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| 1 | + | Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 722Introduced by Assembly Member BigelowFebruary 19, 2019An act to amend Section 10531 of the Water Code, relating to water. An act to amend Section 6307 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 722, as amended, Bigelow. Integrated regional water management plans. Water: Dams: fees.This bill would limit the total annual fee for a dam located in a disadvantaged community to no more than 20% of the fees assessed pursuant to the schedule of fees.Existing law, the Integrated Regional Water Management Planning Act, finds and declares the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. This bill would make a nonsubstantive change in these findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6307 of the Water Code is amended to read:6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SECTION 1.Section 10531 of the Water Code is amended to read:10531.The Legislature finds and declares all of the following:(a)Water is a valuable natural resource in California and should be managed to ensure the availability of sufficient supplies to meet the states agricultural, domestic, industrial, and environmental needs. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies.(b)Local agencies can realize efficiencies by coordinating and integrating their assets and seeking mutual solutions to water management issues.(c)The reliability of water supplies can be significantly improved by diversifying water portfolios, taking advantage of local and regional opportunities, and considering a broad variety of water management strategies as described in the California Water Plan.(d)The implementation of this part will facilitate the development of integrated regional water management plans, thereby assisting each region of the state to improve water supply reliability, water quality, and environmental stewardship to meet current and future needs.(e)Water management is integrally linked to public health and the health of all natural resources within our watersheds. It is the intent of the Legislature that water management strategies and projects are carried out in a way that promotes these important public values. | |
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| 3 | + | Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 722Introduced by Assembly Member BigelowFebruary 19, 2019An act to amend Section 10531 of the Water Code, relating to water. An act to amend Section 6307 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 722, as amended, Bigelow. Integrated regional water management plans. Water: Dams: fees.This bill would limit the total annual fee for a dam located in a disadvantaged community to no more than 20% of the fees assessed pursuant to the schedule of fees.Existing law, the Integrated Regional Water Management Planning Act, finds and declares the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. This bill would make a nonsubstantive change in these findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 14, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 02, 2019 | |
| 8 | 7 | Amended IN Assembly March 14, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 722 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member BigelowFebruary 19, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Bigelow | |
| 17 | 16 | February 19, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to amend Section 6307 of the Water Code, relating to water. | |
| 18 | + | An act to amend Section 10531 of the Water Code, relating to water. An act to amend Section 6307 of the Water Code, relating to water. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 722, as amended, Bigelow. Water: dams: fees. | |
| 24 | + | AB 722, as amended, Bigelow. Integrated regional water management plans. Water: Dams: fees. | |
| 26 | 25 | ||
| 27 | - | ||
| 26 | + | This bill would limit the total annual fee for a dam located in a disadvantaged community to no more than 20% of the fees assessed pursuant to the schedule of fees.Existing law, the Integrated Regional Water Management Planning Act, finds and declares the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. This bill would make a nonsubstantive change in these findings and declarations. | |
| 28 | 27 | ||
| 29 | - | ||
| 28 | + | This bill would limit the total annual fee for a dam located in a disadvantaged community to no more than 20% of the fees assessed pursuant to the schedule of fees. | |
| 30 | 29 | ||
| 31 | - | This bill would limit the total annual fee for a dam located in a disadvantaged community operated by certain irrigation districts to no more than 20% of the fees assessed pursuant to the schedule of fees. | |
| 30 | + | Existing law, the Integrated Regional Water Management Planning Act, finds and declares the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | ||
| 34 | + | This bill would make a nonsubstantive change in these findings and declarations. | |
| 35 | + | ||
| 36 | + | ||
| 32 | 37 | ||
| 33 | 38 | ## Digest Key | |
| 34 | 39 | ||
| 35 | 40 | ## Bill Text | |
| 36 | 41 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 6307 of the Water Code is amended to read:6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 6307 of the Water Code is amended to read:6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SECTION 1.Section 10531 of the Water Code is amended to read:10531.The Legislature finds and declares all of the following:(a)Water is a valuable natural resource in California and should be managed to ensure the availability of sufficient supplies to meet the states agricultural, domestic, industrial, and environmental needs. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies.(b)Local agencies can realize efficiencies by coordinating and integrating their assets and seeking mutual solutions to water management issues.(c)The reliability of water supplies can be significantly improved by diversifying water portfolios, taking advantage of local and regional opportunities, and considering a broad variety of water management strategies as described in the California Water Plan.(d)The implementation of this part will facilitate the development of integrated regional water management plans, thereby assisting each region of the state to improve water supply reliability, water quality, and environmental stewardship to meet current and future needs.(e)Water management is integrally linked to public health and the health of all natural resources within our watersheds. It is the intent of the Legislature that water management strategies and projects are carried out in a way that promotes these important public values. | |
| 38 | 43 | ||
| 39 | 44 | The people of the State of California do enact as follows: | |
| 40 | 45 | ||
| 41 | 46 | ## The people of the State of California do enact as follows: | |
| 42 | 47 | ||
| 43 | - | SECTION 1. Section 6307 of the Water Code is amended to read:6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 48 | + | SECTION 1. Section 6307 of the Water Code is amended to read:6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. | |
| 44 | 49 | ||
| 45 | 50 | SECTION 1. Section 6307 of the Water Code is amended to read: | |
| 46 | 51 | ||
| 47 | 52 | ### SECTION 1. | |
| 48 | 53 | ||
| 49 | - | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 54 | + | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. | |
| 50 | 55 | ||
| 51 | - | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 56 | + | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. | |
| 52 | 57 | ||
| 53 | - | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 58 | + | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department.(c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:(1) The dam has a storage capacity of not more than 100 acre-feet.(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).(2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code.(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.(g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).(g)(h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. | |
| 54 | 59 | ||
| 55 | 60 | ||
| 56 | 61 | ||
| 57 | 62 | 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the departments reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve. | |
| 58 | 63 | ||
| 59 | 64 | (2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section. | |
| 60 | 65 | ||
| 61 | 66 | (3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis. | |
| 62 | 67 | ||
| 63 | 68 | (b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, shall be imposed for fees received after July 1 in any year. This penalty does not apply to any supplemental billing issued by the department. | |
| 64 | 69 | ||
| 65 | 70 | (c) For the purposes of this section, height of the dam means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation. | |
| 66 | 71 | ||
| 67 | 72 | (d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply: | |
| 68 | 73 | ||
| 69 | 74 | (1) The dam has a storage capacity of not more than 100 acre-feet. | |
| 70 | 75 | ||
| 71 | 76 | (2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students. | |
| 72 | 77 | ||
| 73 | 78 | (e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a). | |
| 74 | 79 | ||
| 75 | 80 | (2) For purposes of this subdivision, farm has the same meaning as defined in Section 52262 of the Food and Agricultural Code. | |
| 76 | 81 | ||
| 77 | 82 | (f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e). | |
| 78 | 83 | ||
| 79 | - | (2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned | |
| 84 | + | (2) As used in this subdivision, privately owned does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies. | |
| 80 | 85 | ||
| 81 | - | (g) Dams located in a disadvantaged community, as defined in Section 79505.5, Any dam operated by an irrigation district formed under Division 11 (commencing with Section 20500) with a ratepayer base of 500 ratepayers or less shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e). | |
| 86 | + | (g) Dams located in a disadvantaged community, as defined in Section 79505.5, shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e). | |
| 87 | + | ||
| 88 | + | (g) | |
| 89 | + | ||
| 90 | + | ||
| 82 | 91 | ||
| 83 | 92 | (h) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | The Legislature finds and declares all of the following: | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | (a)Water is a valuable natural resource in California and should be managed to ensure the availability of sufficient supplies to meet the states agricultural, domestic, industrial, and environmental needs. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | (b)Local agencies can realize efficiencies by coordinating and integrating their assets and seeking mutual solutions to water management issues. | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (c)The reliability of water supplies can be significantly improved by diversifying water portfolios, taking advantage of local and regional opportunities, and considering a broad variety of water management strategies as described in the California Water Plan. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (d)The implementation of this part will facilitate the development of integrated regional water management plans, thereby assisting each region of the state to improve water supply reliability, water quality, and environmental stewardship to meet current and future needs. | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (e)Water management is integrally linked to public health and the health of all natural resources within our watersheds. It is the intent of the Legislature that water management strategies and projects are carried out in a way that promotes these important public values. |