BILL NUMBER: AB 2775 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2010
AMENDED IN SENATE JUNE 17, 2010
INTRODUCED BY Assembly Member Huffman
(Principal coauthor: Senator Cogdill)
MARCH 1, 2010
An act to amend Section 79749 of the Water Code, relating to
water, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2775, as amended, Huffman. Safe, Clean, and Reliable Drinking
Water Supply Act of 2010: surface storage projects: joint powers
authorities.
(1) Existing law creates the Safe, Clean, and Reliable Drinking
Water Supply Act of 2010, which, if approved by the voters at the
November 2, 2010, statewide general election, would authorize the
issuance of bonds in the amount of $11,140,000,000 pursuant to the
State General Obligation Bond Law to finance a safe drinking water
and water supply reliability program. The bond act, among other
things, would continuously appropriate $3,000,000,000 to the
California Water Commission for specified water projects, including
surface storage projects identified in the CALFED Bay-Delta Program
Record of Decision, dated August 28, 2000, except as specified. Funds
allocated for this purpose are authorized by the bond act to be
provided to local joint powers authorities formed by irrigation
districts and other local water districts and local governments
located within the applicable hydrologic region to design, acquire,
and construct those projects.
The bond act would also require the Department of Water Resources
to be an ex-officio ex officio member
of each joint powers authority, prohibit the department from
controlling the governance, management, or operation of the surface
water storage project, and authorize the joint powers authorities to
include in their membership governmental and nongovernmental partners
that are not located within their respective hydrologic regions in
financing the surface storage projects, including, as appropriate,
cost share participation or equity participation.
This bill would delete the above requirement and
prohibition on the department, and would delete the above
authorization for joint powers authorities, in connection with
surface storage projects would delete the
authorization for joint powers authorities to include nongovernmental
partners in their membership. The bill would also prohibit the joint
powers authorities from including in their membership any for-profit
corporation, or mutual water company whose shareholders and members
include a for-profit corporation or any other private entity .
The bill would require the Secretary of State to include the changes
made by this bill when submitting to the voters the Safe, Clean, and
Reliable Drinking Water Supply Act of 2010, at the November 2, 2010,
statewide general election.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 79749 of the Water Code, as added by Chapter 3
of the Seventh Extraordinary Session of the Statutes of 2009, is
amended to read:
79749. (a) The funds allocated for the design, acquisition, and
construction of surface storage projects identified in the CALFED
Bay-Delta Record of Decision, dated August 28, 2000, pursuant to this
chapter may be provided for those purposes to local joint powers
authorities formed by irrigation districts and other local water
districts and local governments within the applicable hydrologic
region to design, acquire, and construct those projects.
(b) The joint powers authorities described in subdivision (a) may
include in their membership governmental partners that are not
located within their respective hydrologic regions in financing the
surface storage projects, including, as appropriate, cost share
participation or equity participation. Notwithstanding Section 6525
of the Government Code, the joint powers authorities described in
subdivision (a) shall not include in their membership any for-profit
corporation, or any mutual water company whose shareholders and
members include a for-profit corporation or any other private entity.
The department shall be an ex officio member of each joint powers
authority subject to this section, but the department shall not
control the governance, management, or operation of the surface water
storage projects.
(b)
(c) A joint powers authority subject to this section
shall own, govern, manage, and operate a surface water storage
project, subject to the requirement that the ownership, governance,
management, and operation of the surface water storage project shall
advance the purposes set forth in this chapter.
SEC. 2. Notwithstanding Section 9040
Sections 9040, 9043, 9044, and 9061 of the Elections Code, the
Secretary of State shall submit Section 79749 of the Water Code, as
amended by Section 1 of this act, in place of Section 79749, as added
by Section 1 of Chapter 3 of the Seventh Extraordinary Session of
the Statutes of 2009, in order that it is voted upon as part of the
Safe, Clean, and Reliable Drinking Water Supply Act of 2010, at the
November 2, 2010, statewide general election.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to enable the Secretary of State to make the changes
required by this act at the earliest possible date, it is necessary
that this act take effect immediately.