California Senate Bill SB613 Introduced / Bill

 BILL NUMBER: SB 613INTRODUCED BILL TEXT INTRODUCED BY Senator Harman FEBRUARY 27, 2009 An act to amend Section 10.2 of the County Water Authority Act (Chapter 545 of the Statutes of 1943), relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 613, as introduced, Harman. County water authority: annexation: federal military reservation. The County Water Authority Act authorizes county 2 or more public agencies in any county to organize and incorporate a county water authority. The act requires all powers, privileges, and duties vested in or imposed upon a county water authority to be exercised and performed by a board of directors. The act provides for among other things, the annexation of territory within a federal military reservation to a county water authority. The act provides procedures for annexation of a military reservation and requires, on and after the effective date of the annexation, the military reservation to be a separate unit member of the county water authority entitled to one representative on the board of directors. This bill would make technical, nonsubstantive changes in the provisions relating to annexation of a federal military reservation. 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 10.2 of the County Water Authority Act (Chapter 545 of the Statutes of 1943), as amended by Section 38 of Chapter 506 of the Statutes of 2000, is amended to read: Sec. 10.2. (a) Notwithstanding any other provisions of this act, territory within a federal military reservation may be annexed to any county water authority organized  hereunder   under this act  as a single member of an authority in the manner provided in this section. As used in this section, "federal military reservation" or "military reservation" means a single federal military reservation or separate but contiguous federal military reservations which are jointly annexed to a county water authority as a single member agency of an authority. (b) Proceedings for the annexation of  territory within  a military reservation shall be initiated by the adoption by the board of directors of an authority of a resolution proposing annexation of  territory within  a military reservation to an authority as a member of an authority. (c) The resolution proposing the annexation may provide that the annexation shall include one or more separate areas, which may be separately identified for assessing and tax collecting purposes, and that each  such area   of those areas  may be subject to one or more of the following terms and conditions: (1) The fixing and establishment of priorities for the use of, or right to use, water, or capacity rights in any public improvement or facilities, and the determination of, or limitation on, the quantity of, the purposes for which, and the places where, water may be delivered by the authority to the military reservation for military purposes and uses incidental thereto, as well as for nonmilitary purposes. (2) The levying by the authority of special taxes upon any private leasehold, possessory interest  ,  or other taxable property within the territory annexed, and the imposition and collection of special fees or charges prior to the annexation. (3)  Should   If    portions of any area annexed  hereunder be   under this section are  subsequently made available for nonmilitary purposes not in existence at the time of the annexation of the area, the board of directors of the authority may impose new terms and conditions for any subsequent service of water, directly or indirectly, by the authority to that area, including the separation of  such an   the  area for assessing and tax collecting purposes and the levying by the authority of special taxes on those portions. (4) The effective date of the annexation. (5) Any other matters necessary or incidental to any of the  foregoing   terms and conditions in paragraphs (1) to (4), inclusive  . (d) A certified copy of the resolution proposing annexation shall be sent to the official in authority over the military reservation. If the military reservation consents in writing to the annexation and to the terms and conditions established by the board of directors, the board may, by resolution, order the annexation to the authority of the territory situated within the military reservation, subject to  said   those  terms and conditions. (e) A certificate of proceedings taken  hereunder   under this section  shall be made by the secretary of the authority and filed with the county clerk of the county in which the county water authority is situated. Upon the filing in his or her office of the certificate of proceedings, the county clerk of the county in which the county water authority is situated shall, within 10 days, issue a certificate reciting the filing of those papers in his or her office and the annexation of the territory to the authority. The county clerk of the county in which the county water authority is situated shall transmit the original of said certificate to the secretary of the authority. (f) Upon the filing of the certificate of proceedings with the county clerk of the county in which the county water authority is situated, or upon the effective date of the annexation provided for in the terms and conditions, whichever is later, the territory within the military reservation shall become and be an integral part of the authority  , and the   . The  taxable property  therein   within that territory  shall be subject to taxation thereafter for the purposes of  said   the authority, including the payment of bonds and other obligations of the authority at the time authorized or outstanding  , and the   . The  board of directors of the authority shall be empowered to do all things necessary to enforce and make effective the terms and conditions of annexation fixed as  hereinabove  authorized  pursuant to this section  . (g) On and after the effective date of the annexation, the military reservation shall be a separate unit member of the authority and shall be entitled to one representative on the board of directors of the authority. For the purposes of this act, a military reservation shall be deemed a public agency. The representative shall be designated and appointed by the official in authority over the military reservation, shall hold office for a term of six years or until his or her successor is appointed and qualified, and may be recalled by  that   the  official  with authority over the military reservation  . (h) The transfer of ownership of the fee title of a military reservation, or of any portion thereof, to nonmilitary ownership after annexation to the authority pursuant to this section shall result in the automatic exclusion from the authority of the territory transferred to that ownership. (i) If a county water authority is a member public agency of a metropolitan water district organized under the Metropolitan Water District Act (Chapter 200 of the Statutes of 1969), that metropolitan water district may impose any or all of the terms and conditions that may be imposed by a county water authority pursuant to subdivisions (a) through (h) of this section in any resolution fixing the terms and conditions for the concurrent annexation of territory in a military reservation.