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

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-Introduced.html

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BILL NUMBER: AB 2259	INTRODUCED
	BILL TEXT


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, as introduced, 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
levying a replenishment assessment pursuant to those provisions to be
commenced within 90 days of the fiscal year commencing on July 1
next. The bill would also require that an action by a local agency or
interested person regarding the replenishment assessment be brought
pursuant to specified provisions regarding civil proceedings.
   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 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 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 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   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  thereof
  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 levying a replenishment
assessment pursuant to this part shall be commenced within 90 days of
the fiscal year commencing on July 1 next.  
   (c) An action by a local agency or interested person under this
section shall be brought pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of, or Title 1 (commencing with
Section 1067) of Part 3 of, the Code of Civil Procedure.