Bill Text: CA AB1331 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Clean, Safe, and Reliable Drinking Water Act of 2014.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Engrossed - Dead) 2014-06-18 - Withdrawn from committee. Re-referred to Com. on RLS. [AB1331 Detail]

Download: California-2013-AB1331-Amended.html

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BILL NUMBER: AB 1331	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 22, 2013

   An act to amend Section  12307   33139 
of the Water Code, relating to  water resources 
 drainage  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1331, as amended, Hueso.  Delta flood protection:
environmental mitigation.   Drainage: Coachella Valley
County Water District.  
   The County Water District Law governs the operations of the
Coachella Valley County Water District. The County Water District Law
authorizes a district to drain and reclaim lands within the district
either by surface or underground works or both and to acquire, by
appropriation or other lawful means, and divert, store, conserve,
transport, or dispose of water resulting from these activities. Under
existing law, the district is authorized to raise funds by special
assessment on benefited land in proportion to the benefits derived by
the benefited lands, as prescribed.  
   Article XIII C and Article XIII D of the California Constitution
generally require that assessments, fees, and charges be submitted to
property owners for approval or rejection after the provision of
written notice and the holding of a public hearing. Existing law, the
Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with
Article XIII C and Article XIII D of the California Constitution.
 
   This bill would specify that the district is authorized to raise
funds by special assessment pursuant to the Proposition 218 Omnibus
Implementation Act, or by adopting prescribed property related fees
and charges.  
   Existing law requires the Natural Resources Agency, the Department
of Water Resources, the Reclamation Board, and the Department of
Fish and Wildlife to enter into a memorandum of understanding to
coordinate the implementation of special flood control programs.
Existing law requires that the memorandum of understanding provide
that the Department of Fish and Wildlife enforce any mitigation
requirements involving programs subject to these provisions.
 
   This bill would delete the Reclamation Board from these provisions
and instead add the Central Valley Flood Protection Board. This bill
would make related nonsubstantive changes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 33139 of the   Water
Code   is amended to read: 
   33139.  Notwithstanding anything contained in this part, the
surviving district may provide for and carry on the construction,
operation, and maintenance of works, improvements, and functions
authorized by the Storm Water District Act of 1909 either as
authorized in that act or as authorized by this division. The
district may raise funds for these purposes in any manner authorized
or permitted by either the Storm Water District Act of 1909 or this
division, and is specifically authorized to raise funds by special
assessment on benefited land in proportion to the benefits derived by
the  benefited   lands.  
benefited  lands pursuant to Section 53753 of the Government
Code, or by adopting fees and charges pursuant to Section 6 of
Article XIII D of the California Constitution.  
  SECTION 1.    Section 12307 of the Water Code is
amended to read:
   12307.  (a) The Natural Resources Agency, the department, the
Central Valley Flood Protection Board, and the Department of Fish and
Wildlife shall enter into a memorandum of understanding to
coordinate the implementation of the programs subject to this
chapter.
   (b) The memorandum of understanding shall provide that the
Department of Fish and Wildlife shall enforce any mitigation
requirements involving programs subject to this chapter.