Legislative Outcome of 2000 Session
As of October 4, 2000
Including Legislation sponsored by ACWA

AB 303 (Thomson)
Relating to Local Groundwater Management
This bill enacts the Local Groundwater Management Assistance Act of 2000 and would create the Local Groundwater Assistance Fund to award grants to local public agencies to conduct groundwater studies or to carry out groundwater monitoring and management activities.
ACWA Advocate: Kimberley
ACWA Position: Support
Status: Chapter 708 Statutes of 2000

AB 995 (Wright)
Relating to Energy/Utilities
This bill extends the renewable electricity investment program to January 1, 2007, if the Energy Commission makes specified findings ACWA requested an amendment deleting the provision that makes public entities ineligible to receive customer credits for purchasing green power.
ACWA Advocate: Kimberley
ACWA Position: Oppose/Amend
Status: Chapter 1051 Statutes of 2000

AB 1147 (Honda)
Relating to Local Flood Control Projects
This bill implements a 50-50 cost sharing formula for future flood control projects starting in 2002. The new formula applies to all non-federal costs. The previous formula was based on a 65-35 ratio. The bill also includes authorization language for several flood control projects. These projects are to be "grandfathered" in using the old formula.
ACWA Advocate: Brett 
ACWA Position: Oppose
Status: Chapter 1071, Statutes of 2000

AB 1396 (Villaraigosa)
Relating to Local Government Finance: Development
The bill makes a one-time appropriation of $212 million to local governments for fiscal relief based on a specific allocation formula. Generally, $212 million is allocated to cities, counties, and special districts based on an ERAF formula, while $10 million goes to counties based on population and $2 million to independent recreation and park and library special districts throughout the State.
ACWA Advocate: Bob
ACWA Position: Watch 
Status: Chapter 903, Statutes of 2000

AB 1856 (Kuehl)
Relating to Harassment: Liability of Employes
Under the existing Fair Employment and Housing Act law (FEHA), employers are civilly liable for harassment of an employee, an applicant for employment, or a person providing services under a contract, as defined, on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. This bill provides that employees of any entity covered by these provisions are personally liable for prohibited harassment perpetrated by the employee. 
ACWA Advocate: Kimberley
ACWA Position: Oppose
Status: Chapter 1047, Statutes of 2000

AB 1889 (Cedillo)
Relating to State Funds: Use to Discourage Unionization
This bill prohibits a state contractor, grant recipient, public or private employer who receives state funds or who conducts business on state property pursuant to a contract or concession agreement with the state or a state agency, from assisting, promoting, or deterring union organizing, and from using state funds to reimburse those activities. The bill imposes civil penalties for a violation of the above provisions.
ACWA Advocate: Kimberley
ACWA Position: Oppose
Status: Chapter 872, Statutes of 2000

AB 1948 (Dickerson)
Relating to Watershed Funding
This bill requires the Resources Agency to compile a report chronicling major funding sources for watershed projects in California since 1995 by November 1, 2002. The bill also directs the Resources Agency to compile and publish a list of funding available for watershed management projects.
ACWA Advocate: Kimberley 
ACWA Position: Support
Status: Chapter 736, Statutes of 2000

AB 1982 (Gallegos)
Relating to Local agency assessments
This bill would have amended the Proposition 218 Implementation Omnibus Act to add assessments to the categories of actions by an agency deemed not to increase a levy. It would allow local agencies to increase an assessment, as long as the increase is based upon an assessment formula, or is within a range of assessments, noticed and adopted before the passage of Proposition 218 in November 1996.
ACWA Position: Support
ACWA Advocate: Bob
Status: Died in committee

AB 2078 (Granlund)
Relating to Local Agency Advocation
This bill prohibits a local agency from making an expenditure of local agency funds to advocate support or opposition of a certified ballot measure or a qualified candidate appearing on the local agency ballot. It basically codifies the case law that has governed this type of activity for 25 years. Last minute amendments, thanks in part to our members' letter writing activity, resulted in the problem language being deleted.
ACWA Position: Watch 
ACWA Advocate: Kimberley
Status: Chapter 840, Statutes of 2000

AB 2117 (Wayne) 
Relating to Watershed Protection Projects
This bill requires the Secretary of the Resources Agency and the State Water Resources Control Board to select 3 watershed protection projects in order to evaluate the existing collaborative and cooperative mechanism between the Resources Agency, the
Environmental Protection Agency, federal agencies, local agencies, landowners, and environmental groups to determine whether the process can be streamlined for the preparation and implementation of comprehensive watershed management plans that protect and improve water quality.
ACWA Position: Watch (ACWA had been opposed, but the bill was deleted in its entirety and the above bill inserted)
ACWA Advocate: Kimberley
Status: Chapter 735, Statutes of 2000

AB 2356 (Keeley)
Relating to Streambed Alterations
This bill would have made changes in the streambed alteration permit process under Fish and Game Code sections 1601 and related sections. The bill would amend the arbitration process, and require the CEQA process to be completed prior to the arbitration process. As currently proposed, this bill would create confusion and overlap in the 1601 process related to streambed alterations. The requirement for a permit after-the-fact related to emergency work is overly burdensome and sets bad precedent. 
ACWA Position: Oppose/Amend
ACWA Advocate: Kimberley
Status: Died in committee

AB 2642 (Calderon)
Relating to PERS
This bill would have allowed contracting agencies of the Public Employees' Retirement System to provide service retirement benefits for local miscellaneous members based on a 2% at age 50 formula. This would be an optional benefit available to agencies that are more than 100 percent funded in their retirement accounts.
ACWA Advocates: Bob & Brett
ACWA Position: Support/ACWA Co-sponsored
Status: Vetoed

AB 2838 (Hertzberg)
Relating to Local Agency Formation Commissions
This bill makes significant reforms to Local Agency Formation Commissions (LAFCO), bodies with power over the creation and boundaries of local governments. The bill would implement eight major reforms from the Commission on Local Governance in the 21st Century's report, "Growth Within Bounds." The report recommends measures to expand LAFCO membership, strengthen independence, prevent urban sprawl and ensure the orderly extension of government services. The bill will result in increased costs to member agencies for participation in LAFCOs, balanced by improved access to LAFCO membership, greater LAFCO independence, and greater authority for cities and special districts regarding city detachment and district annexation proposals. 
ACWA Advocate: Bob 
ACWA Position: Support/Amend
Status: Chapter 761, Statutes of 2000

SB 854 (Costa)
Relating to Flood Control
The bill further requires flood control projects, prior to state authorization, to (1) receive federal authorization; (2) provide the greatest flood benefits in relation to cost as specified; (3) ensure local agencies are compliance with federal law and are consistent with the National Flood Insurance Program's model flood plain management ordinance; (4) minimize impacts to the environment and recreational uses when possible; (5) include evaluations of multi-objective purposes and cost-sharing proposals; and (6) be subject to review, advice and oversight by the Department of Water Resources during the initial planning stages. Finally, the bill reduces the state portion of the nonfederal match to 65% for future projects and small flood management projects previously authorized. The bill provides for 65% state funding of fish, wildlife and recreation mitigation and engineering costs. The amendments allow local agencies to receive credit against its 35% for previously acquired lands as specified.
ACWA Advocate: Brett
ACWA Position: Support/Amend
Status: This bill died in committee and much of the content was placed in AB 1147 (Honda) which implements the 50-50 cost sharing formula for future flood control projects. AB 1147 was signed into law - Chapter 1071, Statutes of 2000

SB 1087 (Sher)
Relating to Salmon and Steelhead Restoration Programs 
The bill makes technical changes to the Salmon and Steelhead Restoration program. Important to ACWA is the addition of a public water agency representative on the advisory committee.
ACWA Advocates: Kimberley and Brett 
ACWA Position: Support
Status: Chapter 715, Statutes of 2000

SB 1132 (Costa)
Relating to Capital Facilities Fees
This bill would have revised the definition of the term 'capital facilities fee' to mean a nondiscriminatory charge, including, but not limited to, a connection fee, as defined, or capacity charge, as defined, or both and would provide additional definitions, as prescribed. The bill would revise that fee provision to modify existing provisions and impose additional restrictions. The bill would establish a process for specified public agencies to receive notice of proposed capital facilities fee changes, as prescribed. The bill would establish a formula to calculate service charges imposed on specified public agencies, as prescribed. The bill would 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.
ACWA Advocate: Bob 
ACWA Position: Support/ACWA-sponsored
Status: Died in committee

SB 1571 (Costa)
Relating to Water Resources
This bill is the Senate Committee on Agriculture and Water Resources' omnibus bill. The bill contains a number of non-controversial measures. The ACWA-sponsored portion dealt with voting mechanisms for the Corcoran and James irrigation districts.
ACWA Advocate: Brett
ACWA Position: Support
Status: Chapter 1078, Statutes of 2000

SB 1637 (Burton)
Relating to Property tax revenue shifts: limitations
This bill would modify the reduction and transfer provisions under the Educational Revenue Augmentation Fund (ERAF) by restricting the total amount of revenue allocated to a county's ERAF to that corresponding amount that was so allocated in the 1999-2000 fiscal year. This bill would require those revenues not allocated to the county's ERAF as a result of this limitation to instead be allocated among local agencies in the county in accordance with each local agency's proportionate share of those revenues that would be deposited in the county's ERAF in the absence of this bill. The bill would provide that the limitation would not have a net fiscal impact on school districts or community college districts. All member agencies that lost property tax revenues to ERAF as a result of placing a cap on the growth of property tax revenue allocations due to growth in assessed valuation.
ACWA Advocate: Bob 
ACWA Position: Support
Status: Vetoed

SB 1918 (Johnston)
Relating to Water development projects: small flood control projects: state share
This bill would: Reduce the state's share of the nonfederal capital costs and capital costs of fish and wildlife mitigation to 50%; would reduce the state's share of certain nonfederal planning, engineering and design costs to 30%. These percentages would apply to projects authorized by the Legislature or the department on or after January 1, 2001. The reduced percentages for nonfederal costs will have significant impacts on districts' future flood control project planning and implementation. The increase in local cost represents a significant departure from current flood control policy and planning.
ACWA Position: Oppose
ACWA Advocate: Brett
Status: Died in committee - see AB 1147 (Honda) similar provisions, Chapter 1071, Statutes of 2000

SB 2064 (Costa)
Relating to Conflicts of Interest
This bill attempted to expand the definition of "remote interest" in the law banning conflicts of interest, creating a new exception for the governing boards of small water-related agencies. 
ACWA Position: Support (ACWA Sponsored)
ACWA Advocate: Kimberley
Status: Vetoed

SB 2095 (Johnston)
Relating to Subdivisions: recycled Water
This bill requires any local public or private entity that produces recycled water and determines that within 10 years it will provide recycled water service to a local agency, to notify the local agency of that fact. The bill also requires the local agency to adopt and enforce a recycled water ordinance after such notification. This bill creates a model recycled water ordinance to be adopted by local governments after they have reached understandings with recycled water producers for service. 
ACWA Advocate: Bob
ACWA Position: Support
Status: Chapter 510, Statutes of 2000

For additional assistance and/or information on these or legislative issues, please contact the ACWA State Legislative Department at 916-441-4545.