CC - Item 3C - San Gabriel Basin Water Quality Authority- Opposen
staf epor
TO: HONORABLE MAYOR
AND MEMBERS
VIIANK 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.treatmentprnjects
• 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.
RECOM-IM JNDATION:
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,
IT-~ncq tkgo. C
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 A132544, unless amended. As currently written, AB 2544 fails to address and
specify that: clean-up treatment projects of water 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.
MAYOR
CITY CLERK
AB' 2544 Assembly Bill - Status Page 1 of 1
CURRENT BILL STATUS
MEASURE : A.B. No. 2544
AUTHOR(S) 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.
http://www.leginfo.ca:goxLpub/bill/asnVab_2501-2550/ab_2544_bill_20000517_status.html
AB 2544 Assembly Bill - History Page 1 of 1
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
BILL HISTORY -
2000
May 17 Read second time and amended.
May 16 From committee: Amend, do pass as amended, and re-refer to Corn. 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.
n ://~,Panfa.Ieginfo.;a.gov/pubibill/asm/ab_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
Introduced by Assembly Member Calderon
February 24, 2000
No. 2544
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
97
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 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
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
97
-3- AB 2544 '
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 ` alifomia ^anstit •tie-
the state te reimburse leeal b
stafewide easts eed $1,000,090.
This bill would pfevide that with f:egafd to eertain.
mandates no feimbursefnent is required by this aet for a
fied
feasatt.
With i!egafd to anyothef mandates, this bill would provide
that, if e-Gemmissien-en State Mandates Bete nines
the bill so fnandated by the State-
feimbufsefnent faf these eests shall be made pafsuant to the
- vote: --majority. Appropriation: no. Fiscal committee: -yes.- -
State-mandated local program: yes.
The people of the State of California do enact as follows:
I 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
97
AB 2544 -4-
I authority with a statement, under penalty of perjury,
2 certifying all of the following:
3 (1) That the producer operates a public water system
4 located within the boundaries of the authority.
5 (2) As part of that public water system, the producer
6 plans to pump and treat water from a contaminated well
7 or wells located within one or more of the operable units
8 identified in the authority's basinwide plan adopted
9 pursuant to Section 406.
10 (3) The quantity of water the producer plans to pump
11 and treat from the well or wells, during the ensuing fiscal
12 year.
13 (4) That the water to be pumped and treated from the
14 well or wells will be treated to meet all applicable safe
15 drinking water standards in accordance with the
16 requirements of the State Department of Health Services
17 and any other entity having jurisdiction.
18 (b) The amount of the exemption shall equal the
19 quantity specified pursuant to paragraph (3) of
20 subdivision (a) multiplied by the assessment rate per
21 acre-foot of prescriptive pumping right adopted pursuant
22 to Sections 605 and 606.
23 (c) Within 60 days after the end of the fiscal year for
24 which the exemption applies, the producer shall report to
25 the authority the quantity of water pumped and treated
26 from the well or wells. If that is less than the quantity
-----27 --specified--pursuant- to- paragraph--(3)- of subdivision- -(a),
28 the producer shall pay the authority the applicable
29 assessment based on the amount of the difference.
30 SEC. 2. Section 607.1 is added to the San Gabriel Basin
31 Water Quality Authority Act (Chapter 776 of the Statutes
32 of 1992), to read:
.33 - Sec. 607.1. The authority shall reduce the total
34 amount of assessment adopted pursuant to Section 606 by
35 an amount equal to moneys received from any federal,
36 state, or govemmental agency or from any person or
37 entity pursuant to legal action or proposed legal action,
38 as described in Section 407.
97
F
5- AB 2544
1 SEC. 3. Section 706 of the San Gabriel Basin Water
2 Quality Authority Act (Chapter 776 of the Statutes of
3 1992) is amended to read:
4 Sec. 706. (a) Except as provided in this section, this
5 act shall remain in effect only until July 1, 2002, and as of
6 that date is repealed, unless a later enacted statute, which
7 is enacted before July 1, 2002, deletes or extends that date.
8 (b) Upon the repeal of this act, the assets and debts of
9 the authority shall be administered as follows:
10 (1) The Los Angeles Regional Water Quality Control
11 Board shall be deemed to be the successor. agency of the
12 authority for the purposes of receiving any funds or
13 property that the authority is authorized by law to
14 receive from any federal, state, or other governmental
15 agency or from any person or entity pursuant to legal
16 action or proposed legal action, as described in Section
17 407. The regional board shall conduct public hearings to
18 receive recommendations with regard to the
19 expenditure of those funds.
20 (2) The Los Angeles Regional Water Quality Control
21 Board shall dispose of the property and assets as
22 appropriate. The Los Angeles Regional Water Quality
23 Control Board shall receive reimbursement as fellows!
24 (A) Fer for the actual costs incurred related to the
25 disposition of the property and assets.
26
27
28
29 legal 30 aetion, as desefi ed in Seetion 407
31 The cost recovery shall be from the proceeds of the
32 disposition pursuant to this section. The proceeds, if any,
33 shall be transferred to the Treasurer to be applied to pay
34 the debts of the authority and, if_ any proceeds remain,
35 shall be transferred to the Treasurer for deposit in the San
36 Gabriel Valley Basin Eleanep Fufld to w a a
37 and disbursed in aeeerdanee with theme- of the
38
39
40 in the basin for bene`ieift' us-e deposit in the Hazardous
97
AB 2544 -6
1 Substance Cleanup Fund. The highest priority for the
2 expenditure of funds deposited in the Hazardous
3 Substance Cleanup Fund pursuant to this subdivision
4 shall be to treat water that is a potential source of drinking
5 water for the purposes of meeting drinking water
6 standards. Preference shall be given in the disposition of
7 assets of the authority to transfers to producers who may
8 be able to use the assets for the benefit of water
9 distribution systems and to provide for continued
10 operation and maintenance of the assets in order to
11 further the purposes of this act.
12 (2) The Treasurer shall administer the payment of
13 debts of the authority. The Treasurer shall apply the
14 proceeds from the disposition of assets to the payment of
15 the debts. If debts remain after application of the
16 proceeds from disposition of assets, the Treasurer may
17 continue to collect, in lieu of the authority, the pumping
18 right assessments authorized under either (A) Section
19 602 if the debt relates to administrative costs or (B)
20 Section 605 if the debt is to repay warrants, notes, bonds,
21 and other evidences of indebtedness, or both, to make
22 payments pursuant to leases or installment sale
23 agreements in connection - with certificates of
24 participation, to pay for operation and maintenance costs
25 of facilities, and to make payments pursuant to any other
26 financial obligations. All provisions set forth in Article 6
27- -(commencing- with-Section 601)relating -to the-levy and
28 collection of the pumping right assessments are not
29 repealed and shall continue in effect until the debts of the
30 authority are paid, as determined by the Treasurer, who
31 shall notify the Secretary of State. Upon receipt by the
32 Secretary of State of the Treasurer's notice, Article 6
33 (commencing with Section 601) is repealed. The
34 Treasurer's authority to levy and collect assessments
35 under this act is-limited according to the provisions of this
36 act and shall cease when all debts of the authority have
37 been paid.
38
39 purpose of deteffiiinitig the use of Rinds deposited -in the
97
-7- AB 2544 '
1
2
San Gabfiel
Valley Basin Gea
ftep Fund. The advisafy
3
4
5
distfiets.
6
7
BasinWatefm
G
Th
aster.
9ffi
E
ti
f th
L
A
l
8
9
(
)
e
Regional Wat
Th
d
i
eef
xeeu
ye
ef Quality Centre! Be
M
i
o
e
es
nge
es
ffE17
b
h
ll b
i
t
d
10
e a
v
s
afy eenw
ss
en fne
ffi
ers s
a
e appo
n
e
11
12
13
14
15
16
17
f
.t:... ..1:_:_..t,
1
n
f
e
8
19
20
2
1
.:A.:.,
h
l:,... 6
f S
i
g
f A..ti
VTTT D ,.V L6
l
1
22
23
t
e m
C-Edifafnia
H
-
ee
, o
ean
n
.
ifh
4
S
t
e
o
e
e
E
17610
th
24
owever
,
G
t
snatng
=1e
w
s
if th
G
-
d
G
ee
ten
e
e
- , State M
:
i
d
t
2
eveennen
e
aff
r
e,
e
an
ss
e
a
es
5
26
27-
f
. dist`i
t
th
h
ll b
t'
. -
q _7
t- t
P
d
2
af
e
s
s
a
ese as
e
o
fL
ffla
e pufsuaft
8
29
f th
2
G
e
TF
" t E
d
th
f •~-e
t
t
id
t
e
o
e
i
f
l
e.
e
yefnffle
-
i
bu
t l
e s
o
a
ew
e ees
t
6
illi
30
m
ef
e
a
ees
e
m
Lsemen
eftem
no
exeee
en
31
32
33
34
35
36
37
38
39
40
the State Man
SEC. 4. -
pursuant to
Constitution
by a local
because this
eliminates a
for a crime
17556 of the
dates m'aim' Fund
No reimbursement is required by this act
Section 6 of Article XIII B of the California
because the only costs that may be incurred
agency or school district will be incurred
act creates a new crime or infraction,
crime or infraction, or changes the penalty
or infraction, within the meaning of Section
Government Code, or changes the definition
97
AB 2544 -8-
I of a crime within the meaning of Section 6 of Article
2 XIII B of the California Constitution.
O
97