AB 2092 Assembly Bill

BILL NUMBER: AB 2092	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 18, 2010

   An act to add Sections 85215 and 85216 to the Water Code, relating
to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2092, as amended, Huffman. Delta Stewardship Council: 
Planninf   planning  and administration: fee.
   Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009,
establishes the Delta Stewardship Council as an independent agency
of the state. The council is required, on or before January 1, 2012,
to develop, adopt, and commence implementation of a comprehensive
management plan for the Sacramento-San Joaquin Delta (Delta Plan),
meeting specified requirements.
   This bill would require the council to adopt a fee on water supply
contractors of the State Water Project and the federal Central
Valley Project to fund a portion of  the planning and
administrative   specified  costs of the council.
The fee would be based on a reasonable estimate of the benefits
received by the contractors of the State Water Project and the
federal Central Valley Project from the  council's planning
and administrative  activities  associated with those
costs  . The State Board of Equalization would begin collecting
the fee on July 1, 2011, and would be required to deposit the
proceeds into the Delta Stewardship Council Planning Fund, which the
bill would create. Moneys in the fund would be available to fund
 the council's planning and administrative  
specified  costs  of the council  , and the costs of
the State Board of Equalization incurred in collecting the fee, upon
appropriation by the Legislature.  The council would be required
to ensure that the fee does not result in the creation of more than
$____ in revenue, and the fee could be imposed only until July 1,
2014. 
   The bill would require the council to also develop a long term
financing plan to pay for the costs of implementing the Delta Plan
 that identifies the benefits to public and private persons
and groups and allocates program costs based on those benefits
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 85215 is added to the Water Code, to read:
   85215.  (a) By March 31, 2011, the council shall adopt a fee on
water supply contractors of the State Water Project and the federal
Central Valley Project to fund a portion of  the planning and
administrative costs of the council.   all of the
following costs incurred from July 1, 2010, until July 1, 2013: 

    (1)     The   cost to develop and
adopt the Delta Plan.  
   (2) The cost to develop and adopt the long-term financing plan
required by Section 85216.  
   (3) The annual administrative costs of the council, not including
the costs of grants or research projects. 
   (b) The fee  imposed   adopted  pursuant
to subdivision (a) shall be based on a reasonable estimate of the
benefits received by the contractors of the State Water Project and
the federal Central Valley Project from the  council's
planning and administrative activities   activities
associated with the costs described in paragraphs (1) to (3),
inclusive, of subdivision (a)  . 
   (c) The council shall ensure that the fee adopted pursuant to
subdivision (a) does not result in the creation of more than ____
dollars ($____) in revenue, and the fee shall be imposed only until
July 1, 2014.  
   (d) The council shall develop and adopt the fee through an open
and transparent process, that includes no fewer than two public
hearings.  
   (c) 
    (e)  The State Board of Equalization shall begin
collecting the fee adopted pursuant to subdivision (a) on July 1,
2011. The proceeds shall be deposited by the State Board of
Equalization into the Delta Stewardship Council Planning Fund, which
is hereby created in the State Treasury. Moneys in the fund shall be
available to fund the  council's planning and administrative
costs   costs described in paragraphs (1) to (3),
inclusive, of subdivision (a)  , and the costs of the State
Board of Equalization incurred in collecting the fee, upon
appropriation by the Legislature.
  SEC. 2.  Section 85216 is added to the Water Code, to read:
   85216.   By January 1, 2012   (a)  
  By January 1, 2013  , the council shall develop a
long term financing plan to pay for the costs of implementing the
Delta  Plan that identifies the benefits to public and
private persons and groups and allocates program costs based on those
benefits. The   Plan. The financing plan shall identify
and evaluate the benefits to all groups resulting from the
implementation of the Delta Plan, including, but not limited to, all
of the following:  
   (1) The public.  
   (2) Urban and agricultural water users diverting water in the
Delta.  
   (3) Urban and agricultural water users diverting water in the
Bay-Delta tributaries and watershed.  
   (4) Delta landowners, including, but not limited to, reclamation
districts and public and private landowners, and building and
transportation interests.  
   (5) Delta recreational users.  
   (6) Wastewater dischargers.  
   (7) Commercial fishing. 
    (b)     The financing plan shall allocate
program costs based on the benefits identified in subdivision (a).
The  plan shall include fee proposals to create revenues to pay
for the private benefits associated with implementation of the Delta
Plan.  The   The council shall not adopt a fee
pursuant to this section unless a statute is enacted that authorizes
the council to adopt a fee pursuant to this section. 
    (c)     The  council shall report to
the Legislature regarding the plan adopted pursuant to this section
after adoption of the plan.