Amended in Senate August 19, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2561

Introduced by begin delete Committee on Veterans Affairs end delete begin insert Assembly Member Irwin end insert

February 19, 2016

begin delete An act to amend Section 1457 of the Military and Veterans Code, relating to military and veterans, and making an appropriation therefor. end delete begin insert An act to amend and repeal Section 10912 of the Water Code, relating to water supply. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2561, as amended, begin delete Committee on Veterans Affairs end delete   begin insert Irwin end insert . begin delete Veterans cemeteries. end delete begin insert Water supply planning: projects: photovoltaic or wind energy generation facility. end insert

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Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment.

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Existing law defines “project” for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines “project” as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2017, exempts from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.

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This bill would remove the January 1, 2017, sunset date, which would indefinitely exempt the above-described proposed photovoltaic or wind energy generation facilities from the definition of “project.” The bill would thereby extend the duties on local agencies with respect to determining whether a project is subject to the water supply assessment requirements, thereby imposing a state-mandated local program.

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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, 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.

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Existing law provides for the design, development, and construction of a state-owned and state-operated veterans cemetery at the site of the former Fort Ord. Existing law establishes the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund, which is available upon appropriation by the Legislature for design, construction, and maintenance costs of the cemetery. Existing law authorizes the Secretary of Veterans Affairs to accept donations to be used for the maintenance or beautification of the veterans cemetery. Existing law further requires that those donations be deposited in the endowment fund.

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This bill would establish the California Central Coast Veterans Cemetery Project Donation Fund, and would require that donations for the cemetery for a purpose specified by the donor instead be deposited in the fund, and be expended for the specific veterans cemetery maintenance or beautification project designated by the donor. This bill would continuously appropriate the fund to the department for these purposes.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 10912 of the end insert begin insert Water Code end insert begin insert , as amended by
Section 1 of Chapter 588 of the Statutes of 2011, is amended to
read: end insert

10912.  

For the purposes of this part, the following terms have
the following meanings:

(a) “Project” means any of the following:

(1) A proposed residential development of more than 500
dwelling units.

(2) A proposed shopping center or business establishment
employing more than 1,000 persons or having more than 500,000
square feet of floor space.

(3) A proposed commercial office building employing more
than 1,000 persons or having more than 250,000 square feet of
floor space.

(4) A proposed hotel or motel, or both, having more than 500
rooms.

(5) (A) Except as otherwise provided in subparagraph (B), a
proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or having more than 650,000
square feet of floor area.

(B) A proposed photovoltaic or wind energy generation facility
approved on or after begin delete the effective date of the amendments made
to this section at the 2011-12 Regular Session end delete begin insert October 8, 2011, end insert
is not a project if the facility would demand no more than 75
acre-feet of water annually.

(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.

(7) A project that would demand an amount of water equivalent
to, or greater than, the amount of water required by a 500 dwelling
unit project.

(b) If a public water system has fewer than 5,000 service
connections, then “project” means any proposed residential,
business, commercial, hotel or motel, or industrial development
that would account for an increase of 10 percent or more in the
number of the public water system’s existing service connections,
or a mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by
residential development that would represent an increase of 10
percent or more in the number of the public water system’s existing
service connections.

(c) “Public water system” means a system for the provision of
piped water to the public for human consumption that has 3,000
or more service connections. A public water system includes all
of the following:

(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily
in connection with the system.

(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with
the system.

(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.

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(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete begin delete end delete

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begin insert SEC. 2. end insert   

end insert

begin insert Section 10912 of the end insert begin insert Water Code end insert begin insert , as added by Section
2 of Chapter 588 of the Statutes of 2011, is repealed. end insert

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10912.  

For the purposes of this part, the following terms have
the following meanings:

(a) “Project” means any of the following:

(1) A proposed residential development of more than 500
dwelling units.

(2) A proposed shopping center or business establishment
employing more than 1,000 persons or having more than 500,000
square feet of floor space.

(3) A proposed commercial office building employing more
than 1,000 persons or having more than 250,000 square feet of
floor space.

(4) A proposed hotel or motel, or both, having more than 500
rooms.

(5) A proposed industrial, manufacturing, or processing plant,
or industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or having more than 650,000
square feet of floor area.

(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.

(7) A project that would demand an amount of water equivalent
to, or greater than, the amount of water required by a 500 dwelling
unit project.

(b) If a public water system has fewer than 5,000 service
connections, then “project” means any proposed residential,
business, commercial, hotel or motel, or industrial development
that would account for an increase of 10 percent or more in the
number of the public water system’s existing service connections,
or a mixed-use project that would demand an amount of water
equivalent to, or greater than, the amount of water required by
residential development that would represent an increase of 10
percent or more in the number of the public water system’s existing
service connections.

(c) “Public water system” means a system for the provision of
piped water to the public for human consumption that has 3,000
or more service connections. A public water system includes all
of the following:

(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system that is used primarily
in connection with the system.

(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with
the system.

(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.

(d) This section shall become operative on January 1, 2017.

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begin insert SEC. 3. end insert   

end insert begin insert

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

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SECTION 1.  

Section 1457 of the Military and Veterans Code
is amended to read:

1457.  

(a) Notwithstanding Section 11005 of the Government
Code, the veterans cemetery administrator may, subject to the
approval of the Secretary of Veterans Affairs, accept donations of
personal property, including cash or other gifts, to be used for the
maintenance or beautification of the veterans cemetery.

(b) Donations in the form of cash that do not have a purpose
specified by the donor shall be deposited in the Endowment Fund,
and shall be expended for the maintenance and repair of the
veterans cemetery upon appropriation by the Legislature.

(c) Donations in the form of cash for a purpose specified by the
donor shall be deposited in the California Central Coast Veterans
Cemetery Project Donation Fund, which is hereby created in the
State Treasury, and shall be expended for the specified veterans
cemetery maintenance or beautification project designated by the
donor.

(d) Notwithstanding Section 13340 of the Government Code,
donations deposited to the credit of the California Central Coast
Veterans Cemetery Project Donation Fund as authorized by
subdivision (c) shall be continuously appropriated to the
department, without regard to fiscal year.

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