Legislative Priorities for 2001

 
ACWA's State Legislative Committee met in Sacramento on October 19-20, 2000 to prepare for the first year of the 2001-2002 Regular Session of the California Legislature. On Thursday, October 19, 2000, the committee met to discuss issues the ACWA Board of Directors has identified as state legislative priorities for 2001. The ACWA Board of Directors had identified the following issues as legislative priorities for 2001: water transfers/wheeling, groundwater management, user fees and CALFED governance.

ACWA staff have been participating in water wheeling and water transfer work groups under the leadership of Senator Jim Costa and the State Water Resources Control Board, respectively. To date, there have not been any proposals regarding groundwater management or user fees. The Davis Administration has been engaged in discussions with various stakeholders regarding the re-introduction of the CALFED governance bill. The deadline for the introduction of legislation is February 23, 2001. Even at that point, there will likely be only "spot" bills until further work is done in these subject matter areas. The State Legislative Committee decided not to sponsor legislation on any of these topics, but to engage on issues when legislation is introduced.

ACWA Legislation for 2001

The Annual Legislative Planning Meeting took place on Friday, October 20, 2000. The committee considered the legislative proposals brought by ACWA Member agencies for proposed introduction next year in the California Legislature. The committee evaluated proposals, provided feedback to the proposing agency, and determined whether to support or sponsor legislation based on ACWA's established policy objectives.

The following is a list of legislation that ACWA will seek authors for introduction in 2001:

1. Capital Facilities Fees
Committee members agreed to the re-introduction of Senate Bill 1132 (Costa), which will revise the definition of the term "capital facilities fee" to mean a nondiscriminatory charge, including, but not limited to, a connection fee or capacity charge, or both. It will specifically authorize water agencies to impose rates and charges on public agencies without requiring a burdensome process. It will require any judicial action or proceeding to seek a refund of capital facilities fees, or challenging the validity of a capital facilities fee, paid by a public agency to be commenced within 120 days.
(Proposed by East Bay Municipal Utility District)

2. Local Agency Formation Commission Reform
Committee members agreed that ACWA should sponsor legislation in 2001 addressing the authority of the local agency formation commissions. The association will pursue legislation to ensure the commission does not have the authority to modify a special district initiated proposal without the consent of the special district. (Proposed by ACWA)

3. Local Agency Assessments
Committee members agreed that ACWA should sponsor legislation in 2001 addressing the needs of Three Valleys Municipal Water District and its retail water agencies. The association will pursue legislation to rectify the unfair revenue limitation affecting this district and its retail agencies that was caused by an oversight in Proposition 218 implementation.
(Proposed by Three Valleys Municipal Water District)

4. Natural Heritage Preservation Tax Credit
Committee members agreed that ACWA should sponsor legislation in 2001 addressing an inadvertent deletion made in the Natural Heritage Preservation Tax Credit of 2000. The association will pursue legislation to add special districts to the definition of local government.
(Proposed by ACWA)

5. Health and Welfare Benefits
Committee members agreed that ACWA should sponsor legislation in 2001 to allow local agencies to provide health and welfare benefits to former elected officials. (Proposed by Amador County Water Agency)

6. Flood Protection Cost-sharing
Committee members agreed that ACWA should sponsor legislation in 2001 to address the changes from last Session relating to the state and local contributions to the non-federal portion of flood protection costs. The association will pursue legislation to include the benefit to be received from the proposed project when determining the local agency's share, when the project work extends to an area larger than the boundaries of the agency responsible for the local contribution.
(Proposed by Reclamation District 2068)

7. Public Education on Water Recycling
Committee members agreed that ACWA should seek funding for public education regarding water recycling. The association will engage the administration and the Legislature to address the importance of recycled water as an alternative water source.
(Proposed by ACWA Water Management Committee)

8. Benefits for Dependents of Deceased Employees
Committee members agreed that ACWA should sponsor legislation in 2001 related to health plans. The association will pursue legislation to clarify that dependents and domestic partners of deceased and/or retired employees may be enrolled in a group health plan provided and paid for by a local agency employer.
(Proposed by Wayne Lemieux)

9. Groundwater: Identification and destruction of abandoned wells
Committee members agreed that ACWA should sponsor legislation in 2001 to assist in the identification and destruction of abandoned wells. The association will pursue legislation to create a formal program or funding for the identification and proper destruction of improperly abandoned wells.
(Proposed by Rio Alto Water District)

10. Rights of Way
Committee members agreed that ACWA should sponsor legislation in 2001 addressing the unfair imposition of relocation expense. The association will pursue legislation to create a mechanism for special districts to have in response to such imposition from the cities and counties.
(Proposed by La Puente Valley CW, Newhall County WD, Palmdale WD, Pico WD, Walnut Valley WD, La Habra Heights County WD)

The committee also agreed that ACWA should support legislative proposals relating to: (1) the State Water Contractors and retail operation power (Proposed by Castaic Lake Water Agency); (2) the State Water Contractors and redevelopment agencies (Proposed by Castaic Lake Water Agency); (3) the Directorship of the Santa Clarita Water Company (Proposed by Castaic Lake Water Agency); (4) groundwater augmentation charges (Proposed by Pajaro Valley Water Management Agency); (5) authorized investments (Proposed by Palm Desert Water Agency); and (6) commercial paper (Proposed by Palm Desert Water Agency).

ACWA's annual Summary of Legislation has been completed and will be sent to ACWA members.

Committee schedule for 2001

The Legislature reconvened on January 3. The last day to submit bill requests to the Office of Legislative Counsel is January 26, 2001, and the final day for bills to be introduced is February 23. The following meeting dates have been set for the State Legislative Committee in 2001:

February 2 May 18
February 23 June 15
March 16 July 6
April 6 August 3
April 27 August 31*

*This meeting is tentatively scheduled.

For assistance and/or information on the activities of the State Legislative Committee, please contact the ACWA State Legislative Department at 916.441.4545.

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