Bill Text: CA AB2488 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: City and County of San Francisco: regional water system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-09 - Chaptered by Secretary of State - Chapter 63, Statutes of 2010. [AB2488 Detail]
Download: California-2009-AB2488-Amended.html
Bill Title: City and County of San Francisco: regional water system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-09 - Chaptered by Secretary of State - Chapter 63, Statutes of 2010. [AB2488 Detail]
Download: California-2009-AB2488-Amended.html
BILL NUMBER: AB 2488 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 19, 2010
An act to amend Sections 81305, 81337, 81422, 81460, 81608.5,
and 81630 of, and to add Section 81423 to, the Water Code,
relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2488, as amended, Ruskin. City and County of San Francisco:
regional water system.
Under
(1) Under existing law, the City
and County of San Francisco operates the Hetch Hetchy Project as a
regional water delivery system, supplying water to persons and
entities in San Francisco and the Counties of Alameda, San Mateo, and
Santa Clara.
Existing law, the San Francisco Bay Area Regional Water
System Financing Authority Act, establishes the San Francisco Bay
Area Regional Water System Financing Authority and authorizes the
authority to issue revenue bonds and take other actions to
improve the reliability of the regional water system of the City and
County of San Francisco. Existing law, the Bay Area Water
Supply and Conservation Agency Act, governs the formation and
operation of the Bay Area Water Supply and Conservation Agency. The
act authorizes the agency to acquire water and water rights, and take
other specified actions relating to the regional water system of the
City and County of San Francisco.
Existing law, the San Francisco Bay Area Regional Water System
Financing Authority Act, establishes the San Francisco Bay Area
Regional Water System Financing Authority and authorizes the
authority to issue revenue bonds and take other actions to improve
the reliability of the regional water system of the City and County
of San Francisco.
This bill would state legislative intent to enact legislation to
modify certain definitions set forth in those laws and to make
various other changes affecting those laws.
This bill would modify the definitions of "public entities" and
"eligible public entities," as specified, and the reference to
"master water sales contract," as set forth in the acts, to reflect
changes in the membership of the authority and agency and a recent
water supply agreement, dated July 2009, between the City and County
of San Francisco and certain wholesale customers.
(2) Existing law authorizes the agency to apply for and receive
specified financial assistance.
This bill would clarify the types of financial assistance
available to the agency. The bill would also authorize the agency to
assist specified entities to meet specified urban water use targets
and, if requested by specified entities, to develop and administer a
regional conservation program. The bill would also consider the
agency to be a local agency for purposes of specified law.
(3) Existing law authorizes any director of the agency to call for
weighted voting, which is required to be based on specified water
delivery quantities.
This bill would require an entity's water delivery quantity to be
increased for purposes of weighted voting when specified
circumstances occur, without the necessity of an amendment to the
water delivery quantities.
(4) Existing law requires directors of the agency and the
authority to take an oath of office.
This bill would authorize specified persons to administer the
oath.
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 81305 of the Water
Code is amended to read:
81305. "Eligible public entities" means the 25
24 public entities in San Mateo County, Alameda County,
and Santa Clara County that purchase water from San Francisco
pursuant to the Master Water Sales Contract
July 2009 Water Supply Agreement , or any
subsequent water supply contract , that include Alameda County
Water District, City of Brisbane, City of Burlingame, Coastside
County Water District, City of Daly City, City of East Palo Alto,
Estero Municipal Improvement District, Guadalupe Valley Municipal
Improvement District, City of Hayward, Town of Hillsborough, City of
Menlo Park, Mid-Peninsula Water District, City of Millbrae, City of
Milpitas, City of Mountain View, North Coast County Water District,
City of Palo Alto, Purissima Hills Water District, City of Redwood
City, City of San Bruno, City of San Jose, City of Santa Clara,
Skyline County Water District, City of Sunnyvale,
and Westborough Water District.
SEC. 2. Section 81337 of the Water Code
is amended to read:
81337. Each director, before entering upon the duties of his or
her office, shall take the oath of office as provided for in the
California Constitution and laws of the state. The chairperson
or vice-chairperson of the board, or the secretary of the agency, may
administer the oath.
SEC. 3. Section 81422 of the Water Code
is amended to read:
81422. The agency may apply for and receive state and federal
grants, loans, and other financial assistance , including, but
not limited to, assistance available pursuant to Division 24
(commencing with Section 78500), Division 26
(commencing with Section 79000) , and Division
26.5 (commencing with Section 79500) of this
code , Division 43 (commencing with Section 75001) of the
Public Resources Code, and any other financial assistance for water
management activities authorized after January 1, 2009 .
SEC. 4. Section 81423 is added to the
Water Code , to read:
81423. (a) The agency may assist any of the entities identified
in Section 81460 that are subject to Part 2.55 (commencing with
Section 10608) of Division 6 to meet urban water use targets
developed pursuant to that part. In providing this assistance, the
agency may act pursuant to paragraph (2) or (3) of subdivision (a) of
Section 10608.28. If the agency provides this assistance pursuant to
paragraph (2) of subdivision (a) of Section 10608.28, subdivision
(b) of Section 10608.28 shall apply.
(b) If requested by entities listed in Section 81460 that are
subject to Part 2.6 (commencing with Section 10610) of Division 6,
the agency may develop and administer a regional conservation program
described in clause (ii) of subparagraph (A) of paragraph (2) of
subdivision (b) of Section 10631.5, regardless of whether the agency
is an urban water supplier. The agency shall be eligible to receive
financial assistance that may be available for the development or
administration of these programs.
(c) The agency shall be considered a local agency as defined in
Section 10535, and a local agency with statutory authority over water
supply or water management pursuant to Section 10539, with all of
the authority provided to a local agency pursuant to Part 2.2
(commencing with Section 10530) of Division 6.
SEC. 5. Section 81460 of the Water Code
is amended to read:
81460. (a) The water delivery quantities set forth in subdivision
(b) describe, for the purposes of this division, the average daily
deliveries of water from San Francisco to the identified entities
during the 2000-01 fiscal year.
(b) The water delivery quantities are as follows:
Average Daily Deliveries
in
Name Hundred Cubic Feet
Alameda
County Water 15,709
District
California
Water Service 49, 384
610
Company
City of Brisbane 489
City of
6,503
Burlingame
City of Daly
6,070
City
City of East
2,864
Palo Alto
City of
24,546
Hayward
Town of
5,099
Hillsborough
City of Menlo
4,616
Park
City of Millbrae 3,669
City of Milpitas 9,437
City of
14,860
Mountain View
City of Palo
18,438
Alto
City of
15,753
Redwood City
City of San
3,266
Bruno
City of San Jose 6,436
City of Santa
5,473
Clara
City of
13,112
Sunnyvale
Coastside
County Water 2,070
District
Estero
Municipal
7,873
Improvement
District
Guadalupe
Valley
Municipal 611
Improvement
District
Mid-Peninsula
4,789
Water District
North Coast
County 4,594
Water
District
Purissima Hills
2,921
Water District
Skyline County
226
Water District
Stanford
3,604
University
Westborough
1,352
Water District
(c) If San Francisco becomes a member of the agency, the average
daily delivery of water to San Francisco during the 2000-01 fiscal
year, for the purposes of this division, shall be determined to be
118,973 hundred cubic feet.
(d) If one of the entities listed in subdivision (b) succeeds,
whether by merger, consolidation, acquisition, assignment, or
otherwise, to the rights and obligations of another entity under the
July 2009 Water Supply Agreement, or any subsequent water supply
contract, the successor entity's quantity of water shall be
increased, for purposes of Section 81405, by the amount of the
nonsucceeding entity's quantity of water, without the necessity for
an amendment to subdivision (b).
SEC. 6. Section 81608.5 of the Water
Code is amended to read:
81608.5. "Public entities" means San Francisco and the public
entities in the Counties of Alameda, San Mateo, and Santa Clara that
purchase water from San Francisco pursuant to the master
water sales contract July 2009 Water Supply
Agreement , or any subsequent water supply contract
, that include Alameda County Water District, City of Brisbane, City
of Burlingame, Coastside County Water District, City of Daly City,
City of East Palo Alto, Estero Municipal Improvement District,
Guadalupe Valley Municipal Improvement District, City of Hayward,
Town of Hillsborough, City of Menlo Park, Mid-Peninsula Water
District, City of Millbrae, City of Milpitas, City of Mountain View,
North Coast County Water District, City of Palo Alto, Purissima Hills
Water District, City of Redwood City, City of San Bruno, City of San
Jose, City of Santa Clara, Skyline County Water District,
City of Sunnyvale, and Westborough Water District.
SEC. 7. Section 81630 of the Water Code
is amended to read:
81630. Each director, before entering upon the duties of his or
her office, shall take the oath of office as provided for in the
Constitution and laws of the state. The chairperson or
vice-chairperson of the board, or the secretary of the agency, may
administer the oath.
SECTION 1. It is the intent of the Legislature
to enact legislation to accomplish all of the following:
(a) Update the laws governing the Bay Area Water Supply and
Conservation Agency and the San Francisco Bay Area Regional Water
System Financing Authority.
(b) Modify the definition of "public entities," set forth in the
San Francisco Bay Area Regional Water System Financing Authority Act,
to reflect changes in the membership of the authority.
(c) Modify the definition of "eligible public entities," set forth
in the Bay Area Water Supply and Conservation Agency Act, to reflect
changes in the membership of the agency.
(d) Modify the various references to "master water sales contract"
to reflect a recent water supply agreement, dated July 2009, between
the City and County of San Francisco and wholesale customers in the
Counties of Alameda, San Mateo, and Santa Clara.
