California Assembly Bill AB1172 Amended / Bill

 BILL NUMBER: AB 1172AMENDED BILL TEXT AMENDED IN SENATE JUNE 4, 2009 INTRODUCED BY Assembly Member Galgiani FEBRUARY 27, 2009 An act to amend Section 75470 of, to amend the heading of Chapter 5 (commencing with Section 75470) of Part 8 of Division 21 of, and to add Chapter 8 (commencing with Section 74660) to Part 5 of Division 21 of, the Water Code, relating to the Eastern San Joaquin County Water District. LEGISLATIVE COUNSEL'S DIGEST AB 1172, as amended, Galgiani. Eastern San Joaquin County Water District.  Existing   (1)     Existing  law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, establishes procedures for the consolidation of special districts. The Water Conservation District Law of 1931 generally governs the formation of water conservation districts and specifies the powers and purposes of those districts. This bill would specify the powers and purposes of the Eastern San Joaquin County Water District  (district)  on and after the date on which the San Joaquin Local Agency Formation Commission approves the consolidation of the Stockton-East Water District and the Central San Joaquin Water Conservation District.  The district would be organized into 9 divisions and the board of directors of the district would consist of 9 members. By imposing requirements on the district, the bill would impose a state-mandated local program. The bill would authorize the board of directors to reduce the number of its members to 7 and the number of the district' s divisions to 7.  The bill would state the findings and declarations of the Legislature concerning the need for special legislation.  (2) 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:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 8 (commencing with Section 74660) is added to Part 5 of Division 21 of the Water Code, to read: CHAPTER 8. PROVISIONS APPLICABLE TO EASTERN SAN JOAQUIN COUNTY WATER DISTRICT 74660. For the purposes of this chapter, "district" means the Eastern San Joaquin County Water District. 74661. On and after the date on which the San Joaquin County Local Agency Formation Commission, in accordance with Division 3 (commencing with Section 56000) of Title 5 of the Government Code, approves the consolidation of the Stockton-East Water District and the Central San Joaquin Conservation District,  both  all  of the following apply: (a) The name of the consolidated district shall be the Eastern San Joaquin County Water District.  (b) The district shall be governed by Chapter ____ of the Statutes of ____, as amended, and this division, including Chapter 5 (commencing with Section 75470) of Part 8.   (b) The district shall be governed by Chapter 819 of the Statutes of 1971, as amended, and this division to the extent not inconsistent with that chapter.   (c) Notwithstanding subdivision (b), for the purpose of imposing a groundwater charge or assessment, the district may exercise the authority granted by Chapter 819 of the Statutes of 1971, as amended, or Part 9 (commencing with Section 75500).   (d) Notwithstanding Section 74200, upon the formation of the district in accordance with Division 3 (commencing with Section 56000) of Title 5 of the Government Code, the district shall be organized into nine divisions and the board of directors shall consist of nine members.   (e) The boundaries of the divisions of the district upon its formation shall be as determined by the San Joaquin County Local Agency Formation Commission.   (f) (1) The board of directors of the district may reduce the number of its members to seven.   (2) If the board of directors takes action pursuant to paragraph (1), the board of directors shall reduce the number of its divisions to seven in accordance with Sections 74430 to 74432, inclusive.  SEC. 2. The heading of Chapter 5 (commencing with Section 75470) of Part 8 of Division 21 of the Water Code is amended to read: CHAPTER 5. EASTERN SAN JOAQUIN COUNTY WATER DISTRICT CHARGES SEC. 3. Section 75470 of the Water Code is amended to read: 75470. (a) The Eastern San Joaquin County Water District, in addition to its other powers, may fix and collect charges as provided in this chapter. (b) As used in this chapter, "district" means the Eastern San Joaquin County Water District. SEC. 4. The Legislature finds and declares that this act, which is applicable only to the Eastern San Joaquin County Water District, is necessary because of the consolidation of the Stockton-East Water District and the Central San Joaquin Conservation District. It is, therefore, hereby declared that a general law within the meaning of Section 16 of Article IV of the California Constitution cannot be made applicable to the Eastern San Joaquin County Water District and the enactment of this special law is necessary for the public good.  SEC. 5.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.