BILL NUMBER: SB 620 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 9, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
FEBRUARY 22, 2013
An act to amend Sections 60290, 60336, and 60339 of the Water
Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 620, as amended, Wright. Water replenishment districts.
(1) Existing law, the Water Replenishment District Act, provides
for the formation of water replenishment districts and grants
authority to a water replenishment district relating to the
replenishment, protection, and preservation of groundwater supplies
within that district. The act generally authorizes a water
replenishment district to establish an annual reserve fund in an
amount not to exceed $10,000,000 commencing with the 2000-01 fiscal
year, and thereafter, as that amount is adjusted annually. The act
requires a minimum of 80% of the reserve fund to be expended for
water purchases.
This bill, until the 2019-20 fiscal year, would eliminate the
requirement that a minimum of 80% of the reserve fund be expended for
water purchases. The bill would declare the intent
of the Legislature to provide the Water Replenishment District of
Southern California with the ability to determine the appropriate use
of moneys held in its annual reserve fund, and that public records
shall help the Legislature determine whether the flexibility provided
by this act should be permanently extended beyond the 2019-20 fiscal
year.
(2) The act provides that any operator of a water-producing
facility that knowingly fails to register his or her water-producing
facility or knowingly fails to file a groundwater production
statement, or any other reports or statements required, as specified,
in addition to interest due, as prescribed, is liable to the
district for a penalty of $150.
This bill would provide that the operator is liable to the
district for a penalty of $1,000. The bill would delay the
application of the increase in the amount of that penalty to an
operator of a water-producing facility that is a party to
certain litigation involving a water replenishment
district cases until after the litigation is
settled or all legal remedies are exhausted.
(3) The act authorizes the superior court of the county in which
the major portion of the district lies to issue a temporary
restraining order upon the filing by the district with the court of a
verified petition or complaint setting forth that the defendant is
the operator of a water-producing facility that has not been
registered with the district or that the defendant is delinquent in
the payment of a replenishment assessment, as specified.
This bill would require the court to direct that the party
prevailing on any motion, as prescribed, be awarded the reasonable
attorney's fees and costs of making or opposing the motion unless the
court finds that the party acted with substantial justification or
that other circumstances make the imposition of attorney's fees and
costs unjust. The bill would also delay the application of those
provisions to an operator of a water-producing facility that is a
party to the above-described litigation involving
a water replenishment district, cases, as
specified above.
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 60290 of the Water Code is amended to read:
60290. The district may establish an annual reserve fund in an
amount not to exceed ten million dollars ($10,000,000) commencing
with the 2000-01 fiscal year. The maximum allowable reserve fund may
be adjusted annually commencing with the 2001-02 fiscal year to
reflect percentage increases or decreases in the blended cost of
water from district supply sources. Beginning in the 2019-20 fiscal
year, a minimum of 80 percent of the reserve shall be for water
purchases.
SEC. 2. Section 60336 of the Water Code is amended to read:
60336. (a) Should any operator of a water-producing facility
knowingly fail to register his or her water-producing facility or
knowingly fail to file the groundwater production statement, or
knowingly fail to file and furnish any other reports or statements
required by resolution of the board adopted pursuant to Section
60326, the operator shall, in addition to interest as provided in
Section 60335, become liable to the district for a penalty of one
thousand dollars ($1,000).
(b) The changes made to this section by the act adding this
subdivision shall not apply to any operator of a
water-producing facility that is a party to litigation involving a
water replenishment district either of the following
at the time the act adding this subdivision takes effect until
after the litigation is settled or all legal remedies have been
exhausted. exhausted:
(1) An operator of a water-producing facility that is a plaintiff
in City of Cerritos, et al. v. Water Replenishment District of
Southern California, Los Angeles Superior Court Case No. BS 128136.
(2) An operator of a water-producing facility that is a plaintiff
in Tesoro Refining and Marketing Company v. Water Replenishment
District of Southern California, Los Angeles Superior Court Case No.
BS 134239.
SEC. 3. Section 60339 of the Water Code is amended to read:
60339. (a) The superior court of the county in which the major
portion of the district lies may issue a temporary restraining order
upon the filing by the district with the court of a verified petition
or complaint setting forth that the person named therein as
defendant is the operator of a water-producing facility which has not
been registered with the district or that the defendant is
delinquent in the payment of a replenishment assessment. The
temporary restraining order shall be returnable to the court on or
before 10 days after its issuance.
(b) The court may issue and grant an injunction restraining and
prohibiting the named defendant from the operation of any
water-producing facility when it is established by the preponderance
of the evidence at a hearing that the defendant has failed to
register the water-producing facility with the district or that the
defendant is delinquent in the payment of a replenishment assessment.
The court may provide that the injunction so made and issued shall
be stayed for a period not to exceed 10 days to permit the defendant
to register the water-producing facility or to pay the delinquent
replenishment assessment.
(c) Service of process shall be made by posting a copy of the
summons and complaint upon the water-producing facility or the parcel
of land upon which the water-producing facility is located and by
personal service of summons and complaint upon the named defendant.
(d) The right to proceed for injunctive relief as provided in this
section shall be in addition to any other right which may be
provided elsewhere in this act or which may be otherwise allowed by
law. The procedure provided in Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure regarding
injunctions shall be followed except insofar as it may be otherwise
provided in this section.
(e) The court shall direct that the party prevailing on any motion
under this section be awarded the reasonable attorney's fees and
costs of making or opposing the motion unless the court finds that
the other party acted with substantial justification or that other
circumstances make the imposition of attorney's fees and costs
unjust.
(f) The changes made to this section by the act adding this
subdivision shall not apply to any operator of a
water-producing facility that is a party to litigation involving a
water replenishment district either of the following
at the time the act adding this subdivision takes effect until
after the litigation is settled or all legal remedies have been
exhausted. exhausted:
(1) An operator of a water-producing facility that is a plaintiff
in City of Cerritos, et al. v. Water Replenishment District of
Southern California, Los Angeles Superior Court Case No. BS 128136.
(2) An operator of a water-producing facility that is a plaintiff
in Tesoro Refining and Marketing Company v. Water Replenishment
District of Southern California, Los Angeles Superior Court Case No.
BS 134239.
SEC. 4. It is the intent of the Legislature that
the amendment of Section 60290 will provide the Water Replenishment
District of Southern California with the ability to determine the
appropriate use of moneys held in its annual reserve fund. Public
records that are kept by the district of expenditures from the annual
reserve fund shall help the Legislature determine whether the
flexibility provided by this act should be permanently extended
beyond the 2019-20 fiscal year.