SB 429, as introduced, Hernandez. San Gabriel Basin Water Quality Authority Act.
Existing law, the San Gabriel Basin Water Quality Authority Act, establishes the San Gabriel Basin Water Quality Authority and provides for its powers and duties. Existing law repeals the act on July 1, 2017. Upon the act’s repeal, existing law prescribes various requirements for the administration of the authority’s debts and assets.
This bill would extend the July 1, 2017, date of repeal of the act to July 1, 2030, thereby imposing a state-mandated local program by extending the period of time in which the authority and other local public entities are required to carry out various duties under the act.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1 of the San Gabriel Basin Water Quality
2Authority Act (Chapter 404 of the Statutes of 2007) is amended
3to read:
Section 706 of the San Gabriel Basin Water Quality
5Authority Act (Chapter 776 of the Statutes of 1992), as amended
6by Section 3 of Chapter 192 of the Statutes of 2003, is amended
7to read:
(a) Except as provided in this section, this act shall
9remain in effect only until July 1,begin delete 2017end deletebegin insert 2030end insert, and as of that date
10is repealed, unless a later enacted statute, which is enacted before
11July 1,begin delete 2017end deletebegin insert 2030end insert, deletes or extends that date.
12(b) Upon the repeal of this act, the assets and debts of the
13authority shall be administered as follows:
14(1) The Los Angeles Regional Water Quality Control Board
15shall dispose of the property and assets as appropriate. The Los
16Angeles Regional Water Quality Control Board shall receive
17reimbursement for actual costs incurred related to the disposition
18of the property and assets. The cost recovery shall be from the
19proceeds of the disposition pursuant to this section. The proceeds,
20if any, of the disposition shall be transferred to the Treasurer to be
21applied to pay the debts of the authority and, if any proceeds
22remain, shall be transferred to the Treasurer for deposit in the
23Hazardous Substance Cleanup Fund for use in financing
24groundwater contamination investigation and remediation in the
25basin. Preference shall be given in the disposition of assets of the
26authority to transfers to producers who may be able to use the
27assets for the benefit of water distribution systems and to provide
28for continued operation and maintenance of the assets in order to
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further the purposes of this act.
30(2) The Treasurer shall administer the payment of debts of the
31authority. The Treasurer shall apply the proceeds from the
32disposition of assets to the payment of the debts. If debts remain
33after application of the proceeds from disposition of assets, the
34Treasurer may continue to collect, in lieu of the authority, the
35pumping right assessments authorized underbegin delete either (A) Section Section 605
36602 if the debt relates to administrative costs or (B)end delete
37if the debt is to repay warrants, notes, bonds, and other evidences
38of indebtednessbegin delete, or both,end delete to make payments pursuant to leases or
P3 1installment sale agreements in connection with certificates of
2participation, to pay for operation and maintenance costs of
3facilities, and to make payments pursuant to any
other financial
4obligations. All provisions set forth in Article 6 (commencing with
5Section 601) relating to the levy and collection of the pumping
6right assessments are not repealed and shall continue in effect until
7the debts of the authority are paid, as determined by the Treasurer,
8who shall notify the Secretary of State. Upon receipt by the
9Secretary of State of the Treasurer’s notice, Article 6 (commencing
10with Section 601) is repealed. The Treasurer’s authority to levy
11and collect assessments under this act is limited according to the
12provisions of this act and shall cease when all debts of the authority
13have been paid.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district are the result of a program for which legislative authority
18was requested by that local agency or school district, within the
19meaning of Section 17556 of the Government Code and Section
206 of Article XIII B of the California Constitution.
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