Bill Text: CA SB26 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Orange County Water District: land use.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 829, Statutes of 2014. [SB26 Detail]

Download: California-2013-SB26-Amended.html

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BILL NUMBER: SB 26	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2014
	AMENDED IN ASSEMBLY  MAY 19, 2014

INTRODUCED BY   Senator Correa

                        DECEMBER 3, 2012

   An act to amend Section  2   7  of the
Orange County Water District Act (Chapter 924 of the Statutes of
1933), relating to water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 26, as amended, Correa. Orange County Water  District
Act: district powers.   District: land use   .

   Existing law, the Orange County Water District Act, prescribes the
powers of the Orange County Water District. Existing law grants the
district the power to perform actions useful or necessary to
replenish the underground water basin within the district, or to
augment and protect the quality of the common water supplies of the
district. 
   This bill would prohibit the district from entering into a real
property lease agreement with a nongovernmental entity for purposes
not useful or necessary to replenish the underground water basin
within the district, or to augment and protect the quality of the
common water supplies of the district, unless the agreement is
approved by the city council in which the real property is located,
if the real property is located within a city.  
   Existing law generally requires a local agency to comply with all
applicable building ordinances and zoning ordinances of the county or
city in which the territory of the local agency is situated.
Existing law prohibits the application of the building ordinances and
zoning ordinances of a county or city to the location or
construction of specified water facilities.  
   This bill would require the district to comply with the
above-described provisions relating to building and zoning
ordinances. This bill would require the district to provide notice of
intent to develop real property owned by the district that is
located within the boundaries of a city to the planning agency of
that city at least 30 days in advance of any action to approve the
development by the district's board. This bill would require the
district to conduct at least one public meeting in a city where a
water facility exempt from the application of building ordinances and
zoning ordinances would be located or constructed. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Orange. 
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   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.    It is the intent of the Legislature
that the Orange County Water District adopt a policy to address the
process for development of property owned by the district that is
located within the boundaries of a city, with the following goals:
 
   (a) To clarify, by amending the Orange County Water District Act
(Chapter 924 of the Statutes of 1933), that Article 5 (commencing
with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5
of the Government Code, related to the regulation of local agencies
by counties and cities, applies to any property owned by the
district.  
   (b) To foster greater collaboration between the district and a
city on the development of real property owned by the district
located within the boundaries of that city.  
   (c) To provide increased transparency to the community in land use
decisions with respect to the development of real property owned by
the district located within the boundaries of a city. 
   SEC. 2.    Section 7 of the   Orange County
Water District Act   (Chapter 924 of the Statutes of 1933)
is amended to read: 
  Sec. 7.   (a)    The legal title to all property
acquired under  the provisions of  this act shall
immediately and by operation of law vest in  said 
 the  district, and shall be held by  said 
 the  district, in trust for, and is hereby dedicated and
set apart to, the uses and purposes set forth in this act. The board
of directors is hereby authorized and empowered to hold, use,
acquire, manage, occupy and possess  said   the
 property, as  herein provided; and said  
provided in this act. The  board of directors may determine, by
resolution duly entered in their minutes that any property, real or
personal, held by  said   the  district is
no longer necessary to be retained for the uses and purposes 
thereof   of the district  , and may thereafter
sell or otherwise dispose of  said   the 
property. 
   (b) The district shall comply with Article 5 (commencing with
Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code for any property owned by the district.  
   (c) The district shall provide notice of intent to develop real
property owned by the district that is located within the boundaries
of a city to the planning agency of that city at least 30 days in
advance of any action to approve the development by the district's
board.  
   (d) For the location or construction of a facility specified in
subdivision (e) of Section 53091 of the Government Code that is
proposed to be located within the boundaries of a city, the district
shall conduct at least one public meeting in that city. 
   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique parcels of land in the
County of Orange and the need to ensure that the development of real
property by the Orange County Water District not subject to local
planning and zoning ordinances is open to public scrutiny. 
   SEC. 4.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 2 of the Orange County Water
District Act (Chapter 924 of the Statutes of 1933), as amended by
Chapter 802 of the Statutes of 1989, is amended to read:
  Sec. 2.  The "Orange County Water District" shall have the
following powers:
   (1) To have perpetual succession.
   (2) To sue and be sued, except as otherwise provided herein or by
law, in all actions and proceedings in all courts and tribunals.
   (3) To adopt a seal and alter it at pleasure.
   (4) To take by grant, purchase, gift, devise, or lease, to hold,
use and enjoy, and to lease, convey, or dispose of, real and personal
property of every kind, within or without the district, necessary or
convenient to the full exercise of its powers.
   (5) Within or outside of the district to construct, purchase,
lease, or otherwise acquire, and to operate and maintain necessary
waterworks and other works, machinery, facilities, canals, conduits,
waters, water rights, spreading grounds, lands, rights and privileges
useful or necessary to replenish the underground water basin within
the district, or to augment and protect the quality of the common
water supplies of the district, and purposes incidental thereto. The
district shall not enter into a real property lease agreement with a
nongovernmental entity for purposes not useful or necessary to
replenish the underground water basin within the district, or to
augment and protect the quality of the common water supplies of the
district, unless the agreement is approved by the city council in
which the real property is located, if the real property is located
within a city.
   (6) For the common benefit of the district and for the purpose of
managing the groundwater basin and managing, replenishing,
regulating, and protecting the groundwater supplies within the
district, to exercise the following powers:
   (a) Provide for the conjunctive use of groundwater and surface
water resources within the district area.
   (b) Store water in underground water basins or reservoirs within
or outside of the district.
   (c) Regulate and control the storage of water and the use of
groundwater basin storage space in the groundwater basin within the
district and pursuant to the provisions set forth in Section 2.1 to
(1) determine the amount of storage space available in the
groundwater basin within the district, (2) allocate that available
groundwater storage space, and (3) enter into groundwater storage
agreements, provided that the district shall have no authority under
the provisions of this section, except the provisions of paragraph
(l) of this subdivision, to limit the extraction of groundwater
within the district, except to the extent that a party may agree
thereto under the groundwater storage or other agreement.
   (d) Appropriate and acquire water and water rights within or
outside of the district.
   (e) Purchase and import water into the district.
   (f) Conserve and reclaim water within or outside of the district.
   (g) Buy and sell water at rates as shall be determined by the
board of directors.
   (h) Exchange water.
   (i) Distribute water to persons in exchange for ceasing or
reducing groundwater extractions.
   (j) Transport, reclaim, purify, treat, inject, extract, or
otherwise manage and control water for the beneficial use of persons
or property within the district and to improve and protect the
quality of the groundwater supplies within the district.
   (k) Fix the terms and conditions of any contract under which
owners or operators of water-producing facilities within the district
may agree to use water from an alternative nontributary source in
lieu of groundwater, and to that end, the district may become a party
to that contract and may pay from district funds that portion of the
cost of water from an alternate source as will encourage the
purchase and use of the same in lieu of producing groundwater, as
long as persons or property within the district are directly or
indirectly benefited by the resulting replenishment.
   (l) Fix the terms and conditions of any contract under which the
owner or operator of a water-producing facility within the district
may agree to increase the production of groundwater in lieu of water
from an alternative nontributary source for the purpose of removing
contaminants or pollutants from the groundwater basin. The district
may become a party to that contract and may pay from district funds
that portion of the cost of the groundwater production as will
encourage the production for beneficial use of polluted or
contaminated groundwater, as long as that pollution or contamination
is impairing the quality of the water supplies within the district
and the quality of the water supplies within the district will be
improved by that production.
   (m) Determine in the manner herein provided the amount and
percentage of water produced from the groundwater supplies within the
district to the total amount of water produced within the district
by all persons and operators, including the total amount of water
from supplemental sources; require that persons and operators produce
more or less of their total water needs from the groundwater within
the district than the basin production percentage determined by the
district as provided herein; levy a basin equity assessment, which
may be uniform or nonuniform in amount as determined by the board of
directors of the district, on each person and operator who produces
more water from the groundwater within the district; and to
compensate other persons and operators who are directed by the
district to produce less than the basin production percentage from
groundwater within the district.
   (7) To provide for the protection and enhancement of the
environment within and outside the district in connection with the
water activities of the district.
   (8) To provide, by agreement with other public agencies or private
persons or entities or otherwise, for the recreational use of the
lands, facilities, and works of the district which shall not
interfere, or be inconsistent, with the primary use and purpose of
the lands, facilities, and works by the district.
   (9) To carry out the purposes of this act, to commence, maintain,
intervene in, defend, and compromise, in the name of the district, or
otherwise, and to assume the costs and expenses of any and all
actions and proceedings now or hereafter begun to prevent
interference with water or water rights used or useful to lands
within the district, or diminution of the quantity or pollution or
contamination of the water supply of the district, or to prevent
unlawful exportation of water from the district, or to prevent any
interference with the water or water rights used or useful in the
district which may endanger or damage the inhabitants, lands, or use
of water in the district; provided, however, that the district shall
not have power to intervene or take part in, or to pay costs or
expenses of, actions or controversies between the owners of lands or
water rights all of which are entirely within the boundaries of the
district and which do not involve pollution or contamination of water
within the district or exporting water outside of the district's
boundaries or any threat thereof.
   (10) To exercise the right of eminent domain to take any property
necessary to the exercise of any of the powers granted by this act,
except that the district shall not have the right of eminent domain
as to water, water rights, reservoirs, pipelines, water distributing
systems, waterworks, or powerplants, all or any of which are already
devoted to beneficial or public use and located within the watershed
of the Santa Ana River, and excepting further from the exercise of
the right of eminent domain by the district any property maintained
and actually used for the scientific propagation and study of
plantlife. No language or provision of this act, or of this
subdivision, shall be interpreted or construed so as to limit or
abridge the right of the district, or its board of directors, to
exercise its right of eminent domain to condemn property at any place
within the Santa Ana River watershed for rights-of-ways upon and
across and under which to construct pipelines, conduits, tunnels,
aqueducts, or any combination thereof, necessary or convenient for
any of the purposes of the district provided the property sought to
be condemned for the purposes is not already being used by other
corporations, municipalities, districts, or individuals for similar
purposes; providing, however, that neither the district nor its board
of directors shall have power to enter in or upon the Mojave River
or any of its tributaries or appropriate, take, or condemn any of the
water or the right to the use of any of the water of the Mojave
River or any of its tributaries; nor shall anything in this act be
deemed as authorizing or empowering the district or its board of
directors to so do.
   (11) The district shall, in addition to the other powers granted
by this act, have the following rights and powers: to act jointly
with or cooperate with the United States or any agency of the United
States, the State of California or any agency of the state, any
county of the State of California, districts of any kind, public and
private corporations, and any person or persons, to carry out the
provisions and purposes of this act. In those joint or cooperative
activities, the district may act within or outside of its boundaries.

   (12) To cause assessments or charges, or both, to be levied as
provided in this act to accomplish the purposes of this act.
   (13) To make contracts, to employ labor, and to do all acts
necessary for the full exercise of the foregoing powers.
   (14) To carry on technical and other investigations of all kinds,
necessary to carry out this act, and for this purpose the district
shall have the right of access through its authorized representative
to all properties within the district.  
  SEC. 2.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique parcels of land in the
County of Orange and the need to ensure that the land is properly
leased.