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By making the format requirements of slate mailers more restrictive, this bill would impose a state-mandated local program.

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The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.

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This bill would declare that it furthers the purposes of the act.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2 of end insertbegin insertthe Orange County Water District
2Act
end insert
begin insert (Chapter 924 of the Statutes of 1933), as amended by Chapter
3802 of the Statutes of 1989, is amended to read:end insert

4

Sec. 2.  

The “Orange County Water District” shall have the
5following powers:

6(1) To have perpetual succession.

7(2) To sue and be sued, except as otherwise provided herein or
8by law, in all actions and proceedings in all courts and tribunals.

9(3) To adopt a seal and alter it at pleasure.

P3    1(4) To take by grant, purchase, gift, devise, or lease, to hold,
2use and enjoy, and to lease, convey, or dispose of, real and personal
3property of every kind, within or without the district, necessary or
4convenient to the full exercise of its powers.

5(5) Within or outside of the district to construct, purchase, lease,
6or otherwise acquire, and to operate and maintain necessary
7waterworks and other works, machinery, facilities, canals, conduits,
8waters, water rights, spreading grounds, lands, rights and privileges
9useful or necessary to replenish the underground water basin within
10the district, or to augment and protect the quality of the common
11water supplies of the district, and purposes incidental thereto.begin insert The
12district shall not enter into a real property lease agreement with
13a nongovernmental entity for purposes not useful or necessary to
14replenish the underground water basin within the district, or to
15augment and protect the quality of the common water supplies of
16the district, unless the agreement is approved by the city council
17in which the real property is located, if the real property is located
18within a city.end insert

19(6) For the common benefit of the district and for the purpose
20of managing the groundwater basin and managing, replenishing,
21regulating, and protecting the groundwater supplies within the
22begin delete districtend deletebegin insert district,end insert to exercise the following powers:

23(a) Provide for the conjunctive use of groundwater and surface
24water resources within the district area.

25(b) Store water in underground water basins or reservoirs within
26or outside of the district.

27(c) Regulate and control the storage of water and the use of
28groundwater basin storage space in the groundwater basin within
29the district and pursuant to the provisions set forth in Section 2.1
30to (1) determine the amount of storage space available in the
31groundwater basin within the district, (2) allocate that available
32groundwater storage space, and (3) enter into groundwater storage
33agreements, provided that the district shall have no authority under
34the provisions of this section, except the provisions of paragraph
35(l) of this subdivision, to limit the extraction of groundwater within
36the district, except to the extent that a party may agree thereto
37underbegin delete any suchend deletebegin insert theend insert groundwater storage or other agreement.

38(d) Appropriate and acquire water and water rights within or
39outside of the district.

40(e) Purchase and import water into the district.

P4    1(f) Conserve and reclaim water within or outside of the district.

2(g) Buy and sell water atbegin delete suchend delete rates as shall be determined by
3the board of directors.

4(h) Exchange water.

5(i) Distribute water to persons in exchange for ceasing or
6reducing groundwater extractions.

7(j) Transport, reclaim, purify, treat, inject, extract, or otherwise
8manage and control water for the beneficial use of persons or
9property within the district and to improve and protect the quality
10of the groundwater supplies within the district.

11(k) Fix the terms and conditions of any contract under which
12owners or operators of water-producing facilities within the district
13may agree to use water from an alternative nontributary source in
14lieu of groundwater, and to thatbegin delete endend deletebegin insert end,end insert the district may become
15a party tobegin delete such aend deletebegin insert thatend insert contract and may pay from district funds that
16portion of the cost of water from an alternate source as will
17encourage the purchase and use of the same in lieu of producing
18groundwater, as long as persons or property within the district are
19directly or indirectly benefited by the resulting replenishment.

20(l) Fix the terms and conditions of any contract under which the
21owner or operator of a water-producing facility within the district
22may agree to increase the production of groundwater in lieu of
23water from an alternative nontributary source for the purpose of
24removing contaminants or pollutants from the groundwater basin.
25The district may become a party to that contract and may pay from
26 district funds that portion of the cost of the groundwater production
27as will encourage the production for beneficial use of polluted or
28contaminated groundwater, as long as that pollution or
29contamination is impairing the quality of the water supplies within
30the district and the quality of the water supplies within the district
31will be improved by that production.

32(m) Determine in the manner herein provided the amount and
33percentage of water produced from the groundwater supplies within
34the district to the total amount of water produced within the district
35by all persons and operators, including the total amount of water
36from supplemental sources; require that persons and operators
37produce more or less of their total water needs from the
38groundwater within the district than the basin production
39percentage determined by the district as provided herein; levy a
40basin equity assessment, which may be uniform or nonuniform in
P5    1amount as determined by the board of directors of the district, on
2each person and operator who produces more water from the
3groundwater within the district; and to compensate other persons
4and operators who are directed by the district to produce less than
5the basin production percentage from groundwater within the
6district.

7(7) To provide for the protection and enhancement of the
8environment within and outside the district in connection with the
9water activities of the district.

10(8) To provide, by agreement with other public agencies or
11private persons or entities or otherwise, for the recreational use of
12the lands, facilities, and works of the district which shall not
13interfere, or be inconsistent, with the primary use and purpose of
14the lands, facilities, and works by the district.

15(9) To carry out the purposes of this act, to commence, maintain,
16intervene in, defend, and compromise, in the name of the district,
17or otherwise, and to assume the costs and expenses of any and all
18actions and proceedings now or hereafter begun to prevent
19interference with water or water rights used or useful to lands
20within the district, or diminution of the quantity or pollution or
21contamination of the water supply of the district, or to prevent
22unlawful exportation of water from the district, or to prevent any
23interference with the water or water rights used or useful in the
24district which may endanger or damage the inhabitants, lands, or
25use of water in the district; provided, however, that the district
26shall not have power to intervene or take part in, or to pay costs
27or expenses of, actions or controversies between the owners of
28lands or water rights all of which are entirely within the boundaries
29of the district and which do not involve pollution or contamination
30of water within the district or exporting water outside of the
31district’s boundaries or any threat thereof.

32(10) To exercise the right of eminent domain to take any
33property necessary to the exercise of any of the powers granted
34by this act, except that the district shall not have the right of
35eminent domain as to water, water rights, reservoirs, pipelines,
36water distributing systems, waterworks, or powerplants, all or any
37of which are already devoted to beneficial or public use and located
38within the watershed of the Santa Ana River, and excepting further
39from the exercise of the right of eminent domain by the district
40any property maintained and actually used for the scientific
P6    1propagation and study of plantlife. No language or provision of
2this act, or of this subdivision, shall be interpreted or construed so
3as to limit or abridge the right of the district, or its board of
4directors, to exercise its right of eminent domain to condemn
5property at any place within the Santa Ana River watershed for
6rights-of-ways upon and across and under which to construct
7pipelines, conduits,begin delete tunnels and/or aqueductsend deletebegin insert tunnels, aqueducts,
8or any combination thereof,end insert
necessary or convenient for any of
9the purposes of the district provided the property sought to be
10condemned for the purposes is not already being used by other
11corporations, municipalities, districts, or individuals for similar
12purposes; providing, however, that neither the district nor its board
13of directors shall have power to enter in or upon the Mojave River
14or any of its tributaries or appropriate, take, or condemn any of
15the water or the right to the use of any of the water of the Mojave
16River or any of its tributaries; nor shall anything in this act be
17deemed as authorizing or empowering the district or its board of
18directors to so do.

19(11) The district shall, in addition to the other powersbegin delete hereinend delete
20 granted by this act, have the following rights and powers: to act
21 jointly with or cooperate with the United States or any agency
22begin delete thereofend deletebegin insert of the United Statesend insert, the State of California or any agency
23begin delete thereofend deletebegin insert of the stateend insert, any county of the State of California, districts
24of any kind, public and private corporations, and any person or
25persons, to carry out the provisions and purposes of this act. In
26those joint or cooperative activities, the district may act within or
27outside of its boundaries.

28(12) To cause assessmentsbegin delete and/or chargesend deletebegin insert or charges, or both,end insert
29 to be levied asbegin delete hereinafterend delete providedbegin insert in this actend insert to accomplish the
30purposes of this act.

31(13) To make contracts, to employbegin delete laborend deletebegin insert labor,end insert and to do all
32acts necessary for the full exercise of the foregoing powers.

33(14) To carry on technical and other investigations of all kinds,
34necessary to carry out this act, and for this purpose the district
35shall have the right of access through its authorized representative
36to all properties within the district.

37begin insert

begin insertSEC. 2.end insert  

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The Legislature finds and declares that a special law
38is necessary and that a general law cannot be made applicable
39within the meaning of Section 16 of Article IV of the California
P7    1Constitution because of the unique parcels of land in the County
2of Orange and the need to ensure that the land is properly leased.

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3

SECTION 1.  

Section 84305.5 of the Government Code is
4amended to read:

5

84305.5.  

(a) No slate mailer organization or committee
6primarily formed to support or oppose one or more ballot measures
7shall send a slate mailer unless:

8(1) The name, street address, and city of the slate mailer
9organization or committee primarily formed to support or oppose
10one or more ballot measures are shown on the outside of each piece
11of slate mail and on at least one of the inserts included with each
12piece of slate mail in no less than 10-point black roman type against
13a solid white background so as to be easily legible. A post office
14box may be stated in lieu of a street address if the street address
15of the slate mailer organization or the committee primarily formed
16to support or oppose one or more ballot measure is a matter of
17public record with the Secretary of State’s Political Reform
18Division.

19(2) On each side or surface where any candidate or ballot
20measure that has paid to appear in the slate mailer appears, there
21is a notice in at least 10-point black roman boldface type, against
22a solid white background so as to be easily legible, and in a printed
23or drawn box and set apart from any other printed matter. The
24notice shall consist of the following statement:


25

 

 

 

NOTICE TO VOTERS

 
   
 

 THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *.

 
   
P7   38

 

39(3) The name, street address, and city of the slate mailer
40organization or committee primarily formed to support or oppose
P8    1one or more ballot measures as required by paragraph (1) and the
2notice required by paragraph (2) may appear on the same side or
3surface of an insert.

4(4) Each candidate and each ballot measure that has paid to
5appear in the slate mailer is designated by an *. Any candidate or
6ballot measure that has not paid to appear in the slate mailer is not
7designated by an *.

8The * required by this subdivision shall be of the same type size,
9type style, color or contrast, and legibility as is used for the name
10of the candidate or the ballot measure name or number and position
11advocated to which the * designation applies except that in no case
12shall the * be required to be larger than 10-point boldface type.
13The designation shall immediately follow the name of the
14candidate, or the name or number and position advocated on the
15ballot measure where the designation appears in the slate of
16candidates and measures. If there is no slate listing, the designation
17shall appear at least once in at least 8-point boldface type,
18immediately following the name of the candidate, or the name or
19number and position advocated on the ballot measure.

20(5) The name of any candidate appearing in the slate mailer
21who is a member of a political party differing from the political
22party which the mailer appears by representation or indicia to
23represent is accompanied, immediately below the name, by the
24party designation of the candidate, in no less than 9-point roman
25type which shall be in a color or print that contrasts with the
26background so as to be easily legible. The designation shall not
27be required in the case of candidates for nonpartisan office.

28(b) For purposes of the designations required by paragraph (4)
29of subdivision (a), the payment of any sum made reportable by
30subdivision (c) of Section 84219 by or at the behest of a candidate
31or committee, whose name or position appears in the mailer, to
32the slate mailer organization or committee primarily formed to
33support or oppose one or more ballot measures, shall constitute a
34payment to appear, requiring the * designation. The payment shall
35also be deemed to constitute authorization to appear in the mailer.

36

SEC. 2.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P9    1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.

5

SEC. 3.  

The Legislature finds and declares that this bill furthers
6the purposes of the Political Reform Act of 1974 within the
7meaning of subdivision (a) of Section 81012 of the Government
8Code.

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