HomeMy WebLinkAboutCity Council Resolution 02-034 Endorsing AB 954RESOLUTION N0.02-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ENDORSING ASSEMBLY BILL 954
WHEREAS, surplus water storage in groundwater basins is essential to California's future water supply
reliability planning efforts; and
.WHEREAS, no past efforts have been made to link pollution prevention with underground storage and
AB 954 creates that link; and
WHEREAS, AB 954 would provide matching funds for local projects which protect groundwater basins
from degradation where such programs are implemented; and
WHEREAS, AB 954 would insure that the investment of funds to create the programs don't go to waste
because stored water is protected; and
WHEREAS, AB 954 insures the long-term protection of existing groundwater and water stored in the
future; and
WHEREAS, ample and safe groundwater is essential to the economic vitality and excellent quality of life
in the San Francisco Bay Area and throughout the state of California; and
WHEREAS, without AB 954 the State's stored groundwater supplies will remain vulnerable to
degradation and clean up at a cost of 10 to 100 times that of pollution prevention.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby endorses
Assembly Bill 954 and urges the legislature of the State of California to adopt the measure in order to place
before voters the issue of protecting underground water supplies; and
BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to cause a copy of
this resolution to be provided to Assembly Member Kelley and such other members of the Legislature, as the
City Manager deems prudent to promote passage of the bill.
PASSED AND ADOPTED by the Saratoga City Council, State of California, this 1st day of May, 2002, by the
following vote:
AYES: Councilmember Stan Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
1. y~
Nick Streit, Mayor
Exhibit A: Assembly Bi11954
~X~g1T/~
AMENDED IN SENATE FEBRUARY 27, 2002
AMENDED IN ASSEMBLY JANUARY 30, 2002
AMENDED IN ASSEMBLY JANUARY 10, 2002
AMENDED IN ASSEMBLY JANUARY 7, 2002
CALIFORNIA LEGISLATURE~2001-02 REGULAR SESSION
ASSEMBLY BILL No. 954
Introduced by Assembly Member Kelley
February 23, 2001
An act to add Division 28 (commencing with Section 80400) to the
.Water Code, relating to financing a water
protection and storage program, by providing the funds necessary
therefor through the issuance and sale of bonds of the State of California
and by providing for the handling and disposition of those funds.
LEGISLATIVE COUNSEL'S DIGEST
AB 954, as amended, Kelley. California Water Supply Reliability
and Protection Bond Act of 2002.
Under existing law, various bond acts have been approved by the
voters to provide funds for water projects, facilities, and programs.
This bill would esEablisl} enact the California Water Supply
Reliability and Protection Bond £ Act of 2002, which, if adopted,
would authorize, for purposes of financing a water protection and
storage program, the issa~ance, pursuant to the State General
Obligation Bond Law, of bonds in an unspecified amount.
The bill would require the Secretary of State to submit the bond act
to the voters at an unspecified election.
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Vote: majer-ity Z/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Division 28 (commencing with Section 80400)
2 is added to the Water Code, to read:
3
4 DIVISION 28. CALIFORNIA WATER SUPPLY
5 RELIABILITY AND PROTECTION BOND ACT OF 2002
6
7 CHAPTER I. GENERAL PROVISIONS
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9 Article 1. Short Title
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11 80400. This division shall be known and maybe cited as the
12 Kelley Act.
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14 Article 2. Declarations and Findings
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16 80402. The Legislature finds and declares all of the
17 following:
18 (a) Providing clean, reliable water to existing and future
19 residential areas is essential to the orderly development of the
20 state.
21 (b) The quality of groundwater supplies statewide has direct
22 impact on the state's overall water supply reliability and
23 management efforts.
24 (c) Where groundwater resources are degraded or
25 compromised, potential storage capacity for surplus water is
26 depleted and dependence upon alternate water resources,
27 including limited surface water resources, is increased.
28 (d) Protecting groundwater basins from pollution whenever
29 possible is a cost effective preference when compared to the
30 cleanup of groundwater basins.
31 (e) It is in the state's interest to assist in protecting groundwater
32 basins against potential degradation when those basins can be used
33 for wet-year water surplus storage.
34 (f) The Deparhnent of Water Resources is in the process of
35 identifying areas within the state where groundwater basins may
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be utilized for conjunctive use projects to ensure local and regional
water supply reliability.
(g) Upon the identification of these areas, a memorandum of
understanding is developed with overlying water supply entities
and property owners with significant interest in the groundwater
supply.
(h) Feasibility studies are then conducted to determine the
viability of a groundwater basin for conjunctive use projects. If a
basin is determined to be suitable for these types of projects, state
funding may be available for prescribed purposes.
(i) No funding, however, has been made available for the
protection of these identified groundwater storage areas from
potential or identified pollution sources.
(j) The state has a significant interest in protecting its stored
water resources from potential quality degradation.
(k) Approximately 40 percent of drinking water consumed in
the state is derived from groundwater supplies.
(Z) It is essential for communities that are dependent on
groundwater to have access to an adequate supply of potable
groundwater.
(m) It is critical that sufficient, secure storage space be
available for wet-year surplus retention in order to supply water,
in a reliable manner, to all communities in the state.
(n) Secure storage for surplus water is a critical component of
a water supply reliability program.
(o) With adequate storage throughout the state, dry-year
demand on ecologically sensitive water resources can be
significantly reduced.
(p) Funds are required to pay for projects that protect existing
groundwater supplies and provide increased secure storage
capacity in groundwater basins.
(q) The funding and implementation of these types of projects
afford numerous statewide benefits, including all of the following:
(1) Helping to address the ongoing contamination of potable
groundwater supplies, thereby lessening anticipated future
demands on water resources, as well as the financial resources, of
the state.
(2) Securing groundwater storage capacity for the placement of
surplus water derived during wet years for use in dry years.
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(3) The replenishment of depleted basins to minimize land
subsidence and related loss of storage capacity.
(r) Where a local economy has been developed due to the
unique quality of a specified groundwater resource, and where that
groundwater is used for a purpose that depends on the quality of
that water resource, and where the resource is essential to the
viability of that purpose and to sustaining the local economy,
protective measures are necessary.
Article 3. The California Water Supply Reliability and
Protection Bond Fund
80404. The proceeds of bonds issued and sold pursuant to this
division shall be deposited in the California Water Supply
Reliability and Protection Bond Fund, which is hereby established
in the State Treasury. For purposes of this division `fund" means
the fund established pursuant to this section.
CHAPTER Z. WATER SUPPLY RELIABILITY AND PROTECTION
PROGRAM
80405. Unless the context otherwise regaiires, as used in this
chapter, "account" means the California Water Supply Reliability
and Protection Account.
80406. The California Water Supply Reliability and
Protection Account is hereby established in the fund. The sum of
dollars ($ ) is hereby transferred from the fund to the
account.
80407. The money in the account, upon appropriation by the
Legislature to ~ may be expended for both of the following
purposes:
(a) To provide matching funds, in an amount not to exceed 60
percent of the total project cost, to - for construction projects
that will abate identified pollution sources that have the potential
to negatively impact a groundwater basin for which any of the
following apply.•
(1) A conjunctive use water management plan is proposed to
achieve regional or statewide water supply reliability objectives.
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1 (2) The abatement will be performed in conjunction with a plan
2 that will provide storage capacity to aid the state in achieving the
3 goals set forth in the Colorado River "4.4 Plan."
4 (3) A groundwater protection project has been identified by a
5 California regional water quality control board as a priority
6 project of regional significance.
7 (b) To provide funds to a California regional water quality
8 control board for studies to determine whether groundwater
9 protection projects that have not been identified by a regional
10 board as priority projects of regional signifzeanee should be so
11 identified in the appropriate water quality control plan because of
12 a basin's potential for conjunctive use in a manner that meets the
13 requirements of paragraph (1) or (2) of subdivision (a).
14 80408. For the purposes of receiving funding pursuant to the
15 this chapter, all of the following requirements shall be met:
16 (a) The development of a plan for the groundwater basin that
17 utilizes applicable best management practices for water
18 conservation described in the memorandum prepared by the
19 California Urban Water Conservation Council, amended March
20 14, 2001.
21 (b) The applicant has signed the `Memorandum of
22 Understanding Regarding Urban Water Conservation in
23 California," prepared by the California Urban Water
24 Conservation Council, dated September 1991.
25 (c) The adoption of rules that require new developments to
26 connect to a public sewerage system if more than one equivalent
27 dwelling unit per one-half acre is planned overlying basins
28 targeted for capital project funding.
29 (d) An evaluation has been conducted to determine whether
30 reclaimed water may be used in public green areas, landscaped
31 medians, and similar public access areas of the development, when
32 that water can be made available for that purpose.
33 (e) The groundwater protection project has been identified as
34 a priority project with regional significance by the appropriate
35 California regional water quality control board.
36 (~ Entities with jurisdiction over the groundwater basin have
37 entered into a memorandum of understanding in accordance with
38 the Integrated Storage Investigation Conjunctive Water
39 Management Program administered by the Department of Water
40 Resources to evaluate the potential for conjunctive use projects or
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into a similar agreement with one or more other entities with
jurisdiction over the State Water Project, the Central Valley
Project, or Colorado River water.
(g) Appropriate conveyance and recharge facilities exist for the
placement of water into the groundwater basin.
(h) A basin management plan has been adopted or is being
prepared with an identified completion date of not more than one
year from the date on which the project is approved for funding.
(i) The agency receiving funding has complied with Part 2.6
(commencing with Section 10610) of Division 6, if applicable.
80409. For the purposes of providing funds under this
chapter, frstpriority shall be given to a project that meets both of
the following requirements:
(a) The project benefits a groundwater basin for which there is
an existing or proposed conjunctive use or water storage program.
(b) The project contributes to an action recommended by the
CALFED Bay-Delta Program or facilitates compliance by the
state with the Colorado River "4.4 Plan."
CHAPTER 3. COMMUNITY GROUNDWATER PROGRAM
80500. Unless the context otherwise requires, as used in this
chapter, "account"means the Community Groundwater Account.
80501. The Community Groundwater Account is hereby
established in the fund. The sum of_ dollars ($~ is hereby
transferred from the fund to the accoamt.
80502. The purpose of the Community Groundwater Program
is to provide matching funds in an amount not to exceed 60 percent
of total project costs for projects that will ensure that a community
that depends on commercial uses of a specific groundwater
resource, the degradation of which could significantly impede or
permanently harm activities that contribute to the local economy,
has adequate protection of that groundwater resource.
80503. The money in the account, upon appropriation by the
Legislature to ~ may be expended to provide matching funds
to _ for infrastructure projects that protect groundwater that
is used for one or more commercial purposes that signifcantly
contribute to a local economy in communities in which the
degradation of the quality of that groundwater would greatly
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impede the ability of that commercial activity to function, as
determined by the significant loss of revenue to a city or county.
80504. Only groundwater protection projects that are
identified as priority projects with regional significance by the
appropriate California regional water quality control board are
eligible for funding pursuant to this chapter.
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CHAPTER 4. WATER DISTRIBUTION SYSTEM PROTECTION PROGRAM
80550. Unless the context otherwise requires, as used in this
chapter, "account" means the Water Distribution System
Protection Account.
80551. The Water Distribution System Protection Account is
hereby established in the fund. The sum of -dollars ($ )
is hereby transferred from the fund to the account.
80552. Entities with jurisdiction over public water systems
have limited resources to protect those water systems. However, the
costs associated with protecting public water systems can be
significant. It is critical to public safety that vulnerable water
systems are identifzed and preventative measures implemented to
avert tampering with potable water supplies. Lt is well known that
small and medium sized water agencies do not have the ability to
readily absorb costs for the types ofprograms that may be deemed
necessary to protect their water systems.
80553. The money in the account, upon appropriation by the
Legislataire to , may be expended to provide grants to -for
the construction of improvements and for the purchase and
installation of equipment that will assist in the protection of water
system facilities used to produce, store, and distribute potable
water to the public. For the purposes of receiving funding under
this chapter, eligible projects include, but are not limited to, the
procurement or construction of security fencing, alarm systems,
electronic surveillance equipment or similar equipment to secure
wells, surface or tank reservoir sites, or related facilities, and the
procurement of mobile security services.
80554. Grants shall be made available pursuant to this
chapter on a matching basis, according to the size of the
population served by the entity, as follows:
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1 Population Served ~Ytatch Required by
2 Recipient of Funds
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4 Not more than 10,000 persons ........... 40%
5 Less than 2S, 000 persons, but more than
6 10, 000 persons ........................ 60%
7 At least 25,000 persons ................ 80%
8
9 CHAPTER S. FISCAL PROVISIONS
1~
11 80700. Bonds in the total amount of_ dollars ($ )not
12 including the amount of any refunding bonds issued in accordance
13 with Section 80710, or so much thereof as is necessary, may be
14 issued and sold to provide a fund to be used for carrying out the
15 purposes expressed in this division and to be used to reimburse the
16 General Obligation Bond Expense Revolving Fund pursuant to
17 Section 16724.5 of the Government Code. The bonds, when sold,
18 shall be and constihtte a valid and binding obligation of the State
19 of California, and the full faith and credit of the State of California
20 is hereby pledged for the punctual payment of the principal of, and
21 interest on, the bonds as the principal and interest become due and
22 payable.
23 80702. (a) The bonds authorized by this division shall be
24 prepared, executed, issued, sold, paid, and redeemed as provided
25 in the. State General Obligation Bond Law (Chapter 4
26 (commencing with Section 16720) of Part 3 of Division 4 of Title
27 2 of the Government Code), except Section 16727, and al[ of the
28 provisions of that law apply to the bonds and to this division and
29 are hereby incorporated in this division as though set forth in full
30 in this division.
31 (b) For purposes of the State General Obligation Bond Law,
32 each state agency that administers an appropriation of the
33 California Water Supply Reliability and Protection Bond Fund is
34 designated the "board. "
35 80703. Solely for the purpose of authorizing the issuance and
36 sale, pursuant to the State General Obligation Bond Law, of the
37 bonds authorized by this division, the California Water Supply
38 Reliability and Protection Finance Committee is hereby
39 established. For purposes of this division, the California Water
40 Supply Reliability and Protection Finance Committee is the
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1 "committee" as that term is used in the State General Obligation
2 Bond Law The committee consists of the Treasurer, the Controller,
3 and the Director of Finance, or their designated representatives.
4 A majority of the committee may act for the committee.
5 80704. The committee shall determine whether or not it is
6 necessary or desirable to issue bonds authorized pursuant to this
7 division in order to carry out the actions specifed in this division
8 and, if so, the amount of bonds to be issued and sold. Successive
9 issues of bonds may be authorized and sold to carry out those
10 actions progressively, and it is not necessary that all of the bonds
11 authorized to be issued be sold at any one time.
12 80705. There shall be collected each year and in the same
13 manner and at the same time as other state revenue is collected, in
14 addition to the ordinary revenues of the state, a sum in an amount
15 required to pay the principal of, and interest on, the bonds each
16 year. It is the duty of all officers charged by Zaw with any duty in
17 regard to the collection of the revenue to do and perform each and
18 every act that is necessary to collect that additional sum.
19 80706. Notwithstanding Section 13340 of the Government
20 Code, there is hereby appropriated from the General Fund in the
21 State Treasury, for the purposes of this division, an amount that
22 will equal the total of the following.•
23 (a) The sum annually necessary to pay the principal of, and
24 interest on, bonds issued and sold pursuant to this division, as the
25 principal and interest become due and payable.
26 (b) The sum necessary to carry out Section 80707,
27 appropriated without regard to fiscal years.
28 80707. For the purposes of carrying out this division, the
29 Director of Finance may authorize the withdrawal from the
30 General Fund of an amount not to exceed the amount of the unsold
31 bonds that have been authorized by the committee to be sold for the
32 purpose of carrying out this division. Any amount withdrawn shall
33 be deposited in the fund. Any money made available under this
34 section shall be returned to the General Fund, plus an amount
35 equal to the interest that the money would have earned in the
36 Pooled Money Investment Account, from proceeds received from
37 the sale of bonds for the purpose of carrying out this division.
38 80708. All money deposited in the fund that is derived from
39 premium and accrued interest on bonds sold shall be reserved in
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1 the fund and shall be available for transfer to the General Fund as
2 a credit to expenditures for bond interest.
3 80709. The agency that administers an appropriation of the
4 California Water Supply Reliability and Protection Bond Fund
5 may request the Pooled Money Investment Board to make a loan
6 from the Pooled Money Investment Account, in accordance with
7 Section 16312 of the Government Code, for the purpose of
8 carrying out this division. The amount of the request shall not
9 exceed the amount of the unsold bonds that the committee, by
10 resolution, has authorized to be sold for the purpose of carrying
11 oast this division. The requesting agency shall execute any
12 documents required by the Pooled Money Investment Board to
13 obtain and repay the Zoan. Any amounts loaned shall be deposited
14 in the fund to be allocated by the requesting agency in accordance
15 with this division.
16 80710. The bonds may be refunded in accordance with Article
17 6 (commencing with Section 16780) of Chapter 4 of Part 3 of
18 Division 4 ofTitle 2 of the Government Code, which is a part of the
19 State General Obligation Bond Law Approval by the voters of the
20 state for the issuance of the bonds described in this division
21 includes the approval of the issuance of any other bonds issued to
22 refund any bonds originally issued under this division or any
23 previously issued refunding bonds.
24 80711. Notwithstanding any provision of this division or the
25 State General Obligation Bond Law, if the Treasurer sells bonds
26 pursuant to this division that include a bond counsel opinion to the
27 effect that the interest on the bonds is excluded from gross income
28 for federal tax purposes, subject to designated conditions, the
29 Treasurer may maintain separate accounts for the investment of
30 bond proceeds and for the investment earnings on those proceeds.
31 The Treasurer may use or direct the use of those proceeds or
32 earnings to pay any rebate, penalty, or other payment required
33 under federal Zaw or to take any other action with respect to the
34 investment and use of those bond proceeds required or desirable
35 under federal law to maintain the tax-exempt status of those bonds
36 and to obtain any other advantage under federal Zaw on behalf of
37 the funds of that state.
38 80712. The Legislature hereby finds and declares that,
39 inasmuch as the proceeds from the sale of bonds authorized by this
40 division are not `proceeds of taxes" as that term is used in Article
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XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
SEC. 2. This act shall become effective upon the approval by
the voters of the California Water Supply Reliability and
Protection Bond Act of 2002, as set forth in Section 1 of the act
adding this section.
SEC. 3. Section 1 of this act shall be submitted to the voters
at the election in accordance with provisions of the
Government Code and the Elections Code governing the
submission ofstatewide measures to the voters.
SEC. 4. (a) Notwithstanding any other provision of law, all
ballots at the election shall have printed thereon and in a square
thereof, the words: "California Water Supply Reliability and
Protection Bond Act of 2002 " and in the same square under those
words, the following in 8 point type: "This act provides for a bond
issue of dollars ($ ) to provide funds for a water
protection and storage program. "Opposite the square, there shall
be left spaces in which the voters may place a cross in the manner
required bylaw to indicate whether they vote for or against the act.
(b) Notwithstanding Sections 13247 and 13281 of the Elections
Code, the language in subdivision (a) shall be the only language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement,
subtract from, or revise that language, except that the Attorney
General may include the fnancial impact summary prepared
pursuant to Section 9087 of the Elections Code and Section 88003
of the Government Code. The ballot label is the condensed
statement of the ballot title and the financial impact summary.
(c) Where voting in the election is done by means of voting
machines used pursuant to law in a manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choice by means thereof are in
compliance with this section.
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