BILL NUMBER: SB 429	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hernandez
   (Coauthors: Assembly Members Ian Calderon and Chau)

                        FEBRUARY 21, 2013

   An act to amend Section 1 of Chapter 776 of the Statutes of 1992,
relating to the San Gabriel Basin Water Quality Authority Act.


	LEGISLATIVE COUNSEL'S DIGEST


   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.  Section 1 of the San Gabriel Basin Water Quality
Authority Act (Chapter 404 of the Statutes of 2007) is amended to
read:
  Section 1.  Section 706 of the San Gabriel Basin Water Quality
Authority Act (Chapter 776 of the Statutes of 1992), as amended by
Section 3 of Chapter 192 of the Statutes of 2003, is amended to read:

   Sec. 706.  (a) Except as provided in this section, this act shall
remain in effect only until July 1,  2017   2030
 , and as of that date is repealed, unless a later enacted
statute, which is enacted before July 1,  2017  
2030  , deletes or extends that date.
   (b) Upon the repeal of this act, the assets and debts of the
authority shall be administered as follows:
   (1) The Los Angeles Regional Water Quality Control Board shall
dispose of the property and assets as appropriate. The Los Angeles
Regional Water Quality Control Board shall receive reimbursement for
actual costs incurred related to the disposition of the property and
assets. The cost recovery shall be from the proceeds of the
disposition pursuant to this section. The proceeds, if any, of the
disposition shall be transferred to the Treasurer to be applied to
pay the debts of the authority and, if any proceeds remain, shall be
transferred to the Treasurer for deposit in the Hazardous Substance
Cleanup Fund for use in financing groundwater contamination
investigation and remediation in the basin. Preference shall be given
in the disposition of assets of the authority to transfers to
producers who may be able to use the assets for the benefit of water
distribution systems and to provide for continued operation and
maintenance of the assets in order to further the purposes of this
act.
   (2) The Treasurer shall administer the payment of debts of the
authority. The Treasurer shall apply the proceeds from the
disposition of assets to the payment of the debts. If debts remain
after application of the proceeds from disposition of assets, the
Treasurer may continue to collect, in lieu of the authority, the
pumping right assessments authorized under  either (A)
Section 602 if the debt relates to administrative costs or (B)
 Section 605 if the debt is to repay warrants, notes, bonds,
and other evidences of indebtedness  , or both,  to
make payments pursuant to leases or installment sale agreements in
connection with certificates of participation, to pay for operation
and maintenance costs of facilities, and to make payments pursuant to
any other financial obligations. All provisions set forth in Article
6 (commencing with Section 601) relating to the levy and collection
of the pumping right assessments are not repealed and shall continue
in effect until the debts of the authority are paid, as determined by
the Treasurer, who shall notify the Secretary of State. Upon receipt
by the Secretary of State of the Treasurer's notice, Article 6
(commencing with Section 601) is repealed. The Treasurer's authority
to levy and collect assessments under this act is limited according
to the provisions of this act and shall cease when all debts of the
authority have been paid.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.