Amended in Assembly July 3, 2013

Amended in Assembly June 27, 2013

Amended in Assembly June 18, 2013

Amended in Senate April 23, 2013

Amended in Senate April 9, 2013

Amended in Senate April 1, 2013

Senate BillNo. 620


Introduced by Senator Wright

February 22, 2013


An act to amend Sections 60290, 60336, and 60339 ofbegin insert, and to add and repeal Section 60233 of,end insert 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.

begin insert

This bill would require a water replenishment district to establish a budget advisory committee, as prescribed, for purposes of reviewing a replenishment assessment and a district’s annual operating budget, as specified, thereby imposing a state-mandated local program. The bill would require a water replenishment district to consult with the budget advisory committee, as specified, and to maintain records regarding the recommendations of the budget advisory committee and the final decisions made by the board of the water replenishment district with regard to those recommendations. These provisions would become inoperative on June 30, 2019, and would be repealed on January 1, 2020.

end insert

(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 until after the litigation is settled or all legal remedies have been 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, as specified above.

begin insert

(4) 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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 60233 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert60233.end insert  

(a) A district shall establish a budget advisory
4committee for purposes of reviewing a replenishment assessment,
5if any is proposed, and a district’s annual operating budget,
6including reserve funds maintained by the district.

7(b) (1) The committee shall consist of seven members who shall
8serve a two-year term and who shall be elected from among
9representatives of producers who are owners or operators of
10groundwater producing facilities who are subject to the
11replenishment assessment pursuant to Section 60317. The
12membership of the committee shall be composed as follows:

13(A) Two members shall be elected by vote of entities with an
14annual pumping allocation of less than 5,000 acre-feet.

15(B) Two members shall be elected by vote of entities with an
16annual pumping allocation of at least 5,000 acre-feet but less than
1710,000 acre-feet.

18(C) Three members shall be elected by vote of entities with an
19annual pumping allocation of 10,000 acre-feet or greater.

20(2) On or before the first Tuesday in January on a biennial
21basis, the district shall provide by first-class mail to each producer
22notice that includes information regarding the purpose of the
23committee, the categories that determine membership on the
24committee as described in paragraph (1), the schedule for the
25election of members, and any additional information the district
P4    1determines necessary. The notice shall include the deadline for
2each producer to inform the district that it would like to serve on
3the committee and the category, as described in subparagraph (A)
4to (C), inclusive, of paragraph (1), for which it is eligible to serve.
5An eligible producer that would like to serve on the committee and
6informs the district shall be included on the election ballot.

7(3) The election of committee members shall be conducted by
8mail ballot not later than 90 days before the second Tuesday in
9May. Producers shall be invited to witness the counting of ballots.
10Each producer shall have the right to cast a total number of votes
11equal to the number of acre-feet of its annual pumping allocation,
12rounded to the next highest whole number, multiplied by the
13number of members that may be elected for that production
14category, as specified in subparagraphs (A) to (C), inclusive, of
15paragraph (1). Votes may only be cast by the members in their
16respective production categories for the seats in that category, as
17specified in subparagraphs (A) to (C), inclusive, of paragraph (1).
18 The members of the committee shall be those candidates receiving
19the highest vote total in their respective categories. The committee
20shall select a winner in the event that there is a tie in the vote tally.
21The results of the election shall be reported on the Internet Web
22site of the district.

23(4) The committee shall hold its first meeting within 30 days of
24the date the results of the election are announced by the district.
25The committee shall develop rules for its operation. The committee
26shall take action by majority vote of its members. Members of the
27committee shall serve without compensation.

28(c) No later than the second Tuesday of April of each year, a
29district shall consult with the budget advisory committee for the
30purposes set forth in subdivision (a). The committee shall make
31recommendations to the board at least 10 days prior to the hearing
32held pursuant to Section 60306. Committee recommendations shall
33be included in the documents comprising the agenda packet for
34that meeting.

35(d) A district shall maintain records regarding the
36recommendations of the budget advisory committee and the final
37decisions made by the board with regard to those
38recommendations.

39(e) This section shall become inoperative on June 30, 2019,
40and, as of January 1, 2020, is repealed, unless a later enacted
P5    1statute, that becomes operative on or before January 1, 2020,
2deletes or extends the dates on which it becomes inoperative and
3is repealed.

end insert
4

begin deleteSECTION 1.end delete
5begin insertSEC. 2.end insert  

Section 60290 of the Water Code is amended to read:

6

60290.  

The district may establish an annual reserve fund in an
7amount not to exceed ten million dollars ($10,000,000)
8commencing with the 2000-01 fiscal year. The maximum
9allowable reserve fund may be adjusted annually commencing
10with the 2001-02 fiscal year to reflect percentage increases or
11decreases in the blended cost of water from district supply sources.
12Beginning in the 2019-20 fiscal year, a minimum of 80 percent
13of the reserve shall be for water purchases.

14

begin deleteSEC. 2.end delete
15begin insertSEC. 3.end insert  

Section 60336 of the Water Code is amended to read:

16

60336.  

(a) Should any operator of a water-producing facility
17knowingly fail to register his or her water-producing facility or
18knowingly fail to file the groundwater production statement, or
19knowingly fail to file and furnish any other reports or statements
20required by resolution of the board adopted pursuant to Section
2160326, the operator shall, in addition to interest as provided in
22Section 60335, become liable to the district for a penalty of one
23thousand dollars ($1,000).

24(b) The changes made to this section by the act adding this
25subdivision shall not apply to any operator of a water-producing
26facility that is a party to litigation involving a water replenishment
27district filed before July 1, 2013, until after the litigation is settled
28or all legal remedies have been exhausted.

29

begin deleteSEC. 3.end delete
30begin insertSEC. 4.end insert  

Section 60339 of the Water Code is amended to read:

31

60339.  

(a) The superior court of the county in which the major
32portion of the district lies may issue a temporary restraining order
33upon the filing by the district with the court of a verified petition
34or complaint setting forth that the person named therein as
35defendant is the operator of a water-producing facility which has
36not been registered with the district or that the defendant is
37delinquent in the payment of a replenishment assessment. The
38temporary restraining order shall be returnable to the court on or
39before 10 days after its issuance.

P6    1(b) The court may issue and grant an injunction restraining and
2prohibiting the named defendant from the operation of any
3water-producing facility when it is established by the
4preponderance of the evidence at a hearing that the defendant has
5failed to register the water-producing facility with the district or
6that the defendant is delinquent in the payment of a replenishment
7assessment. The court may provide that the injunction so made
8and issued shall be stayed for a period not to exceed 10 days to
9permit the defendant to register the water-producing facility or to
10pay the delinquent replenishment assessment.

11(c) Service of process shall be made by posting a copy of the
12summons and complaint upon the water-producing facility or the
13parcel of land upon which the water-producing facility is located
14and by personal service of summons and complaint upon the named
15defendant.

16(d) The right to proceed for injunctive relief as provided in this
17section shall be in addition to any other right which may be
18provided elsewhere in this act or which may be otherwise allowed
19by law. The procedure provided in Chapter 3 (commencing with
20Section 525) of Title 7 of Part 2 of the Code of Civil Procedure
21regarding injunctions shall be followed except insofar as it may
22be otherwise provided in this section.

23(e) The court shall direct that the party prevailing on any motion
24under this section be awarded the reasonable attorney’s fees and
25costs of making or opposing the motion unless the court finds that
26the other party acted with substantial justification or that other
27circumstances make the imposition of attorney’s fees and costs
28unjust.

29(f) The changes made to this section by the act adding this
30subdivision shall not apply to any operator of a water-producing
31facility that is a party to litigation involving a water replenishment
32district filed before July 1, 2013, until after the litigation is settled
33or all legal remedies have been exhausted.

34

begin deleteSEC. 4.end delete
35begin insertSEC. 5.end insert  

It is the intent of the Legislature that the amendment
36of Section 60290 will provide the Water Replenishment District
37of Southern California with the ability to determine the appropriate
38use of moneys held in its annual reserve fund. Public records that
39are kept by the district of expenditures from the annual reserve
40fund shall help the Legislature determine whether the flexibility
P7    1provided by this act should be permanently extended beyond the
22019-20 fiscal year.

3begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end insert


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