Bill Text: CA AB2470 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Municipal water districts: water service: Indian tribes.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 301, Statutes of 2016. [AB2470 Detail]

Download: California-2015-AB2470-Chaptered.html

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BILL NUMBER: AB 2470	CHAPTERED
	BILL TEXT

	CHAPTER  301
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 12, 2016
	PASSED THE SENATE  AUGUST 16, 2016
	PASSED THE ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 26, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016
	AMENDED IN ASSEMBLY  APRIL 4, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Gonzalez
   (Principal coauthor: Senator Anderson)
   (Coauthors: Assembly Members Atkins, Jones, Maienschein, Waldron,
and Weber)
   (Coauthors: Senators Block and Hueso)

                        FEBRUARY 19, 2016

   An act to add Section 71611.5 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2470, Gonzalez. Municipal water districts: water service:
Indian tribes.
   Existing law, the Municipal Water District Law of 1911, provides
for the formation of municipal water districts and grants to those
districts specified powers. Existing law permits a district to
acquire, control, distribute, store, spread, sink, treat, purify,
recycle, recapture, and salvage any water for the beneficial use of
the district, its inhabitants, or the owners of rights to water in
the district. Existing law authorizes a district to sell water under
its control, without preference, to cities, other public corporations
and agencies, and persons, within the district for use within the
district. Existing law authorizes a district to sell or otherwise
dispose of water above that required by consumers within the district
to any persons, public corporations or agencies, or other consumers.

   This bill, upon the request of an Indian tribe and the
satisfaction of certain conditions, would require a district to
provide service of water at substantially the same terms applicable
to the customers of the district to an Indian tribe's lands that are
not within a district, as prescribed, if the Indian tribe's lands
meet certain requirements and the Indian tribe satisfies prescribed
conditions. The bill would deem the service areas of a district and
of any public agencies providing water to the district for all
purposes to include an Indian tribe's land for a prescribed period of
time if the district provides service of water to the Indian tribe's
lands under these provisions. By imposing new duties on a municipal
water district, this bill would create a state-mandated local
program.
   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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 71611.5 is added to the Water Code, to read:
   71611.5.  Notwithstanding any other law:
   (a) Upon the request of an Indian tribe and the satisfaction of
the conditions stated in subdivision (b), a district shall provide
service of water at substantially the same terms applicable to the
customers of the district to an Indian tribe's lands that are not
within a district as if the lands had been fully annexed into the
district and into any other public agencies required for the
provision of water service if the Indian tribe's lands meet all of
the following requirements:
   (1) The lands were owned by the tribe on January 1, 2016.
   (2) The lands are contiguous with at least two districts.
   (3) The lands lie within the special study area of at least one
district.
   (4) At least 70 percent of the Indian tribe's total Indian lands
are currently within the boundaries of one or more districts.
   (b) Before a district provides service of water pursuant to this
section, the Indian tribe shall satisfy all of the following
conditions:
   (1) The Indian tribe complies with all federal and tribal laws.
   (2) The Indian tribe acquires all federal and tribal approvals
necessary for the applicable district to provide water service to the
tribal lands on substantially the same terms applicable to customers
of the district.
   (3) The Indian tribe shall by agreement accept all terms of, and
payments to (including service payments), the district and any public
agency providing water to said district, as if the Indian tribe's
lands were fully annexed into the district and into the service area
of any other public agency, which terms and payments are also a
condition of continued service by a district and by any public agency
providing water to said district.
   (c) If a district provides service of water to an Indian tribe's
lands pursuant to this section, the service areas of the district and
of any public agencies providing water to the district are deemed
for all purposes to include the Indian tribe's lands for the longest
of the following periods of time:
   (1) The time service of water is provided by the district to the
Indian tribe.
   (2) The time moneys are owed by the Indian tribe to the district
for the service of water.
   (3) The term of any agreement between the district and the Indian
tribe.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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.