State Budget News
SB 407 Passes Assembly Local Gov't Committee- ERAF Exemption Could be Repealed for Enterprise Water Special Districts
June 11, 2003

 

California’s multi-county enterprise water special districts were dealt a blow June 11 when the Assembly Local Government Committee voted 5-2 in favor of Sen. Tom Torlakson’s (D-Antioch) SB 407. The proposed legislation would repeal the Educational Revenue Augmentation Fund (ERAF) exemption that these enterprise districts have had since the early 1990s when ERAF was created. SB 407 takes this special district ERAF formula money and sends it not to the K-12 schools and community colleges but to other local government entities (i.e. cities and counties for their own discretionary use).

The bill was then heard in the Assembly Appropriations Committee on July 2 and was placed into the "suspense file" because its costs rise above the $150,000 threshold for the suspense calendar. All bills on the suspense calendar will be dispensed with the week of August 25, 2003.

ACWA, the League of California Cities, the California State Association of Counties, the California Special Districts Association and others testified June 11 in opposition to SB 407, which would cause enterprise water districts to lose a significant portion of their property tax revenue by imposing a transfer of either: 40% of the total amount of ad valorem property tax allocated to a district or an amount equal to 10% of a district’s total revenue from whatever source.

Stating that this legislation would critically hurt these water districts, their customers and legislators’ constituents, opponents argued that water districts that cannot necessarily just raise rates in order to deal with the loss of revenue.

“We don’t feel like it’s fair, we don’t feel like it’s equitable,” ACWA Legislative Advocate Wendy Ridderbusch said in response to Sen. Torlakson’s claim that this proposal is intended to create equity among local government entities that are required to pay into ERAF.

“We’re willing to take our cuts, it’s unrealistic to come here and think we’re not going to be affected, but property taxes are the bread and butter of special districts,” Ridderbusch argued, reminding the committee that Gov. Davis’ 2003-04 budget proposal recommends increasing fees for waste discharge permits and core regulatory programs and cutting $14.7 million in general fund money from the State Water Resources Control Board (SWRCB).

Voting for SB 407 and against ACWA’s position were: Assembly Members Sally Lieber (D-Mountain View), Mark Leno (D-San Francisco), Gene Mullin (D-S. San Francisco), Patricia Wiggins (D-Santa Rosa) and Darrell Steinberg (D-Sacramento). Voting against the bill and for ACWA’s position were: Assembly Members Lynn Daucher (R-Brea) and Greg Aghazarian (R-Stockton). Committee Chairman Simon Salinas (D-Salinas) did not cast a vote. His district includes Aromas Water District, which would be impacted by SB 407. Assembly Member Jay La Suer (R-La Mesa) was absent.

For any district-specific budget questions, please contact State Legislative Advocate Wendy Ridderbusch at 916.441.4545.

 
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