Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 552Introduced by Assembly Member IrwinFebruary 14, 2017An act relating to natural resources. An act to add Article 6 (commencing with Section 75634) to Chapter 3 of Part 9 of Division 21 of the Water Code, relating to water conservation districts.LEGISLATIVE COUNSEL'S DIGESTAB 552, as amended, Irwin. Natural resources: protection. United Water Conservation District.(1) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to cause to be made annually an engineering investigation and report on groundwater conditions of the district. The law requires the district board to hold a hearing on the report and then authorizes the board to make a determination to levy a groundwater charge. The law requires, when a water-producing facility in a zone with a groundwater charge is permanently abandoned, that the operator of the facility give written notice of the abandonment to the district.This bill would authorize the United Water Conservation District to affix seals to an abandoned water-producing facility.(2) The law requires a district, if any operator of a water-producing facility fails to pay the groundwater charge when due, to charge interest at the rate of 1% each month on the delinquent amount. The law requires a district, if any operator of a water-producing facility fails to register the facility or fails to file required water production statements, to additionally assess a penalty charge against the operator in an amount of 10% of the amount due. This bill would authorize the United Water Conservation District to assess an administrative charge to recover the cost of collection of delinquent unpaid charges and would authorize the district to adopt an ordinance to provide that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.(3) The law authorizes a district to bring a suit against any operator, as defined, of a water-producing facility within the district for the collection of any delinquent groundwater charge. The law authorizes a court, in addition to allowing recovery of costs to the district, to fix and allow as part of the judgment interest and penalties, as specified.This bill would authorize, as an alternative to bringing a suit, the district to collect any delinquent groundwater charge and any interest, penalties, costs, and administrative charges in the same manner as delinquent assessments, water charges, or tolls. The bill would authorize as an additional remedy, after specified notice and a public hearing, the district to order an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid.(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.Existing law declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state, and provides for the formation and powers of resource conservation districts.This bill would declare the intent of the Legislature to enact legislation that would protect the states land and water resources.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 6 (commencing with Section 75634) is added to Chapter 3 of Part 9 of Division 21 of the Water Code, to read: Article 6. United Water Conservation District75634. For the purposes of this article, district means the United Water Conservation District.75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances associated with the United Water Conservation District.SECTION 1.It is the intent of the Legislature to enact legislation that would protect the states land and water resources.
Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 552Introduced by Assembly Member IrwinFebruary 14, 2017An act relating to natural resources. An act to add Article 6 (commencing with Section 75634) to Chapter 3 of Part 9 of Division 21 of the Water Code, relating to water conservation districts.LEGISLATIVE COUNSEL'S DIGESTAB 552, as amended, Irwin. Natural resources: protection. United Water Conservation District.(1) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to cause to be made annually an engineering investigation and report on groundwater conditions of the district. The law requires the district board to hold a hearing on the report and then authorizes the board to make a determination to levy a groundwater charge. The law requires, when a water-producing facility in a zone with a groundwater charge is permanently abandoned, that the operator of the facility give written notice of the abandonment to the district.This bill would authorize the United Water Conservation District to affix seals to an abandoned water-producing facility.(2) The law requires a district, if any operator of a water-producing facility fails to pay the groundwater charge when due, to charge interest at the rate of 1% each month on the delinquent amount. The law requires a district, if any operator of a water-producing facility fails to register the facility or fails to file required water production statements, to additionally assess a penalty charge against the operator in an amount of 10% of the amount due. This bill would authorize the United Water Conservation District to assess an administrative charge to recover the cost of collection of delinquent unpaid charges and would authorize the district to adopt an ordinance to provide that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.(3) The law authorizes a district to bring a suit against any operator, as defined, of a water-producing facility within the district for the collection of any delinquent groundwater charge. The law authorizes a court, in addition to allowing recovery of costs to the district, to fix and allow as part of the judgment interest and penalties, as specified.This bill would authorize, as an alternative to bringing a suit, the district to collect any delinquent groundwater charge and any interest, penalties, costs, and administrative charges in the same manner as delinquent assessments, water charges, or tolls. The bill would authorize as an additional remedy, after specified notice and a public hearing, the district to order an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid.(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.Existing law declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state, and provides for the formation and powers of resource conservation districts.This bill would declare the intent of the Legislature to enact legislation that would protect the states land and water resources.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 23, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 552
Introduced by Assembly Member IrwinFebruary 14, 2017
Introduced by Assembly Member Irwin
February 14, 2017
An act relating to natural resources. An act to add Article 6 (commencing with Section 75634) to Chapter 3 of Part 9 of Division 21 of the Water Code, relating to water conservation districts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 552, as amended, Irwin. Natural resources: protection. United Water Conservation District.
(1) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to cause to be made annually an engineering investigation and report on groundwater conditions of the district. The law requires the district board to hold a hearing on the report and then authorizes the board to make a determination to levy a groundwater charge. The law requires, when a water-producing facility in a zone with a groundwater charge is permanently abandoned, that the operator of the facility give written notice of the abandonment to the district.This bill would authorize the United Water Conservation District to affix seals to an abandoned water-producing facility.(2) The law requires a district, if any operator of a water-producing facility fails to pay the groundwater charge when due, to charge interest at the rate of 1% each month on the delinquent amount. The law requires a district, if any operator of a water-producing facility fails to register the facility or fails to file required water production statements, to additionally assess a penalty charge against the operator in an amount of 10% of the amount due. This bill would authorize the United Water Conservation District to assess an administrative charge to recover the cost of collection of delinquent unpaid charges and would authorize the district to adopt an ordinance to provide that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.(3) The law authorizes a district to bring a suit against any operator, as defined, of a water-producing facility within the district for the collection of any delinquent groundwater charge. The law authorizes a court, in addition to allowing recovery of costs to the district, to fix and allow as part of the judgment interest and penalties, as specified.This bill would authorize, as an alternative to bringing a suit, the district to collect any delinquent groundwater charge and any interest, penalties, costs, and administrative charges in the same manner as delinquent assessments, water charges, or tolls. The bill would authorize as an additional remedy, after specified notice and a public hearing, the district to order an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid.(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.Existing law declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state, and provides for the formation and powers of resource conservation districts.This bill would declare the intent of the Legislature to enact legislation that would protect the states land and water resources.
(1) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to cause to be made annually an engineering investigation and report on groundwater conditions of the district. The law requires the district board to hold a hearing on the report and then authorizes the board to make a determination to levy a groundwater charge. The law requires, when a water-producing facility in a zone with a groundwater charge is permanently abandoned, that the operator of the facility give written notice of the abandonment to the district.
This bill would authorize the United Water Conservation District to affix seals to an abandoned water-producing facility.
(2) The law requires a district, if any operator of a water-producing facility fails to pay the groundwater charge when due, to charge interest at the rate of 1% each month on the delinquent amount. The law requires a district, if any operator of a water-producing facility fails to register the facility or fails to file required water production statements, to additionally assess a penalty charge against the operator in an amount of 10% of the amount due.
This bill would authorize the United Water Conservation District to assess an administrative charge to recover the cost of collection of delinquent unpaid charges and would authorize the district to adopt an ordinance to provide that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.
(3) The law authorizes a district to bring a suit against any operator, as defined, of a water-producing facility within the district for the collection of any delinquent groundwater charge. The law authorizes a court, in addition to allowing recovery of costs to the district, to fix and allow as part of the judgment interest and penalties, as specified.
This bill would authorize, as an alternative to bringing a suit, the district to collect any delinquent groundwater charge and any interest, penalties, costs, and administrative charges in the same manner as delinquent assessments, water charges, or tolls. The bill would authorize as an additional remedy, after specified notice and a public hearing, the district to order an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid.
(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.
Existing law declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state, and provides for the formation and powers of resource conservation districts.
This bill would declare the intent of the Legislature to enact legislation that would protect the states land and water resources.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 6 (commencing with Section 75634) is added to Chapter 3 of Part 9 of Division 21 of the Water Code, to read: Article 6. United Water Conservation District75634. For the purposes of this article, district means the United Water Conservation District.75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances associated with the United Water Conservation District.SECTION 1.It is the intent of the Legislature to enact legislation that would protect the states land and water resources.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 6 (commencing with Section 75634) is added to Chapter 3 of Part 9 of Division 21 of the Water Code, to read: Article 6. United Water Conservation District75634. For the purposes of this article, district means the United Water Conservation District.75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.
SECTION 1. Article 6 (commencing with Section 75634) is added to Chapter 3 of Part 9 of Division 21 of the Water Code, to read:
### SECTION 1.
Article 6. United Water Conservation District75634. For the purposes of this article, district means the United Water Conservation District.75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.
Article 6. United Water Conservation District75634. For the purposes of this article, district means the United Water Conservation District.75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.
Article 6. United Water Conservation District
Article 6. United Water Conservation District
75634. For the purposes of this article, district means the United Water Conservation District.
75634. For the purposes of this article, district means the United Water Conservation District.
75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.
75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.
75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.
75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.
75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.
75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls.
(b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.
(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances associated with the United Water Conservation District.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances associated with the United Water Conservation District.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances associated with the United Water Conservation District.
### SEC. 2.
It is the intent of the Legislature to enact legislation that would protect the states land and water resources.