Bill Text: CA SB620 | 2013-2014 | Regular Session | Chaptered
Bill Title: Water replenishment districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-08 - Chaptered by Secretary of State. Chapter 638, Statutes of 2013. [SB620 Detail]
Download: California-2013-SB620-Chaptered.html
BILL NUMBER: SB 620 CHAPTERED
BILL TEXT
CHAPTER 638
FILED WITH SECRETARY OF STATE OCTOBER 8, 2013
APPROVED BY GOVERNOR OCTOBER 8, 2013
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY AUGUST 30, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 9, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
FEBRUARY 22, 2013
An act to amend Sections 60290, 60336, and 60339 of, and to add
and repeal Section 60233 of, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 620, Wright. Water replenishment districts.
(1) 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 generally authorizes a water
replenishment district to establish an annual reserve fund in an
amount not to exceed $10,000,000 commencing with the 2000-01 fiscal
year, and thereafter, as that amount is adjusted annually. The act
requires a minimum of 80% of the reserve fund to be expended for
water purchases.
This bill, until the 2019-20 fiscal year, would eliminate the
requirement that a minimum of 80% of the reserve fund be expended for
water purchases. The bill would declare the intent of the
Legislature to provide the Water Replenishment District of Southern
California with the ability to determine the appropriate use of
moneys held in its annual reserve fund, and that public records shall
help the Legislature determine whether the flexibility provided by
this act should be permanently extended beyond the 2019-20 fiscal
year.
This bill would require a water replenishment district to
establish a budget advisory committee, as prescribed, for purposes of
reviewing a replenishment assessment and a district's annual
operating budget, as specified, thereby imposing a state-mandated
local program. The bill would require a water replenishment district
to consult with the budget advisory committee, as specified, and to
maintain records regarding the recommendations of the budget advisory
committee and the final decisions made by the board of the water
replenishment district with regard to those recommendations. These
provisions would become inoperative on June 30, 2019, and would be
repealed on January 1, 2020.
(2) The act provides that any operator of a water-producing
facility that knowingly fails to register his or her water-producing
facility or knowingly fails to file a groundwater production
statement, or any other reports or statements required, as specified,
in addition to interest due, as prescribed, is liable to the
district for a penalty of $150.
This bill would provide that the operator is liable to the
district for a penalty of $1,000. The bill would delay the
application of the increase in the amount of that penalty to an
operator of a water-producing facility that is a party to certain
litigation involving a water replenishment district until after the
litigation is settled or all legal remedies have been exhausted.
(3) The act authorizes the superior court of the county in which
the major portion of the district lies to issue a temporary
restraining order upon the filing by the district with the court of a
verified petition or complaint setting forth that the defendant is
the operator of a water-producing facility that has not been
registered with the district or that the defendant is delinquent in
the payment of a replenishment assessment, as specified.
This bill would require the court to direct that the district or
operator of a water-producing facility be awarded the reasonable
attorney's fees and costs relating to a motion seeking injunctive
relief under these provisions whenever the district or operator of a
water-producing facility prevails on a petition or complaint. The
bill would also delay the application of those provisions to an
operator of a water-producing facility that is a party to the
above-described litigation, as specified above.
(4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60233 is added to the Water Code, to read:
60233. (a) A district shall establish a budget advisory committee
for purposes of reviewing a replenishment assessment, if any is
proposed, and a district's annual operating budget, including reserve
funds maintained by the district.
(b) (1) The committee shall consist of seven members who shall
serve a two-year term and who shall be elected from among
representatives of producers who are owners or operators of
groundwater producing facilities who are subject to the replenishment
assessment pursuant to Section 60317. The membership of the
committee shall be composed as follows:
(A) Two members shall be elected by vote of entities with an
annual pumping allocation of less than 5,000 acre-feet.
(B) Two members shall be elected by vote of entities with an
annual pumping allocation of at least 5,000 acre-feet but less than
10,000 acre-feet.
(C) Three members shall be elected by vote of entities with an
annual pumping allocation of 10,000 acre-feet or greater.
(2) On or before the first Tuesday in January on a biennial basis,
the district shall provide by first-class mail to each producer
notice that includes information regarding the purpose of the
committee, the categories that determine membership on the committee
as described in paragraph (1), the schedule for the election of
members, and any additional information the district determines
necessary. The notice shall include the deadline for each producer to
inform the district that it would like to serve on the committee and
the category, as described in subparagraph (A) to (C), inclusive, of
paragraph (1), for which it is eligible to serve. An eligible
producer that would like to serve on the committee and informs the
district shall be included on the election ballot.
(3) The election of committee members shall be conducted by mail
ballot not later than 90 days before the second Tuesday in May.
Producers shall be invited to witness the counting of ballots. Each
producer shall have the right to cast a total number of votes equal
to the number of acre-feet of its annual pumping allocation, rounded
to the next highest whole number, multiplied by the number of members
that may be elected for that production category, as specified in
subparagraphs (A) to (C), inclusive, of paragraph (1). Votes may only
be cast by the members in their respective production categories for
the seats in that category, as specified in subparagraphs (A) to
(C), inclusive, of paragraph (1). The members of the committee shall
be those candidates receiving the highest vote total in their
respective categories. The committee shall select a winner in the
event that there is a tie in the vote tally. The results of the
election shall be reported on the Internet Web site of the district.
(4) The committee shall hold its first meeting within 30 days of
the date the results of the election are announced by the district.
The committee shall develop rules for its operation. The committee
shall take action by majority vote of its members. Members of the
committee shall serve without compensation.
(c) No later than the second Tuesday of April of each year, a
district shall consult with the budget advisory committee for the
purposes set forth in subdivision (a). The committee shall make
recommendations to the board at least 10 days prior to the hearing
held pursuant to Section 60306. Committee recommendations shall be
included in the documents comprising the agenda packet for that
meeting.
(d) A district shall maintain records regarding the
recommendations of the budget advisory committee and the final
decisions made by the board with regard to those recommendations.
(e) This section shall become inoperative on June 30, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 60290 of the Water Code is amended to read:
60290. The district may establish an annual reserve fund in an
amount not to exceed ten million dollars ($10,000,000) commencing
with the 2000-01 fiscal year. The maximum allowable reserve fund may
be adjusted annually commencing with the 2001-02 fiscal year to
reflect percentage increases or decreases in the blended cost of
water from district supply sources. Beginning in the 2019-20 fiscal
year, a minimum of 80 percent of the reserve shall be for water
purchases.
SEC. 3. Section 60336 of the Water Code is amended to read:
60336. (a) Should any operator of a water-producing facility
knowingly fail to register his or her water-producing facility or
knowingly fail to file the groundwater production statement, or
knowingly fail to file and furnish any other reports or statements
required by resolution of the board adopted pursuant to Section
60326, the operator shall, in addition to interest as provided in
Section 60335, become liable to the district for a penalty of one
thousand dollars ($1,000).
(b) The changes made to this section by the act adding this
subdivision shall not apply to any operator of a water-producing
facility that is a party to litigation involving a water
replenishment district filed before July 1, 2013, until after the
litigation is settled or all legal remedies have been exhausted.
SEC. 4. Section 60339 of the Water Code is amended to read:
60339. (a) The superior court of the county in which the major
portion of the district lies may issue a temporary restraining order
upon the filing by the district with the court of a verified petition
or complaint setting forth that the person named therein as
defendant is the operator of a water-producing facility which has not
been registered with the district or that the defendant is
delinquent in the payment of a replenishment assessment. The
temporary restraining order shall be returnable to the court on or
before 10 days after its issuance.
(b) The court may issue and grant an injunction restraining and
prohibiting the named defendant from the operation of any
water-producing facility when it is established by the preponderance
of the evidence at a hearing that the defendant has failed to
register the water-producing facility with the district or that the
defendant is delinquent in the payment of a replenishment assessment.
The court may provide that the injunction so made and issued shall
be stayed for a period not to exceed 10 days to permit the defendant
to register the water-producing facility or to pay the delinquent
replenishment assessment.
(c) Service of process shall be made by posting a copy of the
summons and complaint upon the water-producing facility or the parcel
of land upon which the water-producing facility is located and by
personal service of summons and complaint upon the named defendant.
(d) The right to proceed for injunctive relief as provided in this
section shall be in addition to any other right which may be
provided elsewhere in this act or which may be otherwise allowed by
law. The procedure provided in Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure regarding
injunctions shall be followed except insofar as it may be otherwise
provided in this section.
(e) The court shall direct that the district or operator of a
water-producing facility be awarded the reasonable attorney's fees
and costs relating to a motion seeking injunctive relief under this
section whenever the district or operator of a water-producing
facility prevails on a petition or complaint.
(f) The changes made to this section by the act adding this
subdivision shall not apply to any operator of a water-producing
facility that is a party to litigation involving a water
replenishment district filed before July 1, 2013, until after the
litigation is settled or all legal remedies have been exhausted.
SEC. 5. It is the intent of the Legislature that the amendment of
Section 60290 will provide the Water Replenishment District of
Southern California with the ability to determine the appropriate use
of moneys held in its annual reserve fund. Public records that are
kept by the district of expenditures from the annual reserve fund
shall help the Legislature determine whether the flexibility provided
by this act should be permanently extended beyond the 2019-20 fiscal
year.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
