BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 2483 HEARING DATE: June 29, 2010
AUTHOR: Coto URGENCY: No
VERSION: June 28, 2010 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Local Government FISCAL: Yes
SUBJECT: Santa Clara Valley Water District.
BACKGROUND AND EXISTING LAW
The Santa Clara Valley Water District (district) provides
wholesale water supply and flood management services to Santa
Clara County. Increasingly, it is also undertaking
environmental restoration and management programs and projects.
The district serves approximately 1.8 million people and 200,000
commuters in the 15 cities and unincorporated areas of the 1,300
square mile county in the southern San Francisco Bay Area.
The district is authorized and operates under the Santa Clara
Valley Water District Act (Act), enacted by the Legislature in
1951. The Act has been amended numerous times over the years as
the district merged with other entities, assumed additional
duties, and adapted to new conditions and issues. There has not
been a comprehensive revision of the Act since it was originally
enacted in 1951.
PROPOSED LAW
This bill would amend the Santa Clara Valley Water District Act
as follows:
1.Expand and clarify the districts powers and authorities
regarding water conservation and demand management, protecting
natural resources, and responding to climate change,
including:
a. Authorizing the district to:
Integrate management of all water resources
available in the district, in order to improve long-term
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water management sustainability, provide flexibility to
address the impacts of anticipated extreme hydrological
events, and respond to climate change impacts.
Participate in the market of credits or other
benefits related to the reduction of environmental
impacts or improved comprehensive water management.
Implement the water conservation measures authorized
in SBX7 6.
Provide incentives for water conservation and
otherwise promote efficient water use.
Integrate district energy and water policies and
practices to provide energy and environmental benefits.
Protect, restore or improve water quality for all
beneficial uses.
Reduce greenhouse emissions from district operations
or sources within the district.
a. Clarifying that nothing in the Act shall be construed
to:
Authorize the district to impose measures on others
to mitigate climate impacts or to increase the production
of renewable or alternative energy.
Authorize the district to require or impose specific
rate structures on water retailers.
1.Revise the current assessment of groundwater charges from
being newly imposed each year to being permanent until the
board takes action to change the rates.
1.Make other conforming changes to the Act.
ARGUMENTS IN SUPPORT
According to the district, "Increasing pressures on the
Bay-Delta system, the source of half of Santa Clara County's
water supplies, make it imperative that the District have the
clear authority to promote water conservation and protect local
groundwater supplies."
"Historically, the role of the District was to secure
appropriate water supplies as needed to meet demand. Today,
there are increasing limitations on the ability to acquire
additional water and the state has enacted new water
conservation goals. The revisions to the District Act contained
in AB 2483 are needed to align the Act with the state's water
conservation and management goals; help ensure the long-term
reliability of local water supplies; and bring the act into sync
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with current state policy on climate change and renewable energy
generation."
ARGUMENTS IN OPPOSITION: None on the 6/28/10 version of bill
COMMENTS
Addresses Immediate Issue. The current Act is poorly organized,
archaic in its language, and does not reflect much of the
evolution of water law over the past 50+ years. In particular,
the procedures for levying groundwater charges don't appear to
reflect current constitutional or statutory requirements; there
are no mailed notice to property owners, no procedure for
counting protests, and no majority-protest provision that stops
new or increased charges. Consequently, the district's current
practices are subject to much controversy, including pending
legal action. This bill attempts to address at least some of
those issues by allowing the District's board to levy
groundwater charges that last longer than just one year.
Sets Stage For Further Improvements . This bill begins to expand
the district's legal authority to address pressing water
resources problems in the Santa Clara Valley. The new and
expanded powers proposed in this bill reflect the recent trend
towards more fully integrating planning and management of water
resources, flood management, and groundwater management. The
bill would further provide the district with authorities
intended to help it to respond to the challenges climate change
presents to managing water and natural resources.
Still Work To Be Done. While this bill begins the process to
modernize the district's authorities, it does not integrate
these new authorities into the management processes established
under the existing Act. Further, to modernize the language and
increase readability, the entire Act would still benefit from a
thorough revision.
Talks Are Continuing. Proponents and opponents of the previous
version of the bill are continuing to discuss potential changes.
Such discussions might result in amendments that substantively
change the bill. The committee may wish to seek assurances from
the author that should he substantively amend the bill, he would
willingly bring the bill back to this committee for further
consideration.
Refer to Senate Local Government. Because AB 2483 affects not
only the District's water supply and conservation programs, but
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its procedures for levying groundwater charges as well, the
Senate Rules Committee referred the bill to two policy
committees. If the bill passes this Committee, the Senate Local
Government Committee will hear the bill on June 30.
SUGGESTED AMENDMENTS: None
SUPPORT (6/16/10 version)
Santa Clara Valley Water District (Sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
Association of California Water Agencies (ACWA)
California Special Districts Association
Professional and Technical Engineers, IFPTE Local 21
Sierra Club California
Private Citizen (1)
OPPOSITION (6/16/10 version)
California Cattlemen's Association
California Chamber of Commerce
California Farm Bureau Federation
California Water Service Company
Great Oaks Water Company
San Jose Water Company
Silicon Valley Taxpayers' Association
Western Growers
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