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

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-Enrolled.html

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BILL NUMBER: SB 26	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2014
	PASSED THE ASSEMBLY  AUGUST 14, 2014
	AMENDED IN ASSEMBLY  JUNE 17, 2014
	AMENDED IN ASSEMBLY  MAY 19, 2014

INTRODUCED BY   Senator Correa

                        DECEMBER 3, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 26, Correa. Orange County Water 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.
   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. By imposing new
requirements on the district, this bill would impose a state-mandated
local program.
   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.


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 this
act shall immediately and by operation of law vest in the district,
and shall be held by 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 the property, as
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 the district is no longer necessary to be retained
for the uses and purposes of the district, and may thereafter sell or
otherwise dispose of 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.