California Senate Bill SB26 Amended / Bill

 BILL NUMBER: SB 26AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 19, 2014 INTRODUCED BY Senator Correa DECEMBER 3, 2012  An act to amend Section 84305.5 of the Government Code, relating to the Political Reform Act of 1974.   An act to amend Section 2 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), relating to water.  LEGISLATIVE COUNSEL'S DIGEST SB 26, as amended, Correa.  Political Reform Act of 1974: slate mailers.   Orange County Water District Act: district powers.   Existing law, the Orange County Water District Act, prescribes the powers of the Orange County Water District. Existing law grants the district the power to perform actions useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district.   This bill would prohibit the district from entering into a real property lease agreement with a nongovernmental entity for purposes not useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district, unless the agreement is approved by the city council in which the real property is located, if the real property is located within a city.   This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.   The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other information in specified formatting. The act also requires a notice to voters in a specified type and color or print consisting of a prescribed statement be included on a side or surface of the slate mailer.   This bill would modify the font and type specifications with respect to the slate mailer organization or committee identification requirement and would revise the placement and font size and color specifications with respect to the prescribed notice to voters.   Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.   By making the format requirements of slate mailers more restrictive, this bill would impose a state-mandated local program.   The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.   This bill would declare that it furthers the purposes of the act.   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:  2/3   majority  . Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 2 of   the Orange County Water District Act  (Chapter 924 of the Statutes of 1933), as amended by Chapter 802 of the Statutes of 1989, is amended to read:  Sec. 2. The "Orange County Water District" shall have the following powers: (1) To have perpetual succession. (2) To sue and be sued, except as otherwise provided herein or by law, in all actions and proceedings in all courts and tribunals. (3) To adopt a seal and alter it at pleasure. (4) To take by grant, purchase, gift, devise, or lease, to hold, use and enjoy, and to lease, convey, or dispose of, real and personal property of every kind, within or without the district, necessary or convenient to the full exercise of its powers. (5) Within or outside of the district to construct, purchase, lease, or otherwise acquire, and to operate and maintain necessary waterworks and other works, machinery, facilities, canals, conduits, waters, water rights, spreading grounds, lands, rights and privileges useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district, and purposes incidental thereto.  The district shall not enter into a real property lease agreement with a nongovernmental entity for purposes not useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district, unless the agreement is approved by the city council in which the real property is located, if the real property is located within a city.  (6) For the common benefit of the district and for the purpose of managing the groundwater basin and managing, replenishing, regulating, and protecting the groundwater supplies within the  district   district,  to exercise the following powers: (a) Provide for the conjunctive use of groundwater and surface water resources within the district area. (b) Store water in underground water basins or reservoirs within or outside of the district. (c) Regulate and control the storage of water and the use of groundwater basin storage space in the groundwater basin within the district and pursuant to the provisions set forth in Section 2.1 to (1) determine the amount of storage space available in the groundwater basin within the district, (2) allocate that available groundwater storage space, and (3) enter into groundwater storage agreements, provided that the district shall have no authority under the provisions of this section, except the provisions of paragraph (l) of this subdivision, to limit the extraction of groundwater within the district, except to the extent that a party may agree thereto under  any such   the  groundwater storage or other agreement. (d) Appropriate and acquire water and water rights within or outside of the district. (e) Purchase and import water into the district. (f) Conserve and reclaim water within or outside of the district. (g) Buy and sell water at  such  rates as shall be determined by the board of directors. (h) Exchange water. (i) Distribute water to persons in exchange for ceasing or reducing groundwater extractions. (j) Transport, reclaim, purify, treat, inject, extract, or otherwise manage and control water for the beneficial use of persons or property within the district and to improve and protect the quality of the groundwater supplies within the district. (k) Fix the terms and conditions of any contract under which owners or operators of water-producing facilities within the district may agree to use water from an alternative nontributary source in lieu of groundwater, and to that  end   end,  the district may become a party to  such a   that  contract and may pay from district funds that portion of the cost of water from an alternate source as will encourage the purchase and use of the same in lieu of producing groundwater, as long as persons or property within the district are directly or indirectly benefited by the resulting replenishment. (l) Fix the terms and conditions of any contract under which the owner or operator of a water-producing facility within the district may agree to increase the production of groundwater in lieu of water from an alternative nontributary source for the purpose of removing contaminants or pollutants from the groundwater basin. The district may become a party to that contract and may pay from district funds that portion of the cost of the groundwater production as will encourage the production for beneficial use of polluted or contaminated groundwater, as long as that pollution or contamination is impairing the quality of the water supplies within the district and the quality of the water supplies within the district will be improved by that production. (m) Determine in the manner herein provided the amount and percentage of water produced from the groundwater supplies within the district to the total amount of water produced within the district by all persons and operators, including the total amount of water from supplemental sources; require that persons and operators produce more or less of their total water needs from the groundwater within the district than the basin production percentage determined by the district as provided herein; levy a basin equity assessment, which may be uniform or nonuniform in amount as determined by the board of directors of the district, on each person and operator who produces more water from the groundwater within the district; and to compensate other persons and operators who are directed by the district to produce less than the basin production percentage from groundwater within the district. (7) To provide for the protection and enhancement of the environment within and outside the district in connection with the water activities of the district. (8) To provide, by agreement with other public agencies or private persons or entities or otherwise, for the recreational use of the lands, facilities, and works of the district which shall not interfere, or be inconsistent, with the primary use and purpose of the lands, facilities, and works by the district. (9) To carry out the purposes of this act, to commence, maintain, intervene in, defend, and compromise, in the name of the district, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to prevent interference with water or water rights used or useful to lands within the district, or diminution of the quantity or pollution or contamination of the water supply of the district, or to prevent unlawful exportation of water from the district, or to prevent any interference with the water or water rights used or useful in the district which may endanger or damage the inhabitants, lands, or use of water in the district; provided, however, that the district shall not have power to intervene or take part in, or to pay costs or expenses of, actions or controversies between the owners of lands or water rights all of which are entirely within the boundaries of the district and which do not involve pollution or contamination of water within the district or exporting water outside of the district's boundaries or any threat thereof. (10) To exercise the right of eminent domain to take any property necessary to the exercise of any of the powers granted by this act, except that the district shall not have the right of eminent domain as to water, water rights, reservoirs, pipelines, water distributing systems, waterworks, or powerplants, all or any of which are already devoted to beneficial or public use and located within the watershed of the Santa Ana River, and excepting further from the exercise of the right of eminent domain by the district any property maintained and actually used for the scientific propagation and study of plantlife. No language or provision of this act, or of this subdivision, shall be interpreted or construed so as to limit or abridge the right of the district, or its board of directors, to exercise its right of eminent domain to condemn property at any place within the Santa Ana River watershed for rights-of-ways upon and across and under which to construct pipelines, conduits,  tunnels and/or aqueducts   tunnels, aqueducts, or any combination thereof,  necessary or convenient for any of the purposes of the district provided the property sought to be condemned for the purposes is not already being used by other corporations, municipalities, districts, or individuals for similar purposes; providing, however, that neither the district nor its board of directors shall have power to enter in or upon the Mojave River or any of its tributaries or appropriate, take, or condemn any of the water or the right to the use of any of the water of the Mojave River or any of its tributaries; nor shall anything in this act be deemed as authorizing or empowering the district or its board of directors to so do. (11) The district shall, in addition to the other powers  herein  granted by this act, have the following rights and powers: to act jointly with or cooperate with the United States or any agency  thereof   of the United States  , the State of California or any agency  thereof   of the state  , any county of the State of California, districts of any kind, public and private corporations, and any person or persons, to carry out the provisions and purposes of this act. In those joint or cooperative activities, the district may act within or outside of its boundaries. (12) To cause assessments  and/or charges   or charges, or both,  to be levied as  hereinafter  provided  in this act  to accomplish the purposes of this act. (13) To make contracts, to employ  labor   labor,  and to do all acts necessary for the full exercise of the foregoing powers. (14) To carry on technical and other investigations of all kinds, necessary to carry out this act, and for this purpose the district shall have the right of access through its authorized representative to all properties within the district.  SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique parcels of land in the County of Orange and the need to ensure that the land is properly leased.   SECTION 1.  Section 84305.5 of the Government Code is amended to read: 84305.5. (a) No slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall send a slate mailer unless: (1) The name, street address, and city of the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures are shown on the outside of each piece of slate mail and on at least one of the inserts included with each piece of slate mail in no less than 10-point black roman type against a solid white background so as to be easily legible. A post office box may be stated in lieu of a street address if the street address of the slate mailer organization or the committee primarily formed to support or oppose one or more ballot measure is a matter of public record with the Secretary of State's Political Reform Division. (2) On each side or surface where any candidate or ballot measure that has paid to appear in the slate mailer appears, there is a notice in at least 10-point black roman boldface type, against a solid white background so as to be easily legible, and in a printed or drawn box and set apart from any other printed matter. The notice shall consist of the following statement: | | | | | NOTICE TO VOTERS | | | | | | | | THIS DOCUMENT WAS PREPARED BY (name of slate | | mailer organization or committee primarily | | formed to support or oppose one or more ballot | | measures), NOT AN OFFICIAL POLITICAL PARTY | | ORGANIZATION. Appearance in this mailer does | | not necessarily imply endorsement of others | | appearing in this mailer, nor does it imply | | endorsement of, or opposition to, any issues | | set forth in this mailer. Appearance is paid | | for and authorized by each candidate and | | ballot measure which is designated by an *. | | | | | (3) The name, street address, and city of the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures as required by paragraph (1) and the notice required by paragraph (2) may appear on the same side or surface of an insert. (4) Each candidate and each ballot measure that has paid to appear in the slate mailer is designated by an *. Any candidate or ballot measure that has not paid to appear in the slate mailer is not designated by an *. The * required by this subdivision shall be of the same type size, type style, color or contrast, and legibility as is used for the name of the candidate or the ballot measure name or number and position advocated to which the * designation applies except that in no case shall the * be required to be larger than 10-point boldface type. The designation shall immediately follow the name of the candidate, or the name or number and position advocated on the ballot measure where the designation appears in the slate of candidates and measures. If there is no slate listing, the designation shall appear at least once in at least 8-point boldface type, immediately following the name of the candidate, or the name or number and position advocated on the ballot measure. (5) The name of any candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent is accompanied, immediately below the name, by the party designation of the candidate, in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. The designation shall not be required in the case of candidates for nonpartisan office. (b) For purposes of the designations required by paragraph (4) of subdivision (a), the payment of any sum made reportable by subdivision (c) of Section 84219 by or at the behest of a candidate or committee, whose name or position appears in the mailer, to the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures, shall constitute a payment to appear, requiring the * designation. The payment shall also be deemed to constitute authorization to appear in the mailer.   SEC. 2.   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 will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SEC. 3.   The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.