HomeMy WebLinkAbout2000-08-22 - AGENDA REPORTS - SB 1973 (2)SB 1973 Senate Bill - AMENDED Page I of 7
BILL NUMBER: SB 1973 AMENDED
BILL TEXT
AMENDED
IN ASSEMBLY
JUNE
26, 2000
AMENDED
IN
SENATE
MAY 31,
2000
AMENDED
IN
SENATE
MAY 9,
2000
AMENDED
IN
SENATE
MAY 1,
2000
AMENDED
IN
SENATE
APRIL 13,
2000
INTRODUCED BY Senator Perata
FEBRUARY 25, 2000
An act to add Chapter 8.3 (commencing with Section 1450) to Part I
of Division 1 of the Public Utilities Code, and to add Section
1811.5 to the Water Code, relating 6e Vdig.
and to amend Section 26.1 and 26.2 of the Castaic Lake
Water Agency Law (Chapter 28 of the Statutes of 1962, First
Extraordinary Session), relating to water .
LEGISLATIVE COUNSEL'S DIGEST
SB 1973, as amended, Perata.
Water charges .
(1) Existing law prohibits the state or a regional or local public
agency from denying a bona fide transferor of water, as defined,
from using a water conveyance facility that has unused capacity for
the period of time for which that capacity is available, if fair
compensation is paid for that use and other requirements are met.
Existing law defines "fair compensation" to mean the reasonable
charges incurred by the owner of the conveyance system, as specified.
This bill would authorize any bona fide transferor to file a
petition with the Public Utilities Commission for an adjudication of
whether the determination of the amount of fair compensation, as
defined, made by a state, regional, or local public agency for the
proposed use of unused capacity in a water conveyance facility is
consistent with a specified definition and guidelines. The bill
would require that any determination by the commission regarding
certain facilities involving the Sacramento -San Joaquin Delta and the
San Francisco Bay include a certification, as prescribed. The bill
would provide that a water conveyance facilities owner and a bona
fide transferor are subjecE to the jurisdiction of the commission, as
specified, would make violations of these provisions a crime, and
would require these entities to provide information to the
commission, as prescribed, thereby imposing a state -mandated local
program. The bill would require the commission to remand the case to
the state, regional, or local public agency for a redetermination,
unless the commission determines that the public interest would be
impaired by a delay. In that case, the commission would be
authorized to determine the amount of fair compensation, as
prescribed. APPROVE@
(2) 9h@ G&Ii4691kie: Colts 64! aft L-eel"L-e& k5he state--t-e
http://www.leginfo.ca.gov/pub/bill/sen/sb_l ... /sb-1973jill-20000626—amended—asm,htm 08/22/2000
SB 1973 Senate Bill - AMFMED Page 2 of 7
This bill ' Ott!& pi-eviele tkat witii i!egaLel be eet �ftin mandates ne,
rein;m*voemenk is veeittireEl bi bh�s aeb fog a speeigie!
— The Castaic Lake Water Agency Law Prescribes the
powers and duties of the Castaic Lake Water Agency. The agency law
authorizes that agency to impose a Prescribed facility capacity fee
and requires the agency to calculate the fee pursuant to a method and
basis where the fee is as nearly as reasonably practicable an amount
proportionate to the benefit to the land. The agency law provides
for the collection of delinquent and unpaid facility capacity fees.
This bill would require the fee to be based on the amount of water
actually supplied by the agency to the water user paying the fee.
The bill would allow the agency to impose the fee only upon the
completion of the retail water connection. The bill, for the
purposes of calculating the fee, would Prohibit the agency from
considering the costs Of supplying water to the water user from
sources other than the retail water distributor. The bill would
provide for a specified credit if the water user upon whom a facility
capacity fee is imposed has been required by the retail water
distributor, for the purposes of receiving a new retail connection,
to fund or construct any water storage or Pumping facility, as
prescribed. The bill would revise certain Provisions of agency law
relating to the collection of delinquent and unpaid facility capacity
fees to apply those Provisions to those facility capacity fees that
are either uncontested or the subject of a final judgment as to their
validity.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for specified reasons.
With regard to any other mandates. this bill would Provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory Provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8.3 (commencing with Section 1450) is added to
Part I of Division I of the Public Utilities Code, to read:
CHAPTER 8.3. DETERMINATION OF FAIR COMPENSATION FOR JOINT USE
OF CAPACITY IN WATER CONVEYANCE FACILITIES
1450. The Legislature finds and declares all of the following:
(a) In 1986, the Legislature enacted Article 4 (commencing with
Section 1810) of Chapter 10.5 of Part 2 of Division 2 of the Water
Code, commonly referred to as the wheeling statutes, declaring at
that time that it was the policy of the state to facilitate the
voluntary sale, lease, and exchange of water and to allow open access
to water conveyance facilities where there is unused capacity, if
fair compensation is paid.
(b) The purpose of a voluntary water market is to create greater
efficiencies and meet increasing demands for additional water
supplies while creating relatively equal opportunities for all market
participants.
http://www.leginfo.ca.gov/pub/bill/sen/sb—1 ... /sb-1973jill-20000626—amended—asm.htm 08/22/2000