BILL NUMBER: AB 1172 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 4, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to amend Section 75470 of, to amend the heading of Chapter
5 (commencing with Section 75470) of Part 8 of Division 21 of, and to
add Chapter 8 (commencing with Section 74660) to Part 5 of Division
21 of, the Water Code, relating to the Eastern San Joaquin County
Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 1172, as amended, Galgiani. Eastern San Joaquin County Water
District.
Existing
(1) Existing law, the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
establishes procedures for the consolidation of special districts.
The Water Conservation District Law of 1931 generally governs the
formation of water conservation districts and specifies the powers
and purposes of those districts.
This bill would specify the powers and purposes of the Eastern San
Joaquin County Water District (district) on and after the
date on which the San Joaquin Local Agency Formation Commission
approves the consolidation of the Stockton-East Water District and
the Central San Joaquin Water Conservation District. The
district would be organized into 9 divisions and the board of
directors of the district would consist of 9 members. By imposing
requirements on the district, the bill would impose a state-mandated
local program. The bill would authorize the board of directors to
reduce the number of its members to 7 and the number of the district'
s divisions to 7. The bill would state the findings and
declarations of the Legislature concerning the need for special
legislation.
(2) 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.
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. Chapter 8 (commencing with Section 74660) is added to
Part 5 of Division 21 of the Water Code, to read:
CHAPTER 8. PROVISIONS APPLICABLE TO EASTERN SAN JOAQUIN COUNTY
WATER DISTRICT
74660. For the purposes of this chapter, "district" means the
Eastern San Joaquin County Water District.
74661. On and after the date on which the San Joaquin County
Local Agency Formation Commission, in accordance with Division 3
(commencing with Section 56000) of Title 5 of the Government Code,
approves the consolidation of the Stockton-East Water District and
the Central San Joaquin Conservation District, both
all of the following apply:
(a) The name of the consolidated district shall be the Eastern San
Joaquin County Water District.
(b) The district shall be governed by Chapter ____ of the Statutes
of ____, as amended, and this division, including Chapter 5
(commencing with Section 75470) of Part 8.
(b) The district shall be governed by Chapter 819 of the Statutes
of 1971, as amended, and this division to the extent not inconsistent
with that chapter.
(c) Notwithstanding subdivision (b), for the purpose of imposing a
groundwater charge or assessment, the district may exercise the
authority granted by Chapter 819 of the Statutes of 1971, as amended,
or Part 9 (commencing with Section 75500).
(d) Notwithstanding Section 74200, upon the formation of the
district in accordance with Division 3 (commencing with Section
56000) of Title 5 of the Government Code, the district shall be
organized into nine divisions and the board of directors shall
consist of nine members.
(e) The boundaries of the divisions of the district upon its
formation shall be as determined by the San Joaquin County Local
Agency Formation Commission.
(f) (1) The board of directors of the district may reduce the
number of its members to seven.
(2) If the board of directors takes action pursuant to paragraph
(1), the board of directors shall reduce the number of its divisions
to seven in accordance with Sections 74430 to 74432, inclusive.
SEC. 2. The heading of Chapter 5 (commencing with Section 75470)
of Part 8 of Division 21 of the Water Code is amended to read:
CHAPTER 5. EASTERN SAN JOAQUIN COUNTY WATER DISTRICT CHARGES
SEC. 3. Section 75470 of the Water Code is amended to read:
75470. (a) The Eastern San Joaquin County Water District, in
addition to its other powers, may fix and collect charges as provided
in this chapter.
(b) As used in this chapter, "district" means the Eastern San
Joaquin County Water District.
SEC. 4. The Legislature finds and declares that this act, which is
applicable only to the Eastern San Joaquin County Water District, is
necessary because of the consolidation of the Stockton-East Water
District and the Central San Joaquin Conservation District. It is,
therefore, hereby declared that a general law within the meaning of
Section 16 of Article IV of the California Constitution cannot be
made applicable to the Eastern San Joaquin County Water District and
the enactment of this special law is necessary for the public good.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.