California 2013-2014 Regular Session Status: In Committee 1 D cosponsors

AB 2189 — Water replenishment districts: replenishment assessment.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Article XIIID of the California Constitution generally requires that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Article XIIID of the California Constitution. Existing law provides notice, protest, and hearing procedures for the levying of new or increased fees and charges by local government agencies pursuant to Article XIIID of the California Constitution. Existing law, the Water Replenishment District Act, provides for the formation of water replenishment districts and grants authority to a water replenishment district relating to the replenishment, protection, and preservation of groundwater supplies within that district. The act requires the governing board of each district to follow specified procedural processes when determining whether to assess, and the amount of, a replenishment assessment. The act requires the board to hold a public hearing to determine whether and to what extent a replenishment assessment should be levied and for the board to provide public notice of the hearing in each affected county, as specified. The act requires the board, after completing the hearing, to make certain findings and determinations. If the board determines that a replenishment assessment should be levied upon the production of groundwater from groundwater supplies, the act requires the board to fix the replenishment assessment at a uniform rate per acre-foot of groundwater produced. This billD of the California Constitution. The bill"?> would require the board to make the specified findings and determinations before holding the public hearing and would require the board to identify water-producing facilities within the district that would be subject to the proposed replenishment assessment and give written notice by mail to the owners of those water-producing facilities, as specified. By requiring the board to make the specified findings and determinations at an earlier date, this bill would increase the duties of local officials and would impose a state-mandated local program. The bill would authorize an owner of a water-producing facility to submit a written protest opposing the replenishment assessment and would prohibit the board from imposing a replenishment assessment that exceeds the rate of the prior fiscal year, as specified, if a majority protest exists. The bill would prohibit a replenishment assessment from being extended, imposed, or increased under certain conditions. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. From committee without further action.

  2. In committee: Set, second hearing. Held under submission.

  3. In committee: Set, first hearing. Referred to APPR. suspense file.

  4. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 30). Re-referred to Com. on APPR.

  5. Re-referred to Com. on L. GOV.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  7. Referred to Com. on L. GOV.

  8. From printer. May be heard in committee March 23.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on Appropriations.

Passed 5 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5103
Total 5103
% of votes cast 56%11%0%33%
How each member voted (9)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bradford — Not Voting
Rendon — Not Voting
Gordon — Yea
Levine — Nay
Melendez — Yea
Mullin — Not Voting
Waldron — Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2189 do?
Article XIIID of the California Constitution generally requires that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Article XIIID of the California Constitution. Existing law provides notice, protest, and hearing procedures for the levying of new or increased fees and charges by local government agencies pursuant to Article XIIID of the California Constitution. Existing law, the Water Replenishment District Act, provides for the formation of water replenishment districts and grants authority to a water replenishment district relating to the replenishment, protection, and preservation of groundwater supplies within that district. The act requires the governing board of each district to follow specified procedural processes when determining whether to assess, and the amount of, a replenishment assessment. The act requires the board to hold a public hearing to determine whether and to what extent a replenishment assessment should be levied and for the board to provide public notice of the hearing in each affected county, as specified. The act requires the board, after completing the hearing, to make certain findings and determinations. If the board determines that a replenishment assessment should be levied upon the production of groundwater from groundwater supplies, the act requires the board to fix the replenishment assessment at a uniform rate per acre-foot of groundwater produced. This billD of the California Constitution. The bill"?> would require the board to make the specified findings and determinations before holding the public hearing and would require the board to identify water-producing facilities within the district that would be subject to the proposed replenishment assessment and give written notice by mail to the owners of those water-producing facilities, as specified. By requiring the board to make the specified findings and determinations at an earlier date, this bill would increase the duties of local officials and would impose a state-mandated local program. The bill would authorize an owner of a water-producing facility to submit a written protest opposing the replenishment assessment and would prohibit the board from imposing a replenishment assessment that exceeds the rate of the prior fiscal year, as specified, if a majority protest exists. The bill would prohibit a replenishment assessment from being extended, imposed, or increased under certain conditions. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 2189?
AB 2189 is sponsored by Garcia, Robert (Democratic).
What is the current status of AB 2189?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2189?
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