Bill Text: CA AB2470 | 2015-2016 | Regular Session | Amended

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

---

Bill Title: Municipal water districts: water service: Indian tribes.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 301, Statutes of 2016. [AB2470 Detail]

Download: California-2015-AB2470-Amended.html

---

BILL NUMBER: AB 2470	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016
	AMENDED IN ASSEMBLY  APRIL 4, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Gonzalez
   (Principal coauthor: Senator Anderson)
   (Coauthors: Assembly Members Atkins, Jones, Maienschein, Waldron,
and Weber)
   (Coauthors: Senators Block and Hueso)

                        FEBRUARY 19, 2016

   An act to add Section 71611.5 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2470, as amended, Gonzalez. Municipal water districts: water
service: Indian tribes.
   Existing law, the Municipal Water District Law of 1911, provides
for the formation of municipal water districts and grants to those
districts specified powers. Existing law permits a district to
acquire, control, distribute, store, spread, sink, treat, purify,
recycle, recapture, and salvage any water for the beneficial use of
the district, its inhabitants, or the owners of rights to water in
the district. Existing law authorizes a district to sell water under
its control, without preference, to cities, other public corporations
and agencies, and persons, within the district for use within the
district. Existing law authorizes a district to sell or otherwise
dispose of water above that required by consumers within the district
to any persons, public corporations or agencies, or other consumers.

   This bill, upon the request of an Indian tribe and the
satisfaction of certain conditions, would require a district to
provide service of water at substantially the same terms applicable
to the customers of the district to an Indian tribe's lands that are
not within a district, as prescribed, if the Indian tribe's lands
meet certain  requirements.   requirements and
the Indian tribe satisfies prescribed conditions.  The bill
would deem the service areas of a district and of any public 
agency   agencies  providing water to the district
for all purposes to include an Indian tribe's land for a prescribed
period of time if the district provides service of water to the
Indian tribe's lands under these provisions.  This bill would
require an Indian tribe provided water service under these
provisions to make all required payments as if it were annexed into a
district's service area and would make the payments a condition of
continued service of water by the district.  By imposing new
duties on a municipal water district, this bill would create a
state-mandated local program.
   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 71611.5 is added to the Water Code, to read:
   71611.5.   (a)   
Notwithstanding any other  law, upon   law:

    (a)     Upon  the request of an Indian
tribe and the satisfaction of the conditions stated in subdivision
(b), a district shall provide service of water at substantially the
same terms applicable to the customers of the district to an Indian
tribe's lands that are not within a district as if the lands had been
fully annexed  within   into  the district
and  any other special districts   into any
other public agencies  required for the provision of water
service if the Indian tribe's lands meet all of the following
requirements:
   (1) The lands were owned by the tribe on January 1, 2016.
   (2) The lands are contiguous with at least two districts.
   (3) The lands lie within the special study area of at least one
district.
   (4) At least 70 percent of the Indian tribe's total Indian lands
are currently within the boundaries of one or more districts.
   (b) Before a district provides service of water pursuant to this
section, the Indian tribe shall satisfy  both  
all  of the following conditions:
   (1) The Indian tribe complies with all federal and tribal laws.
   (2) The Indian tribe acquires all federal and tribal approvals
necessary for the applicable district to provide water service to the
tribal lands on substantially the same terms applicable to customers
of the district. 
   (3) The Indian tribe shall by agreement accept all terms of, and
payments to (including service payments), the district and any public
agency providing water to said district, as if the Indian tribe's
lands were fully annexed into the district and into the service area
of any other public agency, which terms and payments are also a
condition of continued service by a district and by any public agency
providing water to said district. 
   (c) If a district provides service of water to an Indian tribe's
lands pursuant to this section, the service areas of the district and
of any public  agency   agencies providing
water to the district are deemed for all purposes to include the
Indian tribe's lands for the longest of the following periods of
time:
   (1) The time service of water is provided by the district to the
Indian tribe.
   (2) The time moneys are owed by the Indian tribe to the district
for the service of water.
   (3) The term of any agreement between the district and the Indian
tribe. 
   (d) An Indian tribe provided water service pursuant to this
section shall make all required payments, including service payments,
as if it were annexed into a district's service area. The payments
are a condition of continued service of water by the district
pursuant to this section. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.