CC - Item 3C - San Gabriel Basin Water Quality Authority- OpposeTO: HONORABLE MAYOR
AND MEMBERS
VYRANK ROSEMEAD CITY COUNCIL
FROM: G. TRIPEPI, CITY MANAGER
DATE: MAY 23, 2000
RE: RESOLUTION NO. 2000 -24 - AB 2544 (CALDERON) — SAN GABRIEL BASIN
WATER QUALITY AUTHORITY - OPPOSE
Attached for the City Council's review are copies of AB 2544 (Calderon), current bill status, and
complete bill history. The bill revises the scope of activities performed by the San Gabriel Basin
Water Quality Authority (WQA), creates an advisory commission to determine the use of clean-up
funds, and sunsets the WQA by July 2002.
Specifically, the bill:
• Mandates WQA reduce assessments imposed on water purveyors if they finance their own
groundwater treatment projects ._
• Requires WQA to reduce assessments based on money received from a federal, state, or
government agency or as a result of proposed or pending legal action
• Establishes LARWQCB as WQA's successor to dispose of its property and assets
The bill's author claims this legislation provides water users with rate relief while sunseting WQA
in July 2002 and using LARWQCB as its successor to wind -down operations. Opponents,
representing cities and the Association of California Water Agencies, contend there will be a lack of
accountability and local decision - making input. Further, the opposition maintains that WQA or a
body composed of locally elected directors must remain in place until treatment projects are
operational. Prior to your meeting date, the COG's governing board plans to take a position
opposing the bill.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2000 -24 opposing AB 2544
(Calderon) and authorize the Mayor to send letters of opposition.
MAY 2 3 20 ,0Q
ITEf4 ^4,Z). C
i
RESOLUTION NO. 2000 - 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
OPPOSING AB 2544 REVISING THE SCOPE OF ACTIVITIES OF THE
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, AB 2544, was introduced by Assemblyman Calderon to regulate the construction
and use of waste wells that extend into underground aquifers; and
WHEREAS, AB 2544 has since been substantially amended for the purpose of revising the
scope of activities performed by the San Gabriel Basin Water Quality Authority (WQA); and
WHEREAS, AB 2544 also contains provisions for sunseting the Water Quality Authority by
July 2002 and designates the Los Angeles Regional Water Quality Control Board as WQA's
successor; and
WHEREAS, AB 2544 mandates WQA to reduce assessments imposed on water purveyors if
they finance their own groundwater treatment projects without requirement that those
projects be consistent with the clean -up objectives specified in the WQA Groundwater Quality
Management and Remediation Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby oppose AB2544, unless amended. As currently written, AB 2544 fails to address and
specify that: clean -up treatment projects of -w- ater purveyors must conform to the WQA Plan
in order to receive reduced assessments; the successor agency to WQA not be allowed to
assume responsibilities until the WQA has insured all clean -up- treatment facilities are
operational; and lacks sufficient assurances and protections that the environmental health of
the San Gabriel Groundwater Basin will not be further compromised by bill provisions.
II&K-SX1 7
CITY CLERK
AB 2544 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE : A.B. No. 2544
AUTHORS) Calderon.
TOPIC San Gabriel Basin Water Quality Authority Act.
HOUSE LOCATION ASM
+LAST AMENDED DATE 05/17/2000
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
State = Mandated Local Program
Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 05/17/2000
LAST HIST. ACTION Read second time and amended.
TITLE An act to amend Sections 607 and 706 of, and to add
Section 607.1 to, the San Gabriel Basin Water Quality
Authority Act (Chapter 776 of the Statutes of 1992),
relating to water.
Page 1 of 1
httv:// www. leginfo.ca.gov /publbill /asm/ab_ 2501- 2550/ ab _2544_bill_20000517_status.html 05/18/2000
AB 2544 Assembly Bill - History
COMPLETE BILL HISTORY
BILL NUMBER A.B. No. 2544
AUTHOR Calderon
TOPIC San Gabriel Basin Water Quality Authority Act.
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
State - Mandated Local Program
Fiscal
Non -Tax Levy
Page 1 of 1
BILL HISTORY
2000
May 17 Read second time and amended.
May 16 From committee: Amend, do pass as amended, and re -refer to Com. on
APPR. (Ayes 9. Noes 0.) (May 9).
May 8 Re- referred to Com. on E.S. & T.M.
May 4 Referred to Com. on E.S. & T.M. From committee chair, with
author's amendments: Amend, and re -refer to Com. on E.S. & T.M.
Read second time and amended.
Apr. 4 Read second time. To third reading.
Feb. 26 From printer. May be heard in committee March 27.
Feb. 24 Read first time. To print.
httD:// www. leginfo.ca.gov /pub/billlasmlab_ 2501- 2550 /ab_2544_bill_20000517 history.html05 /18/2000
AMENDED IN ASSEMBLY MAY 17, 2000
AMENDED IN ASSEMBLY MAY 4, 2000
CALIFORNIA LEGISLATURE- 1999 -2000 REGULAR SESSION
ASSEMBLY BILL No. 2544
Introduced by Assembly Member Calderon
February 24, 2000
An act to amend Sections 607 and 706 of, and to add Section
607.1 to, the San Gabriel Basin Water Quality Authority Act
(Chapter 776 of the Statutes of 1992), relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2544, as amended, Calderon. San Gabriel Basin Water
Quality Authority Act.
(1) The San Gabriel Basin Water Quality Authority Act
authorizes the San Gabriel Water Quality Authority to plan,
finance, and implement groundwater remediation activities,
as prescribed. The act authorizes the authority to impose an
annual pumping right assessment to carry out certain
activities, as prescribed, and authorizes the authority to
exempt a producer from all or part of those assessments for
water pumped and treated from a contaminated well under
specified conditions. The act provides that the act shall remain
in effect only until July 1, 2002.
This bill would require the authority to exempt , a producer
from all or part of the assessment for water pumped and
treated from a contaminated well or wells, if the producer
provides the authority with a specified statement, signed
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AB 2544 —2—
under penalty of perjury. Because this would expand the
scope of an existing crime, the bill would impose a
state - mandated local program.
The bill would impose certain reporting duties on
producers who are subject to the exemption and would
require producers to pay the authority the applicable
assessment, as specified, if the water quantity is less than
specified in the statement.
The bill would require the authority to reduce the total
amount of assessment adopted by an amount equal to moneys
received from any federal, state, or governmental agency or
from any person or entity pursuant to legal action or proposed
legal action.
(2) Existing law requires the Los Angeles Regional Water
Quality Control Board to receive reimbursement from the
authority upon the repeal. of the act (July 1, 2002) for actual
costs with these eests reeevered ` """ the pfeeeeds " incurred
related to the disposition of property and assets of the
authority. The proceeds that remain are to be transferred to
the Treasurer for deposit in the Hazardous Substanees
Substance Cleanup Fund for use in financing groundwater
contamination investigations and remediations in the basin.
This bill would
a
b b
p prepesed legal
b
agar —moo = ed greandwatef in the basin ce_ L.._.. fiei l
Use.
T the extent that L bill would .leties an th-e
bE)afd a member 1 ea4 the bill , .-..1.1 impose
state -..,_,1..•_a 1..,..,1 p -egfe . provide that the Los Angeles
regional board shall be deemed to be the successor agency for
the purposes of receiving funds or property that the authority
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is authorized by law to receive. The bill would provide that the
highest priority for the funds deposited in the Hazardous
Substance Cleanup Fund shall be to treat water that is a
potential source of drinking water for the purposes of meeting
drinking water standards.
(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.
This bill would provide that no reimbursement is required
by this act for a specified reason. The Galifen:a Gens`ituti ._
b
distfiets faf — eeftain eests mandated by the state
b
feimbefsefaent, ia eluding ye ereatien of a State
$1,999,999
ie easts exeeed $1,999,000.
b
mandates ne reimburseffient is -••vauc by this rait for -a
spee'i€ied reasoR
that, if the an State — 'Mandates -- deternrines that
the biR eentains eests se mandated by the
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes. -
The people of the State of California do enact as follows:
1 SECTION 1. Section 607 of the San Gabriel Basin
2 Water Quality Authority Act (Chapter 776 of the Statutes
3 of 1992) is amended to read:
4 Sec. 607. (a) The authority shall exempt a producer
5 from all or part of the annual pumping right assessment
6 established pursuant to Section 605 for water pumped
7 and treated from a contaminated well or wells if, prior to
8 the date the producer is otherwise required to pay the
9 pumping right assessment, the producer provides the
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AB 2544
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authority with a statement, under penalty of perjury,
certifying all of the following:
(1) That the producer operates a public water system
located within the boundaries of the authority.
(2) As part of that public water system, the producer
plans to pump and treat water from a contaminated well
or wells located within one or more of the operable units
identified in the authority's basinwide plan adopted
pursuant to Section 406.
(3) The quantity of water the producer plans to pump
and treat from the well or wells, during the ensuing fiscal
year.
(4) That the water to be pumped and treated from the
well or wells will be treated to meet all applicable safe
drinking water standards in accordance with the
requirements of the State Department of Health Services
and any other entity having jurisdiction.
(b) The amount of the exemption shall equal the
quantity specified pursuant to paragraph (3) of
subdivision (a) multiplied by the assessment rate per
acre -foot of prescriptive pumping right adopted pursuant
to Sections 605 and 606.
(c) Within 60 days after the end of the fiscal year for
which the exemption applies, the producer shall report to
the authority the quantity of water pumped and treated
from the well or wells. If that is less than the quantity
specified pursuant to paragraph (3) of subdivision (a),
the producer shall pay the authority the applicable
assessment based on the amount of the difference.
SEC. 2. Section 607.1 is added to the San Gabriel Basin
Water Quality Authority Act (Chapter 776 of the Statutes
of 1992), to read:
Sec. 607.1. The authority shall reduce the total
amount of assessment adopted pursuant to Section 606 by
an amount equal to moneys received from any federal,
state, or governmental agency or from any person or
entity pursuant to legal action or proposed legal action,
as described in Section 407.
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SEC. 3. Section 706 of the San Gabriel Basin Water
Quality Authority Act (Chapter 776 of the Statutes of
1992) is amended to read:
Sec. 706. (a) Except as provided in this section, this
act shall remain in effect only until July 1, 2002, and as of
that date is repealed, unless a later enacted statute, which
is enacted before July 1, 2002, deletes or extends that date.
(b) Upon the repeal of this act, the assets and debts of
the authority shall be administered as follows:
(1) The Los Angeles Regional Water Quality Control
Board shall be deemed to be the successor agency of the
authority for the purposes of receiving any funds or
property that the authority is authorized by law to
receive from any federal, state, or other governmental
agency or from any person or entity pursuant to legal
action or proposed legal action, as described in Section
407. The regional board shall conduct public hearings to
receive recommendations with regard to the
expenditure of those funds.
(2) The Los Angeles Regional Water Quality Control
Board shall dispose of the property and assets as
appropriate. The Los Angeles Regional Water Quality
Control Board shall receive reimbursement as €allows:
(A) Far for the actual costs incurred related to the
disposition of the property and assets.
97
The cost recovery shall be from
disposition pursuant to this section.
shall be transferred to the Treasurer
the debts of the authority and, if
shall be transferred to the Treasurer
Gabriel ��Iley Basin Cleanup Fend
the proceeds
The proceeds,
to be applied
any proceeds
for deposit in
fe be
of the
if any,
to pay
remain,
the San
drsbursed— i;—
the—
adffiiftiste-red
the
and aeeerdanee
frith
aetien
of
in the bass_ u.._ bbenier._:,.,
tts-e deposit
b
in the Hazardous
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AB 2544
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Substance Cleanup Fund. The highest priority for the
expenditure of funds deposited in the Hazardous
Substance Cleanup Fund pursuant to this subdivision
shall be to treat water that is a potential source of drinking
water for the purposes of meeting drinking water
standards. Preference shall be given in the disposition of
assets of the authority to transfers to producers who may
be able to use the assets for the benefit of water
distribution systems and to provide for continued
operation and maintenance of the assets in order to
further the purposes of this act.
(2) The Treasurer shall administer the payment of
debts of the authority. The Treasurer shall apply the
proceeds from the disposition of assets to the payment of
the debts. If debts remain after application of the
proceeds from disposition of assets, the Treasurer may
continue to collect, in lieu of the authority, the pumping
right assessments authorized under either (A) Section
602 if the debt relates to administrative costs or (B)
Section 605 if the debt is to repay warrants, notes, bonds,
and other evidences of indebtedness, or both, to make
payments pursuant to leases or installment sale
agreements in connection with certificates of
participation, to pay for operation and maintenance costs
of facilities, and to make payments pursuant to any other
financial obligations. All provisions set forth in Article 6
(commencing with Section 601) relating to the levy and
collection of the pumping right assessments are not
repealed and shall continue in effect until the debts of the
authority are paid, as determined by the Treasurer, who
shall notify the Secretary of State. Upon receipt by the
Secretary of State of the Treasurer's notice, Article 6
(commencing with Section 601) is repealed. The
Treasurer's authority to levy and collect assessments
under this act is limited according to the provisions of this
act and shall cease when all debts of the authority have
been paid.
pufpese of deteffi-tifting the ese Of funds Elepesited in the
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'— he (�evetnment Eedethe— statewide ee °f the
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article X111 B of the California
Constitution because the only costs that may be
36 by a local
37 because
agency or school district will be
this act creates a new crime or
38 eliminates a
39 for a crime
40 17556 of the
crime or infraction,
or infraction, within
Government Code,
incurred
incurred
infraction,
or changes the penalty
the meaning of Section
or changes the definition
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"TT"-
Safi Gabfiel
Tiffee
•-
\
•
•
The
•
appointed
The
■
12
Et stteeessaf:
is duly
aPI-1--t-1-ft-d.
\•
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'— he (�evetnment Eedethe— statewide ee °f the
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article X111 B of the California
Constitution because the only costs that may be
36 by a local
37 because
agency or school district will be
this act creates a new crime or
38 eliminates a
39 for a crime
40 17556 of the
crime or infraction,
or infraction, within
Government Code,
incurred
incurred
infraction,
or changes the penalty
the meaning of Section
or changes the definition
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AB 2544 —8—
1 of a crime within the meaning of Section 6 of Article,
2 XIII B of the California Constitution.
�]
97
Yes: Vasquez, Taylor, Bruesch, Clark, imperial
No: None
Absent: None
Abstain: None
The Mayor declared said nrotion duly carried and so ordered.
B. RESOLUTION NO. 2000 -25— CONSENTING TO A .JOINT PUBLIC
HEARING WITH RESPECT TO TILE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT AREA NO. 2 AND THE
ENVIRONMENTAL IMPACT REPORT PREPARED IN CONNECTION
THEREWITH
The following resolution was presented to the Council for adoption:
RESOLUTION N0, 2000 -25
A RESOLUTION OF THE CITY COUNCIL OF TI IE- CITY OF ROSEMEAD
CONSENTING TO A JOINT PUBLIC HEARING WITH THE ROSEMEAD
REDEVELOPMENT AGENCY R /TI-1 RESPECT TO THE
REDEVELOPMENT PROJECT AREA NO. 2 AND THE ENVIRONMENTAL
IMPACT REPORT PREPARED IN CONNECTION TI [ERENITH
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council adopt Resolution No. 2000 -25. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared . said motion duly carried and so ordered.
®�C. RESOLUTION NO. 2000 -24 - AR 2544 (CALDERON) — SAN GABRIEL
DASIN WATER QUALITY AUTHORITY — OPPOSE
MOTION BY COUNCILMAN VASQUEZ, SECOND BY COUNCILMAN BRUESCH
That (he Council adopt Resolution No. 2000 -24. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (Ilems CC -G S CC -11 were removed for discussion
purposes)
CC -C APPROVAL OF SECOND ADDENDUM TO 1999 ENGINEERING AND
TRAFFIC SURVEY— MISSION DRIVE AND DE ADALENA STREET
Councilman Taylor requested Ihal CC -C be deferred as the survey indicates Ilia( Iliere
were 2 accidents in a 7 -year period on De Adalena. Mr. Taylor requested a report on those
accidents.
CC -A EXTENSIONOFAGREEIIIGNTRITRPEEDTRAFFIC /SIGNAL
MAINTENANCE, INC. FOR TRAFFIC SIGNAL MAINTENANCE
SERVICES
cckll rEs:5 7300
a.p x2
MARGARET CLARK
MAYOR PRO TEM:
JAY IMPERIAL
COUNCILMEMBERS:
ROBERT W. BRUESCH
GARY A. TAYLOR
JOE VASQUEZ
May 24, 2000
The Honorable Richard Mountjoy
California State Senate
State Capitol, Room 4052
Sacramento, CA 95814
efficad
8838 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569 -2100
FAX (626) 307 -9218
Re: Opposition to Assembly Bill 2544 - San Gabriel Water Quality Authority
Dear Senator JAY x,�
I am writing on behalf of the Rosemead City Council to urge your strong opposition to
AB 2544 (Calderon) that revises the scope of activities performed by the San Gabriel
Basin Water Quality Authority (WQA) and sunsets the WQA by July 2002. Opposition
to the bill includes the San Gabriel Valley Council of Governments (representing over
thirty cities in the region), the Association of California Water Agencies, and numerous
cities.
The bill as currently written effectively allows water producers, at their own discretion, to
use funds previously paid to the WQA for groundwater treatment to finance their own
groundwater treatment projects. This transfer of financing and responsibility should only
be allowed if the producer's projects are consistent with the clean-up objectives specified
in the WQA's Groundwater Quality Management and Remediation Plan.
Further, our locally elected municipal officials are very concerned about the
consequences resulting from a lack of accountability and local decision - making input.
We believe the WQA's local oversight of groundwater treatment projects should be
maintained until those projects are operational at which time the Los Angeles Regional
Water Quality Control Board may assume its assets, as was the original intent of the San
Gabriel Basin Water Quality Authority Act.
Sincerely,
MARGARET CLARK
Mayor
08 -03 -2000 07:38 6268597768 WATER QUALITV AUTHORITV P.02
DRAFT
EXCERPT FROM .
DRAFT MINUTES OF
A REGULAR MEETING
-OF THE,
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
10:00 A.M., JULY 31, 2000
ROLL CALL OF Board Members Present: Ken Manning, Margaret Clark, Bob Kuhn,
BOARD MEMBERS and Carol Montano.
BOARD MEMBERS Larry Glenn,
ABSENT
ACTIONANFORMATION
ITEMS
Approval of Draft, Mr. Brill reported that the draft amendments to AB2544 that was released
Conceptual Amendments for public review on July 27, 2000 and included in the agenda packet. He
to AB2544 stated that this amended version incorporated the "Deal Points" that were
previously agreed upon in concept by a negotiating team represented by
two WQA board.members.and several producers. He then.proceeded to
review the amended version in relation to the "Deal Points."
Mr. Brill indicated that there had been one change to the amended version
after it was published, which was under Section 706. He indicated that "or
as of July 1, 2005, whichever occurs first," that has been deleted in this
version has since been reinstated and that the date had been changed to
July 1, 2006. He indicated that WQA would exist until 2004;. at which
time WQA would go into limited function status and would continue in
that capacity until July 1, 2006. He stated that on July 1, 2006 the.assets
and debts of the WQA would be transferred over to the L.A. Regional
Water Quality Control Board.
Mr. Kuhn discussed Sections 403 (h), (n), and (o) regarding the issuance
of bonds, notes, warrants, and other evidence of indebtedness that had
been stricken out in this.amended version. Mr. Kuhn recommended that
these sections be reinstated in an effort to not limit WQA's ability to issue
bonds, notes and warrants.
Mr. Manning concurred with Mr. Kuhn.
Mr. Manning moved to approve the amendments to AB2544 as amended
to include the reinstatement of Section 403(h), (n), and (o) that had been
stricken out in this amended version of AB2544 regarding the issuance of
08 -03 -2000 07:38 6268597788 WATER QUALITY AUTHORITY P.03
bonds, notes, warrants, and other evidence of indebtedness be reinstated.
The motion was seconded by Mr. Kuhn and was unanimously approved.
Ms. Montano asked for clarification on Section 706 pertaining to the
sunset of the WQA in 2004, but continuing in a limited function capacity
until 2006.
Mr. Brill stated that this meant that WQA would not have the power to
levy pumping right assessments after July 1, 2004; but would continue in a
limited role to administer outside funds until July 1, 2006.
Mr. Manning stated if HJZ_910 does not fund the $75 million within the
first couple years, there was a chance that the disbursement of those funds
could continue through 2006 or thereafter.
Mr. Kidman reported that according to this amended version, as of 2004
the WQA Act is repealed, which meant that after 2004, WQA would no
longer exist and therefore could not continue as a.limited function agency.
He stated that Section 705 (a) would need to be amended so that the act
remains in effect until such time as the agency's sunset as described in
Section 706.
Mr. Manning moved to approve the following changes to AB2544 version
that was released for public review on July 27, 2000 as amended with the
following additional changes:
a. That Section 705 (a) be amended so that the act remains in effect until
at such time as the agency's sunset as described in Section 706.
b. That Section 706 be amended to delete "or as of July 1, 2006,
whichever occurs first," so that the section would read as follows:
Sec. 7.06. .At such time as.1he authority is no longer receiving or
disbursing finds from sources designated in subsections (1) and (2) of
Section 401(d), the assets and debts of the authority shall be
administered as follows.
The motion was seconded by Mr. Kuhn and was unanimously approved.
08 -03 -2000 07:39 6268597788 WATER QUALITY AUTHORITY P.04
DR.AF T
WATER CODE APPENDIX
CHAPTER 134. SAN GA13RIEL BASIN.WATER QUALITY AUTHORITY ACT
ARTICLE 1. GENERAL PROVISIONS
§ 134 -101. Legislative findings and declarations
Sec. 101. The Legislature hereby finds and declares all of the following:
(a) Groundwater in the San Gabriel Valley in Los Angeles County is seriously contaminated
.with hazardous substances.
(b) The contamination is deep and widespread, with approximately 70 out of 275 wells
contaminated in excess of maximum contaminant levels or state action levels for various volatile
organic compounds and. nitrates,
(c) The groundwater in the Main San Gabriel Basin is the primary source of drinking water for
over 1,000,000 residents of the San Gabriel Valley,
(d) Strong and consistent local management of San Gabriel Valley groundwater cleanup is
needed to protect and enhance water quality, ensure protection of the beneficial uses of the
groundwater, and promote and foster the cleanup of this valuable resource.
(e) There is no existing local entity which has all of the necessary authority and jurisdiction to
carry out the financial and institutional arrangements necessary to coordinate an effective cleanup
prof
(f) (1) The watermaster for the Main San Gabriel Basin was, appointed by the Superior Court in
and for the County of Los Angeles, pursuant to a judgment entered upon the stipulation of all of
the parties with water rights in the Main. San Gabriel Basin, to regulate the extraction and
replenishment activities in that basin. Nothing in this act is intended to expand the authority
granted to the watermaster in the judgment.
(2) The watermaster has developed a program for the management of the Main San Gabriel
Basin, which includes all of the following:
(A) Regulation of water rights.
(B) Imposition of an annual safe yield for the basin.
(C) Development of a plan for the importation of water into the Main San Gabriel Basin for the
purpose of replenishment, including a plan to accomplish the long -term conjunctive use of the
basin's groundwater storage capacity.
08 -03 -2000 07:39 6268597788 WATER QUALITY AUTHORITY R.05
(D) Regulation of groundwater production.
(E) Implementation of procedures for compliance with water supply requirements relating to the
lower San Gabriel Basin.
(F) Regulation of groundwater pumping activities for purposes of water quality protection,
(G) Monitoring groundwater quality and collection of groundwater quality data.
H) Preparation of an annual five -year water quality and supply plan.
(I) Coordination of actinides with the joint powers authority,
(g) The joint powers authority has developed cleanup programs to clean up the Main San Gabriel
Basin, which include all of the following:
(1) Characterization of basin contamination. .
(2) Development and iinplementation of a comprehensive basin cleanup plan.
(3) A plan for financing the dosign, construction, operation, and maintenance of groundwater
cleanup facilities.
(4) Provision for. a public information program.
(5) Coordination with federal, state, and local entities.
(h) The Legislature intends.that the watermaster, the joint powers authority, and the San Gabriel
Basin Water Quality. Authority, as the successor to the joint powers authority, continue to
coordinate their respective groundwater management responsibilities and meet periodically to
review, evaluate, . and modify, as needed, the division of responsibilities for managing
groundwater cleanup in the basin.
(Stats.1992, c. 776 (S.B.1679), § 1.)
HISTORICAL AND STATUTORY NOTES
1995 Main Volume
Section 1 (in part) and § 2 of Stats.1992, c. 776 (S:B,1679), provide:
"Section 1. This act shall be known and may be cited as the San Gabriel Basin Water Quality
Authority Act.
"Sec. 2, If any provision of this act or the application thereof to any person or circumstances is
held invalid, that invalidity shall not affect other provisions or applications of the act which can
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be given effect without.the invalid provision or application, and to this end the provisions of this
act are severable."
ARTICLE 1. GENERAL PROVISIONS
§ 134 -102. Legislative intent
Sec. 102. It is the intent of the Legislature in enacting this act:
(a) To create the San Gabriel Basin Water Quality Authority to protect the public health and
safety by planning and financing groundwater extraction and treatment projects to be carried out
by the authority in the Main San Gabriel Basin, to provide potable water for beneficial uses in the
basin, and to contribute to the basinwide remedial objectives established by state and federal
agencies.
(b) To encourage the San Gabriel Basin Water Quality Authority to cooperate with the State
Water Resources Control Board, the Los Angeles Regional Water Quality Control Board, the
State Department of Health Services, the United States Environmental Protection Agency, the
Metropolitan Water District of Southern California,. the Main San Gabriel Basin Watermwer,
and other appropriate agencies, in carrying out the requirements and purposes of this act.
(c) That the cleanup of contaminated groundwater authorized by this act be undertaken so as to
do both of the following:
(1) prevent or minimize, to the extent feasible, the migration of contaminated groundwater from
the Main San Gabriel Basin into the Central and West Water Basins.
(2) Use masonable, technically sound, and cost - effective measures to ensure that groundwater
extracted from the Main San Gabriel Basin will meet applicable regulatory standards for the
beneficial uses of the water,
(d) That, because of the pervasive nature and multiple sources of contamination in the San
Gabriel Valley, appropriate credit should be given for the amount of prior groundwater
investigation and remodiation expenditures by any responsible party when determining the
amount of costs recoverable from that party.
(e) That, if the costs of any removal or remedial action project are increased as a result of
conjuncti ve use, those increased costs shall not be.costs recoverable from responsible parties.
(Stats.1992, c. 776 (S.B.1679), $ 1.)
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WATER QUALITY AUTHORITY
ARTICLE 2. CREATION AND BOUNDARIES
§ 134.201. Creation of authority
Sec. 201. The San Gabriel Basin Water Quality Authority is hereby created.
§ 134 -202. Boundaries of authority
Sec. 202: -The boundaries of the authority are as follows:
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Beginning at the southwest comer of Section 14, Township 1 North, Range 11 West, San
Bernardino Base and Meridian; '
Thence north along the west line of Section 14 to the northwest corner of the south half of
Section 14;
Thence east along the north line of the south half of Section 14 to the east line of Section 14;
Thence north along the east line of Section 14 and continuing north along the east line of Section
11 to the northeast corner of Section 11;
Thence east along the north line of Section 12 to the northeast comer of Section 12;
Thence south along the east line of Section 12 and continuing south along the east line of
Section 13 to the southeast corner of Section 13, the corner being also the southwest comer of
Section ISjownship 1 North, Range 10 West;
Thence east along the south line of Sections 18, 17, 16, and 15, Township 1 North, Range 10
West to the southwest corner of Section 14;
Thence north along the west line of Section 14 to the northwest corner of the south half of
Section 14;
Thence east along the north line of the south half of Section 14 to the east line of the section;
Thence north along the east line of Section 14, and continuing north along. the west line of
Section 12 to the north line of Section 12;
Thence, east along the north line of Section 12, to the northeast comer of Section 12, the corner
being also the southwest comer of Section 6, Township 1 North, Range 9 West;
Thence north along the west line of Section 6 and continuing north along the west line of
Sections 31 and 3Q Township 2 North, Range 9 West to the westerly prolongation of the north
line of Section 30;
.Thence, east along the westerly prolongation of the north line of Section 30 and continuing east
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along the north line of Section 29 to the northeast corner of Section 29;
Thence south along the east line of Section 29 and continuing south along the east line of
Section 32, Township 2 North, Range 9 West, and thence continuing south along the east line of
Section 5, Township 1 North, Range 9 West to the southeast comer of Section 5;
Thence west along. the south line of Section 5 to the southwest comer of Section 5, the point
being also the northwest corner of Section 8;
Thence south along the west line of Section 8 and continuing south along the west line of
Section 17 to the southwest comer of Section 17, the corner being also the northwest corner of
Section 20;
Thence east along the north line of Sections 20 and 21 to the northwest corner of Section 22, the
corner being also the southwest comer of Section 15;
Thence north along the west line of Section 15 to the northwest corner of the south half of
Section 15;
Thence east along the north line of the south half.of Section 15 to the northeast corner of the
south half of Section .15;
Thence south along the east line of Section 15 and continuing south along the east line of
Section 22 to the southeast corner of Section 22, the point being also the southwest comer of
Section 23;
Thence east along the south line of Sections 23 and 24 to the east line of the west half of Section
24;
Thence north along the east line of the west half of Section 24 to the north line of the section;
Thence east along the north line of Section 24 to the northeast comer of the section, the point
also being the northwest comer of Section 19, Township I North, Range 8 West;
Thence cast along the north line of Sections 19 and 20, Township I North, Range 8 West to the
northeast comer of Section 20;
Thence south along the east line of Sections 20, 19, and 32, Township 1 North, Range 8 West to
the southeast corner of Section 32;
Thence west along the south line of Section 32 to the northwest comer of the east half of Section
Sjownship 1 South, Range 9 West;
Thence south along the west line of the east half of Section 5 of the south line of Section 5;
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Thence west to the east line of the northerly prolongation of Range 9 West;
Thence south 67 degrees 30 minutes west to an intersection with the northerly prolongation of
the west line of Section 27, Township 1 South, Range 9 West;
Thence south along the northerly prolongation of the west line of Section 27 and continuing
south along the west line of Section 27 to the southwest corner of Section 27, the.point being also
the southeast comer of Section 28;
Thence west along the south line.and westerly prolongation of the south line of Section 28.to the .
northerly prolongation of the west line of Range 9 West;
Thence south along the prolongation of the west line of Range 9 West to the westerly
prolongation of the north line of Township 2 South;
Thence west along the westerly prolongation of the north line of Township 2 South, a distance
of 8,500 feet;
Thence south a distance of 4,500 feet;
Thence west a distance of 10,700 feet;
Thence south 29 degrees west to the intersection with the northerly prolongation of the west line
of Section 20, Township 2 South, Range 10 West;
Thence south along the northerly prolongation _of the west line of Section 20 and continuing
south along the west line of Section 20 to the southwest corner of Section 20;
Thence south a distance of 2,000 feet;
Thence west a distance of two miles, more or less, to the intersection with the east line of
Section 26, Township 2 South, Range 11 West;
Thence north along the east line of Section 26 and continuing north along the east line of Section
23, Township 2 South, Range 11 West to the northeast comer of Section 23;
Thence west along the north line of Section 23 to the northwest comer of the section, the point
being also the southeast comer of Section 15, Township 2 South, Range 11 West;
Thence north and west along the east and north lines, respectively, of Section 15,.Township 2
South, Range I I West, to the northwest comer of the section;
Thence west along the westerly prolongation of the notch line of Section 15, Township 2 South,
Range 11 West to the intersection with a line parallel to, and one mile east of, the west line of''
Range.lI West;
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Thence north along the.parallel line to the intersection with the northerly boundary of the City of
Pico Rivera as that city existed on July 17,1970;
Thence west along that city boundary to the intersection with the east line of Range 12 West;
Thence north along the east line of Range 12 West to the north line of Township 2 South;
Thence west along the north, line of Township 2 South to the intersection with the southerly
prolongation of the east line of the west half of Section 26, Township 1 South, Range 12 West;
Thence north along the southerly prolongation of the cast line of the west half of Section 26 to
the southeast comer of the west half;
Thence west along the south line of Sections 26, 27, and 28, Township 1 South, Rangc.l2 West
to the southeast comer of Section 29, Township.l South, Range 12 West;
Thence north along the east line of Section 29 to the northeast comer of the south half of Section
29;
Thence west along the north line along the south half of Section 29 to the northwest comer of
the section;
Thence north along the west line of Sections 29, 20, 17, and 8, Township 1 South, Range 12
West; .
Thence north along the northerly prolongation of the west line of Section 8, Township 1 South,
Range 12 West to the intersection with the north line of Township 1 south;
Thence east along the north line of Township 1 south to the northeast comer of Section 3,
Township 1 South, Range 12 West;
Thence north 64 degrees 30 minutes east to the intersection with the west line of Section 23,
Township 1 North, Range 11 West;
Thence north along the west line of Section 23 to the northwest corner of the section, the point
being the southwest comer of Section 14, Township 1 North, Range 11 West and the point being
also the point of beginning.
(Stats.1992, c. 776 (S.B.1679), § 1,)
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ARTICLE 3. DEFINITIONS
§ 134 -301. Construction
Sec, 301. Unless the context otherwise requires, the definitions in this article govern the
construction of this act.
(Stats.1992; c. 776 (S.B:d679), § 1.) . .
§ 134 -302. Authority
Sec. 302. "Authority ". means the San Gabriel Basin Water Quality Authority.
(Stst5.1992, c. 776 (S:B.1679), § 1.)
§ 134 -303. Board
Sec, 303. "Board" means the San Gabriel Basin Water Quality Authority Board, which is the
governing body of the authority.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 - 304. Board member or member; alternate member or alternate; city member; water
district member
Sec. 304. "Board member" or "member". means a member of the board.
(a) "Alternate member" or "alternate" means the nominee receiving the second highest number
of votes in an election of a city member or the person appointed by a water district to act in the
place of a member if that member is absent or the member has vacated the office.
(b) "City member" means a member elected by the cities with pumping rights or the cities
without pumping rights.
(c) "Water district member" means a member appointed by one of the water districts.
(d) "Producer member" mean spa member who pursuant to the Judgment, is a designee of a
producer, other than a water district referred to in Sec 503 or a city referred to in Sec 504 that
is a holder of not less than five percent of the prescriptive Pumping rights in the basin:
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -305. City; cities with pumping rights; cities without pumping rights
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Sec. 305. "City" means a city which partially or entirely overlies the Main San Gabriel Basin or
a city which has, or may acquire, the right to pump water from the basin.
(a) "Cities with pumping rights means cities which have pumping rights in the basin in
accordance with the judgment and includes the Cities of Alhambra, Arcadia, Azusa, Covina, El
Monte, Glendora, Industry, Irwindale, I A Vemty, Monrovia, Monterey Park, South Pasadena, and
Whittier.
(b) "Cities without pumping rights" means cities which do not have pumping rights in the basin
in accordance with the judgment and includes the Cities of Baldwin Park, Bradbury, Duarte, La
Puente, La Verne Rosemead, San Dimas, San Gabriel, San Marino, Sierra Madre, South El
Monte, Temple City, and West Covina.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -306. Groundwater
Sec. 306. "Groundwater" means water beneath the surface of the ground and within the zone of
saturation.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -307. Groundwater basin
Sec. 307. "Groundwater basin" means an interconnected and permeable geologic formation
capable of storing and yielding substantial, groundwater supply.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134.308. Joint powers authority
Sec. ,308. "Joint powers authority" means the entity formed pursuant to the "Joint Exercise of
Powers Agreement Creating Main San Gabriel Basin Water Quality Authority," dated July 27,
1990, by and among the Upper San Gabriel Valley Municipal Water District, the San Gabriel
Valley Municipal Water District, and the Three Valleys Municipal Water District.
(Stats.1992, c. 776 (S.B.1679), § 1,)
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§ 134 -309. Judgment
Sec. 309. 'Judgment' means the judgment, as amended or as it may be amended, of the Superior
Court in and for. the County of Los Angeles in Upper San Gabriel Valley Municipal Water
District v, City of Alhambra (Case Number 924128).
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134.310, Main San Gabriel Basin or basin
Sec. 310. "Main San Gabriel Basin" or "basin" means the groundwater basin underlying the land
within the boundaries of the authority.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -311. Produce
Sec. 31.1. "Produce" means to pump water from the basin.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -312, Producer
Sec. 312. "Producer" means a person or entity that produces water.
(Stats.1992, c. 776 (S,B.1679j, § 1.) .
§ 134 -313. Public water system
Sec. 313. 'Public water system" means any entity that operates a public water system, as defined
in sabdiNision (0 of Section 491 Q1 116275 of the Health and Safety Code.
(Stats.1992, c. 776 (S.13.1679), § 1.)
§ 134 -314. Pumping right assessment
Sec. 314, 'Pumping right assessment' means an assessment on prescriptive pumping rights
levied by the authority upon the holder of a prescriptive pumping right, as determined under the
judgment,
(Stats.1992, c. 776 (S.13,1679), § 1.)
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§ 134 -315. Water district
Sec. 315. "Water district" means the San Gabriel Valley Municipal Water District, the Upper
San Gabriel Valley Municipal Water District, or the Three Valleys Municipal Water District.
§ 134.316. Watermaster
Sec. 316. "Watermastor" means the watermaster appointed to administer the judgment.
(Stats.1992, c. 776 (S.B.1679), § 1'.)
§3 7 Water Association.
Sec 317 "Water Association" means the San Gabriel Valley Water AUoeiation.
ARTICLE 4. POWERS AND PURPOSES
§ 134 -401. Powers of authority
Sec. 401. The authority may do any of the following:
(a) Coordinate groundwater remediation planning and implementation activities among the
water districts, the producers, and the authority.
(b) Control an d remove hazardous substances from the basin.
(c) Construct, operate, andmaintain water treatment facilities which benefit the basin.
(d) Receive and expend funds obtained from all of the following sources:
(1) Federal, state, or local govermnents.
(2) Nongovernmental entities,
(3) The proceeds from the issuance of-benda,— notes, waffaRts, and other indebtedness to finance
treatment projects which benefit the basin.
(4) Pumping,right assessments.
(Stats.1992, c. 776 (S.B.1679), § 1.)
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§ 134 -402. Projects
Sec. '402. The authority may, at the request of a producer pr another entity, enter -into
atreements and undertake projects which relate to, but are not limited to, efforts to correct water
quality problems due to volatile organic compounds, nitrates, and mineral salts. 2=621 far
nm/gats fmnlerf eti4sd'vn4orto this :enaStment the authority may not undertake such a project
upon its s-own initiatty .. These projects Shall be undertaken pursuant to, and shall be consistent
with, the.basinwide plan adopted under Section 406:.•
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -403. Additional powers
Sec. 403. The authority may do any of the following:
(a) Employ agents and employees.
(b) Make and enter into contracts.
(c) Sue and be sued in its own name and, to the extent authorized by Section 407, bring suits to
recover, from responsible parties, the removal and remedial action costs incurred by the
authority.
(d) Adopt a seal and alter it at pleasure,
(e) Acquire, construct, manage, maintain,-and operate any buildings, works, or improvements,
both inside and outside the boundaries of the authority.
(f) Acquire, own, hold, or dispose of property both inside and outside the boundaries of the
authority.
(g) Incur debts, liabilities, and obligations.
(h) Issue mss, notes, and waffai�ts and other evidence of indebtedness and enter into loasee;
installment sales contracts, and other agreements to finance costs and expenses incidental to the
projects of the authority. .
(i) Enter into agreements with the watermaster and other appropriate entities to do any of the
following:
(1) Store water in the basin.
(2) Purchase and import water for the benefit of the authority.
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(3) Exchange water.
(4) Distribute water to producers in exchange for ceasing or reducing groundwater extraction.
(S) Regulate pumping in accordance with the judgment.
(j) Own and operate facilities to extract, purify, and treat water for the beneficial use of persons
or property within the authority.
(k) Acquire, within or outside the authority and within the state, by purchase, condemnation, or
other legal means, all property, or rights in property, that the authority determines to be necessary
or proper for the purposes of the authority, except that the authority shall not exercise the power
of eminent domain as to water, water rights, reservoirs, pipelines, water distribution systems, .
waterworks, or powerplants that are devoted to beneficial or public use. Eminent domain
proceedings may be brought by the authority for these purposes pursuant to Title 7 (commencing
with Section 1230.010) of Part 3 of the Code of Civil. Procedure.
p) Act jointly of cooperate, within or outside the boundaries of the authority, with the United
States, the state, a county, city, or district, the watermaster, or any corporation, or person to carry
out this act.
(m) Carry on technical and other investigations of all kinds necessary to carry out the purposes
of this act.
(n) Levy pumping right assessments and impose charges for the sale of groundwater extracted
and treated by the authority to pay for the administrative costs of the authority, to pay for the
operation and maintenance costs of facilities including reasonable reserves for operation and
maintenance costs, to repay waits; notes and other evidence of indebtedness, to make
payments pursuant to leases or installment sale agreements in connection with certificates of
participation, and to make payments pursuant to any other financial obligations. Pumping right
assessments may be levied on, and are payable by, public agency holders of prescriptive rights
under the judgment.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -404. Effect on authority granted to watermaster under judgment; pumping of groundwater
from basin. projects
Sec. 404. No power granted to the authority expands, limits, supersedes, or otherwise impairs
any authority granted to the watermaster under the judgment, except that any plan adopted by the
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AM
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -404. Effect on authority granted to watermaster under judgment; pumping of groundwater
from basin. projects
Sec. 404. No power granted to the authority expands, limits, supersedes, or otherwise impairs
any authority granted to the watermaster under the judgment, except that any plan adopted by the
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authority pursuant to Section 401 or 406, is, for purposes of the judgment, a basin cleanup plan
adopted by a public governmental agency with responsibility for groundwater management or
cleanup. Any project undertaken by the authority which involves the pumping of groundwater
from the basin is subject to regulation in accordance with the judgment.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -405, Contracts
Sec. 405. The authority may contract with appropriate entities to carry out the purposes of the act
and the rules and regulations adopted pursuant to this act.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -406. Basinwide groundwater quality management and remediation plan; components
Sec. 406. (a) The authority shall develop and adopt a basinwide groundwater quality
management and remediation plan. The authority shall cooperate with all appropriate entities for
that purpose, The plan shall include, but not be limited to, all of the following components;
(3) (L Development and implementation of a comprehensive basin cleanup plan.
(3) [2) A plan for financing the design, constructioni- operation, and maintenance of groundwater
cleanup facilities.
(4) 13.1 Provision for a public information and participation program.
(35) (4) Coordination with federal, state, and local entities.
(b) The basin -wide plan shall be consistent with the National Contingency Plan and with any
applicable records of decision issued by the United States Environmental Protection Agency, all
requirements of the Los Angeles Regional Water Quality Control Board, including that board's
Basin Plan, and all applicable agreements between federal, state, and local agencies engaged in
cleanup activities. The basinwide plan shall consider the benefits to be achieved by the plan or
any proposed project in relation to its economic impact on persons or entities within the
boundaries of the authority.
(Stats.1992, c. 776 (S.B.1679), § 1)
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§ 134 -407. Investigation and identification of persons or entities responsible for contamination of
basin; cooperation with other agencies; legal action
,Sec. 407. (a) The authority may cooperate with the Los Angeles Regional Water Quality Control
Board and the United States Environmental Protection Agency in their investigation and
identification of persons or entities that are responsible for the contamination of the basin.
(b).Pmaons or entities responsible for the contamination:cf the basin shall cooperate with the
authority in developing and implementing plans for the cleanup of the contamination.
(c) To the extent authorized under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended. (42 U.S.C. Sec. 9607), or Chapter 6.8
(commencing with Section 25300) of Division 20 of the Health and Safety Code, the authority
ma rs ofthe board, includinE the two producer members
pursue legal action against persons or entities that are responsible for the contamination of the
basin to recover removal or remedial action costs incurred by the authority for the cleanup of the
contamination attributable to that person or entity, including the costs of enforcement and
litigation.
(Stats.1992, c. 776 (S.B.1679), § 1.)
ARTICLE S. ORGANIZATION .
§ 134 -501. Board
Sec. 501. The authority shall be governed by the board. The powers and duties of the authority
shall be exercised by and through the board.
(Stats.1992, c. 776 (S.B.1679), § 1.) .
§ 134.502. Membership; restrictions on source of income
Sec. 502. (a) The board shall be composed of €rve seven members, three of whom are appointed
by the water districts and two of whom are elected by the cities and two cf whom are producer
me bars agpointed pursuant to Sec 503.1
(b) No person other than a producer member who directly or indirectly, at the time of election
or appointment, receives, or during the two -year period immediately preceding election or
appointment received, 10 percent or more of his or her income from any person or public entity
subject to regulation by, or that receives grants from or contracts for work with, the authority may
serve as a member of the authority.
(Stats.1992, c. 776 (S.B.1679), § 1.)
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§ 134 -503. Appointment of water district members and alternates
Sec. 503. The water district members and their alternates shall be appointed as follows:
(a) One member and one alternate shall be appointed by the Board of Directors of the Upper San
Gabriel...Valley Municipal Water District. The member and alternate appointed pursuant to this
subdivision shall be elected members of that board and shall be appointed by resolution adopted
by a majority of that board.
(b) One member and one alternate shall ,be appointed by the Board of Directors of the San
Gabriel Valley Municipal Water District. The member and alternate appointed pursuant to this
subdivision shall be elected members of that board and shall be appointed by resolution adopted
by a majority ofthat board.
(c) One member and one alternate shall be appointed by the Board of Directors of the Three
Valleys Municipal Water District. The member and alternate appointed pursuant to this
subdivision. shall be elected members of that board and shall be appointed by resolution adopted
by a majority of that board.
(Stain 1992, c. 776 (S.D.1679), § 1.)
/ U8
§ 134 -504. Election of city members and alternates
Sec. 504. The city members and their alternates shall be elected as follows:
(a) One member and one alternate shall be elected by the cities with pumping rights. The
member and alternate elected pursuant to this subdivision shall be city council members from
cities with pumping rights.
(b) One member and one alternate shall be elected by the cities without pumping rights. The
member and alternate elected pursuant to this subdivision shall be city council members from
cities without pumping rights.
(Stats.1992, c, 776 (S.B.1679), § 1.)
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§ 134 -505. Election procedures
Sec. 505. Each of the members elected by the cities pursuant to Section 504 shall be elected
according to the following procedure;
(a) A city with pumping rights may vote for candidates to be elected to represent cities with
pumping rights. A city without pumping rights may vote for candidates to be elected to represent
cities without pumping rights. The number of votes which a city may cast is determined by the
population of the city. Each city has one vote for each 10,000 residents or majority fraction
thereof, 'as determined by the most recent United Stator, decennial census data. The number of
votes to which a city is entitled shall be computed by rounding the population of the city to the
nearest 10,000 and dividing that number by 10,000. Each city has a minimum of one vote.
(b) An election for a city member shall be conducted at the board's final regular meeting of the
calendar year preceding the. expiration of the term of the office of that city member.
(c) Nominations. for candidates for a city member elected by cities with pumping rights may be
made by any city with pumping rights. Nominations for candidates for a city member elected by
cities without pumping rights may be made by any city without pumping rights. Each city may
nominate only one candidate for each office. Nomination shall be made by resolution of the city
council of the nominating city. All nominations shall be submitted to the authority at least 60,
but not more than 90, days preceding the meeting at which the election is to be held.
(d) The authority shall adopt procedures for preparing and distributing ballots to each city
eligible to vote in the election. Ballots shall be distributed to all cities which are eligible to vote
at least 45 days prior to the meeting at which the election is to be held. Each ballot shall indicate
the number of votes which the city is entitled to cast.
(c) Each city shall cast all of its votes for one candidate for each office, by resolution of the city
council. The resolution casting the citys votes shall be delivered to the authority at least 24
hours before the meeting at which the election is hold. Any resolutions not received 'by the
authority 24 hours before the election may not be counted.
(f) (1) The candidate, receiving the highest number of votes cast by cities with pumping rights
shall be elected to fill the office representing cities with pumping rights. The candidate receiving
the next highest number of votes cast by cities with pumping rights, who is not a city council
member from the same. city as the candidate receiving the highest number of votes, is the
alternate member.
(2) The candidate receiving the highest number of votes cast by cities without pumping rights
shall be elected to fill the office representing cities without pumping rights. The candidate
receiving the next highest number of votes cast by cities without pumping rights, who is not a
city council member from the same city as the candidate receiving the highest number of votes, is
the alternate member.
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(g) Not later than March 1, 1993, the joint powers authority shall call and conduct the election to
elect the initial city members and alternates. Thereafter, the election of city members shall be
called and conducted by the authority.
(Stats.1992, c, 776 (S.B.1679),..§ 1.)
§ 134.506. Alternate member duties
Sec, 506. An alternate member shall act in the place, and perform all of the duties, of the city
member Producer member or water district member selected by the same cities or water district
if that city member or water district member is absent from a meeting of the authority or has
vacated his or her office until the vacancy is filled pursuant to this act.
(Stats.1992, c. 776 (S.B,1679), § 1.)
§ 134 -507. Terms
Sec. 507. (a) Except as provided in subdiAsian subdivislgrss (b) and c the terms of the
members shall commence on the first Monday in January and each member shall hold office for a
term of four years and until the successor takes office.
(b) With respect to the initial board members, the terms of the member appointed by the Three
Valleys Municipal. Water District and the member elected by the cities without pumping rights
shall. expire on January 1, 1995, and the terms of the remaining members shall expire on January
1, 1997.
(F) The terms of the initial prodwer members and alternates shall commence on the first
business day after, thf appaintmot_gjthe Producer members and akernates. The terms Qf the
fini al Product members and alternates shall expire on the fourth AnuatY If following
rnmmencement ojrthelr term.
(Stars. 1992, c. 776 (S.B.1679), § I:)
§ 134 -508. Vacancies
Sec. 508. Any vacancy in the office of a member shall be filled as follows:
(a) .A vacancy in the office of a member or alternate who was appointed by a water district shall
be filled by the appointing water district by a resolution adopted by a majority vote of the district
governing board. The person appointed to fill the vacancy shall meet the qualifications
applicable to the vacant office and shall serve for the remaining term of the vacant office.
is
08 -03 -2000 07:52 6268597788 WATER QUALITY AUTHORITY P.04
(b) A vacancy in the office of a member or alternate who was elected by cities shall be filled by a
special election called by the authority, Only those cities which elected the member or alternate
to the office in which the vacancy has occurred are eligible to vote. Nominations and balloting
shall be conducted in the same manner as a regular election, except that the date of the election
and time periods shall be as prescribed by the authority. The member or alternate elected to fill a
vacancy shall meet the qualifications applicable to the vacant office and shall serve for the
remaining term of the vacant office.
(c) A vacancy in the ofljcs efa producer member or alternate who was appointed by the Water
Association shall be filled pursuant to the provisions ef5ection 503.1..
§ 134 -509. Election of officers; additional officers and employees
Sec. 509. The board shall annually elect from its membership a chairperson, vice chairperson,
secretary, and treasurer. The board may appoint additional. officers and employ additional
employees and assistants that may be necessary or appropriate..
(Stats.1992, c. 776 (S.B.1679), § 1,)
§ 134 -510. Quorum
Sec. 510: A majority of the board constitutes a quorum for transaction of business of the
authority.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -511. Approval of board actions
Sec. 511. Except as otherwise provided, all actions of the board shall be approved by an
affirmative vote of a majority of all of the members.
(Stats,1992, c. 776 (S.B:1679), § 1.)
§ 134 -512. Compensation
Sec. 512. Each member shall receive compensation for each meeting of the board attended,
which amount. shall be fixed from time to time by the board, but shall not exceed the amount
allowed.by law for members of the board of a murticipal water district.
(Stats.1992, c. 776 (S.B.1679), § 1.)
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08 -03 -2000 07:52 6268597788 WATER OUALITV AUTHORITV P.05
§ 134 -513. Meetings
Sec. 513. All meetings of the board shall be open to the public and shall be held in accordance
with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division
2 of Title 5 of the Government Code).
(Stats.1992, c. 776 (S.13.1679), § 1.)
§ 134 -514. Rules and regulations .
Sec. 514—The board shall adopt rules-arid regulations.fot.the conduct of its affairs.
(Stats.1992, c. 776 (S.B.1679)) § 1.)
§ 134 -515. Officers, employees and assistants; duties and authority
Sec. 515. Each of the officers, employees, and assistants shall serve at the pleasure of the board
and shall perform the duties and have the authority as determined by the board.
(Stats.1992, c. 776 (S.B.1679), § 1.)
ARTICLE 6. FINANCIAL PROVISIONS
§ 134 -601. Funding; grants and donations; limits on bonded indebtedness
Sec. 601. The authority may accept federal, state, and local funds which are available for
purposes of groundwater cleanup and for otheFwise_implementing this act. The authority may
accept grants and donations to carry out the purposes of this act. The limits on bonded
indebtedness shall.be exclusive of grants and donations.
(Stats.1992, c. 776 (S.B.1679), § 1.)
20
08 -03 -2000 07:52 6268597788 WATER QUALITY AUTHORITY P.06
21
MAN
NOW
Y .
M ......
r
21
08 -03 -2000 07:53
6268597786
WATER QUALITV AUTHORITV
P.06
§ 134 -605. Annual
pumping right assessment;
facilities, notes, bonds, etc.
Sec. 605. The authority may impose an annual,pumping right assessment, not to exceed
thirteen dollars ($2a) I$a per acre-foot, to construct facilities and acquire property, to -retie
to pay for op, Crations and maintenance of projects constructed by
and for the authority, and to pay for administrative costs. The authority shall impose an
assessment pursuant to. this section for operation and.maintenance purposes only if, and to the
extent that, money for operation and maintenance purposes is not received from other sources
after reasonable efforts have been made to secure that funding. However, no assessment shall be
imposed for water extracted pursuant to a conjunctive use storage agreement between the
producer and the water master, which the authority has approved. The assessment au horized by
this section shall not be used to replace federal, state. or other money which is avallable to the
(Stats.1992, c. 776 (S.B.1679), § 1.)
(Amended by Stats.1996, c. 2g1 (A.B.2173),.§ 1.)
§ 134 -606. Assessment rate
See. 606. A pumping right assessment imposed pursuant to this act shall be imposed upon the
holder of a prescriptive pumping right at a uniform rate per acre -foot of prescriptive pumping
right.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134.607. Producers exempt
Sec. 607.
the design and eenotFuetieii 9P the wellhead tmatmeni system feF that -A,oil.
(a) The aighority shall exempt aproducer fmm all or part of the annual pumping right
assessment establishod pursuant to Section 605 for waterr pumped and treated from a
contaminated well or wells if, under the terms efthe authority's bade management plan, the
authority approves the proiect and finds that the producer's treatment expenditures have been
used for additional cleanup that will contribute towards cleanup objectives in the authority's
been management plan and prior to the date the producer is otheMise reguired to pay the
pKMpin& ri ght assessment, the producer provides the authority with a statement�l a€
2gign cortifyina all of the following'
111 That the producer operates a public water systmnlQcatod within the boundaries of the
authori
23
08 -03 -2000 07:54 6268597788 WATER QUALITY AUTHDRITY P.09
(2 ) As part of that public water system, the producer plans to pump and treat water from a
contaminated well or wells located within one or more of the operable units identified in the
authority's basiawide plan adopted pursuant to Section 406.
(3) The quantity of water the producer plans to pump and treat fmTn the well or wells, during
the ensuing fiscal year,
(4) That the water to be pumped and treated from the well or wells will be treated to meet all
applicable- safe drinking water standards in accordance with the requirements of the State
Department of Health Services and any other entity having.iuriediction.
(b) The amount of the exemption shall egual the Quantity specified pursuant to paragraph (3) of
subdivision (a multiplied by the assessment rate per acre -foot of prescriptive pumping ri lit
adopted pursuant to Sections 605 and 606.
(p) Within 60 days after the end of the fiscal year for which the exemption applies, the produoer
shall report to the authority the quantity of water pimped and treated from the well or wells If
that is less than the guantity s ecp if ed pursuant to paragraph (3) saf-aubdivision (a), the RMducer
shall pay the authority the applicable assessment based on the amount of the difference.
•1 •1• • 5.11. 1 "!. REMAIN L• 1 .• '1' • ••
MW
• q • q• 1/ LI • : • • • • 1 • / vari�ivY :ri.az:.irai•4avw
ollecte
Rim.. _ ..
§ 134 -609. Imposition of assessment by resolution; hearing;. notice
Sec. 609. (a) The authority may, by resolution of five of the seven members of the board
includinz both of the taroducer members, impose a pumping right assessment pursuant to Section
605 only in accordance with this section and Sections 610 to 614, inclusive,
(b) Prior to levying a new assessment or approving an increase in an existing assessment, the
authority shall hold at least one hearing at which presentations may be made.
(c) (1) Notice of the time and place of the hearing, including a general explanation of the matter
to be considered and a statement of the amount of the assessment, shall bo mailed, at least 90
24 '
06 -03 -2000 07:55 6266597766 WATER QUALITV AUTHORITY P.10
days prior to the hearing, to each producer, each city, the watermaster, and any interested party
who files a written request with the authority for notice of any hearing on a new or increased
assessment.
(2) The authority shall also cause notice of the hearing to be posted at least 45 days prior to the
date of the hearing at the entrance to the location where the hearing will be hold and to be
published, pursuant to Section 6066 of the Government Code, in a newspaper of general
circulation printed and published within the boundaries of the authority, if there is one or, if not,
in a newspaper printed and published in Los Angeles County.
(d) Each entity that operates a public water system for retail service within the boundaries of the
authority shall prepare and include with its regular bill for charges sent to its customers a notice
of the hearing at.least 15 days prior to the hearing. The notice shall read as follows:
Notice of Public Hearing
On (date), at (time); at (address),
the Board of Directors of the San Gabriel Basin Water Quality Authority will hold a protest
hearing concerning a proposed pumping right assessment of (amount)
por acre foot of V oundwater produced. If added to the water bill, the assessment would 1it�t gee
egY�&gP•r t#9 g1 gllsto iQt'a b e y amoust;s approximately (amount)
per month.
Registered voters seeking to protest the proposed
assessment shall do so in a written
communication filed.
with the
Authority at
(strAvel adds
lciLl
sta
i e not later than the time
set for the hearing.
Questions
concerning the
assessment or the protest hearing
should be directed
to the
Authority. at
(telephone). Questions concerning
water bills or service
should
be directed to
(water company name contact
and telephone).
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -610. Hearings
Sec. 610. At the time and place set forth in the notice, the board shall conduct the hearing, and
shall consider all objections or protests, if any, to the resolution . refenad to in the notice, and may
continue the hearing from time to time. Upon the conclusion of the hearing, the board may
adopt, revise, reduce, or withdraw the assessment. The board shall make its determination on the
assessment described in the resolution, and the determination is final.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -611. Protests by registered voters
25
08 -03 -2000 07:55 6266597788 WATER QUALITY AUTHORITY P.11
Sec. 611. Any registered voter seeking to protest the adoption or increase of an assessment shall
do so in a written communication filed with the authority not later than the time set for the
hearing. A protest by a registered voter shall include the name and residence address of the
person making the protest and shall be signed and. dated. A protest may be withdrawn at any
time before the determination on the assessment by the board.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -612. Protests representing 50 percent of registered voters; effect on proceedings
Sec. 612. If the board receives protests that are not withdrawn at the time of determination by the
board, which represent 50 percent of the registered voters within the authority, no further
proceedings may be conducted to adopt or increase an assessment until one year from the date of
the initiation of the protest procedure.
(Stats.1992, c. 776 (S.B.1679), § 1.)
§ 134 -613, Protests representing minority of registered voters; effect on proceedings
Sec. 613. If the board receives protests that are not withdrawn at the time of determination by the
board, which represent at least 15 percent, but less than 50 percent, of the registered voters within
the authority, the board may adopt, revise, change, or reduce an assessment, but the adoption or
modification of an assessment is not effective, until approved by a majority of the voters in an
election Meld within the authority.
(Stats.1992, c. 776 (S.B.1679), § 1,)
§ 134 -614. Continued assessments in successive years; hearing; notice
Sec. 614. (a) .If the board imposes an assessment pursuant to Section 605, the board may, by
resolution adopted in accordance with the provisions of Section 609, continue the assessment in
successive years at the same or reduced rate.
(b) Prior to continuing the assessment, the authority shall hold at least one hearing at which
presentations maybe made.
(c) The authority shall cause notice of the intent to adopt the resolution to be published pursuant
to paragraph (2) of subdivision (c) of Section 609, and shall consider any and all objections at the
time and place set forth in the notice.
(d) The board shall, at the time and place set forth in the notice, conduct the hearing and
consider any, objections or protests to the assessment. The board may overntle any and all
objections. The board may, thereafter, adopt, reduce, or withdraw the assessment, pursuant to
26
08 -03 -2000
07:55
6268597786 WATER QUALITY AUTHORITY P.12
the orOVfsions
Of
Section 609.
(e) The determination of the board is final.
(f) This section applies to the continuation of a previously imposed assessment only if the board
does not propose to increase the amount of the assessment.
(Stats.1992,.c. 776 (S.B.1679), § 1.)
§ 134 -615. Pumping rights assessments; rules and regulations;' collection of delinquent
assessments and other charges
Sec. 615. The authority may adopt, by resolution, rules and regulations for the collection of
pumping. rights assessments imposed pursuant to Sections 602 and 605, including, but not
limited to, the imposition of late charges, . penalties, and interest on unpaid assessments. The
authority may bring a suit in any court having jurisdiction against any holder of a prescriptive
pumping right for the collection of any delinquent .pumping rights assessments, late charges,
penalties, or interest.
(Added by Stats.1996, c. 281 (A.B.2173), § 2.)
ARTICLE 7. MISCELLANEOUS
§ 134.701. Dissolution of joint powers authority; pending actions; subsequent actions
Sec. 701. (a) The joint powers authority is dissolved upon the initial election of the city members
pursuant to Section 505. The authority succeeds to all the properties, rights, obligations, and
liabilities of the joint powers authority on the date of its dissolution.
(b) Any and all actions by or against the joint powers authority pending at the time of its -
dissolution may be prosecuted to final judgment by or against the authority.
(c) After the effective date of the dissolution of the joint powers authority, no action may be
brought for or against the dissolved joint powers authority or its commissioners, officers, or
employees, but may be prosecuted by or against the authority.
(Stats.1992, c. 776 (S.B.1679), § 1.)
27
08 -03 -2000 07:56 6258597788 WATER QUALITY AUTHORITY P.13
§ 134 -702. Construction of act
Sec. 702. This act shall be liberally construed to carry out its purposes.
(Stats.1992, c. 776 (S.B.1679), § 1.)
.. .... ...
;se.� Morr
=0
Wool 004-1
60W
L.Zl`
§ 134 -704. Revenues collected from assessments; credit to! obligation for programs
undertaken by federal agency; state grants or loans
Sec. 704. (a) The revenues of the authority collected from the assessment authorized by Section
605 and used by the authority to construct, or contribute to the construction of, capital projects
for the cleanup of any site that has been listed on the National Priorities List established pursuant
to subparagraph (B) of paragraph (8) of Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9605 (8)(B))
and is located within the Main San Gabriel Basin shall be credited to the state's 10 - percent cost
share obligation for capital costs under any program undertaken with the United States
Environmental Protection Agency to clean up the sites.
(b) Nothing in this section precludes the authority from receiving from state agencies grants or
loans for purpose of the cleanup of contaminated groundwater. Any such state grantor loan shall
also be credited to the state's 10-percent cost share obligation.
(Stats.1992, c. 776 (S.B.1679), § 1)
28
08 -03 -2000 07:56 6268597788 WATER QUALITY AUTHORITY P.14
Seegen 491).
SEC. 705. (a) Except as Provided in this section this act shall remain in CiRct only until July 1.
2004, and ado {that date is r peafed unless a later enacted statute, which is enacted before July
1. 2004 deletes or extends that date.
lb) Upon the repeal of this act the board of the authority shall assume a limited function
status In that role the authority may only:
(1) Perform administrative services necessary to carry out the functions and duties that the
aut ortty would otherwise perlQrm relating tot fu, ndin¢ �rzn ntafntenance and repair
of the auth rIU's.groundwaterremediation proiect ,
f,7) Monitor the proe ess of the groundwater remediation.
(2) Receive and disburse funds from those sources indicated in subdivisions fl) and (2) of
Section 401(d) The authority's ability to levy pumping rights assessments pursuant to Sec
4011d)(4) is repealed as oLME 1 1004
(4) Satisfy the oblieations of the authority under any notes or other evidence of indebtedness.
O Enter into separate contracts at the discretion of the board for other outside services
Including but n t limited to professional consulting operating main enacce repair, and
Ceplac ment services nddssuppilu for proiects which have already been constructed and are
operational qL2gq&j 2004
/t51 ( ^nduct leCtions or the elected membem Qfthe board.
(7) Conduct meetings o(& board not less than semiannually, 1Qprforrii the limited functions
of authority. including:
(J) Act upon any other matters within the function of the authority while tt operates under
limited function status.
(B) Perfprm any other izdministradve functions and other duties reasonably necessary to carry
out the limited ,funetionP0 the authority.
29
4' 4 444 4 - ! •�
•.
Y.. _ .. • _._ _.. Y ... •.. ...
... Y. . . ._ . • .. ... •
Y.
si
i -
....... ... - .
A, MAI
PIWl-
•' Y -
30
08 -03 -2000 07:58
6268597768
WATER
QUALITV AUTHORITV
P.17
SFC, 4 No
reimbursement
is required by this act pursuant to Section 6 of Article
XMR of the
California gonstiMliop
because the only
costa that may be
incurred by a 1pcal
agency or school
disirkt will be
incurred
because this act
creates a new crime
or infraction eliminates
a crime or
infraction or
chanecs
the penalty for a
crime or infraction.
within the meaning
of Section 17556
SEC 7 This act is an urPencv statute n cessary for the immediate preservation of the public
peace, healli or safety within the meaning ofArticle IV of the Constitution and shall go into
U necessary that this act 20 Into elect immediately.
..
32
08 -03 -2000 07:58 5268597788 - WATER QUALITY AUTHORITY R,18
.
33
*su.
.
33
08 -03 -2000 07:59 6268597788 WATER QUALITV AUTHORITY P.19
34
WINE-
inq6tuted
limited ffinetien status
waiiant to seetien ;G;,
960, 708. W the Elutherity 66
pt
34
inq6tuted
limited ffinetien status
waiiant to seetien ;G;,
960, 708. W the Elutherity 66
pt
be.
34