BILL NUMBER: AB 2092 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
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: planning
and administration: fee. long-
term financing plan.
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 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 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
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
This bill would require the council to also
develop a long term financing plan to pay for the costs of
implementing the Delta Plan and for the ongoing administration
of the council by January 1, 2013. The bill would require the long
term financing plan to include fee proposals to pay for private
benefits associated with implementation of the Delta Plan. The bill
would prohibit the council from adopting a fee for these
purposes unless authorized by statute. The bill would require the
council, before adopting and collecting fees or long term revenue
sources, to seek to obtain early funding contributions from entities
that may benefit from implementation of the Delta Plan and to track
those contributions to provide credit against future fee or funding
requirements .
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 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 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 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.
(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
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 1. Section
85216 85215 is added to the Water Code, to read:
85216. 85215. (a) By January 1,
2013, the council shall develop a long term financing plan to pay for
the costs of implementing the Delta Plan and for the ongoing
administration of the council . 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,
potential benefits 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.
(6) Dischargers into the Delta or its tributaries, including
wastewater dischargers.
(7) Commercial fishing.
(8) Other interests with infrastructure or operations in the
Delta.
(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
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.
(c) Upon completion, the council shall present the plan to the
Legislature for approval. 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.
SEC. 2. Section 85216 is added to the
Water Code , to read:
85216. (a) Prior to the establishment or collection of a fee or a
long term revenue source pursuant to Section 85215, the council
shall seek to obtain early funding contributions from groups that may
benefit from the implementation of the Delta Plan, for purposes of
funding the council's planning and administrative activities.
(b) The council shall track early funding contributions and shall
provide credit for those contributions against future fee or funding
requirements.