BILL NUMBER: AB 2470 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 19, 2016
An act to amend Section 13201 of add
Section 71611.5 to the Water Code, relating to water
quality. water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2470, as amended, Bigelow. Water quality: organization
and membership of regional boards. Municipal water
districts: water service: Indian tribes.
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.
This 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.
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.
Existing 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.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71611.5 is added to the
Water Code , to read:
71611.5. (a) Notwithstanding any other law, upon the request of
an Indian tribe, a district shall provide permanent or temporary
service of water at the same terms available to the current customers
of the district to an Indian tribe's lands that are not within a
municipal water district but are contiguous with at least two
municipal water districts and lie within the special study area of at
least one municipal water district, if at least 75 percent of the
Indian tribe's total Indian lands are currently within the boundaries
of one or more municipal water districts.
(b) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to the provision of water service
pursuant to this section.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 13201 of the Water Code is
amended to read:
13201. (a) There is a regional board for each of the regions
described in Section 13200. Each board shall consist of seven members
appointed by the Governor, each of whom shall represent, and act on
behalf of, all the people and shall reside or have a principal place
of business within the region.
(b) Except as specified in subdivision (c), each member shall be
appointed on the basis of his or her demonstrated interest or proven
ability in the field of water quality, including water pollution
control, water resource management, water use, or water protection.
The Governor shall consider appointments from the public and
nonpublic sectors. In regard to appointments from the nonpublic
sector, the Governor shall consider including members from key
economic sectors in a given region, such as agriculture, industry,
commercial activities, forestry, and fisheries.
(c) At least one member shall be appointed as a public member who
is not required to meet the criteria established pursuant to
subdivision (b).
(d) All persons appointed to a regional board shall be subject to
Senate confirmation, but shall not be required to appear before any
committee of the Senate for purposes of the confirmation unless
specifically requested to appear by the Senate Committee on Rules.
(e) Insofar as practicable, appointments shall be made in a manner
as to result in representation on the board from all parts of the
region.
(f) Insofar as practicable, appointments shall be made in a manner
as to result in representation on the board from diverse
experiential backgrounds.
(g) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the board and to
actively discharge all duties and responsibilities of a member of the
board.
(h) The reduction in the number of members of each regional board
required by Chapter 39 of the Statutes of 2012 shall be achieved
according to the ordinary expiration of the terms of incumbents and
other vacancies. Notwithstanding Section 13202, the Governor shall
not fill a vacancy on a regional board until the number of members
serving on that regional board falls below seven members. If the
numbers of members serving on the regional board falls below seven
members, the Governor shall appoint or reappoint individuals pursuant
to this section.