Bill Text: CA AB2259 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water replenishment: assessments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 736, Statutes of 2014. [AB2259 Detail]

Download: California-2013-AB2259-Enrolled.html

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BILL NUMBER: AB 2259	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2014
	PASSED THE ASSEMBLY  AUGUST 20, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN SENATE  MAY 21, 2014
	AMENDED IN ASSEMBLY  APRIL 1, 2014

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 21, 2014

   An act to amend Section 60317 of the Water Code, relating to water
replenishment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2259, Ridley-Thomas. Water replenishment: assessments.
   Existing law, the Water Replenishment District Act, provides for
the formation of water replenishment districts and grants authority
to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that
district. The act requires the governing board of each district to
follow specified procedural processes when determining whether to
assess, and the amount of, a replenishment assessment.
   This bill would require that a judicial action or proceeding to
attack, review, set aside, void, or annul a resolution or motion made
on or after January 1, 2015, levying a replenishment assessment
pursuant to those provisions be commenced within 180 days of the
adoption of the resolution or motion. The bill would also require
that an action brought on or after January 1, 2015, regarding the
replenishment assessment be brought pursuant to specified provisions
regarding civil proceedings.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 the groundwater supplies within the district during
the fiscal year commencing the following July 1st, and the
replenishment assessment shall be fixed by the board at a uniform
rate per acre-foot of groundwater produced. 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 of the
assessment 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 of the assessment for district administrative and overhead
expenses.
   (b) A judicial action or proceeding to attack, review, set aside,
void, or annul a resolution or motion made on or after January 1,
2015, levying a replenishment assessment pursuant to this part shall
be commenced within 180 days following the adoption of the resolution
or motion.
   (c) An action brought on or after January 1, 2015, under this
section shall be brought pursuant to Title 1 (commencing with Section
1067) of Part 3 of the Code of Civil Procedure.