Bill Text: CA AB1172 | 2009-2010 | Regular Session | Chaptered
Bill Title: Eastern San Joaquin County Water District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 514, Statutes of 2009. [AB1172 Detail]
Download: California-2009-AB1172-Chaptered.html
BILL NUMBER: AB 1172 CHAPTERED
BILL TEXT
CHAPTER 514
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 4, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to amend Section 75470 of, to amend the heading of Chapter
5 (commencing with Section 75470) of Part 8 of Division 21 of, and to
add Section 74200.5 to, the Water Code, and to add Sections 4.5 and
5.5 to Chapter 819 of the Statutes of 1971, relating to water
conservation districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1172, Galgiani. Eastern San Joaquin County Water District.
Existing law, the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, establishes procedures for the
consolidation of special districts. The Water Conservation District
Law of 1931 generally governs the formation of water conservation
districts and specifies the powers and purposes of those districts.
This bill would specify the powers of the Eastern San Joaquin
County Water District (district) to fix and collect specified
charges, and to continue to collect specified charges and
assessments, on and after the date on which the San Joaquin Local
Agency Formation Commission approves the consolidation of the
Stockton-East Water District and the Central San Joaquin Water
Conservation District. The bill would state the findings and
declarations of the Legislature concerning the need for special
legislation.
The bill would also authorize a local agency formation commission,
in approving the consolidation or reorganization of 2 or more
districts into a single water conservation district, to temporarily
increase the number of members on the board of directors of the
consolidated or reorganized district, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 74200.5 is added to the Water Code, to read:
74200.5. (a) Notwithstanding any other provision of this part,
the local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single water conservation district may, pursuant to
subdivisions (k) and (n) of Section 56886 of the Government Code,
increase the number of directors to serve on the board of directors
of the consolidated or reorganized district to 7, 9, or 11, who shall
be members of the board of directors of the districts to be
consolidated or reorganized as of the effective date of the
consolidation or reorganization.
(b) Unless the local agency formation commission provides for an
alternative schedule for reducing the size of the board of directors
of the consolidated or reorganized district, upon the expiration of
the terms of the members of the board of directors of the
consolidated or reorganized district whose terms first expire
following the effective date of the consolidation or reorganization,
the total number of members on the board of directors shall be
reduced until the number equals 5, 7, or 9, as may be determined by
the local agency formation commission in approving the consolidation
or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated or reorganized district at which time the total
number of directors is greater than five, the board of directors may,
by majority vote of the remaining members of the board, choose not
to fill the vacancy. In that event, the total membership of the board
of directors shall be reduced by one board member. Upon making the
determination not to fill a vacancy, the board of directors shall
notify the board of supervisors of its decision.
SEC. 2. The heading of Chapter 5 (commencing with Section 75470)
of Part 8 of Division 21 of the Water Code is amended to read:
CHAPTER 5. EASTERN SAN JOAQUIN COUNTY WATER DISTRICT CHARGES
SEC. 3. Section 75470 of the Water Code is amended to read:
75470. (a) The Eastern San Joaquin County Water District, in
addition to its other powers, may fix and collect charges as provided
in this chapter.
(b) As used in this chapter, "district" means the Eastern San
Joaquin County Water District.
(c) If the board has complied with the procedures set forth in
this chapter, as it read at the time charges were established
pursuant to Sections 75471 and 75471.5, the board may, by resolution,
continue to collect the charges in successive years at the same
rate, consistent with Article XIII D of the California Constitution.
SEC. 4. Section 4.5 is added to Chapter 819 of the Statutes of
1971, to read:
Sec. 4.5. Notwithstanding any other provision of this act,
including subdivision (q) of Section 4 of this act, as used in this
act, "district" means the Eastern San Joaquin County Water District.
SEC. 5. Section 5.5 is added to Chapter 819 of the Statutes of
1971, to read:
Sec. 5.5. (a) If the board has complied with the procedures set
forth in this act, as it read at the time that a groundwater
assessment was established pursuant to this act, the board may, by
resolution, continue to collect the groundwater assessment in
successive years at the same rate, consistent with Article XIII D of
the California Constitution.
(b) If the board has complied with the procedures set forth in
this act, as it read at the time that a charge for stream-delivered
water were established pursuant to this act, the board may, by
resolution, continue to collect the charge in successive years at the
same rate, consistent with Article XIII D of the California
Constitution.
SEC. 6. Sections 2, 3, 4, and 5 of this act shall become operative
on the effective date of the consolidation or reorganization of the
Stockton-East Water District and the Central San Joaquin Water
Conservation District into a single water conservation district, as
determined by the San Joaquin County Local Agency Formation
Commission pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act (Division 3 (commencing with Section 56000) of
Title 5 of the Government Code). The commission shall transmit a
notice within 30 days of that consolidation or reorganization to the
Secretary of State.
SEC. 7. The Legislature finds and declares that Sections 3 to 5,
inclusive, of this act, which is applicable only to the Eastern San
Joaquin County Water District, is necessary because of the
consolidation of the Stockton-East Water District and the Central San
Joaquin Water Conservation District. It is, therefore, hereby
declared that a general law within the meaning of Section 16 of
Article IV of the California Constitution cannot be made applicable
County Water District and the enactment of this special law is
necessary for the public good.
