Bill Text: CA SB710 | 2011-2012 | Regular Session | Amended
Bill Title: Project: county services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB710 Detail]
Download: California-2011-SB710-Amended.html
BILL NUMBER: SB 710 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator La Malfa
FEBRUARY 18, 2011
An act to add Part 7.5 (commencing with Section 12965) to
Division 6 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 710, as amended, La Malfa. State Water Project.
Project : county services.
Under existing law, the Department of Water Resources operates
the State Water Project and exercises other functions relating to the
state's water resources. Existing law authorizes the
department to enter into contracts and agreements in connection with
the State Water Project. Under existing law, the State
Water Project is comprised of, among other facilities, specified
dams and reservoirs.
Existing law, the Byrne Act, authorizes the Governor to designate,
and authorizes specified local government agencies to request
designation as, impact areas for purposes of receiving state
financial assistance for certain local governmental services and
facilities associated with the construction of state water resources
projects.
This bill would authorize a county, in accordance with prescribed
procedures, to prepare and adopt a county services impact report
containing, among other things, a description of the costs of county
services, as defined, related to the operation of specified dams and
reservoirs as State Water Project facilities within the county. The
bill would require the department to compensate the county for those
costs by compensating the county directly, by providing the county
with specified services and facilities, or by contracting with the
county or a service provider to provide the services or facilities
within the county.
This bill would state the intent of the Legislature to enact
legislation that would address costs to local governments caused by
State Water Project operators.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 7.5 (commencing with Section
12965) is added to Division 6 of the Water Code
, to read:
PART 7.5. Compensation for Costs of County Services
12965. As used in this part, the following terms shall have the
following meanings:
(a) "Baseline services cost" means the cost of county services
that were, or would have been, provided within the boundaries of a
dam and reservoir, or were or would have been caused by the presence
of the dam and reservoir, in the absence of the operation of the dam
and reservoir as a State Water Project facility.
(b) "County services" means law enforcement and related criminal
justice and incarceration services, fire protection, public health
and social services, environmental health, road maintenance and
replacement, and any other services provided by the county that are
related to the operation of a dam and reservoir that is a State Water
Project facility.
(c) "County services impact report" means a report prepared by a
county pursuant to Section 12966.
(d) "Dam and reservoir" means, and is limited to, a dam, a
reservoir, or a dam and reservoir identified for operation, and
actually used for operation, as a State Water Project facility.
(e) "Dam and reservoir boundary" means the boundary of the dam,
reservoir, or dam and reservoir that encloses all works,
improvements, and other features located within the county that are
necessary for the operation of the dam and reservoir as a State Water
Project facility.
(f) "State Water Project facility" means a facility described in
subdivision (d) of Section 12934.
12965.5. It is the intent of the Legislature that a county may
use the procedures pursuant to this part to obtain compensation for
local governmental services associated with costs of State Water
Project facilities, in lieu of, or in addition to, the provisions of
Part 7 (commencing with Section 12950).
12966. (a) The board of supervisors of a county may provide for
the preparation of a county services impact report for purposes of
this part upon a determination by the board of supervisors that a dam
and reservoir within the county has not been subject to a county
services impact report prepared within the previous 10 calendar
years.
(b) A county seeking compensation pursuant to this part shall
prepare at least one county services impact report every 10 years.
(c) A county may prepare a county services impact report, may
contract for the preparation of a county services impact report, or
may prepare a county services impact report in cooperation with other
public agencies.
12966.5. A county services impact report shall include all of the
following:
(a) A description of the population of the county, socioeconomic
conditions of the county, and types, scope, and costs of county
services that existed prior to the construction of the dam and
reservoir.
(b) A description of the current and projected population of the
county, current and projected socioeconomic conditions of the county,
and current and projected types, scope, and costs of county services
related to the dam and reservoir, for which the county seeks
compensation pursuant to this part.
(c) A calculation of the baseline services cost, and a description
of how the baseline services cost was calculated.
(d) (1) A calculation of the sum of the increased costs of county
services, over the baseline services cost, for which the county seeks
compensation pursuant to this part, including a description of the
types and scope of the county services for which the compensation is
sought.
(2) The sum calculated pursuant to paragraph (1) shall deduct an
offset in an amount equal to the amount of any real property taxes,
or any payments in lieu of real property taxes, by the department on
lands, works, or features within a dam and reservoir boundary that
are in excess of the baseline services cost incurred by the county in
relation to the dam and reservoir.
(3) The sum calculated pursuant to paragraph (1) shall deduct an
offset in an amount equal to the amount of any compensation that the
department has provided to the county as mitigation for a project
within a dam and reservoir boundary pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) to the extent that the
compensation is for an increased cost identified in paragraph (1).
12966.7. (a) In preparing a county services impact report, the
county shall consult with, and request comments from, the department.
The county shall include responses to any comments from the
department in the final report.
(b) Before preparing a county services report, and during the
preparation of the report, the county shall encourage active
involvement of any public agency or any person with special expertise
regarding the contents of the county services impact report.
(c) Before it adopts a county services impact report, the board of
supervisors of the county shall make a draft report available for
public inspection and shall hold a public hearing on the report.
Prior to the public hearing, notice of the time and place of the
hearing shall be provided to the department and shall be published
within the county pursuant to Section 6066 of the Government Code.
(d) After a public hearing pursuant to subdivision (c), the board
of supervisors of the county may adopt a final county services impact
report, including any modifications to the draft report that are
recommended after the public hearing.
(e) The county shall submit a copy of the final county services
impact report to the department.
12966.9. (a) Any action or proceeding to attack, review, set
aside, void, or annul the acts or decisions of a county on grounds of
noncompliance with this part shall be commenced within 90 days after
the county submits the county services report to the department
pursuant to subdivision (e) of Section 12966.7.
(b) In any action or proceeding to attack, review, set aside,
void, or annul a county services impact report, or any action taken
pursuant to the report by the county, on grounds of noncompliance
with this part, the inquiry shall extend only to whether there was a
prejudicial abuse of discretion. Abuse of discretion is established
if the county has not proceeded in a manner required by law or if the
action by the county is not supported by substantial evidence.
12967. (a) The department shall reimburse the county for the
county's reasonable costs of preparing a county services report
pursuant to this part.
(b) After receipt of a final county services impact report
pursuant to subdivision (e) of Section 12966.7, the department shall
fully compensate the county for the increase in the cost of providing
county services over the baseline services cost due to the presence
or operation of a dam and reservoir as a State Water Project facility
within the county, as calculated pursuant to subdivision (d) of
Section 12966.5.
(c) The department may compensate the county for the increased
county services costs using any one, or a combination of, the
following methods:
(1) By providing direct financial assistance to the county
pursuant to any existing authority of the department.
(2) By providing the county with equivalent services or facilities
of the department, in lieu of the county's services.
(3) By contracting with the county, or with a service provider
that has all necessary certifications, licenses, and permits, to
provide equivalent services in lieu of the county's services.
(d) Any lump sum payment made to a county by the department for
purposes of this part shall be prorated over the period covered by
the lump sum payment, based upon the increased cost of county
services described in the final county services impact report.
(e) Any compensation provided pursuant to this part shall be in
reasonable proportion to the increased cost of county services
calculated pursuant to subdivision (d) of Section 12966.5.
(f) The department shall provide compensation required pursuant to
this part using existing resources or funds that are available for
the operation of the dam and reservoir, and which the department has
the authority to expend for purposes of this part.
12969. The provisions of this part are severable. If any
provision of this part or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SECTION 1. It is the intent of the Legislature
to enact legislation that would address costs to local governments
caused by State Water Project operators.
