BILL NUMBER: AB 1908 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2004
INTRODUCED BY Assembly Member Canciamilla
FEBRUARY 9, 2004
An act to amend Section 10011 Sections
31053 and 31054 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1908, as amended, Canciamilla. California Water Plan
Recycled water .
Existing law, except as specified, prohibits a publicly owned
utility from commencing to provide any service for, on, or to any
land within a county water district (1) that is subject to the lien
of a general obligation bonded indebtedness or that was the subject
of a lease-purchase, revenue, or other type of debt incurred for
capital improvements by or on behalf of the district incurred by the
district for the purpose of providing a service similar to that which
the utility proposes to provide, or (2) that is subject to a lien of
an indebtedness arising under any contract between the district and
the United States of America incurred or contracted by the district
for the purpose of providing similar water service, if 2/3 of the
voters voting at an election within the district have approved the
incurrence of the indebtedness and if that district has water
available and is ready, able, and willing to serve that land.
Under this bill, for those described purposes, the service of
recycled water, as defined, for any nonpotable use would not be a
"service similar to" the service of potable, raw, or untreated water
or a "similar water service" to the service of potable, raw, or
untreated water.
Existing law requires the Department of Water Resources to update
every 5 years the plan for orderly and coordinated protection,
conservation, development, and use of the water resources of the
state, known as the California Water Plan. Existing law requires the
Director of Water Resources to conduct at least one public hearing
in the Sacramento-San Joaquin Delta in connection with the
preparation of the plan.
This bill would require the department to conduct at least one
public hearing in the delta in connection with the updating,
modification, or revision of the plan.
Vote: majority. Appropriation: no. Fiscal committee:
yes no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10011 of the Water Code is amended to
SECTION 1. The Legislature finds and declares all of the
following:
(a) California is experiencing a substantial statewide water
shortage.
(b) The state's population is growing by approximately 750,000
people a year, and is expected to approach 50 million by 2020.
(c) This boom in population will nearly double the demand for
water supply in urban areas by 2020, compounding the shortage
problem.
(d) The state needs to take action that will help alleviate these
problems by expanding options for securing water supply.
(e) The state has a tremendous capacity to use reclaimed water for
a range of uses.
(f) The Legislature has established a goal for water recycling in
the state of reclaiming and reusing one million acre-feet annually by
2010.
(g) It is the intent of the Legislature to encourage the use of
recycled water for nonpotable uses as a cost-effective, reliable
method of helping to meet this state's water supply needs.
SEC. 2. Section 31053 of the Water Code is amended to read:
31053. (a) No publicly owned utility shall commence to
provide any service for, on, or to any land within a county water
district which that is subject to the
lien of a general obligation bonded indebtedness or which
that was the subject of a lease-purchase,
revenue, or other type of debt incurred for capital improvements by
or on behalf of the district incurred by the district for the purpose
of providing a service similar to that which the utility proposes to
provide.
However, a publicly owned utility may commence to provide service,
otherwise prohibited, upon either of the following conditions:
(a)
(1) If the board of directors of the county water district,
by resolution , permits the service.
(b)
(2) In any portion of such a county water district proposed
to be served by the publicly owned utility in which the total number
of registered voters residing therein exceeds 200, if at least
two-thirds of the voters voted at a special county water district
election to permit the service. The election shall be called and
held as an initiative measure pursuant to Section 30830.
(b) For purposes of this section, the service of recycled water,
as defined in subdivision (n) of Section 13050, for any nonpotable
use is not a "service similar to" the service of potable, raw, or
untreated water.
SEC. 3. Section 31054 of the Water Code is amended to read:
31054. (a) No publicly owned utility shall commence to
provide any water service for, on, or to any land within a county
water district which that is subject to
a lien of an indebtedness arising under any contract between the
district and the United States of America incurred or contracted by
the district for the purpose of providing similar water
service, provided if two-thirds of the
voters voting at an election within the district have approved the
incurrence of the indebtedness and , provided further, that
if the district has water available and is
ready, able, and willing to serve such that
land.
However, a publicly owned utility may commence to provide service,
otherwise prohibited, upon either of the following conditions:
(a)
(1) If the board of directors of such a county water
district shall by resolution permit such service; or
(b)
(2) In any portion of such a county water
district proposed to be served by the publicly owned utility in
which the total number of registered voters residing therein exceeds
200, and in which at least a majority of the voters voting on the
proposition shall have voted at a special county water district
election to permit such that service
within that portion of the district. The election shall be called
and held within that portion of the district as an initiative measure
pursuant to Section 30830.
(b) For purposes of this section, the service of recycled water,
as defined in subdivision (n) of Section 13050, for any nonpotable
use is not a "similar water service to" the service of potable, raw,
or untreated water.
SEC. 4. This act does not alter any right, remedy, or obligation
that exists pursuant to Chapter 8.5 (commencing with Section 1501) of
Part 1 of Division 1 of the Public Utilities Code or Article 1.5
(commencing with Section 1210) of Chapter 1 of Part 2 of Division 2
of the Water Code. read:
10011. (a) In preparing, updating, modifying, or revising the
California Water Plan, the director shall conduct at least one public
hearing within the boundaries of the Sacramento-San Joaquin Delta,
and shall solicit the comments of water agencies within the delta,
agricultural groups representative of delta agricultural activity,
environmental groups concerned with protecting delta wildlife
habitat, and groups representative of those who utilize water
exported from the delta.
(b) The California Water Plan shall include a discussion of
various alternatives, including their advantages and disadvantages,
for improving and protecting the current uses and configuration of
the Sacramento-San Joaquin Delta.
(c) Subdivisions (a) and (b) shall be implemented only to the
extent money is appropriated in the annual Budget Act to carry out
this section.