BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2483|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2483
Author: Coto (D), et al
Amended: 8/3/10 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 6/29/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Simitian
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 6/30/10
AYES: Kehoe, DeSaulnier, Price
NOES: Cox, Aanestad
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 49-28, 6/3/10 - See last page for vote
SUBJECT : Santa Clara Valley Water District
SOURCE : Santa Clara Valley Water District
DIGEST : This bill revises and recast the Santa Clara
Valley Water District Act.
ANALYSIS : Existing law:
1.Requires the Santa Clara Water District (district) to
annually prepare a written report on the district's
activities in the protection and augmentation of the
CONTINUED
AB 2483
Page
2
water supplies of the district, and requires the report
to include information prescribed by the act and other
information the board may order.
2.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.
3.Requires the board of directors of the district (board)
to hold a public hearing on the annual report, and
prescribes notice requirements for purposes of the public
hearing.
4.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
from the public hearing on the annual report.
5.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.
6.Prescribes public hearing and notice requirements for the
imposition of new and adjusted groundwater charges.
7.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.
8.Prescribes specific procedures and parameters for local
jurisdictions in complying with Article XIII D of the
California Constitution.
This bill:
1.Authorizes the district to take actions relating to water
management, water quality, and energy and environmental
benefits in the district.
AB 2483
Page
3
2.Authorizes the district to provide incentives or
assistance to water retailers to implement specified
water conservation measures.
3.Authorizes 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.
4.Requires a written report on the district's activities in
the protection and augmentation of the water supplies of
the district.
5.Revises the required groundwater charge recommendation to
instead require the district to make 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.
6.Repeals a public hearing and notice requirement related
to groundwater changes and authorizes the board to impose
a groundwater charge in any zone in compliance with
Article XII D of the California Constitution and
specified provisions of the Government Code.
7.Revises certain requirements relating to the calculation
of groundwater charges, and delete the requirement that
certain increases in groundwater charge rates be directly
related to the reduction in the affected zone groundwater
levels.
Background
The Santa Clara Valley Water District operates under a 1951
special act, providing flood control and water services.
Over the last 50 years, the District's mission changed from
serving an agricultural base into an urban water agency.
In 1962, the District gained the ability to levy
groundwater charges in areas that benefit from the recharge
of underground water supplies or the distribution of
imported water to those areas. The owners of water
producing facilities pay the groundwater charges. The
AB 2483
Page
4
District's Act spells out the procedures that it must
follow before levying the annual groundwater charges,
including a detailed annual report, public notices, and a
public hearing (SB 1x, Thompson, 1962).
Proposition 218 (1996) defined a property-related fee or
charge as any levy other than an ad valorem tax, a special
tax, or an assessment imposed by an agency on a parcel or
on a person as an incident of property ownership, including
a user fee or charge for a property-related service.
Before a local government can charge a new property-related
fee, or increase an existing one, Proposition 218 requires
local officials to:
1. Identify the parcels to be charged.
2. Calculate the fee for each parcel.
3. Notify the parcels' owners in writing about the fees and
the hearing.
4. Hold a public hearing to consider and count protests.
5. Abandon the fees if a majority of the parcels' owners
protest.
Further, new or increased property-related fees require:
1. A majority-vote of the affected property owners; or,
2. Two-thirds registered voter approval; or,
3. Weighted ballot approval by the affected property
owners.
The election requirements don't apply to property-related
fees for sewer, water, or refuse collection services.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/10)
Santa Clara Valley Water District (source)
American Federation of State, County and Municipal
Employees
Association of California Water Agencies
California Special Districts Association
Clean Water Action
Gavilan Water District
AB 2483
Page
5
International Federation of Professional and Technical
Engineers
Professional and Technical Engineers, IFPTE Local 21
Sierra Club-California
OPPOSITION : (Verified 8/9/10)
Great Oaks Water Company
Silicon Valley Taxpayers Association
Howard Jarvis Taxpayers Association
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,
Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Portantino, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,
Logue, Miller, Nestande, Niello, Nielsen, Norby, V.
Manuel Perez, Silva, Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Audra Strickland
CTW:nl 8/9/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****