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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2470	AMENDED
	BILL TEXT

	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, and Waldron)
   (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, as amended, 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, would 
authorize   require  a district to provide 
permanent or temporary  service of water  to Indian
lands, as prescribed. This bill would exempt the provision of water
pursuant to these provisions from the California Environmental
Quality Act.   at the same terms available to the
current 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. 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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.   (a)   
Notwithstanding any other law, upon the request of an Indian tribe, a
district  may   shall  provide 
permanent or temporary  service of water at the same terms
available to the current customers of the district to an Indian tribe'
s lands that are not within a  municipal water district but
are contiguous with at least two municipal water districts and lie
within the special study area of at least one municipal water
district, if at least 75 percent of the Indian tribe's total Indian
lands are currently within the boundaries of one or more municipal
water districts.  district as if the lands had been
fully annexed within the district and any other special districts
required for the provision of water service if the Indian tribe's
lands meet all of the following requirements:  
   (a) The lands were owned by the tribe on January 1, 2016. 

   (b) The lands are contiguous with at least two districts.

   (c) The lands lie within the special study area of at least one
district.  
   (d) At least 75 percent of the Indian tribe's total Indian lands
are currently within the boundaries of one or more districts. 

   (b) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to the provision of water service
pursuant to this section. 
   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.