Amended in Assembly March 29, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2470

Introduced by Assembly Member begin delete Bigelow end delete begin insert Gonzalez end insert

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(Principal coauthor: Senator Anderson)

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(Coauthors: Assembly Members Jones, Maienschein, and Waldron)

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(Coauthors: Senators Block and Hueso)

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February 19, 2016

An act to add Section 71611.5 to the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2470, as amended, begin delete Bigelow end delete   begin insert Gonzalez end insert . 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 begin delete require end delete begin insert authorize end insert 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. begin delete By imposing new duties on a municipal water district, this bill would create a state-mandated local program. end delete

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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 begin delete shall end delete begin insert may end insert 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.

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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.

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