BILL NUMBER: AB 2483 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
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 amend Sections 4, 26.5, and 26.7 of, and
to add Section 29 to, and to repeal Section 26.6 of,
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.
This bill would authorize the district to take actions relating to
water management, water quality, and reduction of
environmental impacts energy and environmental benefits
in the district. The bill also would authorize the district to
provide incentives or assistance 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 . The bill would
authorize the district to implement other measures if the
implementation of those measures is a precondition for continued
delivery of imported water to the district pursuant to state or
federal law.
(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 prescribes notice requirements for
purposes of the public hearing.
This bill would repeal that public hearing requirement and the
related notice requirements.
(4) The act requires the board to
determine whether to levy a groundwater charge in any zone or zones
prior to the end of the water year based upon findings and
determinations fr om the public hearing on the annual
report. 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 prescribes public hearing and notice
requirements for the imposition of new and adjusted groundwater
charges .
Article XIII D of the California Constitution, which was added
pursuant to the approval by the voters of Proposition 218 at the
November 5, 1996, statewide general election, generally requires that
assessments, fees, and charges be submitted to property owners for
approval or rejection after the provision of a written notice and the
holding of a public hearing. Existing provisions of the Government
Code prescribe specific procedures and parameters for local
jurisdictions in complying with Article XIII D of the California
Constitution.
This bill would repeal the public hearing and notice
requirements related to groundwater charges, and 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 in compliance with Article
XIII D of the California Constitution and
specified provisions of the Government Code . 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)
(5) By imposing new requirements on the district, this
bill would create a state-mandated local program.
(5)
(6) 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 reasons reason
.
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 Section 1
of 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.
(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)
(10) 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)
(11) Provide incentives for water conservation and
otherwise promote efficient water use.
(13)
(12) Integrate district energy and water policies and
practices, in order to provide energy and environmental benefits.
(14)
(13) Protect, restore, or improve water quality for all
beneficial uses, consistent with the express authorities provided in
this act.
(15)
(14) Reduce greenhouse gas emissions from
district operations or sources within the district.
(e) Nothing in this act shall be construed to authorize the
district to do either any of the
following:
(1) Impose measures on entities, other than the district, to
mitigate climate impacts or to change
impacts, reduce greenhouse gas emissions, or increase the
production of renewable or alternative energy.
(2) Require or impose specific rate structures on retail water
suppliers.
(3) Regulate, limit, or condition the diversion and use of surface
water, or the extraction and use of groundwater, or otherwise
regulate, limit, or condition the exercise of water rights, except as
expressly provided in this act.
(4) Act in conflict with legal authority exercised by any state
agency, including, but not limited to, the State Department of Public
Health, the State Water Resources Control Board, the San Francisco
Bay Regional Water Quality Control Board, or the Public Utilities
Commission.
SEC. 2. Section 26.5 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 1
of Chapter 794 of the Statutes of 1989, is amended to read:
Sec. 26.5. (a) The district shall annually prepare a written
report regarding the district's activities in the protection and
augmentation of all water supplies of the district. The report shall
include, among other information the board may order, all of the
following:
(1) A financial analysis of the district's water utility system.
(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.
(3) Groundwater monitoring information collected by the district.
(4) A recommendation as to whether or not a groundwater charge
should remain unchanged, be decreased or increased, or be newly
imposed, in any zone or zones of the district, 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 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 groundwater or 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 26.6 of the Santa Clara
Valley Water District Act (Chapter 1405 of the Statutes
of 1951), as amended by Section 31.4 of Chapter 1195 of the Statutes
of 1993, is repealed.
Sec. 26.6. On or before the first Tuesday in April of each year
the report shall be delivered to the clerk of the district board in
writing. The clerk shall publish, pursuant to Section 6061 of the
Government Code, a notice of the receipt of the report and of the
public hearing to be held on or before the fourth Tuesday in April in
a newspaper of general circulation printed and published within the
district, at least 10 days prior to the date at which the public
hearing regarding the report shall be held. The notice, among other
information which the district may provide, shall contain an
invitation to all operators of water-producing facilities within the
district and to any person interested in the district's activities in
the protection and augmentation of the water supplies of the
district to call at the offices of the district to examine the
report. There shall be held on or before the fourth Tuesday of April
of each year, in the chambers of the board, a public hearing at which
time any operator of a water-producing facility within the district,
or any person interested in the district's activities in the
protection and augmentation of the water supplies of the district,
may in person, or by representative, appear and submit evidence
concerning the subject of the written report.
.
SEC. 3. SEC. 4. Section 26.7 of the
Santa Clara Valley Water District Act (Chapter 1405 of the
Statutes of 1951), as amended by Section 10 of Chapter
279 of the Statutes of 2006, is amended to read:
Sec. 26.7. (a) (1) 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.
26.7. (a) (1) (A) In compliance with Article XIII
D of the California Constitution and Article 4.6 (commencing with
Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code, the board may impose a groundwater charge in any
zone.
(B) A groundwater charge levied pursuant to this act shall be
deemed to be a property-related charge for water services as that
term is used in Section 6 of Article XIII D of the California
Constitution.
(C) Before levying a groundwater charge in any zone or zones, the
board shall consider the annual report prepared pursuant to Section
26.5.
(2) A groundwater charged imposed pursuant to this section shall
be levied against all persons operating groundwater-producing
facilities within the zone or zones 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.
(C) The rate or rates, as applied to operators who produce
groundwater above a specified annual amount, may, except in the case
of 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.
(D) The rates shall be established in accordance with a budget
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 a groundwater charge,
and the rate of 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 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) A groundwater charge 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.
(b) A groundwater charge imposed pursuant to this section shall be
in addition to any tax or assessment levied within the district or
any zone.
SEC. 4. SEC. 5. 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
assistance, 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)
(b) If implementation of measures, in addition to the
measures in subdivisions (a), (b), and (c)
subdivision (a) , 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. SEC. 6. 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.