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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 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 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 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 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 97 F AB 2544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 —4— 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. 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -5— AB 2544 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 97 AB 2544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —6— 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 97 F -7— AB 2544 25 26 27 28 29 30 31 32 33 34 35 '— 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 97 _ "TT"- Safi Gabfiel Tiffee •- \ • • The • appointed The ■ 12 Et stteeessaf: is duly aPI-1--t-1-ft-d. \• _ �/ 25 26 27 28 29 30 31 32 33 34 35 '— 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 97 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 06 -03 -2000 07:39 6268597788 WATER QUALITY AUTHORITY P.06 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.) 3 06 -03 -2000 07:40 6268597788 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: P.07 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 4 08- 03 -20eO 07:40 6268597788 WATER QUALITY AUTHORITY P.08 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; 5 08 -03 -2000 07:41 6258597788 WATER QUALITY AUTHORITY P.09 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; 6 08 -03 -2000 07:41 6258597788 WATER QUALITY AUTHORITY P.10 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,) 08 -03 -2000 07:42 6268597788 WATER QUALITY AUTHORITY P.11 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 8 08 -03 -2000 07:42 5268597788 WATER QUALITY AUTHORITY P.12 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,) 4 08- 03 -20eO 07:42 6268S97786 WATER QUALITY AUTHORITY P.13 § 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.) 10 06 -03 -2000 07:43 6268597786 WATER QUALITY AUTHORITY P.14 § 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.) 1 06 -03 -2000 07:43 6266597708 WATER QUALITY AUTHORITY P.15 § 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. 12 ' 08 -03 -2000 07:44 6268597788 WATER QUALITY AUTHORITY P.16 (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 13 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 13 06 -03 -2000 07:44 6268597736 WATER QUALITV AUTHORITV P.17 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) 14 08 -03 -2000 07:45 6268597788 WATER QUALITY AUTHORITY P.18 § 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.) is 08- e3 -2eee 07:45 6268597788 WATER QUALITY AUTHORITY P.19 § 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.) 16. 08- 03 -2eee 07 51 6258597766 WATER QUALITY AUTHORITY P.02 § 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. 17 08 -03 -2000 07:51 6268597788 WATER QUALITY AUTHORITY P.03 (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.) 19 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