BILL NUMBER: SB 1904 CHAPTERED
BILL TEXT
CHAPTER 667
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 1996
APPROVED BY GOVERNOR SEPTEMBER 20, 1996
PASSED THE SENATE AUGUST 30, 1996
PASSED THE ASSEMBLY AUGUST 29, 1996
AMENDED IN ASSEMBLY AUGUST 21, 1996
AMENDED IN ASSEMBLY AUGUST 8, 1996
AMENDED IN ASSEMBLY AUGUST 5, 1996
AMENDED IN ASSEMBLY JUNE 24, 1996
AMENDED IN ASSEMBLY JUNE 5, 1996
AMENDED IN SENATE APRIL 11, 1996
INTRODUCED BY Committee on Agriculture and Water Resources (Senators
Costa (Chair), Ayala, Craven, Johnston, Kelley, Kopp, and Wright)
FEBRUARY 23, 1996
An act to amend Section 25703 of the Government Code, to amend
Section 408 of the Revenue and Taxation Code, to amend Sections 1055,
1226.1, 1226.2, 1226.3, 1226.4, 1425, 1435, 5104, 5107, 13176, and
31483 of, and to add Section 35422.5 to, the Water Code, and to
repeal Section 141 of the Sacramento Area Flood Control Agency Act
(Chapter 510 of the Statutes of 1990), relating to water, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1904, Committee on Agriculture and Water Resources. Water.
(1) Existing law authorizes the board of supervisors of a county
to dispose of recycled water and any byproducts of that recycling in
specified ways, including sale to certain water districts or any
other district of which the board of supervisors is the ex officio
governing body.
The bill would expand that authorization to include sale to any
public entity or water corporation.
(2) Existing property tax law requires county assessors to
disclose, furnish abstracts of, and provide access to, all
information in their offices, including nonpublic information in
their files, to various specified persons and agencies.
This bill would impose a state-mandated local program by requiring
assessors to additionally provide access to this information to the
Department of Water Resources.
(3) Existing law provides that the owner of certain water
impoundment structures constructed prior to January 1, 1969, the
capacity of which does not exceed 10 acre feet on January 1, 1975,
has a valid water right with a priority as of the date of
construction of the structure for the purpose of livestock watering
and other prescribed incidental uses. Existing law provides that any
person claiming such a water right, who fails to file a claim of
water right on or before December 31, 1977, has a water right
priority as of the date of filing.
This bill would provide, instead, that the owner has a valid water
right if that person files a claim of water right with the State
Water Resources Control Board not later than December 31, 1997. The
bill would provide that any person who has that water right, who
files a claim of water right with the board on or before December 31,
1977, has a water right priority as of the date of construction of
the structure and any person who has that water right, who files a
claim of water right with the board after December 31, 1977, and
before January 1, 1998, has a water right priority as of the date of
filing. The bill would require the board, if the claimant
establishes the water right, to issue a certificate of the validity
of the water right, and would authorize the board to revoke that
certificate upon a finding that the water has ceased to be used for
those prescribed uses.
(4) Existing law authorizes the board to delegate to any employee
of the board, including the members of the board, certain functions
relating to the issuance of temporary permits to divert and use water
and temporary change orders with regard to a point of diversion or
place or purpose of use. Existing law requires the board, not later
than 30 days after the issuance of those permits or orders by an
employee, to review and validate those permits or orders.
This bill would, instead, authorize the delegation of those
functions to any officer or employee of the board.
(5) Existing law generally requires each person who, after
December 31, 1965, diverts water to file with the board, prior to
July 1 of each year, a statement relating to the diversion and use of
the water during the previous year and requires the person to file
supplemental statements, at prescribed 3-year intervals, that specify
the amount of water diverted, the rate of diversion by months, and
any change in other information included in the preceding statement.
This bill would require that person to file a supplemental
statement with the board if there is a change in the name or address
of the person diverting the water.
(6) Existing law makes the making of any willful misstatement in
connection with the preparation of a statement of water diversion and
use a misdemeanor.
This bill would subject any person who makes such a material
misstatement to civil liability, imposed administratively, in an
amount that does not exceed $500 for each violation, as prescribed.
The bill would make a related change.
(7) Existing law, until January 1, 1997, authorizes the Contra
Costa Water District to issue revenue bonds in accordance with
specified law for the purpose of financing the acquisition of land
and land rights and the construction, improvement, or acquisition of
any facilities necessary or convenient for the storage, transmission,
distribution, or treatment of water for beneficial use, as
prescribed.
This bill would extend that authorization until January 1, 2000.
(8) Existing law governing California water districts provides for
the apportionment of water to holders of title to land, as
prescribed.
This bill would authorize a district, as an alternative, and in
addition, to those methods of apportionment, to enter into long-term
water service contracts with holders of title to land, and authorize
those contracts to provide that all water charges provided for in
those contracts are, when due, a lien on the land and may be
collected and enforced, as specified.
(9) The Sacramento Area Flood Control Agency Act requires the
board of the Sacramento Area Flood Control Agency, if a certain
special capital assessment is prepaid and conditionally satisfied as
to a piece of land, to prepare and record in the office of the county
recorder of the county in which the land is located, a notice of
conditional cancellation of assessment lien as to that parcel. The
act also requires the county recorder to mail that original notice of
conditional cancellation of assessment lien to the owner of the
property after recording the document.
This bill would repeal those provisions of the act.
(10) Under the Clean Water Bond Law of 1984, the Water
Conservation and Water Quality Bond Law of 1986, and the Water
Conservation Bond Law of 1988, the Department of Water Resources may
make loans to local agencies, upon approval of the Legislature by
statute, for prescribed purposes.
This bill would make an appropriation by authorizing loans from
the Water Conservation Account in the 1984 State Clean Water Bond
Fund, the Water Conservation and Groundwater Recharge Account in the
1986 Water Conservation and Water Quality Bond Fund, and the 1988
Water Conservation Fund to specified entities for specified projects
in accordance with those bond laws.
(11) The California Safe Drinking Water Bond Law of 1988 permits
bond proceeds in the California Safe Drinking Water Fund to be used
for a grant program with grants provided to prescribed entities,
subject to specific approval of the Legislature.
This bill would make an appropriation by authorizing grants from
the fund to specified entities for the purposes of financing
specified projects to identify alternatives for system improvements
in accordance with that bond law.
(12) The bill would make various conforming changes.
(13) This bill would incorporate additional changes in Section 408
of the Revenue and Taxation Code, proposed by AB 2682 and AB 3351,
to be operative only if this bill and either or both AB 2682 and AB
3351 are chaptered and become effective on or before January 1, 1997,
and this bill is chaptered last.
(14) 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.
(15) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25703 of the Government Code is amended to
read:
25703. The board of supervisors may dispose of recycled water and
any byproducts of that recycling, pursuant to this article, in any
one or more of the following ways:
(a) Sale to the county and the inhabitants thereof.
(b) Sale to any public entity or water corporation.
(c) Replenishment of the underground water supplies anywhere
within the county.
(d) Sale to any city or, with the consent of the city legislative
body expressed by ordinance, to the inhabitants thereof.
SEC. 2. Section 408 of the Revenue and Taxation Code is amended to
read:
408. (a) Except as otherwise provided in subdivisions (b), (c),
(d), and (e) any information and records in the assessor's office
that are not required by law to be kept or prepared by the assessor,
and homeowners' exemption claims, are not public documents and shall
not be open to public inspection. Property receiving the homeowners'
exemption shall be clearly identified on the assessment roll. The
assessor shall maintain records that shall be open to public
inspection to identify those claimants who have been granted the
homeowners' exemption.
(b) The assessor may provide any appraisal data in his or her
possession to the assessor of any county.
The assessor shall disclose information, furnish abstracts, or
permit access to all records in his or her office to law enforcement
agencies, the county grand jury, the board of supervisors or their
duly authorized agents, employees, or representatives when conducting
an investigation of the assessor's office pursuant to Section 25303
of the Government Code, the Controller, employees of the Controller
for property tax postponement purposes, probate referees, employees
of the Franchise Tax Board for tax administration purposes only,
staff appraisers of the Department of Savings and Loan, the
Department of Transportation, the Department of General Services, the
State Board of Equalization, the State Department of Social
Services, the Department of Water Resources, and other duly
authorized legislative or administrative bodies of the state pursuant
to their authorization to examine the records. Whenever the
assessor discloses information, furnishes abstracts, or permits
access to records in his or her office to staff appraisers of the
Department of Savings and Loan, the Department of Transportation, the
Department of General Services, or the Department of Water Resources
pursuant to this section, the department shall reimburse the
assessor for any costs incurred as a result thereof.
(c) Upon the request of the tax collector, the assessor shall
disclose and provide to the tax collector information used in the
preparation of that portion of the unsecured roll for which the taxes
thereon are delinquent. The tax collector shall certify to the
assessor that he or she needs the information requested for the
enforcement of the assessor's tax lien in collecting those delinquent
taxes. Information requested by the tax collector may include
social security numbers, and the assessor shall recover from the tax
collector his or her actual and reasonable costs for providing the
information. The tax collector shall add the costs described in the
preceding sentence to the assessee's delinquent tax lien and collect
those costs subject to subdivision (e) of Section 2922.
(d) The assessor shall, upon the request of an assessee or his or
her designated representative, permit the assessee or representative
to inspect or copy any market data in the assessor's possession. For
purposes of this subdivision, "market data" means any information in
the assessor's possession, whether or not required to be prepared or
kept by him or her, relating to the sale of any property comparable
to the property of the assessee, if the assessor bases his or her
assessment of the assessee's property, in whole or in part, on that
comparable sale or sales. The assessor shall provide the names of
the seller and buyer of each property on which the comparison is
based, the location of that property, the date of the sale, and the
consideration paid for the property, whether paid in money or
otherwise. However, for purposes of providing market data, the
assessor shall not display any document relating to the business
affairs or property of another.
(e) (1) With respect to information, documents, and records, other
than market data as defined in subdivision (d), the assessor shall,
upon request of an assessee of property, or his or her designated
representative, permit the assessee or representative to inspect or
copy all information, documents, and records, including auditors'
narrations and workpapers, whether or not required to be kept or
prepared by the assessor, relating to the appraisal and the
assessment of the assessee's property, and any penalties and interest
thereon.
(2) After enrolling an assessment, the assessor shall respond to a
written request for information supporting the assessment,
including, but not limited to, any appraisal and other data requested
by the assessee.
(3) Except as provided in Section 408.1, an assessee, or his or
her designated representative, shall not be permitted to inspect or
copy information and records that also relate to the property or
business affairs of another, unless that disclosure is ordered by a
competent court in a proceeding initiated by a taxpayer seeking to
challenge the legality of the assessment of his or her property.
(f) (1) Permission for the inspection or copying requested
pursuant to subdivision (d) or (e) shall be granted as soon as
reasonably possible to the assessee or his or her designated
representative.
(2) If the assessee, or his or her designated representative,
requests the assessor to make copies of any of the requested records,
the assessee shall reimburse the assessor for the reasonable costs
incurred in reproducing and providing the copies.
(3) If the assessor fails to permit the inspection or copying of
materials or information as requested pursuant to subdivision (d) or
(e) and the assessor introduces any requested materials or
information at any assessment appeals board hearing, the assessee or
his or her representative may request and shall be granted a
continuance for a reasonable period of time. The continuance shall
extend the two-year period specified in subdivision (c) of Section
1604 for a period of time equal to the period of continuance.
SEC. 2.1. Section 408 of the Revenue and Taxation Code is amended
to read:
408. (a) Except as otherwise provided in subdivisions (b), (c),
(d), and (e) any information and records in the assessor's office
that are not required by law to be kept or prepared by the assessor,
and homeowners' exemption claims, are not public documents and shall
not be open to public inspection. Property receiving the homeowners'
exemption shall be clearly identified on the assessment roll. The
assessor shall maintain records which are open to public inspection
to identify those claimants who have been granted the homeowners'
exemption.
(b) The assessor may provide any appraisal data in his or her
possession to the assessor of any county.
The assessor shall disclose information, furnish abstracts, or
permit access to all records in his or her office to law enforcement
agencies, the county grand jury, the board of supervisors or their
duly authorized agents, employees or representatives when conducting
an investigation of the assessor's office pursuant to Section 25303
of the Government Code, the Controller, employees of the Controller
for property tax postponement purposes, employees of the Franchise
Tax Board for tax administration purposes only, staff appraisers of
the Department of Savings and Loan, the Department of Transportation,
the Department of General Services, the State Board of Equalization,
the State Department of Social Services, the Department of Water
Resources, and other duly authorized legislative or administrative
bodies of the state pursuant to their authorization to examine the
records. Whenever the assessor discloses information, furnishes
abstracts, or permits access to records in his or her office to staff
appraisers of the Department of Savings and Loan, the Department of
Transportation, the Department of General Services, or the Department
of Water Resources pursuant to this section, the department shall
reimburse the assessor for any costs incurred as a result thereof.
(c) Upon the request of the tax collector, the assessor shall
disclose and provide to the tax collector information used in the
preparation of that portion of the unsecured roll for which the taxes
thereon are delinquent. The tax collector shall certify to the
assessor that he or she needs the information requested for the
enforcement of the assessor's tax lien in collecting those delinquent
taxes. Information requested by the tax collector may include
social security numbers, and the assessor shall recover from the tax
collector his or her actual and reasonable costs for providing the
information. The tax collector shall add the costs described in the
preceding sentence to the assessee's delinquent tax lien and collect
those costs subject to subdivision (e) of Section 2922.
(d) The assessor shall, upon the request of an assessee or his or
her designated representative, permit the assessee or representative
to inspect or copy any market data in the assessor's possession. For
purposes of this subdivision, "market data" means any information in
the assessor's possession, whether or not required to be prepared or
kept by him or her, relating to the sale of any property comparable
to the property of the assessee, if the assessor bases his or her
assessment of the assessee's property, in whole or in part, on that
comparable sale or sales. The assessor shall provide the names of
the seller and buyer of each property on which the comparison is
based, the location of that property, the date of the sale, and the
consideration paid for the property, whether paid in money or
otherwise. However, for purposes of providing market data, the
assessor shall not display any document relating to the business
affairs or property of another.
(e) (1) With respect to information, documents, and records, other
than market data as defined in subdivision (d), the assessor shall,
upon request of an assessee of property, or his or her designated
representative, permit the assessee or representative to inspect or
copy all information, documents, and records, including auditors'
narrations and workpapers, whether or not required to be kept or
prepared by the assessor, relating to the appraisal and the
assessment of the assessee's property, and any penalties and interest
thereon.
(2) After enrolling an assessment, the assessor shall respond to a
written request for information supporting the assessment,
including, but not limited to, any appraisal and other data requested
by the assessee.
(3) Except as provided in Section 408.1, an assessee, or his or
her designated representative, shall not be permitted to inspect or
copy information and records that also relate to the property or
business affairs of another, unless that disclosure is ordered by a
competent court in a proceeding initiated by a taxpayer seeking to
challenge the legality of the assessment of his or her property.
(f) (1) Permission for the inspection or copying requested
pursuant to subdivision (d) or (e) shall be granted as soon as
reasonably possible to the assessee or his or her designated
representative.
(2) If the assessee, or his or her designated representative,
requests the assessor to make copies of any of the requested records,
the assessee shall reimburse the assessor for the reasonable costs
incurred in reproducing and providing the copies.
(3) If the assessor fails to permit the inspection or copying of
materials or information as requested pursuant to subdivision (d) or
(e) and the assessor introduces any requested materials or
information at any assessment appeals board hearing, the assessee or
his or her representative may request and shall be granted a
continuance for a reasonable period of time. The continuance shall
extend the two-year period specified in subdivision (c) of Section
1604 for a period of time equal to the period of continuance.
SEC. 2.2. Section 408 of the Revenue and Taxation Code is amended
to read:
408. (a) Except as otherwise provided in subdivisions (b), (c),
(d), and (e) any information and records in the assessor's office
that are not required by law to be kept or prepared by the assessor,
and homeowners' exemption claims, are not public documents and shall
not be open to public inspection. Property receiving the homeowners'
exemption shall be clearly identified on the assessment roll. The
assessor shall maintain records that shall be open to public
inspection to identify those claimants who have been granted the
homeowners' exemption.
(b) The assessor may provide any appraisal data in his or her
possession to the assessor of any county.
The assessor shall disclose information, furnish abstracts, or
permit access to all records in his or her office to law enforcement
agencies, the county grand jury, the board of supervisors or their
duly authorized agents, employees or representatives when conducting
an investigation of the assessor's office pursuant to Section 25303
of the Government Code, the Controller, employees of the Controller
for property tax postponement purposes, probate referees, employees
of the Franchise Tax Board for tax administration purposes only,
staff appraisers of the Department of Financial Institutions, the
Department of Transportation, the Department of General Services, the
State Board of Equalization, the State Department of Social
Services, the Department of Water Resources, and other duly
authorized legislative or administrative bodies of the state pursuant
to their authorization to examine the records. Whenever the
assessor discloses information, furnishes abstracts, or permits
access to records in his or her office to staff appraisers of the
Department of Financial Institutions, the Department of
Transportation, the Department of General Services, or the Department
of Water Resources pursuant to this section, the department shall
reimburse the assessor for any costs incurred as a result thereof.
(c) Upon the request of the tax collector, the assessor shall
disclose and provide to the tax collector information used in the
preparation of that portion of the unsecured roll for which the taxes
thereon are delinquent. The tax collector shall certify to the
assessor that he or she needs the information requested for the
enforcement of the assessor's tax lien in collecting those delinquent
taxes. Information requested by the tax collector may include
social security numbers, and the assessor shall recover from the tax
collector his or her actual and reasonable costs for providing the
information. The tax collector shall add the costs described in the
preceding sentence to the assessee's delinquent tax lien and collect
those costs subject to subdivision (e) of Section 2922.
(d) The assessor shall, upon the request of an assessee or his or
her designated representative, permit the assessee or representative
to inspect or copy any market data in the assessor's possession. For
purposes of this subdivision, "market data" means any information in
the assessor's possession, whether or not required to be prepared or
kept by him or her, relating to the sale of any property comparable
to the property of the assessee, if the assessor bases his or her
assessment of the assessee's property, in whole or in part, on that
comparable sale or sales. The assessor shall provide the names of
the seller and buyer of each property on which the comparison is
based, the location of that property, the date of the sale, and the
consideration paid for the property, whether paid in money or
otherwise. However, for purposes of providing market data, the
assessor shall not display any document relating to the business
affairs or property of another.
(e) (1) With respect to information, documents, and records, other
than market data as defined in subdivision (d), the assessor shall,
upon request of an assessee of property, or his or her designated
representative, permit the assessee or representative to inspect or
copy all information, documents, and records, including auditors'
narrations and workpapers, whether or not required to be kept or
prepared by the assessor, relating to the appraisal and the
assessment of the assessee's property, and any penalties and interest
thereon.
(2) After enrolling an assessment, the assessor shall respond to a
written request for information supporting the assessment,
including, but not limited to, any appraisal and other data requested
by the assessee.
(3) Except as provided in Section 408.1, an assessee, or his or
her designated representative, shall not be permitted to inspect or
copy information and records that also relate to the property or
business affairs of another, unless that disclosure is ordered by a
competent court in a proceeding initiated by a taxpayer seeking to
challenge the legality of the assessment of his or her property.
(f) (1) Permission for the inspection or copying requested
pursuant to subdivision (d) or (e) shall be granted as soon as
reasonably possible to the assessee or his or her designated
representative.
(2) If the assessee, or his or her designated representative,
requests the assessor to make copies of any of the requested records,
the assessee shall reimburse the assessor for the reasonable costs
incurred in reproducing and providing the copies.
(3) If the assessor fails to permit the inspection or copying of
materials or information as requested pursuant to subdivision (d) or
(e) and the assessor introduces any requested materials or
information at any assessment appeals board hearing, the assessee or
his or her representative may request and shall be granted a
continuance for a reasonable period of time. The continuance shall
extend the two-year period specified in subdivision (c) of Section
1604 for a period of time equal to the period of continuance.
SEC. 2.3. Section 408 of the Revenue and Taxation Code is amended
to read:
408. (a) Except as otherwise provided in subdivisions (b), (c),
(d), and (e) any information and records in the assessor's office
that are not required by law to be kept or prepared by the assessor,
and homeowners' exemption claims, are not public documents and shall
not be open to public inspection. Property receiving the homeowners'
exemption shall be clearly identified on the assessment roll. The
assessor shall maintain records that shall be open to public
inspection to identify those claimants who have been granted the
homeowners' exemption.
(b) The assessor may provide any appraisal data in his or her
possession to the assessor of any county.
The assessor shall disclose information, furnish abstracts, or
permit access to all records in his or her office to law enforcement
agencies, the county grand jury, the board of supervisors or their
duly authorized agents, employees or representatives when conducting
an investigation of the assessor's office pursuant to Section 25303
of the Government Code, the Controller, employees of the Controller
for property tax postponement purposes, employees of the Franchise
Tax Board for tax administration purposes only, staff appraisers of
the Department of Financial Institutions, the Department of
Transportation, the Department of General Services, the State Board
of Equalization, the State Department of Social Services, the
Department of Water Resources, and other duly authorized legislative
or administrative bodies of the state pursuant to their authorization
to examine the records. Whenever the assessor discloses
information, furnishes abstracts, or permits access to records in his
or her office to staff appraisers of the Department of Financial
Institutions, the Department of Transportation, the Department of
General Services, or the Department of Water Resources pursuant to
this section, the department shall reimburse the assessor for any
costs incurred as a result thereof.
(c) Upon the request of the tax collector, the assessor shall
disclose and provide to the tax collector information used in the
preparation of that portion of the unsecured roll for which the taxes
thereon are delinquent. The tax collector shall certify to the
assessor that he or she needs the information requested for the
enforcement of the assessor's tax lien in collecting those delinquent
taxes. Information requested by the tax collector may include
social security numbers, and the assessor shall recover from the tax
collector his or her actual and reasonable costs for providing the
information. The tax collector shall add the costs described in the
preceding sentence to the assessee's delinquent tax lien and collect
those costs subject to subdivision (e) of Section 2922.
(d) The assessor shall, upon the request of an assessee or his or
her designated representative, permit the assessee or representative
to inspect or copy any market data in the assessor's possession. For
purposes of this subdivision, "market data" means any information in
the assessor's possession, whether or not required to be prepared or
kept by him or her, relating to the sale of any property comparable
to the property of the assessee, if the assessor bases his or her
assessment of the assessee's property, in whole or in part, on that
comparable sale or sales. The assessor shall provide the names of
the seller and buyer of each property on which the comparison is
based, the location of that property, the date of the sale, and the
consideration paid for the property, whether paid in money or
otherwise. However, for purposes of providing market data, the
assessor shall not display any document relating to the business
affairs or property of another.
(e) (1) With respect to information, documents, and records, other
than market data as defined in subdivision (d), the assessor shall,
upon request of an assessee of property, or his or her designated
representative, permit the assessee or representative to inspect or
copy all information, documents, and records, including auditors'
narrations and workpapers, whether or not required to be kept or
prepared by the assessor, relating to the appraisal and the
assessment of the assessee's property, and any penalties and interest
thereon.
(2) After enrolling an assessment, the assessor shall respond to a
written request for information supporting the assessment,
including, but not limited to, any appraisal and other data requested
by the assessee.
(3) Except as provided in Section 408.1, an assessee, or his or
her designated representative, shall not be permitted to inspect or
copy information and records that also relate to the property or
business affairs of another, unless that disclosure is ordered by a
competent court in a proceeding initiated by a taxpayer seeking to
challenge the legality of the assessment of his or her property.
(f) (1) Permission for the inspection or copying requested
pursuant to subdivision (d) or (e) shall be granted as soon as
reasonably possible to the assessee or his or her designated
representative.
(2) If the assessee, or his or her designated representative,
requests the assessor to make copies of any of the requested records,
the assessee shall reimburse the assessor for the reasonable costs
incurred in reproducing and providing the copies.
(3) If the assessor fails to permit the inspection or copying of
materials or information as requested pursuant to subdivision (d) or
(e) and the assessor introduces any requested materials or
information at any assessment appeals board hearing, the assessee or
his or her representative may request and shall be granted a
continuance for a reasonable period of time. The continuance shall
extend the two-year period specified in subdivision (c) of Section
1604 for a period of time equal to the period of continuance.
SEC. 3. Section 1055 of the Water Code is amended to read:
1055. (a) The executive director of the board may issue a
complaint to any person on whom administrative civil liability may be
imposed pursuant to Section 1052 or Section 5107. The complaint
shall allege the act or failure to act that constitutes a trespass or
violation, the provision of law authorizing civil liability to be
imposed, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party so served that the party may request
a hearing within 20 days after the party has been served. The
hearing shall be before a member of the board as it may specify.
(c) After any hearing, the member shall report a proposed decision
and order to the board and shall supply a copy to the party served
with the complaint, the board's executive director, and any other
person requesting a copy. The member of the board acting as hearing
officer may sit as a member of the board in deciding the matter. The
board, after making an independent review of the record and taking
any additional evidence as may be necessary and could not reasonably
have been offered before the hearing officer, may adopt, with or
without revision, the proposed decision and order.
(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.
SEC. 4. Section 1226.1 of the Water Code is amended to read:
1226.1. The owner of any dam or other water impoundment structure
constructed prior to January 1, 1969, the capacity of which is not
in excess of 10 acre-feet on January 1, 1975, and concerning which
water rights litigation between private parties was not a matter of
record prior to January 1, 1974, is declared to have a valid water
right for the use of the water for purposes as specified in Section
1226, if that person files a claim of water right with the board not
later than December 31, 1997. All permits or licenses issued by the
board prior to the effective date of this article shall have priority
over any water right claimed pursuant to this article.
SEC. 5. Section 1226.2 of the Water Code is amended to read:
1226.2. (a) Any person who has a valid water right pursuant to
Section 1226.1, who files a claim of water right with the board on or
before December 31, 1977, has a water right priority as of the date
of the construction of the dam or other water impoundment structure.
(b)
Any person who has a valid water right pursuant to Section 1226.1,
who files a claim of water right with the board after December 31,
1977, and before January 1, 1998, has a water right priority as of
the date of filing.
SEC. 6. Section 1226.3 of the Water Code is amended to read:
1226.3. Each claim of water right shall be accompanied by a fee
which shall be in an amount determined by the board to cover the
reasonable administrative costs of processing the claim. If the
claimant establishes a water right pursuant to this article, the
board shall issue a certificate of the validity of the water right to
the claimant as expeditiously as practicable.
SEC. 7. Section 1226.4 of the Water Code is amended to read:
1226.4. The board may, after notice and hearing, revoke any
certificate of a water right granted pursuant to this article upon a
finding that the water has ceased to be used for the purposes
specified in Section 1226.
SEC. 8. Section 1425 of the Water Code is amended to read:
1425. (a) Any person, whether or not an applicant, permittee, or
licensee under provisions of this division other than this chapter,
who has an urgent need to divert and use water may apply for, and the
board may issue, a conditional, temporary permit without complying
with other procedures or provisions of this division, but subject to
all requirements of this chapter.
(b) Prior to issuing a permit pursuant to this chapter, the board
shall make all of the following findings:
(1) The applicant has an urgent need for the water proposed to be
diverted and used.
(2) The water may be diverted and used without injury to any
lawful user of water.
(3) The water may be diverted and used without unreasonable effect
upon fish, wildlife, or other instream beneficial uses.
(4) The proposed diversion and use are in the public interest,
including findings to support permit conditions imposed to ensure
that the water is diverted and used in the public interest, without
injury to any lawful user of water, and without unreasonable effect
upon fish, wildlife, and other instream beneficial uses.
(c) "Urgent need," for the purposes of this chapter, means the
existence of circumstances from which the board may in its judgment
conclude that the proposed temporary diversion and use is necessary
to further the constitutional policy that the water resources of the
state be put to beneficial use to the fullest extent of which they
are capable and that waste of water be prevented; except that the
board shall not find an applicant's need to be urgent if the board in
its judgment concludes, if applicable, that the applicant has not
exercised due diligence either (1) in making application for a permit
pursuant to provisions of this division other than this chapter, or
(2) in pursuing that application to permit.
(d) The board may delegate to any officer or employee of the board
all or any of its functions under this chapter.
SEC. 9. Section 1435 of the Water Code is amended to read:
1435. (a) Any permittee or licensee who has an urgent need to
change a point of diversion, place of use, or purpose of use from
that specified in the permit or license may petition for, and the
board may issue, a conditional, temporary change order without
complying with other procedures or provisions of this division, but
subject to all requirements of this chapter.
(b) Prior to issuing a change order pursuant to this chapter, the
board shall make all of the following findings:
(1) The permittee or licensee has an urgent need to make the
proposed change.
(2) The proposed change may be made without injury to any other
lawful user of water.
(3) The proposed change may be made without unreasonable effect
upon fish, wildlife, or other instream beneficial uses.
(4) The proposed change is in the public interest, including
findings to support change order conditions imposed to ensure that
the change is in the public interest, and may be made without injury
to any other lawful user of the water, and without unreasonable
effect upon fish, wildlife, and other instream beneficial uses.
(c) "Urgent need," for the purposes of this chapter, means the
existence of circumstances from which the board may in its judgment
conclude that the proposed temporary change is necessary to further
the constitutional policy that the water resources of the state be
put to beneficial use to the fullest extent of which they are capable
and that waste of water be prevented; except that the board shall
not find a petitioner's need to be urgent if the board in its
judgment concludes, if applicable, that the petitioner has not
exercised due diligence either (1) in petitioning for a change
pursuant to provisions of this division other than this chapter, or
(2) in pursuing that petition for change.
(d) The board may delegate to any officer or employee of the board
all or any of its functions under this chapter.
SEC. 10. Section 5104 of the Water Code is amended to read:
5104. (a) Supplemental statements shall be filed at three-year
intervals, prior to July 1 of the year next succeeding the end of
each three-year interval. They shall contain the quantity of water
diverted and the rate of diversion by months in each of the preceding
three calendar years and any change in the other information
contained in the preceding statement.
(b) If there is a change in the name or address of the person
diverting the water, a supplemental statement shall be filed with the
board that includes the change in name or address.
SEC. 11. Section 5107 of the Water Code is amended to read:
5107. (a) The making of any willful misstatement pursuant to this
part is a misdemeanor punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment in the county jail for
not to exceed six months, or both.
(b) Any person who makes a material misstatement pursuant to this
part may be liable civilly as provided in subdivision (c).
(c) Civil liability may be administratively imposed by the board
pursuant to Section 1055 in an amount not to exceed five hundred
dollars ($500) for each violation. In determining the appropriate
amount, the board shall consider all relevant circumstances,
including, but not limited to, all of the following factors:
(1) The extent of harm caused by the violation.
(2) The nature and persistence of the violation.
(3) The length of time over which the violation occurs.
(4) Any corrective action undertaken by the violator.
SEC. 12. Section 13176 of the Water Code is amended to read:
13176. (a) The analysis of any material required by this division
shall be performed by a laboratory accredited by the State
Department of Health Services under Article 3 (commencing with
Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health
and Safety Code.
(b) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which the department
requires registration or accreditation pursuant to this chapter,
unless the laboratory holds a valid certificate of registration or
accreditation.
SEC. 13. Section 31483 of the Water Code is amended to read:
31483. (a) Notwithstanding any other provision of this division,
the Contra Costa Water District may from time to time issue bonds in
accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing
with Section 54300) of Part 1 of Division 2 of Title 5 of the
Government Code) for the purpose of financing the acquisition of land
and land rights and the construction, improvement, or acquisition of
any facilities necessary or convenient for the storage,
transmission, distribution, or treatment of water for beneficial use,
except that the provisions of Sections 54380 to 54388, inclusive, of
the Government Code shall not apply to the issuance and sale of
bonds pursuant to this section.
(b) The board shall not proceed under this section until it has
submitted to the qualified voters of the district at a special
election called by a resolution of the board a proposition as to
whether the district may authorize and sell revenue bonds under this
section. The proposition shall set forth generally the proposed
facilities to be financed and the costs thereof. If a majority of
the voters of the district voting on the proposition at the election
vote in favor of the proposition, the board may proceed to issue and
sell revenue bonds as provided in this section. If the proposition
fails to carry at the election, the proposition shall not again be
voted upon until at least six months have elapsed since the date of
the last election at which the proposition was submitted.
(c) The resolution calling the election shall fix the date on
which the election is to be held, the proposition to be submitted at
the election, the manner of holding the election and of voting for or
against the proposition, and shall state that in all other
particulars the election shall be held and the votes canvassed as
provided by law for the holding of elections within the district.
The election may be held separately or may be consolidated with any
other election authorized by law at which the voters of the district
may vote.
(d) Bonds issued pursuant to this section may be sold at one or
more private or public sales as the board of directors of the Contra
Costa Water District shall determine.
(e) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2000, deletes or extends
that date.
SEC. 14. Section 35422.5 is added to the Water Code, to read:
35422.5. As an alternative, and in addition, to other methods set
forth in this article regarding the apportionment of water, a
district may enter into long-term water service contracts with the
holders of title to land for the apportionment of all or any part of
its water supply. Long-term water service contracts may provide that
all water charges provided for, when due, are a lien on the land in
the nature of assessments and may be collected and enforced in the
manner provided in this division for the collection and enforcement
of assessments. Any lien pursuant to this section has the same
force, effect, and priority as an assessment lien, if the contract is
recorded in the office of the county recorder in the county in which
the land is located.
SEC. 15. Section 141 of the Sacramento Area Flood Control Agency
Act (Chapter 510 of the Statutes of 1990) is repealed.
SEC. 16. (a) Pursuant to subdivision (a) of Section 12879.4 of,
and Sections 13458 and 13999.11 of, the Water Code, the Department of
Water Resources may make loans from the 1988 Water Conservation
Fund, the Water Conservation and Groundwater Recharge Account in the
1986 Water Conservation and Water Quality Bond Fund, and the Water
Conservation Account in the 1984 State Clean Water Bond Fund, in
accordance with the Water Conservation Bond Law of 1988 (Chapter 4.7
(commencing with Section 12879) of Part 6 of Division 6 of the Water
Code), the Water Conservation and Water Quality Bond Law of 1986
(Chapter 6.1 (commencing with Section 13450) of Division 7 of the
Water Code), and the Clean Water Bond Law of 1984 (Chapter 15
(commencing with Section 13999) of Division 7 of the Water Code) to
the following agencies for the following projects:
(1) Water conservation projects.
(A) Padre Dam Municipal Water District reclaimed water retrofit
project in San Diego County.
(B) Grizzly Flats Community Services District reservoir lining and
meter projects in El Dorado County.
(b) The Department of Water Resources shall determine eligibility
for, and the amount of, any loan authorized by subdivision (a) in
accordance with the Water Conservation Bond Law of 1988 (Chapter 4.7
(commencing with Section 12879) of Part 6 of Division 6 of the Water
Code), the Water Conservation and Water Quality Bond Law of 1986
(Chapter 6.1 (commencing with Section 13450) of Division 7 of the
Water Code), and the Clean Water Bond Law of 1984 (Chapter 15
(commencing with Section 13999) of Division 7 of the Water Code), and
may make those loans in accordance with those bond laws.
SEC. 17. (a) Pursuant to Sections 14011 and 14012 of the Water
Code, the Department of Water Resources may make grants from the
California Safe Drinking Water Fund in accordance with the California
Safe Drinking Water Bond Law of 1988 (Chapter 16 (commencing with
Section 14000) of Division 7 of the Water Code) to the following
agencies for the purposes of financing the following proposed
projects to identify alternatives for system improvements:
(1) Johnsville Public Utility District filtration system project
in Plumas County.
(2) Weaverville Community Services District treatment plant
project in Trinity County.
(b) The Department of Water Resources shall determine eligibility
for, and the amount of, any grant authorized in subdivision (a) in
accordance with the California Safe Drinking Water Bond Law of 1988
(Chapter 16 (commencing with Section 14000) of Division 7 of the
Water Code), and may make those grants in accordance with that bond
law.
SEC. 18. (a) Section 2.1 of this bill incorporates amendments to
Section 408 of the Revenue and Taxation Code proposed by both this
bill and AB 2682. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 1997, (2)
each bill amends Section 408 of the Revenue and Taxation Code, (3) AB
3351 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 2682, in which case Sections 2,
2.2, and 2.3 of this bill shall not become operative.
(b) Section 2.2 of this bill incorporates amendments to Section
408 of the Revenue and Taxation Code proposed by both this bill and
AB 3351. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1997, (2) each
bill amends Section 408 of the Revenue and Taxation Code, (3) AB 2682
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after AB 3351, in which case Sections 2, 2.1,
and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates amendments to Section
408 of the Revenue and Taxation Code proposed by this bill, AB 2682,
and AB 3351. It shall only become operative if (1) all three bills
are enacted and become effective on or before January 1, 1997, (2)
all three bills amend Section 408 of the Revenue and Taxation Code,
and (3) this bill is enacted after AB 2682 and AB 3351, in which case
Section 408 of the Revenue and Taxation Code, as amended by Section
2 of this bill shall become operative, and shall remain operative
only until January 1, 1997, at which time Section 2.3 of this bill
shall become operative, and Sections 2.1 and 2.2 shall not become
operative.
SEC. 19. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 20. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order, at the earliest possible time, to remedy critical water
quality and supply problems, provide needed services, and further
streamline state government operations and improve efficiency,
thereby protecting the public health and safety, it is necessary that
this act take effect immediately.