AB 2470,
as amended, Bigelow. begin deleteWater quality: organization and membership of regional boards. end deletebegin insertMunicipal water districts: water service: Indian tribes.end insert
Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law authorizes a district to sell water under its control, without preference, to cities, other public corporations and agencies, and persons, within the district for use within the district. Existing law authorizes a district to sell or otherwise dispose of water above that required by consumers within the district to any persons, public corporations or agencies, or other consumers.
end insertbegin insertThis bill, upon the request of an Indian tribe, would require a district to provide permanent or temporary service of water to Indian lands, as prescribed. This bill would exempt the provision of water pursuant to these provisions from the California Environmental Quality Act. By imposing new duties on a municipal water district, this bill would create a state-mandated local program.
end insertbegin insertThe 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 insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires the State Water Resources Control Board and the 9 California regional water quality control boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act). The state act requires regional boards to consist of 7 members appointed by the Governor, 6 of them on the basis of demonstrated interest or proven ability in the field of water quality and one as a public member not specifically associated with any enumerated qualification.
end deleteThis bill would make nonsubstantive changes to these provisions.
end deleteVote: 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:
begin insertSection 71611.5 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert
(a) Notwithstanding any other law, upon the request
4of an Indian tribe, a district shall provide permanent or temporary
5service of water at the same terms available to the current
6customers of the district to an Indian tribe’s lands that are not
7within a municipal water district but are contiguous with at least
8two municipal water districts and lie within the special study area
9of at least one municipal water district, if at least 75 percent of
10the Indian tribe’s total Indian lands are currently within the
11boundaries of one or more municipal water districts.
12
(b) Division 13 (commencing with Section 21000) of the Public
13Resources Code does not apply to the provision of water service
14pursuant to this
section.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17a local agency or school district has the authority to levy service
P3 1charges, fees, or assessments sufficient to pay for the program or
2level of service mandated by this act, within the meaning of Section
317556 of the Government Code.
Section 13201 of the Water Code is amended to
5read:
(a) There is a regional board for each of the regions
7described in Section 13200. Each board shall consist of seven
8members appointed by the Governor, each of whom shall represent,
9and act on behalf of, all the people and shall reside or have a
10principal place of business within the region.
11(b) Except as specified in subdivision (c), each member shall
12be appointed on the basis of his or her demonstrated interest or
13proven ability in the field of water quality, including water
14pollution control, water resource management, water use, or water
15protection. The Governor shall consider appointments from the
16public and nonpublic sectors. In regard to appointments from the
17nonpublic sector, the Governor shall consider including members
18from key economic sectors in a given
region, such as agriculture,
19industry, commercial activities, forestry, and fisheries.
20(c) At least one member shall be appointed as a public member
21who is not required to meet the criteria established pursuant to
22subdivision (b).
23(d) All persons appointed to a regional board shall be subject
24to Senate confirmation, but shall not be required to appear before
25any committee of the Senate for purposes of the confirmation
26unless specifically requested to appear by the Senate Committee
27on Rules.
28(e) Insofar as practicable, appointments shall be made in a
29manner as to result in representation on the board from all parts
30of the region.
31(f) Insofar as practicable, appointments shall be made in a
32manner as to result in representation on the board from diverse
33experiential backgrounds.
34(g) Each member shall be appointed on the basis of his or her
35ability to attend substantially all meetings of the board and to
36actively discharge all duties and responsibilities of a member of
37the board.
38(h) The reduction in the number of members of each regional
39board required by Chapter 39 of the Statutes of 2012 shall be
40achieved according to the ordinary expiration of the terms of
P4 1incumbents and other vacancies. Notwithstanding Section 13202,
2the Governor shall not fill a vacancy on a regional board until the
3number of members serving on that regional board falls below
4seven members. If the numbers of members serving on the regional
5board falls below seven members, the Governor shall appoint or
6reappoint individuals pursuant to this section.
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