BILL NUMBER: AB 954 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 18, 2011
An act to amend Sections 60300, 60305, 60306, 60309, 60315, 60316,
60317, 60317.5, and 60325 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 954, as introduced, Charles Calderon. Water replenishment
districts.
(1) The Water Replenishment District Act provides for the
formation of water replenishment districts. The act grants authority
to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that
district. The act requires the board of directors of a water
replenishment district to prepare annually an engineering survey and
report that includes information relating to the groundwater supplies
within the district. The act requires the board to make certain
determinations in connection with a decision to impose a water
replenishment assessment to purchase replenishment water or to remove
contaminants from the groundwater supplies of the district. The act
requires the water replenishment assessment to be fixed at a uniform
rate per acre-foot of groundwater produced within the district.
This bill, instead, would require information in that engineering
survey and report, and those related determinations, to pertain to
the groundwater in each basin within the district. The board of
directors of a water replenishment district, upon determining to
impose a water replenishment assessment on the production of
groundwater from each groundwater basin, would be required, except as
otherwise provided, to impose the assessment in an amount that is
calculated to pay for costs that include the actual cost of
replenishing the groundwater basin, removing contaminants from the
groundwater basin, and the administrative costs of the district. The
charge would be required to be fixed at a uniform rate. The bill
would make other conforming changes. By establishing these
requirements on a water replenishment district, the bill would impose
a state-mandated local program.
(2) 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 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 60300 of the Water Code is amended to read:
60300. Not later than the second Tuesday in February of
each year year, the board shall
order an engineering survey and report to be made regarding the
ground water groundwater supplies of
the district. The same engineering survey and
report shall include, among all other information and data
which that the board may require, the
following:
(1)
(a) Records, data data,
and other information for the consideration of the board in its
determination of the annual overdraft;
overdraft.
(2)
(b) Records, data data,
and other information for the consideration of the board in its
determination of the accumulated overdraft as of the last day of the
preceding water year; year.
(3)
(c) A report, with supporting data, as to the total
production of ground water groundwater
from the ground water groundwater
supplies within the replenishment district during the preceding water
year; year.
(4)
(d) A report, with supporting data, as to the changes
during the preceding water year in the pressure levels or piezometric
heights of the ground water groundwater
contained within pressure-level areas of the replenishment
district, and as to the effects thereof upon the ground
water supplies each groundwater basin within
such the replenishment
district; district.
(5)
(e) An estimate of the annual overdraft for the current
water year and for the ensuing water year;
year.
(6)
(f) An estimate of the accumulated overdraft as of the
last day of the current water year; year.
(7)
(g) An estimate of the total production of
ground water groundwater from the
ground water supplies each groundwater basin
within the replenishment district for the current water year and for
the ensuing water year; year.
(8)
(h) An estimate of the changes during the current water
year in the pressure levels or piezometric heights of the
ground water groundwater contained within
pressure-level areas of each groundwater basin within the
replenishment district, and of the effects thereof upon the
ground water supplies each groundwater basin
within such the replenishment
district; district.
(9)
(i) An estimate of the quantity, source, and cost of
water available for replenishment of needed
to replenish the ground water supplies
groundwater in each basin within the replenishment district
during the ensuing water year under the provisions of Section 60315.
(j) An estimate of the total costs, including program and
administrative costs, of the district during the ensuing water year.
SEC. 2. Section 60305 of the Water Code is amended to read:
60305. (a) On or before the second Tuesday
in March of each year, and provided the engineering survey
and report called for required by
Section 60300 has been made, the board, by resolution, shall declare
whether funds shall be raised to purchase water for
replenishment during the next ensuing fiscal year
and whether the funds shall be raised either by (a)
a water charge, as provided in Chapter 2
(commencing with Section 60245) of Part 5, (b)
a general assessment, as provided in Chapter 3
(commencing with Section 60250) of Part 5, (c)
a replenishment assessment as
provided in this chapter, or (d)
a combination of any two or more of the
foregoing, and whether the funds so to be raised, whether by a water
charge, a general assessment, a replenishment assessment or a
combination of those means, will benefit, directly or indirectly, all
of the persons or real property and improvements
groundwater basin within the district. The resolution
shall also declare whether funds shall be raised to remove
contaminants from groundwater supplies district
during the next ensuing fiscal year or to exercise any other
power under Section 60224, and whether the
funds for that purpose shall be raised by
a replenishment assessment as provided in this chapter, with a like
statement any of benefit.
the following:
(1) A water charge, as provided in Chapter 2 (commencing with
Section 60245) of Part 5.
(2) A general assessment, as provided in Chapter 3 (commencing
with Section 60250) of Part 5.
(3) A replenishment assessment as provided in this chapter.
(4) A combination of any two or more of the charge or assessments
described in this subdivision, and whether the funds to be raised,
whether by a water charge, a general assessment, a replenishment
assessment or a combination of those means, will benefit, directly or
indirectly, all of the persons or real property and improvements
overlying the groundwater basin for which replenishment water is
proposed to be purchased.
(b) The resolution shall also declare whether funds shall be
raised to remove contaminants from any groundwater basin within the
district during the next ensuing fiscal year or to exercise any other
power under Section 60224, and whether funds for that purpose shall
be raised by a replenishment assessment as provided in this chapter,
with a statement of benefit similar to that set forth in subdivision
(a).
SEC. 3. Section 60306 of the Water Code is amended to read:
60306. (a) If the board, by resolution,
determines that all or a portion of the funds needed to purchase
replenishment water, or for any groundwater
basin within the district, to remove contaminants from the
groundwater supplies of basin within
the district, or to exercise any other power under Section
60224, 60224 with regard to any groundwater basin
within the district, shall be raised by the levy of a
replenishment assessment, then the board shall
immediately publish a notice that a public hearing will be held on
the second Tuesday of April for the purpose of determining whether
and to what extent the estimated costs thereof for the ensuing year
shall be paid for by a replenishment assessment. The notice
shall contain a copy of the board's resolution, the time and place of
the hearing, and an invitation to all interested parties to attend
and be heard in support of or opposition to the proposed assessment,
the engineering survey and report, and the board's determination, and
shall invite inspection of the engineering survey and report
assessment imposed upon which
the board acted. The notice shall be published in each
affected county pursuant to Section 6061 production
of water from the Government Code, at least
10 days before the hearing date. affected groundwater
basin.
(b) The notice shall contain a copy of the resolution, the time
and place of the hearing, and an invitation to all interested parties
to attend and be heard in support of or opposition to the proposed
assessment, the engineering survey and report, and the board's
determination, and shall invite inspection of the engineering survey
and report upon which the board acted. The notice shall be published
in each affected county pursuant to Section 6061 of the Government
Code, at least 10 days before the hearing date.
SEC. 4. Section 60309 of the Water Code is amended to read:
60309. All evidence relevant to the engineering survey and report
and the board's determination that such a
replenishment assessment shall be levied upon the production of
water from a groundwater basin within the district may be
introduced.
SEC. 5. Section 60315 of the Water Code is amended to read:
60315. Upon completing the hearing, but no later than the second
Tuesday in May, the board shall, by resolution,
resolution adopted with regard to the replenishment of any
groundwater basin within the district, find all of the
following:
(a) The annual overdraft of the groundwater basin for
the preceding water year.
(b) The estimated annual overdraft of the
groundwater basin for the current water year.
(c) The estimated annual overdraft of the groundwater basin
for the ensuing water year.
(d) The accumulated overdraft of the groundwater basin
as of the last day of the preceding water year.
(e) The estimated accumulated overdraft of the groundwater
basin as of the last day of the current water year.
(f) The total production of groundwater from the groundwater
supplies within basin for the
district during the preceding water year.
(g) The estimated total production of groundwater from the
groundwater supplies within the district
basin for the current water year.
(h) The estimated total production of groundwater from the
groundwater supplies within the district
basin for the ensuing water year.
(i) The changes during the preceding water year in the pressure
levels or piezometric heights of the groundwater contained within
pressure-level areas of the district,
groundwater basin, and the effects thereof upon the
groundwater supplies water supply within the
district. basin.
(j) The estimated changes during the current water year in the
pressure levels or piezometric heights of the groundwater contained
within pressure-level areas of the district,
groundwater basin, and the estimated effects thereof upon the
groundwater supplies within the district.
basin.
(k) The quantity of water that should be purchased for the
replenishment of the groundwater supplies of the district
basin during the ensuing water year.
( l ) The source and estimated cost of water available
for the replenishment. replenishment of the
groundwater basin.
(m) The estimated costs of replenishing the groundwater
supplies basin with the water so
purchased.
(n) The estimated costs of purchasing, in water years succeeding
the ensuing water year, that portion of the quantity of water which
should be purchased for the replenishment of the groundwater
supplies of the district basin during the
ensuing water year, but which is estimated to be unavailable for
purchase during the ensuing water year; estimated
year. Estimated costs shall be based on the estimated
price of water for replenishment purposes during the ensuing water
year.
(o) The estimated rate of the replenishment assessment required to
be levied upon the production of groundwater from the groundwater
supplies within the district basin
during the ensuing fiscal year for the purposes of accomplishing the
replenishment replenishment, including the
payment of a reasonable, pro rata allocation of the costs, including
program and administrative costs, of the district and
providing a reserve fund to purchase in future years, when
available, that portion of the quantity of water which should be
purchased for the replenishment of the groundwater supplies
of the district basin during the ensuing water
year, but which is estimated to be unavailable for purchase during
that ensuing water year.
(p) Whether any contaminants should be removed from any
groundwater supplies basin during the
ensuing fiscal year, and whether any other actions under Section
60224 should be undertaken with regard to the groundwater basin
during the ensuing fiscal year, the estimated costs thereof,
and the estimated additional rate of replenishment assessment
required to be levied upon the production of groundwater from the
groundwater supplies within the district
basin during the ensuing fiscal year for those purposes.
(q) Whether any program for removal of contaminants from the
groundwater basin or other actions taken with regard to
the groundwater basin under Section 60224 should be a multiyear
program or is a continuation of a previously authorized multiyear
program.
(r) The amount, if any, by which the estimated reserve funds on
hand at the end of the current fiscal year will exceed the annual
reserve fund limit determined pursuant to Section 60290.
SEC. 6. Section 60316 of the Water Code is amended to read:
60316. Based on the findings pursuant to Section 60315, the board
shall, by resolution, determine all of the following:
(a) What portion, if any, of the estimated cost of purchasing
water for replenishment of a groundwater basin within the
district for the ensuing fiscal year shall be paid for by a
replenishment assessment. assessment levied
upon the production of groundwater from the basin.
(b) What portion, not exceeding 25 percent of the above portion,
of the estimated cost of purchasing in the future that quantity of
water which should be purchased during the ensuing water
year, year for the replenishment of a groundwater
basin within the district, but which is estimated to be
unavailable during that year, shall be raised by a replenishment
assessment. assessment levied upon the
production of groundwater from the basin.
(c) What portion of the estimated costs of removing contaminants
from any groundwater supplies basin
within the district and of taking other actions under Section
60224 with regard to the groundwater basin during the
ensuing fiscal year shall be paid for by a replenishment
assessment. assessment levied upon the production of
groundwater from the basin.
(d) What portion, if any, of the cost of a capital improvement
project for replenishment purposes of a
groundwater basin within the district shall be paid for by a
replenishment assessment. assessment levied
upon the production of groundwater from the basin.
(e) What portion, if any, of the cost of a capital improvement
project undertaken pursuant to Section 60224 with regard to a
groundwater basin within the district shall be paid for by a
replenishment assessment. assessment levied
upon the production of groundwater from the basin.
SEC. 7. Section 60317 of the Water Code is amended to read:
60317. (a) If the board determines that a replenishment
assessment shall be levied upon the production of groundwater from
groundwater supplies within the district during the ensuing fiscal
year, immediately following the making of that determination the
board shall levy a replenishment assessment on the production of
groundwater from each groundwater basin within the district during
the fiscal year commencing on July 1.
(b) (1) The amount of the replenishment assessment shall be
calculated in an amount to pay for costs that include the actual cost
of replenishing the groundwater basin, the actual cost of removing
the contaminants from the groundwater basin, including the
undertaking of an action under Section 60224 on behalf of the
groundwater basin, and the administrative costs of the district. The
rate shall be a uniform rate calculated on the basis of the per
acre-foot amount of groundwater produced from the basin.
(2) Notwithstanding paragraph (1), the amount of the replenishment
assessment calculated for each groundwater basin may not exceed the
following amounts in the following years:
(A) ____ ($____) for 2012
(B) ____ ($____) for 2013.
(C) ____ ($____) for 2014.
If the board determines that a replenishment assessment shall be
levied upon the production of groundwater from groundwater supplies
within the district during the ensuing fiscal year, immediately
following the making of that determination the board shall levy a
replenishment assessment on the production of groundwater from the
groundwater supplies within the district during the fiscal year
commencing on July 1st next, and the replenishment assessment shall
be fixed by the board at a uniform rate per acre-foot of groundwater
so produced. The
(c) The producers of that
groundwater shall pay the replenishment assessment to the district at
the times and in the manner provided in this division. That part of
the assessment levied pursuant to the determination provided in
subdivision (c) of Section 60316, exclusive of any part thereof for
district administrative and overhead expenses, shall not exceed 50
percent of the average assessment levied for the current and four
preceding fiscal years pursuant to determinations under subdivisions
(a) and (b) of Section 60316, exclusive of any part thereof for
district administrative and overhead expenses.
SEC. 8. Section 60317.5 of the Water Code is amended to read:
60317.5. (a) Except as set forth in this section, nothing in
this division prevents the use of district funds from any source for
powers and functions authorized under this division. That part of a
replenishment assessment levied pursuant to determinations under
subdivisions (a) and (b) of Section 60316 shall not be utilized for
the direct costs of prevention and removal of contaminants under
subdivisions (a) and (b) of Section 60224.
(b) Any part of a replenishment assessment levied pursuant to a
determination under subdivision (c) of Section 60316 that is not
expended may be obligated and expended for other uses authorized by
Section 60224 that benefit the groundwater basin to which the
replenishment assessment applies, after a hearing and findings
pursuant to Sections 60306 and 60315.
(c) Any part of a replenishment assessment levied pursuant to a
determination under subdivision (c) of Section 60316 that remains
unexpended and unobligated for five fiscal years after the last
obligation thereof, or any shorter period which the board may by
resolution determine, shall be deemed to have been levied for other
costs and expenses for which a replenishment assessment is authorized
under this division.
Except as set forth in this section, nothing in this division
prevents the use of district funds from any source for powers and
functions authorized under this division. That part of a
replenishment assessment levied pursuant to determinations under
subdivisions (a) and (b) of Section 60316 shall not be utilized for
the direct costs of prevention and removal of contaminants under
subdivisions (a) and (b) of Section 60224. Any part of a
replenishment assessment levied pursuant to a determination under
subdivision (c) of Section 60316 which is not expended may be
obligated and expended for other uses authorized by Section 60224
after hearing and findings pursuant to Sections 60306 and 60315. Any
part of a replenishment assessment levied pursuant to a determination
under subdivision (c) of Section 60316 which remains unexpended and
unobligated for five fiscal years after the last obligation thereof,
or any shorter period which the board may by resolution determine,
shall be deemed to have been levied for other costs and expenses for
which a replenishment assessment is authorized under this division.
Funds
(d) Funds from a replenishment
assessment, although restricted as to use, may be loaned for any use
for benefiting the groundwater basin to
which and the replenishment assessment
applies within the monetary limits for which,
which such an assessment has been levied. Any
such loan shall be for a period not longer than 18 months and shall
bear interest, as nearly as practicable in the discretion of the
board, at the rate which those funds might have otherwise been
invested at the time of the loan.
SEC. 9. Section 60325 of the Water Code is amended to read:
60325. (a) The district, after the levying of the
replenishment assessment, shall give notice thereof to the operators
of all water-producing facilities overlying the groundwater basin to
which the replenishment assessment applies as disclosed by the
records of the district.
(b) The district, after the levying
of the replenishment assessment, shall give notice
thereof to the operators of all water-producing facilities
in the district as disclosed by the records of such district, which
notice shall state the rate of replenishment assessment for
each acre-foot of ground water groundwater
to be produced during the ensuing fiscal year. The notice may
be sent by postal card or by other first-class mail with postage
prepaid by the district.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.