Bill Text: CA AB2483 | 2009-2010 | Regular Session | Amended
Bill Title: Santa Clara Valley Water District.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2010-08-30 - To inactive file on motion of Senator Cedillo. From inactive file. Ordered to third reading. [AB2483 Detail]
Download: California-2009-AB2483-Amended.html
BILL NUMBER: AB 2483 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 3, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 28, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY MAY 19, 2010
AMENDED IN ASSEMBLY MAY 3, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Coto
(Coauthors: Assembly Members Beall, Caballero, Fong, Monning, and
Torrico)
(Coauthor: Senator Maldonado)
FEBRUARY 19, 2010
An act to amend Sections 4, 26.5, and 26.7 of, to add Section 29
to, and to repeal Section 26.6 of, the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), relating to the
Santa Clara Valley Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2483, as amended, Coto. Santa Clara Valley Water District.
(1) The Santa Clara Valley Water District Act establishes the
Santa Clara Valley Water District and specifies its powers and
purposes relating to water supply and flood management.
This bill would authorize the district to take actions relating to
water management, water quality, and energy and environmental
benefits in the district. The bill also would authorize the district
to provide incentives or assistance to water retailers to implement
specified water conservation measures. The bill would authorize 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.
(2) The act requires the district to annually prepare a written
report on the district's activities in the protection and
augmentation of the water supplies of the district, and requires the
report to include information prescribed by the act and other
information the board may order. The act 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.
This bill would require the report to additionally include
groundwater monitoring information collected by the district. The
bill would revise the required groundwater charge recommendation to
instead require the district to make a 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.
(3) The act 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.
This bill would repeal that public hearing requirement and the
related notice requirements.
(4) The act 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. The act 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. The act prescribes public hearing and notice requirements for
the imposition of new and adjusted groundwater charges.
Article XIII D of the California Constitution, which was added
pursuant to the approval by the voters of Proposition 218 at the
November 5, 1996, statewide general election, generally 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. Existing provisions of the Government
Code prescribe specific procedures and parameters for local
jurisdictions in complying with Article XIII D of the California
Constitution.
This bill would repeal the public hearing and notice requirements
related to groundwater charges, and would instead authorize the board
to impose a groundwater charge in any zone in compliance with
Article XIII D of the California Constitution and specified
provisions of the Government Code. This The
bill would revise certain requirements relating to the
calculation of groundwater charges , and would delete the
requirement that certain increases in groundwater charge rates be
directly related to the reduction in the affected zone groundwater
levels.
(5) By imposing new requirements on the district, this bill would
create a state-mandated local program.
(6) 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 4 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 1 of
Chapter 279 of the Statutes of 2006, is amended to read:
Sec.4. Sec. 4. (a) The purposes of
this act are to authorize the district to provide comprehensive water
management for all beneficial uses and protection from flooding
within Santa Clara County.
(b) It is the intent of the Legislature that the district work
collaboratively with other appropriate entities in Santa Clara County
in carrying out the purposes of this act.
(c) The Legislature finds and declares all of the following:
(1) Historically, the district's role was to secure additional
water supplies to meet demand. However, there are limitations on the
district's ability to acquire new water and the state has enacted
water conservation goals.
(2) Authorization of demand management measures will ensure that
the district has the tools and flexibility needed to address
challenges to ensure a reliable and sustainable water supply future.
(d) The district may take action to do all of the following:
(1) Protect Santa Clara County from floodwater and stormwater of
the district, including tidal floodwater and the floodwater and
stormwater of streams that have their sources outside the district,
but flow into the district.
(2) Protect from that floodwater or stormwater the public
highways, life and property in the district, and the watercourses and
watersheds of streams flowing within the district.
(3) Provide for the conservation and management of floodwater,
stormwater, or recycled water, or other water from any sources within
or outside the watershed in which the district is located for
beneficial and useful purposes, including spreading, storing,
retaining, and causing the waters to percolate into the soil within
the district.
(4) Protect, save, store, recycle, distribute, transfer, exchange,
manage, and conserve in any manner any of the waters.
(5) Increase and prevent the waste or diminution of the water
supply in the district.
(6) Obtain, retain, protect, and recycle drainage, stormwater,
floodwater, or treated wastewater, or other water from any sources,
within or outside the watershed in which the district is located for
any beneficial uses within the district.
(7) Enhance, protect, and restore the health of streams,
waterways, riparian corridors, baylands, ecosystems, and natural
resources in connection with carrying out the purposes set forth in
this section.
(8) Preserve open space in Santa Clara County and support the
county park system in a manner that is consistent with carrying out
the powers granted by this section.
(9) Integrate management of all water resources of the district,
in order to improve long-term water management sustainability,
provide flexibility to address the impacts of anticipated extreme
hydrological events, such as droughts and floods, and respond to
climate change impacts, such as reduced snowpack, changes in local
precipitation patterns, and rising sea level.
(10) Take action consistent with responsibility delegated by the
state to urban wholesale water suppliers pursuant to Part 2.55
(commencing with Section 10608) of Division 6 of the Water Code.
(11) Provide incentives for water conservation and otherwise
promote efficient water use.
(12) Integrate district energy and water policies and practices,
in order to provide energy and environmental benefits.
(13) Protect, restore, or improve water quality for all beneficial
uses, consistent with the express authorities provided in this act.
(14) Reduce greenhouse gas emissions from district operations
or sources within the district .
(e) Nothing in this act shall be construed to authorize the
district to do any of the following:
(1) Impose measures on entities, other than the district, to
mitigate climate change impacts, reduce greenhouse gas emissions, or
increase the production of renewable or alternative energy.
(2) Require or impose specific rate structures on retail water
suppliers.
(3) Regulate, limit, or condition the diversion and use of surface
water, or the extraction and use of groundwater, or otherwise
regulate, limit, or condition the exercise of water rights, except as
expressly provided in this act.
(4) Act in conflict with legal authority exercised by any state
agency, including, but not limited to, the State Department of Public
Health, the State Water Resources Control Board, the San Francisco
Bay Regional Water Quality Control Board, the Central Coast
Regional Water Quality Control Board, or the Public Utilities
Commission.
SEC. 2. Section 26.5 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 1 of
Chapter 794 of the Statutes of 1989, is amended to read:
Sec. 26.5. (a) The district shall annually prepare a written
report regarding the district's activities in the protection and
augmentation of all water supplies of the district. The report shall
include, among other information the board may order, all of the
following:
(1) A financial analysis of the district's water utility system.
(2) Information as to the present and future water requirements of
the district, the water supply available to the district, and future
capital improvement and maintenance and operating requirements, and
a method of financing those requirements.
(3) Groundwater monitoring information collected by the district.
(4) A recommendation as to whether or not a groundwater charge
should remain unchanged, be decreased or increased, or be newly
imposed, in any zone or zones of the district, and a proposal of a
rate or rates per acre-foot for agricultural water and a rate or
rates per acre-foot for all water other than agricultural water for
the zone or zones, which rate or rates, as applied to operators who
produce groundwater above a specified annual amount, may be subject
to prescribed, fixed, and uniform increases in proportion to
increases by that operator in groundwater production over the
production of that operator for a prior base period to be specified
by the board.
(b) The report shall not contain a recommendation of any increases
in proportion to increased production in a zone unless based upon an
analysis showing the cause of the reduction in the groundwater
levels of the zone requiring the increases, with attention given to
the effect of extractions of pumpers outside of, as well as within
, the zone, and with an evaluation of alternative measures
that may feasibly be taken within the entire affected groundwater
basin and of any alternative supplies of water available for that
zone, including the availability of treated water supplied by the
district or treated groundwater or groundwater extracted in a cleanup
operation and available to the district for reuse. The report shall
be consistent with any conservation and reuse plan approved by the
State Water Resources Control Board. The report shall also include
all of the following:
(1) The amount of groundwater produced in the proposed zone and
alternative water sources.
(2) The estimated costs of recharging each zone or zones.
(3) The estimated costs of mitigating any effects of pumping.
(4) Information specifying the benefits that have been received
and will be received within the zone or zones where a groundwater
charge has been levied and collected, or is recommended to be levied
and collected.
SEC. 3. Section 26.6 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 31.4 of
Chapter 1195 of the Statutes of 1993, is repealed.
SEC. 4. Section 26.7 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 10 of
Chapter 279 of the Statutes of 2006, is amended to read:
26.7. (a) (1) (A) In compliance with Article XIII D of the
California Constitution and Article 4.6 (commencing with Section
53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code, the board may impose a groundwater charge in any
zone.
(B) A groundwater charge levied pursuant to this act
shall be deemed to be is a property-related
charge for water services as that term is used in Section 6 of
Article XIII D of the California Constitution.
(C) Before levying a groundwater charge in any zone or zones, the
board shall consider the annual report prepared pursuant to Section
26.5.
(2) A groundwater charged charge
imposed pursuant to this section shall be levied against all persons
operating groundwater-producing facilities within the zone or zones
where groundwater charges are imposed.
(3) (A) The charge shall be computed at a fixed and uniform rate
or rates per acre-foot for agricultural water, and at a fixed and
uniform rate or rates per acre-foot for all water other than
agricultural water.
(B) Different rates may be established in different zones.
(C) The rate or rates, as applied to operators who produce
groundwater above a specified annual amount, may, except in the case
of a person extracting groundwater in compliance with a
government-ordered program of cleanup of hazardous waste
contamination, be subject to prescribed, fixed, and uniform increases
in proportion to increases by that operator in groundwater
production over the production of that operator for a prior base
period to be specified by the board, upon a finding by the board that
anticipated conditions of drought and water shortage
, water shortage, or both, as projected in the annual
report prepared pursuant to Section 26.5, require the
increases.
(D) The rates shall be established in accordance with a budget
approved by the board pursuant to this act, or amendments or
adjustments to that budget, and shall be fixed and uniform rates for
agricultural water and for all water other than agricultural water,
respectively, except that each rate for agricultural water shall not
exceed one-fourth of the rate for all water other than agricultural
water.
(b) A groundwater charge imposed pursuant to this section shall be
in addition to any tax or assessment levied within the district or
any zone.
SEC. 5. Section 29 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 29. (a) The district may provide incentives or assistance, or
otherwise encourage retail water suppliers to implement urban water
conservation measures that prevent the waste of water and promote the
reasonable and efficient use and reuse of available supplies,
including, but not limited to, water demand management measures
identified pursuant to Section 10631 of the Water Code and efficient
water management practices identified in Section 10608.48 of the
Water Code.
(b) If implementation of measures, in addition to the measures in
subdivision (a), is a precondition for the continued delivery of
imported water to the district pursuant to state or federal law, the
district shall have the authority to require those measures.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
