BILL NUMBER: AB 2483 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY MAY 19, 2010
AMENDED IN ASSEMBLY MAY 3, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Coto
(Coauthors: Assembly Members Beall, Caballero, Fong, Monning, and
Torrico)
(Coauthor: Senator Maldonado)
FEBRUARY 19, 2010
An act to repeal the Santa Clara Valley Water District
Act (Chapter 1405 of the Statutes of 1951) and to add Division 50
(commencing with Section 100000) to the Water Code, relating to the
Santa Clara Valley Water District. An act to amend
Sections 4, 26.5, and 26.7 of, and to add Section 29 to, the Santa
Clara Valley Water District Act (Chapter 1405 of the Statutes of
1951), relating to the Santa Clara Valley Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2483, as amended, Coto. Santa Clara Valley Water District.
(1) The Santa Clara Valley Water District Act establishes the
Santa Clara Valley Water District and specifies its powers and
purposes relating to water supply and flood management.
Under the act, a person who violates an ordinance of the district is
guilty of a misdemeanor.
This bill would repeal that act and would enact a substantially
revised codified version of that act as the Santa Clara Valley Water
District Act (new act). The new act would establish the Santa Clara
Valley Water District and specify its powers and purposes relating to
integrated management of water supply, watershed stewardship,
groundwater management, and flood management. This bill, by revising
the responsibilities of the district, would impose a state-mandated
local program. The bill would provide that a person who violates a
district ordinance that implements the authority of the district, as
revised, is guilty of a misdemeanor. By expanding the scope of an
existing crime, the bill would impose a state-mandated local program.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Santa Clara Valley
Water District.
This bill would authorize the district to take actions relating to
water management, water quality, and reduction of environmental
impacts in the district. The bill also would authorize the district
to provide incentives to water retailers to implement specified water
conservation measures, to require owners of specified facilities and
agricultural water users to implement water conservation practices
and measures, and to require other related measures, as specified.
(2) The act requires the district to annually prepare a written
report on the district's activities in the protection and
augmentation of the water supplies of the district, and requires the
report to include information prescribed by the act and other
information the board may order. The act requires the report to
include a recommendation as to whether or not a groundwater charge
should be levied in any zone or zones of the district during the
ensuing water year and, if a groundwater charge is recommended, a
proposal of the rate or rates per acre-foot of water, as specified.
This bill would require the report to additionally include
groundwater monitoring information collected by the district. The
bill would revise the required groundwater charge recommendation to
instead require the district to make a recommendation as to whether a
groundwater charge should remain unchanged, be decreased or
increased, or be newly imposed in any zone or zones of the district.
(3) The act requires the board of directors of the district
(board) to hold a public hearing on the annual report, and, prior to
the end of the water year in which the hearing is held and based upon
findings and determination from the hearing, determine whether to
levy a groundwater charge in any zone or zones. The act sets forth
various requirements relating to the calculation of groundwater
charges, including a requirement that certain increases in rates be
directly related to the reduction in the affected zone groundwater
levels in a specified period. The act requires a public hearing to be
held at least 21 days before the date on which a new or adjusted
groundwater charge is proposed to take effect.
This bill would instead authorize the board to impose or adjust a
groundwater charge in any zone or zones and would specify that any
groundwater charge approved by the board would remain in effect until
the board determines that it should be eliminated, decreased, or
increased. This bill would revise certain requirements relating to
the calculation of groundwater charges and would delete the
requirement that certain increases in groundwater charge rates be
directly related to the reduction in the affected zone groundwater
levels. The bill would require the public hearing to be held at least
45, rather than 21, days before the date on which the new or
adjusted groundwater charge is proposed to take effect.
(4) By imposing new requirements on the district, this bill would
create a state-mandated local program.
(3)
(5) 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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4 of the Santa Clara
Valley Water District Act (Chapter 1405 of the Statutes
of 1951), as amended by Chapter 279 of the Statutes of 2006, is
amended to read:
Sec. 4. (a) The purposes of this act are to authorize the
district to provide comprehensive water management for all beneficial
uses and protection from flooding within Santa Clara County.
(b) It is the intent of the Legislature that the district work
collaboratively with other appropriate entities in Santa Clara County
in carrying out the purposes of this act.
(c) The Legislature finds and declares all of the following:
(1) Historically, the district's role was to secure additional
water supplies to meet demand. However, there are limitations on the
district's ability to acquire new water and the state has enacted
water conservation goals.
(2) Authorization of demand management measures will ensure that
the district has the tools and flexibility needed to address
challenges to ensure a reliable and sustainable water supply future.
(c)
(d) The district may take action to do all of the
following:
(1) Protect Santa Clara County from floodwater and stormwater of
the district, including tidal floodwater and the floodwater and
stormwater of streams that have their sources outside the district,
but flow into the district.
(2) Protect from that floodwater or stormwater the public
highways, life and property in the district, and the watercourses and
watersheds of streams flowing within the district.
(3) Provide for the conservation and management of floodwater,
stormwater, or recycled water, or other water from any sources within
or outside the watershed in which the district is located for
beneficial and useful purposes, including spreading, storing,
retaining, and causing the waters to percolate into the soil within
the district.
(4) Protect, save, store, recycle, distribute, transfer, exchange,
manage, and conserve in any manner any of the waters.
(5) Increase and prevent the waste or diminution of the water
supply in the district.
(6) Obtain, retain, protect, and recycle drainage, stormwater,
floodwater, or treated wastewater, or other water from any sources,
within or outside the watershed in which the district is located for
any beneficial uses within the district.
(7) Enhance, protect, and restore the health of
streams, waterways, riparian corridors, baylands,
ecosystems, and natural resources in connection with carrying
out the purposes set forth in this section.
(8) Preserve open space in Santa Clara County and support the
county park system in a manner that is consistent with carrying out
the powers granted by this section.
(9) Integrate management of all water resources of the district,
in order to improve long-term water management sustainability,
provide flexibility to address the impacts of anticipated extreme
hydrological events, such as droughts and floods, and respond to
climate change impacts, such as reduced snowpack, changes in local
precipitation patterns, and rising sea level.
(10) Participate in the market of credits or other benefits
related to the reduction of environmental impacts or improved
comprehensive water management.
(11) Take action consistent with responsibility delegated by the
state to urban wholesale water suppliers pursuant to Part 2.55
(commencing with Section 10608) of Division 6 of the Water Code.
(12) Provide incentives for water conservation and otherwise
promote efficient water use.
(13) Integrate district energy and water policies and practices,
in order to provide energy and environmental benefits.
(14) Protect, restore, or improve water quality for all beneficial
uses, consistent with the express authorities provided in this act.
(15) Reduce greenhouse emissions from district operations or
sources within the district.
(e) Nothing in this act shall be construed to authorize the
district to do either of the following:
(1) Impose measures on entities, other than the district, to
mitigate climate impacts or to increase the production of renewable
or alternative energy.
(2) Require or impose specific rate structures on retail water
suppliers.
SEC. 2. Section 26.5 of the Santa Clara
Valley Water District Act (Chapter 1405 of the Statutes
of 1951), as amended by Chapter 794 of the Statutes of 1989, is
amended to read:
Sec. 26.5. (a) The district shall annually prepare a written
report upon regarding the district's
activities in the protection and augmentation of the
all water supplies of the district. The report
shall include, among other information the board may order,
a all of the following:
(1) A financial analysis of the
district's water utility system ; information
.
(2) Information as to the present
and future water requirements of the district, the water supply
available to the district, and future capital improvement and
maintenance and operating requirements ; ,
and a method of financing those requirements
; a .
(3) Groundwater monitoring information collected by the district.
(4) A recommendation as to
whether or not a groundwater charge should be levied
remain unchanged, be decreased or increased, or be
newly imposed, in any zone or zones of the district
during the ensuing water year and, if any groundwater charge is
recommended , and a proposal of a rate or rates
per acre-foot for agricultural water and a rate or rates per
acre-foot for all water other than agricultural water for the zone or
zones, which rate or rates, as applied to operators who produce
groundwater above a specified annual amount, may be subject to
prescribed, fixed, and uniform increases in proportion to increases
by that operator in groundwater production over the production of
that operator for a prior base period to be specified by the board.
(b) The report shall not contain a recommendation of any increases
in proportion to increased production in a zone unless based upon an
analysis showing the cause of the reduction in the groundwater
levels of the zone requiring the increases, with attention given to
the effect of extractions of pumpers outside of, as well as within
the zone, and with an evaluation of alternative measures
which that may feasibly be taken within the
entire affected groundwater basin and of any alternative supplies of
water available for that zone, including the availability of treated
water supplied by the district or treated groundwaters
groundwater or groundwaters
groundwater extracted in a cleanup operation and available
to the district for reuse. The report shall be consistent with any
conservation and reuse plan approved by the State Water Resources
Control Board. The report shall also include all of the following:
(1) The amount of groundwater produced in the proposed zone and
alternative water sources.
(2) The estimated costs of recharging each zone or zones.
(3) The estimated costs of mitigating any effects of pumping.
(4) Information specifying the benefits that have been received
and will be received within the zone or zones where a groundwater
charge has been levied and collected, or is recommended to be levied
and collected.
SEC. 3. Section 26.7 of the Santa Clara
Valley Water Act (Chapter 1405 of the Statutes of 1951),
as amended by Chapter 279 of the Statutes of 2006, is amended to
read:
Sec. 26.7. (a) (1) Prior to the end of the water year in
which the hearing is held, and based upon the findings and
determinations from the hearing, the board shall determine whether or
not a groundwater charge should be levied in any zone or zones.
Based on the report produced pursuant to subdivision
(a) of Section 26.5 and the findings and determinations from the
hearing required pursuant to Section 26.6, the board may impose or
adjust a groundwater charge in any zone or zones. Upon approval by
the board, a groundwater charge shall remain in effect until the
board makes a determination that it should be eliminated, decreased,
or increased.
(2) If the board determines that a groundwater charge
should be levied, it shall levy, assess, and affix the charge or
charges A groundwater charged imposed pursuant to this
section shall be levied against all persons operating
groundwater-producing facilities within the zone or zones
during the ensuing water year where groundwater
charges are imposed .
(3) (A) The charge shall be computed at a fixed and uniform rate
or rates per acre-foot for agricultural water, and at a fixed and
uniform rate or rates per acre-foot for all water other than
agricultural water.
(B) Different rates may be established in different zones
, except that in each zone the rate or rates for agricultural water
shall be fixed and uniform .
(C) The rate or rates, as applied to operators who produce
groundwater above a specified annual amount, may, except in the case
of any a person extracting groundwater
in compliance with a government-ordered program of cleanup of
hazardous waste contamination, be subject to prescribed, fixed, and
uniform increases in proportion to increases by that operator in
groundwater production over the production of that operator for a
prior base period to be specified by the board, upon a finding by the
board that anticipated conditions of drought and water
shortage require the increases. The increases shall be
related directly to the reduction in the affected zone groundwater
levels in the same base period.
(D) The rates shall be established each year in
accordance with a budget for that year approved
by the board pursuant to this act, or amendments or adjustments to
that budget, and shall be fixed and uniform rates for agricultural
water and for all water other than agricultural water, respectively,
except that each rate for agricultural water shall not exceed
one-fourth of the rate for all water other than agricultural water.
(b) (1) The board may also impose or adjust any
a groundwater charge, and the rate of any
a charge, on or before January 1 of each water
year whenever the board determines that the imposition or adjustment
of the charge is necessary.
(2) The board shall prepare a supplemental report to the annual
report prepared pursuant to Section 26.5, explaining the reasons for
the imposition or adjustment of the charge. The board shall file the
supplemental report with the clerk of the board at least 45 days
before the date the new or adjusted charge is proposed to take
effect.
(3) (A) The clerk shall publish in a newspaper of general
circulation published within the district, pursuant to Section 6061
of the Government Code, a notice of the receipt of the supplemental
report and a hearing to be held on the proposed imposition or
adjustment of the groundwater charge at least 31 days before the date
on which the new or adjusted charge is proposed to take effect and
at least 10 days before the date of the hearing.
(B) The notice shall invite any operator of a water-producing
facility within the district and other interested parties to examine
the supplemental report prepared pursuant to paragraph (2) at the
district office.
(4) (A) A public hearing shall be held at least 21
45 days before the date on which the new or
adjusted groundwater charge is proposed to take effect in the
chambers of the board.
(B) Any operator of a water-producing facility within the district
may, in person or by means of a representative, present evidence at
the hearing concerning the imposition or adjustment of the
groundwater charge.
(c) Any A groundwater charge
levied imposed pursuant to this section
shall be in addition to any general tax or assessment levied within
the district or any zone or zones thereof. Prior to imposing or
increasing a property-related groundwater charge or fee, the district
shall comply with the requirements of Article XIII D of the
California Constitution.
(d) Clerical errors occurring or appearing in the name of any
person or in the description of the water-producing facility from
which the production of water is otherwise properly charged, or in
the making or extension of any charge upon the records that do not
affect the substantial rights of the assessee or assessees, shall not
invalidate the groundwater charge.
SEC. 4. Section 29 is added to the Santa
Clara Valley Water District Act (Chapter 1405 of the
Statutes of 1951), to read:
Sec. 29. (a) The district may provide incentives or
otherwise encourage retail water suppliers to implement urban water
conservation measures that prevent the waste of water and promote the
reasonable and efficient use and reuse of available supplies,
including, but not limited to, water demand management measures
identified pursuant to Section 10631 of the Water Code and efficient
water management practices identified in Section 10608.48 of the
Water Code.
(b) The district may require the owner of a non-agricultural
water-producing facility that is not owned by a retail water supplier
to implement conservation practices and measures, including imposing
tiered rates or other water conservation measures that prevent the
waste of water and promote the reasonable and efficient use and reuse
of available supplies.
(c) Consistent with Part 2.8 (commencing with Section 10800) of
Division 6 of the Water Code, the district may require agricultural
water users to comply with efficient water management practices.
(d) If implementation of measures, in addition to the measures in
subdivisions (a), (b), and (c), is a precondition for the continued
delivery of imported water to the district pursuant to state or
federal law, the district shall have the authority to require those
measures.
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.
All matter omitted in this version of the bill appears in the bill
as amended in the Senate, June 16, 2010. (JR11)