Amended in Assembly September 11, 2013

Amended in Assembly August 30, 2013

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 of, and to add and repeal Section 60233 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.

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 These provisions would become inoperative on June 30, 2019, and would be repealed on January 1, 2020.

(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 districtbegin insert or operator of a water-producing facilityend insert be awarded the reasonable attorney’s fees and costsbegin delete ofend deletebegin insert relating to a motionend insert seeking injunctive relief under these provisions whenever the districtbegin insert or operator of a water-producing facilityend insert prevails on a petition or complaint. 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.

(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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 60233 is added to the Water Code, to
2read:

3

60233.  

(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
8shall serve 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 basis,
21the district shall provide by first-class mail to each producer notice
22that includes information regarding the purpose of the committee,
23the categories that determine membership on the committee as
P4    1described in paragraph (1), the schedule for the election of
2members, and any additional information the district determines
3necessary. The notice shall include the deadline for each producer
4to inform the district that it would like to serve on the committee
5and the category, as described in subparagraph (A) to (C), inclusive,
6of paragraph (1), for which it is eligible to serve. An eligible
7producer that would like to serve on the committee and informs
8the district shall be included on the election ballot.

9(3) The election of committee members shall be conducted by
10mail ballot not later than 90 days before the second Tuesday in
11May. Producers shall be invited to witness the counting of ballots.
12Each producer shall have the right to cast a total number of votes
13equal to the number of acre-feet of its annual pumping allocation,
14rounded to the next highest whole number, multiplied by the
15number of members that may be elected for that production
16category, as specified in subparagraphs (A) to (C), inclusive, of
17paragraph (1). Votes may only be cast by the members in their
18respective production categories for the seats in that category, as
19specified in subparagraphs (A) to (C), inclusive, of paragraph (1).
20 The members of the committee shall be those candidates receiving
21the highest vote total in their respective categories. The committee
22shall select a winner in the event that there is a tie in the vote tally.
23The results of the election shall be reported on the Internet Web
24site of the district.

25(4) The committee shall hold its first meeting within 30 days
26of the date the results of the election are announced by the district.
27The committee shall develop rules for its operation. The committee
28shall take action by majority vote of its members. Members of the
29committee shall serve without compensation.

30(c) No later than the second Tuesday of April of each year, a
31district shall consult with the budget advisory committee for the
32purposes set forth in subdivision (a). The committee shall make
33recommendations to the board at least 10 days prior to the hearing
34held pursuant to Section 60306. Committee recommendations shall
35be included in the documents comprising the agenda packet for
36that meeting.

37(d) A district shall maintain records regarding the
38recommendations of the budget advisory committee and the final
39decisions made by the board with regard to those recommendations.

P5    1(e) This section shall become inoperative on June 30, 2019, and,
2as of January 1, 2020, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2020, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

SEC. 2.  

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

SEC. 3.  

Section 60336 of the Water Code is amended to read:

15

60336.  

(a) Should any operator of a water-producing facility
16knowingly fail to register his or her water-producing facility or
17knowingly fail to file the groundwater production statement, or
18knowingly fail to file and furnish any other reports or statements
19required by resolution of the board adopted pursuant to Section
2060326, the operator shall, in addition to interest as provided in
21Section 60335, become liable to the district for a penalty of one
22thousand dollars ($1,000).

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

28

SEC. 4.  

Section 60339 of the Water Code is amended to read:

29

60339.  

(a) The superior court of the county in which the major
30portion of the district lies may issue a temporary restraining order
31upon the filing by the district with the court of a verified petition
32or complaint setting forth that the person named therein as
33defendant is the operator of a water-producing facility which has
34not been registered with the district or that the defendant is
35delinquent in the payment of a replenishment assessment. The
36temporary restraining order shall be returnable to the court on or
37before 10 days after its issuance.

38(b) The court may issue and grant an injunction restraining and
39prohibiting the named defendant from the operation of any
40water-producing facility when it is established by the
P6    1preponderance of the evidence at a hearing that the defendant has
2failed to register the water-producing facility with the district or
3that the defendant is delinquent in the payment of a replenishment
4assessment. The court may provide that the injunction so made
5and issued shall be stayed for a period not to exceed 10 days to
6permit the defendant to register the water-producing facility or to
7pay the delinquent replenishment assessment.

8(c) Service of process shall be made by posting a copy of the
9summons and complaint upon the water-producing facility or the
10parcel of land upon which the water-producing facility is located
11and by personal service of summons and complaint upon the named
12defendant.

13(d) The right to proceed for injunctive relief as provided in this
14section shall be in addition to any other right which may be
15provided elsewhere in this act or which may be otherwise allowed
16by law. The procedure provided in Chapter 3 (commencing with
17Section 525) of Title 7 of Part 2 of the Code of Civil Procedure
18regarding injunctions shall be followed except insofar as it may
19be otherwise provided in this section.

20(e) The court shall direct that the districtbegin insert or operator of a
21water-producing facilityend insert
be awarded the reasonable attorney’s fees
22and costsbegin delete ofend deletebegin insert relating to a motionend insert seeking injunctive relief under
23this section whenever the districtbegin insert or operator of a water-producing
24facilityend insert
prevails on a petition or complaint.

25(f) The changes made to this section by the act adding this
26subdivision shall not apply to any operator of a water-producing
27facility that is a party to litigation involving a water replenishment
28district filed before July 1, 2013, until after the litigation is settled
29or all legal remedies have been exhausted.

30

SEC. 5.  

It is the intent of the Legislature that the amendment
31of Section 60290 will provide the Water Replenishment District
32of Southern California with the ability to determine the appropriate
33use of moneys held in its annual reserve fund. Public records that
34are kept by the district of expenditures from the annual reserve
35fund shall help the Legislature determine whether the flexibility
36provided by this act should be permanently extended beyond the
372019-20 fiscal year.

38

SEC. 6.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P7    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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