BILL NUMBER: AB 1172 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2009
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. and to add Section
74200.5 to, the Water Code, and to add Sections 4.5 and 5.5 to
Chapter 819 of the Statutes of 1971, relating to water conservation
districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1172, as amended, Galgiani. Eastern San Joaquin County Water
District.
(1) Existing
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) to
fix and collect specified charges, and to continue to
collect specified charges and assessments, 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.
The bill would also authorize a local agency formation commission,
in approving the consolidation or reorganization of 2 or more
districts into a single water conservation district, to temporarily
increase the number of members on the board of directors of the
consolidated or reorganized district, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
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, 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 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.
SECTION 1. Section 74200.5 is added to the
Water Code , to read:
74200.5. (a) Notwithstanding any other provision of this part,
the local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single water conservation district may, pursuant to
subdivisions (k) and (n) of Section 56886 of the Government Code,
increase the number of directors to serve on the board of directors
of the consolidated or reorganized district to 7, 9, or 11, who shall
be members of the board of directors of the districts to be
consolidated or reorganized as of the effective date of the
consolidation or reorganization.
(b) Unless the local agency formation commission provides for an
alternative schedule for reducing the size of the board of directors
of the consolidated or reorganized district, upon the expiration of
the terms of the members of the board of directors of the
consolidated or reorganized district whose terms first expire
following the effective date of the consolidation or reorganization,
the total number of members on the board of directors shall be
reduced until the number equals 5, 7, or 9, as may be determined by
the local agency formation commission in approving the consolidation
or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated or reorganized district at which time the total
number of directors is greater than five, the board of directors may,
by majority vote of the remaining members of the board, choose not
to fill the vacancy. In that event, the total membership of the board
of directors shall be reduced by one board member. Upon making the
determination not to fill a vacancy, the board of directors shall
notify the board of supervisors of its decision.
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.
(c) If the board has complied with the procedures set forth in
this chapter, as it read at the time charges were established
pursuant to Sections 75471 and 75471.5, the board may, by resolution,
continue to collect the charges in successive years at the same
rate, consistent with Article XIII D of the California Constitution.
SEC. 4. Section 4.5 is added to Chapter 819 of the
Statutes of 1971, to read:
Sec. 4.5. Notwithstanding any other provision of this
act, including subdivision (q) of Section 4 of this act, as used in
this act, "district" means the Eastern San Joaquin County Water
District.
SEC. 5. Section 5.5 is added to Chapter 819 of the
Statutes of 1971, to read:
Sec. 5.5. (a) If the board has complied with the
procedures set forth in this act, as it read at the time that a
groundwater assessment was established pursuant to this act, the
board may, by resolution, continue to collect the groundwater
assessment in successive years at the same rate, consistent with
Article XIII D of the California Constitution.
(b) If the board has complied with the procedures set forth in
this act, as it read at the time that a charge for stream-delivered
water were established pursuant to this act, the board may, by
resolution, continue to collect the charge in successive years at the
same rate, consistent with Article XIII D of the California
Constitution.
SEC. 6. Sections 2, 3, 4, and 5 of this act shall
become operative on the effective date of the consolidation or
reorganization of the Stockton-East Water District and the Central
San Joaquin Water Conservation District into a single water
conservation district, as determined by the San Joaquin County Local
Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg
Local Government Reorganization Act (Division 3 (commencing with
Section 56000) of Title 5 of the Government Code). The commission
shall transmit a notice within 30 days of that consolidation or
reorganization to the Secretary of State.
SEC. 4. SEC. 7. The Legislature
finds and declares that Sections 3 to 5, inclusive, of
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 Water
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.