HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 03/11/2011EastValley
Water District
LEGISLATIVE COMMITTEE
Date: March 11, 2011
Time: 8:00 a.m.
Place: 3654 E. Highland Ave, Suite 12
Highland, CA 92346
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. Public Comments.
2. Review and discussion regarding the State Legislative Session.
3. Review and discussion regarding the Santa Ana Sucker Fish critical habitat.
ADJOURN
-------------------------------------------------------------------
Pursuant to Government Code Section 54954.2(a), any request for a disability - related
modification or accommodation, including auxiliary aids or services, that is sought in order to
participate in the above - agendized public meeting should be directed to the District's
Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting.
------------------------------- -------------- ----------- - - -- --
East Valley Water District
2011 -12 Session, First Year - 3/4/2011
AB 19 (Fong D) Building standards: water meters: multiunit structures.
Introduced: 12 /6/2010
Status: 1/24/2011- Referred to Coms. on W., P. & W. and H. & C.D.
Is Urgency: N
Is Fiscal: Y
Location: 12/6 /2010 -A. PRINT
Summary: The Water Measurement Law requires every water purveyor to require, as a condition of
new water service on and after January 1, 1992, the installation of a water meter to measure water
service. That law also requires urban water suppliers to install water meters on specified service
connections, and to charge water users based on the actual volume of deliveries as measured by
those water meters in accordance with a certain timetable. This bill would require a water purveyor
that provides water service to a multiunit residential structure or mixed -use residential and commercial
structure that is subject to specified building standards, to either adopt a general policy to require the
installation of either a water meter, as defined, or a submeter, as defined, to measure water supplied
to each individual dwelling unit, or to inform, on an individual basis, an applicant for new water service
as to whether a water meter or submeter is required to be installed for each individual dwelling unit.
The bill would require the owner of the structure to ensure that a water submeter installed for these
purposes complies with laws and regulations governing installation, approval of meter type,
maintenance, reading, billing, and testing of water submeters. This bill contains other related
provisions and other existing laws.
Laws: An act to add Section 17922.14 to the Health and Safety Code, and to add Chapter 8.5
(commencing with Section 537) to Division 1 of the Water Code, relating to water.
AB 5 (Solorio D) Drinking water.
Introduced: 12 /6/2010
Status: 1/24/2011- Referred to Corns. on L. GOV. and E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 1/24/2011 -A. L. GOV.
Summary: Existing law, the California Safe Drinking Water Act, requires the State Department of
Public Health to administer provisions relating to the regulation of drinking water to protect public
health, including, but not limited to, conducting research, studies, and demonstration programs
relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe
Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to
assess the quality of water in domestic water supplies. This bill would allow the department to issue a
letter of no prejudice, as defined, to a public water system that is a lead applicant for a project that
may be funded by the Safe Drinking Water Revolving Fund and would make expenditures related to
the project reimbursable in specified circumstances. This bill contains other related provisions and
other existing laws.
Laws: An act to amend Sections 56375 and 56430 of the Government Code, and to add Section
116760.65 to the Health and Safety Code, relating to drinking water.
AB 148 (Smyth R) Local government: ethics training: disclosure.
Introduced: 1/14/2011
Last Amend: 3/2/2011
Status: 3/3/2011 -Re- referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -A. L. GOV.
Summary: Existing law, for purposes of ethics training for officers and employees of a local
government, defines the term ethics laws to include, among others, laws relating to government
transparency. This bill would additionally define the term ethics laws to include compensation setting
guidelines as established by specified organizations. This bill contains other related provisions and
other existing laws.
Laws: An act to amend Sections 53234 and 53235.2 of, and to add Section 53232.5 to, the
Government Code, relating to local government.
AB 15.t (Jejfrie R) Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Introduced: 1/19/2011
Status: 2/24/2011- Referred to Corns. on W., P. & W. and E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 1/19 /2011 -A. PRINT
Summary: Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012,
which, if approved by the voters at the November 6, 2012, statewide election, would authorize the
issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond
Law to finance a safe drinking water and water supply reliability program. This bill would reduce by
25% the total amount of bonds authorized to be issued pursuant to the Safe, Clean, and Reliable
Drinking Water Supply Act of 2012, and would make conforming reductions to amounts specified to be
allocated from these bond funds for certain purposes. This bill contains other related provisions.
Laws: An act to amend Sections 79720, 79720.1, 79720.2, 79720.3, 79720.4, 79720.6, 79721, 79722,
79723, 79731, 79740, 79750, 79755, 79756, 79757, 79758, 79759, 79759.5, 79760, 79760.5, 79770,
79780, 79781, 79784, 79810, and 79824 of the Water Code, and to amend Section 8 of Chapter 126
of the Statutes of 2010, relating to the Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
AB 24Q (Wieckowski D) Water quality: enforcement.
Introduced: 2/3/2011
Status: 3/3/2011- Referred to Corns. on JUD. and E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 3/3 /2011 -A. IUD.
Summary: The Porter - Cologne Water Quality Act authorizes each California regional water quality
control board to delegate certain powers to its executive officer. That authorization, except as
specified, excludes the delegation to its executive officer of the power of application to the Attorney
General for judicial enforcement. This bill would delete that exclusion, and, instead, specifically
authorize a regional board, commencing January 1, 2012, to delegate to its executive officer the
authority to apply for judicial enforcement to the Attorney General, a district attorney, a city attorney
of a city with a population that exceeds 750,000, or a city attorney for a city and county. This bill
contains other related provisions and other existing laws.
Laws: An act to amend Sections 13223, 13350, 13361, 13385, and 13386 of the Water Code, relating
to water quality.
AB 392 (Aleio D) Ralph M. Brown Act: posting agendas.
Introduced: 2/14/2011
Status: 3/3/2011- Referred to Corns. on L. GOV. and G.O.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -A. L. GOV.
Summary: Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a
local agency to be conducted openly and publicly, with specified exceptions. Existing law requires that
the legislative body of a local agency post an agenda, as specified, at least 72 hours before a regular
meeting of that body, and prohibits the legislative body from acting on or discussing any item not
appearing on the agenda, except as provided. This bill would additionally require the legislative body
of the local agency, at least 72 hours before a regular meeting of that body, to post the writings that
relate to an agenda item for the open session of that regular meeting. This bill would require the
legislative body to post the agenda and the writings on its Internet Web site, if any, as specified. The
bill would repeal the procedure for the disclosure of any writings that are distributed less than 72
hours prior to the meeting and would instead prohibit the legislative body from acting on or discussing
an item on the agenda for which a related writing was not properly disclosed at least 72 hours prior to
the meeting, except as provided. By expanding the duties of local agencies, this bill would impose a
state - mandated local program. This bill contains other related provisions and other existing laws.
Laws: An act to amend Sections 54954.2 and 54957.5 of the Government Code, relating to public
meetings.
AB 403 (Campos D) Public drinking water standards: hexavalent chromium.
Introduced: 2 /14/2011
Status: 2/24/2011- Referred to Com. on E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2011 -A. E.S. &T.M.
Summary: The Calderon -Sher Safe Drinking Water Act of 1996 requires the State Department of
Public Health to, among other things, adopt regulations relating to primary and secondary drinking
water standards for contaminants in drinking water. Existing law requires the department to establish
a primary drinking water standard for hexavalent chromium on or before January 1, 2004. Violation of
certain provisions relating to public water systems is a crime. This bill would require the department to
establish a primary drinking water standard for hexavalent chromium on or before January 1, 2013,
and would, if a standard is not adopted by that date, make the public health goal set by the Office of
Environmental Health Hazard Assessment as of January 1, 2011, the applicable standard. By
expanding the definition of a crime, this bill would impose a state - mandated local program. This bill
contains other related provisions and other existing laws.
Laws: An act to amend Section 116365.5 of the Health and Safety Code, relating to drinking water
standards.
AB 531 (Olsen R) Groundwater.
Introduced: 2/15/2011
Status: 2/16 /2011 -From printer. May be heard in committee March 18.
Is Urgency: N
Is Fiscal: N
Location: 2/15 /2011 -A. PRINT
Summary: Existing law relating to groundwater management declares the intent of the Legislature to
encourage local agencies to work cooperatively to manage groundwater resources within their
jurisdictions, and makes related legislative findings and declarations. This bill would make technical,
nonsubstantive changes to those legislative findings and declarations.
Laws: An act to amend Section 10750 of the Water Code, relating to groundwater.
AB 551 (Huber D) Sacramento -San Joaquin Delta: peripheral canal.
Introduced: 2/16/2011
Status: 2/17 /2011 -From printer. May be heard in committee March 19.
Is Urgency: N
Is Fiscal: N
Location: 2/16 /2011 -A, PRINT
Summary: Existing law requires various state agencies to administer programs relating to water
supply, water quality, and flood management in the Sacramento -San Joaquin Delta. This bill would
prohibit the construction of a peripheral canal, as defined, that conveys water from a diversion point in
the Sacramento River to a location south of the Sacramento -San Joaquin Delta, unless expressly
authorized by the Legislature. The bill would require the Legislative Analyst's Office to complete an
economic feasibility analysis prior to the enactment of a statute authorizing the construction of a
peripheral canal. The bill would prohibit the construction and operation of a peripheral canal from
diminishing or negatively affecting the water supplies, water rights, or quality of water for water users
within the Sacramento -San Joaquin Delta watershed, or imposing any new burdens on infrastructure
within, or financial burdens on persons residing in, the Delta or the Delta watershed.
Laws: An act to add Chapter 1.5 (commencing with Section 115) to Division 1 of the Water Code,
relating to the Sacramento -San Joaquin Delta.
AS 57S (Dickinson D) Delta Stewardship Council: planning and administration: fee.
Introduced: 2/16/2011
Status: 3/3/2011- Referred to Com. on W., P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 2/16 /2011 -A. PRINT
Summary: The Sacramento -San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship
Council, and requires the council, on or before January 1, 2012, to develop, adopt, and commence
implementation of a comprehensive management plan for the Sacramento -San Joaquin Delta (Delta
Plan), meeting specified requirements. This bill would require the council, by March 31, 2012, to adopt
a fee on water supply contractors of the State Water Project and the federal Central Valley Project to
fund a portion of the planning and administrative costs of the council.
Laws: An act to add Section 85215 to the Water Code, relating to the Sacramento -San Joaquin Delta.
AS 62'7 (Berryhill. Bill R) State Water Resources Development System: annual report.
Introduced: 2/16/2011
Status: 2/17 /2011 -From printer. May be heard in committee March 19.
Is Urgency: N
Is Fiscal: N
Location: 2/16 /2011 -A. PRINT
Summary: Existing law requires the Department of Water Resources to prepare, and submit to the
fiscal committees of the Legislature, an annual report relating to the budget for the State Water
Resources Development System, and prescribes the information to be included in the annual report.
This bill would make technical, nonsubstantive changes to this requirement.
Laws: An act to amend Section 147 of the Water Code, relating to the State Water Resources
Development System.
AB 646 (Atkin @ D) Local public employee organizations: impasse procedures.
Introduced: 2/16/2011
Status: 2/17 /2011 -From printer. May be heard in committee March 19.
Is Urgency: N
Is Fiscal: Y
Location: 2/16/2011 -A. PRINT
Summary: The Meyers - Milias -Brown Act contains various provisions that govern collective bargaining
of local represented employees, and delegates jurisdiction to the Public Employment Relations Board
to resolve disputes and enforce the statutory duties and rights of local public agency employers and
employees. The act requires the governing body of a public agency to meet and confer in good faith
regarding wages, hours, and other terms and conditions of employment with representatives of
recognized employee organizations. Under the act, if the representatives of the public agency and the
employee organization fail to reach an agreement, they may mutually agree on the appointment of a
mediator and equally share the cost. If the parties reach an impasse, the act provides that a public
agency may unilaterally implement its last, best, and final offer. This bill would delete the authorization
for the public agency to implement its last, best, and final offer in the event of an impasse. The bill
would instead provide that if the parties fail to reach an agreement, either party may request that the
board appoint a mediator, and would require the board, if it determines that an impasse exists, to
appoint a mediator at the board's expense. This bill contains other related provisions.
Laws: An act to amend Sections 3505 and 3505.2 of, to add Section 3505.5 to, and to repeal and add
Section 3505.4 of, the Government Code, relating to local public employee organizations.
AB 68.E (fag D) State water policy.
Introduced: 2/17/2011
Status: 3/3/2011- Referred to Com. on W., P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 2/17 /2011 -A. PRINT
Summary: Existing law establishes various state water policies, including the policy that the use of
water for domestic purposes is the highest use of water. This bill would declare that it is the
established policy of the state that every human being has the right to clean, affordable, and
accessible water for human consumption, cooking, and sanitary purposes, that is adequate for the
health and well -being of the individual and family. The bill would require all relevant state agencies,
including the Department of Water Resources, State Water Resources Control Board, and State
Department of Public Health, to employ all reasonable means to implement this state policy. Those
state agencies would be required to revise, adopt, or establish policies, regulations, and grant criteria
to further this state policy, to the extent that those actions do not affect eligibility for federal funds.
Laws: An act to add Section 106.3 to the Water Code, relating to water.
AB 93,$ (V. Manuel Perez D) Public water systems.
Introduced: 2 /18/2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Urgency: N
Is Fiscal: Y
Location: 2/18 /2011 -A. PRINT
Summary: Existing law, the California Safe Drinking Water Act, requires the State Department of
Public Health to administer provisions relating to the regulation of drinking water to protect public
health, including, but not limited to, conducting research, studies, and demonstration programs
relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe
Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to
assess the quality of water in domestic water supplies. This bill would add environmental
documentation to the costs of a single project that the department is required to determine by an
assessment of affordability. This bill contains other related provisions and other existing laws.
Laws: An act to amend Sections 116450 and 116761.23 of the Health and Safety Code, relating to
drinking water.
AB 97Z (Harkey R) Water.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Urgency: N
Is Fiscal: N
Location: 2/18 /2011 -A. PRINT
Summary: Existing law requires there to be incorporated in the planning and construction of any
physical structure to provide for the conservation, storage, regulation, transportation, or use of water,
constructed by the state itself or by the state in cooperation with the United States, features,
including, additional storage capacity, that the Department of Water Resources determines necessary
or desirable for the preservation of fish and wildlife, and necessary or desirable to permit, on a year -
round basis, full utilization of the project for the enhancement of fish and wildlife and for recreational
purposes to the extent that those features are consistent with other uses of the project, if any. In
making this determination, existing law requires the department to give full consideration to any
recommendations that may be made by the Department of Fish and Game, the Department of Parks
and Recreation, the Department of Boating and Waterways, any federal agency, and any local
governmental agency with jurisdiction over the area involved. This bill would make technical,
nonsubstantive changes in this provision.
Laws: An act to amend Section 11910 of the Water Code, relating to water.
ACAXI 1 (Portantino D) State finance reform.
Introduced: 12 /6/2010
Status: 12/7 /2010 -From printer.
Is Urgency: N
Is Fiscal: Y
Location: 12/6 /2010 -A. PRINT
Summary: Existing provisions of the California Constitution provide that the electors may propose
statutes or amendments to the California Constitution by initiative and approve or reject statutes by
referendum. The California Constitution also provides that the Legislature may propose both
amendments and revisions to the California Constitution to the electors, and may enact statutes by
passing bills. This measure would, until January 1, 2020, prohibit an initiative measure from being
submitted to the electors or from having any effect if the initiative measure appropriates state funds
for any purpose in an amount exceeding the amount appropriated for that purpose for the 2004 -05
fiscal year by more than $250,000 unless the measure provides for additional state revenue or
offsetting savings in a total amount that is not less than the amount of the appropriation. This bdl
contains other related provisions.
Laws: A resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by adding and repealing Section 8.5 of Article II thereof, by adding and
repealing Section 8.5 of Article IV thereof, and by adding and repealing Section 1.2 of Article XVI
thereof, relating to state finance.
SB 27 (Simitian D) Public retirement: final compensation: computation: retirees.
Introduced: 12 /6/2010
Last Amend: 3/3/2011
Status: 3/3 /2011 -From committee with author's amendments. Read second time and amended. Re-
referred to Com. on P.E. & R.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -5. P.E. & R.
Summary: The State Teachers' Retirement Law (STRL) establishes the Defined Benefit Program of the
State Teachers' Retirement System, which provides a defined benefit to members of the system based
on final compensation, credited service, and age at retirement, subject the certain variations. STRL
also establishes the Defined Benefit Supplement Program, which provides supplemental retirement:,
disability, and other benefits, payable either in a lump -sum payment, an annuity, or both to members
of the State Teachers' Retirement Plan. STRL defines creditable compensation for these purposes as
remuneration that is payable in cash to all persons in the same class of employees, as specified, for
performing creditable service. This bill would revise the definition of creditable compensation for these
purposes and would identify certain payments, reimbursements, and compensation that are creditable
compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit one
employee from being considered a class. The bill would revise the definition of compensation with
respect to the Defined Benefit Supplemental Program to include remuneration earnable within a 5-
year period, which includes the last year in which the member's final compensation is determined,
when it is in excess of 125% of that member's compensation earnable in the year prior to that 5 -year
period, as specified. The bill would prohibit a member who retires on or after January 1, 2013, who
elects to receive his or her retirement benefit under the Defined Benefit Supplemental Program as a
lump -sum payment from receiving that sum until 180 days have elapsed following the effective date of
the member's retirement. This bill contains other related provisions and other existing laws.
Laws: An act to amend Sections 22112.5, 22119.2, 22461, 22905, 25009, 26302, and 26505 of, to
amend, repeal, and add Sections 24214.5 and 26806 of, and to add Section 26307 to, the Education
Code, and to amend Sections 20221, 20630, 20636, 20636.1, and 21220 of, and to add Section
21220.3 to, the Government Code, relating to public retirement systems.
SB 34 (Simitian D) Water infrastructure projects: fees.
Introduced: 12 /6/2010
Status: 1/20/2011- Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 1 /20/2011 -5. RLS.
Summary: Under existing law, various water infrastructure projects are undertaken by federal, state,
and local public agencies in the Sacramento -San Joaquin Delta and in other parts of the state. This bill
would declare the intent of the Legislature to enact legislation to develop a fee -based system to pay
for costs associated with updating and modernizing water infrastructure projects in the state. The bill
would express legislative intent with respect to the imposition of the fees and use of the fee
revenues.
Laws: An act to add Part 10 (commencing with Section 12996) to Division 6 of the Water Code,
relating to water.
S646 (Correa D) Local government: compensation disclosure.
Introduced: 12 /9/2010
Status: 2/19 /2011 -Set for hearing March 16.
Is Urgency: N
Is Fiscal: Y
Location: 1/20/2011 -5. G. & F.
Calendar: 3/16/2011 9:30 a.m. - John L. Burton Hearing Room (4203) SENATE GOVERNANCE ANC
FINANCE, WOLK, Chair
Summary: Existing law provides for the compensation of local government officers and employees, as
specified. This bill would require filers, as defined, to annually file a compensation disclosure form, as
specified. This bill would require the Secretary of State to develop the form, which would provide for
the disclosure of, among other things, salaries and stipends, automobile and equipment allowances,
and incentive and bonus payments. This bill would also require a county, city, city and county, school
district, special district, or joint powers agency that maintains an Internet Web site to post the
information contained on the filed form on that Internet Web site, as specified. The bill would
authorize a district attorney or any interested person to commence an action by mandamus to enforce
the provisions of the bill, as specified. The duties imposed on local departmental agencies by the bill
would create a state - mandated local program. This bill contains other related provisions and other
existing laws.
Laws: An act to add Section 53060.2 to the Government Code, relating to local government.
SB 115 (Strickland R) Public employees: pensions: forfeiture.
Introduced: 1/19/2011
Status: 2/10/2011- Referred to Com. on P.E. & R.
Is Urgency: N
Is Fiscal: Y
Location: 2/10/2011 -5. P.E. & R.
Summary: Existing law provides that any elected public officer who takes public office, or is reelected
to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out
of his or her official duties, forfeits all rights and benefits under, and membership in, any public
retirement system in which he or she is a member, effective on the date of final conviction, as
specified. This bill would additionally require a public officer or employee who is convicted of any felony
for conduct arising directly out of his or her official duties on or after January 1, 2012, to forfeit all
rights and benefits under, and membership in, any public retirement system in which he or she is a
member, effective on the date of final conviction. That public officer or employee would forfeit only that
portion of his or her rights and benefits that accrued on or after January 1, 2012. The bill would
require any contributions made by that public officer or public employee to the public retirement
system that arose directly from or accrued solely as a result of his or her forfeited service would be
returned to the public officer or public employee without interest.
Laws: An act to add Section 1244 to the Government Code, relating to public employees.
SB IS (Kehoe D) The Controller.
Introduced: 2/7/2011
Status: 2/19/2011-Set for hearing March 16.
Is Urgency: N
Is Fiscal: Y
Location: 2/17/2011 -5. G. & F.
Calendar: 3/16/2011 9:30 a.m. - John L. Burton Hearing Room (4203) SENATE GOVERNANCE AND
FINANCE, WOLK, Chair
Summary: Existing law authorizes the Controller to appoint a qualified accountant to make an
investigation and to obtain the information required for the annual report of financial transactions.
This bill would authorize the Controller to exercise discretionary authority to perform an audit or
investigation of any county, city, special district, or redevelopment agency, if necessary, to ensure
compliance with state law, grant agreements, local ordinances, and to determine fiscal viability. This
bill would require the Controller to prepare a report of the results of the audit or investigation and to
file a copy with the local legislative body. This bill would also provide that specified costs incurred by
the Controller shall be borne by the county, city, or redevelopment agency and state that
reimbursements collected, upon appropriation to the Controller, be available to offset costs of
enforcing this provision.
Laws: An act to amend Section 12464 of the Government Code, relating to the Controller.
S820 (Wolk D) State water facilities: Sacramento -San Joaquin Delta: Delta conveyance facility.
Introduced: 2/8/2011
Status: 2/17/2011- Referred to Corns. on N.R. & W. and E.Q.
Is Urgency: N
Is Fiscal: Y
Location: 2/17/2011 -5. N.R. & W.
Summary: The United States Bureau of Reclamation operates the federal Central Valley Project and
the Department of Water Resources operates the State Water Resources Development System,
known as the State Water Project, to supply water to persons and entities in the state. This bill would
prohibit the construction of a new Delta conveyance facility, as defined, unless specified conditions are
met, including (A) the adoption of an agreement by the Department of Water Resources and the
Department of Fish and Game that specifies the stages of construction of the new Delta conveyance
facility and (B) the establishment plans and agreements for the construction of specified water
facilities and implementation of specified water programs meeting prescribed conditions as part of the
state Central Valley Project. The bill would prohibit the transportation of water for the federal Central
Valley Project through state project facilities, with specified exceptions, unless certain conditions are
met. This bill contains other related provisions and other existing laws.
Laws: An act to amend Section 11460 of, to add Sections 11108, 11109, 11110, 11111, 11456,
11457, 11458, and 11915.2 to, and to add Article 9.4 (commencing with Section 11259) to Chapter 2
of Part 3 of Division 6 of, the Water Code, relating to water.
SB 496 (Fuller R) State Water Resources Development System.
Introduced: 2 /17/2011
Status: 3/3/2011- Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/3 /2011 -S. RLS.
Summary: The Department of Water Resources operates the State Water Resources Development
System, commonly referred to as the State Water Project, in accordance with the California Water
Resources Development Bond Act. This bill would make technical, nonsubstantive changes to a
provision that authorizes the issuance of bond funds in the amount of $1,750,000,000 for the
purposes of that bond act.
Laws: An act to amend Section 12935 of the Water Code, relating to water resources.
SB 57; (Wolk D) California Water Commission: master plan for financing and developing water
resources: state - funded projects and programs.
Introduced: 2/17/2011
Status: 3/3/2011- Referred to Com. on N.R. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -S. N.R. & W.
Summary: Existing law establishes the California Water Commission in the Department of Water
Resources and requires the commission to conduct an annual review of the progress and operation of
the State Water Project and to carry out various other related functions. This bill would require the
commission on or before January 1, 2013, to develop a master plan for financing and developing water
resources in the state, including specified assessments and recommendations. The bill would require
the commission to update the master plan every 5 years. The bill would require the commission to
annually review and audit the award of state funds for water resources projects and programs; to
develop, consistent with the master plan, a prioritized list of projects and programs relating to water
supply, water quality, water conservation, water use efficiency, ecosystem and watershed restoration,
and integrated regional water management planning and implementation, for purposes of awarding
state financial assistance for those projects and programs; and to establish guidelines for the award
of state financial assistance allocated for integrated regional water management plans, as specified.
The bill would also declare legislative intent that the commission be given authority to allocate
specified state funds for water resources projects and programs.
Laws: An act to amend Section 10546 of, and to add Sections 167 and 168 to, the Water Code,
relating to the California Water Commission.
SB 71,0 (La Malfa R) State Water Project.
Introduced: 2/18/2011
Status: 3/3/2011- Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/3/2011 -S. RLS.
Summary: Under existing law, the Department of Water Resources operates the State Water Project
and exercises other functions relating to the state's water resources. Existing law authorizes the
department to enter into contracts and agreements in connection with the State Water Project. This
bill would state the intent of the Legislature to enact legislation that would address costs to local
governments caused by State Water Project operators.
Laws: An act relating to water.
SB 834 (Wolk D) Integrated regional water management plans: contents.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be acted upon on or after March 22.
Is Urgency: N
Is Fiscal: N
Location: 2/18 /2011 -S. PRINT
Summary: The Integrated Regional Water Management Planning Act of 2002 authorizes a regional
water management group, as defined, to prepare and adopt an integrated regional water
management plan. The act requires an integrated regional water management plan to address
specified water quality and water supply matters. This bill would additionally require an integrated
regional water management plan to demonstrate the manner in which the plan complies with a
specified state policy concerning reducing reliance on the Sacramento -San Joaquin Delta for water
supply and improving regional self - reliance for water, if the region covered by the plan receives water
supply that originates in the Sacramento -San Joaquin Delta, as defined.
Laws: An act to amend Section 10540 of the Water Code, relating to water.
Total Measures: 26
Total Tracking Forms: 26
A6 22 (Mendoza D) Employment: credit reports.
Introduced: 12 /6/2010
Last Amend: 3/8/2011
Status: 3/9/2011 -Re- referred to Com. on JUD.
Is Fiscal: Y
Location: 3/g/2011-A. JUD. _
�Ii y
2Year Desk POIi Fiscal Floor Desk I Polic Fiscal' Floor; Conf. Enrolled Vetoed
1 Dead tet Mmes 2nd House Conc.�
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 4202 ASSEMBLY JUDICIARY, FEUER, Chair
Digest: The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting
Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit
reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does
not preempt state law, except as specifically provided or to the extent that state laws are inconsistent
with its provisions.
Existing federal and state law specify the procedures that an employer is required to follow before
requesting a report and if adverse action is taken based on the report. Under existing law, an
employer may request a credit report for employment purposes so long as he or she provides written
notice of the request to the person for whom the report is sought. Existing law requires that the
written notice inform the person for whom the consumer credit report was sought of the source of the
report and contain space for the person to request a copy of the report. Existing law further requires
an employer, whenever he or she bases an adverse employment decision on information contained in
a consumer credit report, to advise the person for whom the report was sought that an adverse
action was taken based upon information contained in the report and provide the person with the
name and address of the consumer credit agency making the report.
This bill would prohibit an employer, with the exception of certain financial institutions, from obtaining
a consumer credit report for employment purposes unless the information is (1) substantially job -
related, meaning that the position of the person for whom the report is sought has access to money,
other assets, or confidential information, and (2) the position of the person for which the person is
sought is a position in the state Department of Justice, a managerial position, a- position in a city,
that of a sworn peace officer or other law enforcement position, or a
position for which the information contained in the report is required to be disclosed by law or to be
obtained by the employer.
Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: no.
Laws: An act to add Chapter 3.6 (commencing with Section 1024.5) to Part 2 of Division 2 of the Labor
Code, relating to employment.
History:
2010
Dec. 6 Read first time. To print.
2010
Dec. 7 From printer. May be heard in committee January 6.
2011
Feb. 10 Referred to Corns. on JUD. and L. & E.
Mar. 8 From committee chair, with author's amendments: Amend, and re -refer to Com. on JUD. Read
second time and amended.
Mar. 9 Re- referred to Com. on JUD.
Subject
AS 83 (Jeffries R) Environment: CEQA exemption: recycled water pipeline.
Introduced: 1/5/2011
Status: 1/27/2011- Referred to Com. on NAT. RES.
Is Fiscal: Y
Location: 1/27/2011 -A. NAT. RES. __
p Fiscal Floor) Conf. En o ed Ver toed I Chaptered
2Year Desk Polic Fiscal Flo r Desk Policy j
Dead lettlnuse 2nd House Conc.I
Digest: (1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment. CEQA exempts specified pipeline projects from the above requirements.
This bill would additionally exempt a project for the installation of a new pipeline, not exceeding a
specified length, for the distribution of recycled water within an improved public street, highway. or
right -of -way. Because a lead agency, which may include a local agency, is required to determine
whether a project qualifies for those exemptions, this bill would impose a state - mandated local
program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions estat:lish procedures for making that
reimbursement.
This bill would provide ti-at no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. Sate- mandated local program: yes.
Laws: An act to amend Section 21080.21 of the Public Rescrrces Code, relating to the environment.
History:
2011
Jan. 5 Read first time. To print.
Jan. 6 From printer. May be heard in committee February 5.
Jan. 27 Referred to Com, on NAT. RES.
Subject
ARJM (Smyth R) Local government: financial reports.
Introduced: 1/19/2011
Status: 2/18 /2011 - Referred to Com. on L. GOV.
Is Fiscal: Y
Location: 2/18/2011 -A. L. GOV.
2Year Desk Folic Fiscal ! Floor,, Desk �POlicy rFiscal Floor Conf. I Enrolled -Vetoed Chaptered
Dead 1st House J 2nd House Core.i
Digest: Existing federal :aw, the Single Audit Act of 1984, requires any nonfederal entity, defined as
states, local governments, or nonprofit organizations, that accepts $300,000 or more in federal money
to prepare an annual audit that meets certain specifications anr- transmit that audit to specified
federal agencies. Existing law requires the Controller to receive every audit report prepared by any
local public agency pursuant to the federal Single Audit Act o 1984, and that the Controller review
those reports for compliance with federal law before forward ncl them to the designated state agency.
This bill would additionally require that, if an audit of a local agency reveals certain financial
irregularities, the findings be sent separately to the Controller immediately after the audit has been
concluded. By increasing the duties of local officials, this bid would impose a state - mandated local
program.
This bill would require the Controller to prepare and transmit a report on those findings, and the
Controller's recommendations, to the Assembly Committee on Local Government and the Senate
Committee on Local Government.
The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated oy 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 sl-.all be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: yes.
Laws: An act to amend Section 12410.5 of the Government Code, relating to local government.
History:
2011
Jan. 19 Read first time. To print.
Jan. 20 From printer. May be heard in committee February 19
Feb. 18 Referred to Com. on L. GOV.
Subject
AB 182 (Dayis D) Political Reform Act of 1974: statements of economic interests.
Introduced: 1 /24/2011
Status: 2/3/2011- Referred to Com. on E. & R.
Is Fiscal: Y
Location: 2/3/2011 -A. E. & R.
2Year Desk Folic Fiscal ; Floor Desk _;_Policy_ Fiscal Flocr Conf. !Enrolled ;Vetoed Chad;
Dead 1st House 2nd House Cone
Calendar: 3/15/2011 _:' - -.0 p.m. - State Capitol, Room 444 ?6SFMBLY ELECTIONS AND
REDISTRICTING, FONG, Chair
Digest: The Political Reform Act of 1974 regulates conflicts of interests of public officials and requires
that public officials file, w th specified filing officers, periodic a- ements of economic interests
disclosing certain information regarding income, investments, and other financial data. Under the act,
specified local government agencies are permitted to participate in a pilot program whereby certain
officials of those agencies may file their statements of econcr- is interests electronically. Existing law
provides that the pilot program shall be completed by January 1, 2012, and the provisions of law
authorizing the electronic `iling of statements of economic interests will be repealed on March 1, 2012.
This bill would permit the pilot program to continue until De -em-er 31, 2012. In addition, beginning on
January 1, 2013, this bill would permanently permit the filing uff cers of all government agencies to
accept the electronic fihna of statements of economic mterestc cv all public officials required to file
those statements under 'he act, in accordance with regulations ghat may be adopted by the Fair
Political Practices Commission.
The Political Reform Act o` 1974, an initiative measure, prow des that the Legislature may amend the
AB 20Q
act to further the act's purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend, repeal, and add Section 87500.1 of the Government Code, relating to the
Political Reform Act of 1974.
History:
2011
]an. 24 Read first time. To print.
]an. 25 From printer. May be heard in committee February 24.
Feb. 3 Referred to Com. on E. & R.
Subject
(Ammiano D) Environment: CEQA: lead agency: documents.
Introduced: 1/31/2011
Status: 2/1 /2011 -From printer. May be heard in committee March 3.
Is Fiscal: N
Location:) /31 /2011 -A. PRINT
2Year Desk Policy Fiscal Floor Desk i Policy Fi cs al I Floor Conf. Enrolled Vetoed I Chaptered
Dead 1st House 2nd House IConc.I I
Digest: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment. CEQA authorizes a lead agency to charge and collect a reasonable fee from a
person proposing a project that is subject to CEQA to recover the estimated costs incurred by the lead
agency in conducting the environmental review.
This bill would make technical, nonsubstative changes in those provisions authorizing a lead agency to
charge and collect a reasonable fee from a person proposing a project subject to CEQA.
Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no.
Laws: An act to amend Section 21089 of the Public Resources Code, relating to environmental quality.
History:
2011
]an. 31 Read first time. To print.
Feb. 1 From printer. May be heard in committee March 3.
Subject
AD-21.3 (Silva R) Administrative Procedure Act: notice of proposed actions: local government agencies.
Introduced: 1/31/2011
Status: 2/18/2011- Referred to Com. on B., P. & C.P.
Is Fiscal: Y
Location: 1/31/2011 -A. B., v. & L.r. _
2Year Desk Policy Fiscal Floor Desk_ ; Polk [ Fiscal. Floor Conf. Enrolled Veld Chaptered
�_� y 1 � —
Dead 1st House 2nd House Conc. �'
Digest: The Administrative Procedure Act governs me ProccuuTc iui L.1� ...,
repeal of regulations by state agencies and for the review of those regulatory actions by the Office of
Administrative Law.
This bill would require an agency, when it considers it appropriate, to mail or to electronically mail a
notice of proposed action to adopt, amend, or repeal a regulation to local government agencies or
local government agency representatives, as defined, that are likely to be affected by the proposed
action, as prescribed.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend Section 11346.4 of the Government Code, relating to regulations.
History:
2011
]an. 31 Read first time. To print.
Feb. 1 From printer. May be heard in committee March 3.
Feb. 18 Referred to Com. on B., P. & C.P.
Subject
AB L2 (Lars D) The Controller: audits.
Introduced: 2/2/2011
Status: 2/10/2011- Referred to Com. on B., P. & C.P.
Is Fiscal: Y
Location: 2/2/2011 -A. B., P. & C.P.
2Year Polic Fiscal Floor; Desk Policy; Fiscal Floor Con Enrolled Vey Ch
Desk i
Dead 1st House J __2nd House Conc.
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 447 ASSEMBLY BUSINESS, PROFESSIONS AND
CONSUMER PROTECTION HAYASHI, chair
Digest: Existing law requires the Controller to superintend the fiscal concerns of the state. Existing
law requires the Controller to receive every audit report prepared by any local public agency.
This bill would require the Controller to receive every annua financial audit report prepared by any
local government within 9 months of the audit period or within a longer timeframe authorized by the
Controller. This bill woulc require an audit conducted pursuart -.o this provision to fully comply with the
Government Auditing Standards issued by the Comptroller GE neral of the United States. This bill would
require the audits to be rnade by a certified public accountan that is licensed by the California Board
of Accountancy and selected by a local government. The Con,reIler would be required to use specified
criteria to determine those certified public accountants that a-e to be included in the directory.
This bill would require the Controller to develop a plan to revue, and report the financial and
compliance audits of cities, counties, and special districts. This bill would also require the Controller to
report to the Legislature by January 31 of each year the results of its oversight activity. The
requirement that the Controller report to the Legislature would be repealed on December 31, 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- -nandated local program: no.
Laws: An act to amend Section 12410.5 of, to add Sections 1 2410.6, 12410.7, and 12410.9 to, and to
add and repeal Section ' 2410.8 of, the Government Code, -eat ng to audits.
History:
2011
Feb. 2 Read first time. To print.
Feb. 3 From printer. May be heard in committee March 5.
Feb. 10 Referred to Com on B., P. & C.P.
Subject
A02&2 (Harkey R) California regional water quality control boards: boundaries.
Introduced: 2 /7/2011
Status: 2/18 /2011 - Referred to Com. on E.S. & T.M.
Is Fiscal: Y
Location: 2/18/2011 -A. E.S. & T.M.
I2Year Desk Polic Rscal ,Floor I Desk Policy FiscalFloor Conf, Enrolled Vetoed Chaptered
Dead 1st House J 2nd House Conc.I
Digest: Under the Porter - Cologne Water Quality Control Ac:, th=_ 9 California regional water quality
control boards are among the principal state agencies that ram out responsibilities relating to water
quality. The act prescribes the boundaries of each regional beard.
This bill would revise the description of the boundaries of the Santa Ana Regional Water Quality
Control Board and the San Diego Regional Water Quality Contro Board.
Vote: majority. Appropriation: no. Fiscal committee: yes. StatE- mandated local program: no.
Laws: An act to amend Section 13200 of the Water Code, relit gig to the California regional water
quality control boards.
History:
2011
Feb. 7 Read first time. To print.
Feb. 8 From printer. May be heard in committee March 10
Feb. 18 Referred to Com. on E.S. & T.M.
Subject
As 288 (Fong D) Public postsecondary education: community colleges: expulsion hearing.
Introduced: 2/8/2011
Last Amend: 3/8/2011
Status: 3/9/2011 -Re- referred to Com. on HIGHER ED.
Is Fiscal: Y
Location: 3/9/2011 -A. HIGHER ED.
2Year Desk Policy Fiscal Floor , Desk j Policy , Fiscal Floor Conf. Enrolled j Vetoed Chaptered
Dead 1st House 2nd_House Conc.I
Calendar: 3/15/2011 1: -0 p.m. - State Capitol, Room 437 ASSEMBLY HIGHER EDUCATION, BLOCK,
Chair
Digest: Existing law establishes the California Community Colleges, under the administration of the
Board of Governors of the California Community Colleges, as one of the segments of public
postsecondary education ii this state. Existing law establishes ocmmunity college districts,
administered by a governing board, throughout the state, and authorizes these districts to provide
instruction to students at the community college campuses maintained by the districts.
Existing law authorizes the governing board of a district to ex )e' a student for good cause when the
presence of the student causes a continuing danger to the ph -s :al safety of the student or others.
Existing law requires that --he expulsion be accompanied by a hearing.
This NO would authorize the governing board of a district to either deny enrollment, permit enrollment,
or permit conditional enrollment to any individual who has been expelled from a community college
within the preceding ie-5 years, or who is, at the time of the application, undergoing expulsion
procedures, for certain offenses, as provided, if the board determines that the person continues to
pose a risk to the safety of others. This bill would authorize the board to hold a hearing before making
the determination as to whether the person continues to pose a risk. The bill would authorize a
governing board of a district to delegate its authority under these provisions to the superintendent or
president of the district, or to his or her designee.
The bill would expressly apply specified immunities to an exercise of discretion by a community college
district, and its officers and employees, under these provisions.
The bill would also allow the community college district to request information from another community
college district in determining whether the applicant continues to pose a danger to the physical safety
of others. The bill would require any community college district receiving the request to respond to the
request within 5 working days.
By requiring a community college district to respond to the request of another community college for
information regarding an expelled student, this bill would create a state - mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: yes.
Laws: An act to add Section 76038 to the Education Code, relating to community college districts.
History:
2011
Feb. 8 Read first time. To print.
Feb. 9 From printer. May be heard in committee March 11.
Feb. 24 Referred to Com. on HIGHER ED.
Mar. 8 From committee chair, with author's amendments: Amend, and re -refer to Com. on HIGHER ED.
Read second time and amended.
Mar. 9 Re- referred to Com. on HIGHER ED.
Subject
AB 32.Z (Davis D) Hazardous waste: perchlorate.
Introduced: 2 /10/2011
Status: 2/11 /2011 -From printer. May be heard in committee March 13.
Is Fiscal: N
n /Irl I_e DDTNT
2Year Desk Policy ( Fiscal Floor 7 D se k I Policy Fiscal Flh roro Cronf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House ._ . . Cont. I �
Digest: Existing law, administered by the Department or I oxlC Suostances �omroi, prvniuiu LIM
management of hazardous waste and a violation of the hazardous waste control law is a crime. The
Perchlorate Contamination Prevention Act prohibits a person from managing perchlorate materials,
except in compliance with the best management practices specified in the regulations adopted by the
department.
This bill would make nonsubstantive changes and delete obsolete provisions in that act.
Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no.
Laws: An act to amend Section 25210.7 of the Health and Safety Code, relating to hazardous waste.
History:
2011
Feb. 10 Read first time. To print.
Feb. 11 From printer. May be heard in committee March 13.
Subject
AB 34-0 (Furutani D) County employees' retirement: postretirement service.
Introduced: 2/10/2011
Last Amend: 2/24/2011
Status: 2/28/2011 -Re- referred to Com, on P.E., R. & S.S.
Is Fiscal: N
Location: 2/10/2011 -A. P.E.,R. & S.S.
2Year Desk Policy Fiscal Floor j Desk Policy 1 Fiscal Fes; Conf Enrolled I 7etoed i Chaptered
Dead 1st House 2nd_ House Coot. i
Digest: the
(1) The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts, as
defined, to provide a system of retirement benefits to their employees. CERL permits defines
compensation earnable for the purpose of calculating benefits as the average compensation for the period
under consideration with respect to the average number of days ordinarily worked by persons in the same
grade or class of positions during the period, and at the same rate of pay, as determined by the retirement
board.
This bill would prohibit a variety of payments including bonus payments, housing allowances, severance
pay, vehicle allowances, and payments for unused vacation, srci leave, or compensatory time off, exceeding
what may be earned and payable in a 12 -month period, from neinn included in compensation earnab /e. The
bill would prohibit any comoensation determined by the boar/ tc hnve been paid for the purpose of
enhancing a member's retirement benefit from being included ,r compensation earnable. The bill would
except from this prohibition compensation that a member wa- e nr tied to receive pursuant to a collective
bargaining agreement that was subsequently deferred or otherwi,,, modified as a result of a negotiated
amendment of that agreement. The bill would permit a membai o, employer to present evidence that
compensation was not paid for the purpose of enhancing a me rrbe -s benefit and would permit the board to
revise its determination upon receipt of sufficient evidence to 'tat effect.
The bill would also require a county or district, when reporting c m,- ,sensation to a retirement board, to
identify the pay period in which the compensation was earner r�gerdless of when it was reported or paid.
The bill would authorize the board to assess a county or distr;e, -t a reasonable amount to cover the cost of
audit adjustment, or cor- ection, if it determines that a county c, c%strict knowingly failed to comply with
these requirements, as specified. The bill would authorize a el;,en ent board to audit a county or district
and to require a county o, district to provide information, or m =l e 7formation available for examination or
copying at a specified time and place, to determine the correctness cf retirement benefits, reportable
compensation, and enrolment in, and reinstatement to, the syster.
(2) CERL generally provides that each person entering employmen- becomes a member of a retirement
system on the first day of the calendar month after his or her =ntrance into service, unless otherwise
provided by regulations adopted by the board. CERL permits peddle ,n certain employment classifications
the option to elect membership in the retirement system, inclu.:'ne elective officers, and prohibits
membership for persons providing temporary technical or pro`ce s %onal services under contract.
This bill would require a county or district that fails to enroll a,r omoloyee into membership within 90 days
of when he or she becomes eligible, when the employer knon s �r :; hould have known that the person was
eligible, to pay all costs in arrears for member contributions arc administrative costs of $500 per member.
(3) CERL permits members of a county retirement system whi) I-ave retired to be reemployed without
reinstatement into the system in certain circumstances incll,dinc in a position requiring special skills or
knowledge.
This bill, on and after January 1, 2012, would prohibit a persc:n who has been retired for service from a
CERL retirement system from being reemployed in any capac ty without reinstatement into the system
by a district or county operating a county retirement system established under this CERL unless at
least 180 days have elapsed since the person's date of retirement, except as specified. The bill would
prohibit a person whose employment without reinstatement is authorized under CERL from receiving
service credit for that employment. The bill would require that a retired member employed in violation
of provisions regarding employment without reinstatement -D reimburse the retirement system for any
retirement allowance received during that period and pay fo- administrative expenses incurred in
responding to the violation. The bill would also require the cour'y or district to reimburse the
retirement system in this regard in specified circumstances.
Vote: majority. Appropriation: no. Fiscal committee: no. Stage- mandated local program: no.
Laws: An act to amend Section 31461 of, and to add Sections 31540, 31540.2, 31541, 31569, and
31680.9 to, the Government Code, relating to county empleveee' retirement.
History:
2011
Feb. 10 Read first time. To print.
Feb. 11 From printer. May be heard in committee March 13.
Feb. 24 Referred to Com. on P.E., R. & S.S. From committee chair, with author's amendments: Amend,
and re -refer to Com. on P.E., R. & S.S. Read second time and amended.
Feb. 28 Re- referred to Coin. on P.E., R. & S.S.
Subject
AB 356 (k[W D) Public works projects: local hiring policies.
Introduced: 2/10/2011
Status: 2/24 /2011 - Referred to Coms. on B., P. & C.P. and L GOB,.
Is Fiscal: N
Location: 2/10/2011 -A. B., P. & C.P.
2Year Desk policy Fscal Floor Desk Policy Fiscal Floo- Conf. I Enrolled i Vetoed Chaptered
Dead 1st House 2nd House ._onc.
Digest: Existing law aut�orizes state agencies to enter into public works projects, as defined, and
imposes various requirements with respect to the contracting and bidding process.
This bill would exempt anv public works project that is funded in whole or in part, with state funds
from a policy imposed by a local agency that mandates that any portion or percentage of project work
hours be performed by Iccal residents.
This bill would also prohibit any local agency, as defined, frcm mandating that any portion or
percentage of work on a public works project be performed be kcal residents if any portion of that
public works project will :3ke place outside the geographical toi,ndaries of the local agency.
Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to add Section 53087.7 to, and to add Chapte- 13 ;commencing with Section 4590) to
Division 5 of Title 1 of, the Government Code, relating to pu-ih /forks projects.
History:
2011
Feb. 10 Read first time. To print.
Feb. 11 From printer. May be heard in committee March 13.
Feb. 24 Referred to Corns. on B., P. & C.P. and L. GOV.
Subject
AB 359 (Huffman D) Groundwater management plans.
introduced: 2/14/2011
Status: 2/24/2011- Referred to Corns. on W., P. & W. and L. GOV.
Is Fiscal: Y
Location: 2/24/2011 -A. W.,P. & W. _ _ _ _
2Year Desk Poli Fiscal Floor Desk Policy Fiscal j Floor! C no f. Enrolled i Vetoed .Chaptered
Dead !Conc.i
1st House 2nd House
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 437 ASSEMBLY WA EK, PAKKJ ANN
WILDLIFE, HUFFMAN, Chair
Digest: (1) Existing law authorizes specified local agencies that provide water service to adopt and
implement a groundwater management plan. Existing law requires a local agency that elects to
develop a groundwater management plan to hold a hearing prior to adopting a resolution of intention
to draft a plan and, after the plan is prepared, to hold a 2nd hearing to determine whether to adopt
the plan. Existing law requires the local agency to publish a specified notice before each of these
hearings.
This bill would require the local agency to provide a copy of a resolution of intention to the Department
of Water Resources within 30 days of the date of adoption. The bill would require the local agency,
upon written request, to provide a copy of the proposed groundwater management plan to an
interested person. The bill would require the local agency to provide each of those interested persons
with a specified notice at least 30 days prior to the commencement of the 2nd hearing to determine
whether to adopt the plan. The bill would require the department to post on its Internet Web site the
information the department possesses regarding the local agencies that have jurisdiction to develop
groundwater management plans.
(2) Existing law requires a local agency seeking specified state funds for certain groundwater projects
to include in a groundwater management plan various components, including components relating to
the monitoring and management of groundwater levels within the groundwater basin.
This bill would specify that the groundwater projects to which these requirements apply include
projects that are part of an integrated regional water management program or plan. The bill,
commencing January 1, 2013, would additionally require a map identifying the recharge areas, as
defined, for the groundwater basin to be included in a groundwater management plan for purposes of
the state funding requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend Sections 10752, 10753.2, 10753.5, and 10753.7 of the Water Code, relating
to groundwater.
History:
2011
Feb. 14 Read first time. To print.
Feb. 15 From printer. May be heard in committee March 17.
Feb. 24 Referred to Corns. on W., P. & W. and L. GOV.
Subject
AB 410 (Swanson D) Regulations: adoption: disability access.
Introduced: 2/14/2011
Status: 3/3/2011- Referred to Com. on B., P. & C.P.
Is Fiscal: Y
Location: 2/14/2011 -A. B., P. & C.P.
2Year Desk Polic Fiscal Floor I De k Policy ;Fiscal FFloor 1 CEnrolled Vetoed Chaptered
Dead I 1st House ou
2nd Hse Conc.
Digest: Existing state and federal law prohibits the exclusion of a quailtleo inalvlaual wltn a olsaD111cy,
by reason of that disability, from participation in or equal access to the benefits of the services,
programs, or activities of a public entity, or be subjected to discrimination by a public entity. Federal
regulations require a public entity to take appropriate steps to ensure that communications with
participants and members of the public with disabilities are as effective as communications with
others. These regulations also require a public entity to furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal opportunity to participate in, and
enjoy the benefits of, a service, program, or activity conducted by a public entity.
Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment,
or repeal of regulations by state agencies and for the review of those regulatory actions by the Office
of Administrative Law. Existing law requires an agency to publish a notice of proposed action that
includes specified information, at least 45 days prior to a hearing and the close of the public comment
period.
This bill would require an agency, upon a request from a person with a visual disability or other
disability for which effective communication is required under state or federal law, to provide that
person a narrative description of the proposed regulation, as prescribed, and would provide for an
extended public comment period for that person. The bill WCUld also require an agency to include
within the notice of proposed action a specified statement re larding the availability of narrative
descriptions for persons with visual or other specified disabilities.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend Section 11346.5 of, and to add Section 11346.6 to, the Government Code
relating to regulations.
History:
2011
Feb. 14 Read first time. To print.
Feb. 15 From printer. May be heard in committee March 17.
Mar. 3 Referred to Com. on B., P. & C.P.
Subject
AB 457 (Wagner R) Public works contracts: relief for bidders.
Introduced: 2/15/2011
Status: 3/3 /2011- Referred to Com. on B., P. & C.P.
Is Fiscal: Y
Location: 2/15/2011 -A. B., P. & C.P. _
2Year [R!!kJ Policy Fiscal Floor FDesk ;Policy Fiscal i F'ccr Conf. _ Enrolled Vetoed Chaptered
Dead 1st House 2nd House_ - Conc.'
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 447 ASSEMBLY BUSINESS, PROFESSIONS AND
CONSUMER PROTECTION, HAYASHI, chair
Digest: Existing law sets forth the procedures governing the bidding, awarding, and payment of
public works contracts by public entities, and the relief due bidcers and contractors under those
contracts.
This bill would entitle a bidder who successfully challenges _he award of a contract determined to be
invalid due to errors or omissions of the public entity to recover costs and attorney's fees incurred in
pursuing the challenge.
Vote: majority. Appropriation: no. Fiscal committee: yes. State - randated local program: no.
Laws: An act to add Section 5111 to the Public Contract Co^^ -e, relating to public contracts.
History:
2011
Feb. 15 Read first time. To print.
Feb. 16 From printer. May be heard in committee March 18.
Mar. 3 Referred to Com, on B., P. & C.P.
Subject
AB 467 (En D) Environment: Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006.
Introduced: 2/15/2011
Status: 3/7/2011- Referred to Corns. on W., P. & W. and E.S. & T.M.
Is Fiscal: Y
Location: 2/15 /2011 -A. W.,P. &W.
2Year Desk Polic Fiscal Floor Dom, Po�it Fiscal Floc Conf. En II rolled eo d Chaptered
Dead list House I
2nd House Conc. i
Digest: The Safe Drinking Water, Water Quality and Supply, -!rod Control, River and Coastal
Protection Bond Act of 20 ^6, an initiative statute approved by t•e voters at the November 7, 2006,
statewide general election, makes approximately $5.4 billion r •oond funds available for safe drinking
water, water quality and supply, flood control, natural resocrce protection, and park improvements.
The bond act makes $60,000,000 available to the State Dem tment of Public Health for the purpose
of loans and grants for projects to prevent or reduce contamination of groundwater that serves as a
source of drinking water and requires the department to requirt repayment for costs that are
subsequently recovered rr-om parties responsible for the cortamination. Existing law requires the
State Department of Publ :c Health, in collaboration with the Department of Toxic Substances Control
and the State Water Resources Control Board, to develop and adopt regulations governing the
repayment of costs that are subsequently recovered from parries responsible for the contamination of
groundwater.
This bill would instead require the State Department of Pub : Health, in collaboration with those
agencies, to develop guidelines governing this repayment that would allow grantees to retain
repayments to fund ongoing or additional groundwater cleanii activities.
Vote: majority. Appropriation: no. Fiscal committee: yes. StatE -mandated local program: no.
Laws: An act to amend Section 75101 of the Public Resources Code, relating to the environment.
History:
2011
Feb. 15 Read first time. To print.
Feb. 16 From printer. Mav be heard in committee March 18.
Mar. 7 Referred to Coms. on W., P. & W. and E.S. & T.M.
Subject
All 531 (Olsen R) Groundwater.
introduced: 2/15/2011
Status: 2/16 /2011 -From printer. May be heard in committee March 18.
Is Fiscal: N
Location: 2/15 /2011 -A. PRINT
2Year Desk Policy Fiscal Floor Desk Policy Fiscal ; FIB oor Conf. Enrolled vetoed toed Chaptered
Dead 1st House I 2nd House Cons.;
Digest: Existing law relating to groundwater management declares the intent of the Legislature to
encourage local agencies to work cooperatively to manage groundwater resources within their
jurisdictions, and makes related legislative findings and declarations.
This bill would make technical, nonsubstantive changes to those legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to amend Section 10750 of the Water Code, relating to groundwater.
History:
2011
Feb. 15 Read first time. To print.
Feb. 16 From printer. May be heard in committee March 18.
Subject
AS 58'2 (EW D) Open meetings: local agencies.
Introduced: 2/16/2011
Status: 3/7/2011- Referred to Com. on L. GOV.
Is Fiscal: Y
Location: 3/7/2011 -A. L. GOV._
2Year Desk Poli Fiscal Floor FDeskFpo '.
Dead t..+Nnuca —1— Ji
Fiscal) Floor) Conf. I Enrolled Vetoed Chaptered
Conc. I I
Digest: (1) The Ralph M. Brown Act authorizes a legislative body of a local agency to hold closed
sessions with the agency's designated representatives regarding the salary and compensation of
represented and unrepresented employees.
This bill would require that proposed compensation increases for unrepresented employees be publicly
noticed, as prescribed. By adding to the duties of local officials, this bill would impose a state -
mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: yes.
Laws: An act to amend Section 54957.6 of the Government Code, relating to public meetings.
History:
2011
Feb. 16 Read first time. To print.
Feb. 17 From printer. May be heard in committee March 19.
Mar. 7 Referred to Com. on L. GOV.
Subject
All 745 (Valadao R) California Water Plan.
Introduced: 2 /17/2011
Status: 2/18 /2011 -From printer. May be heard in committee March 20.
Is Fiscal: N
Location: 2/17/2011 -A. PRINT
2Year Desk Policy Fiscal rFloor Desk I Policy Fiscal Floor
Conf. Enrolled
Conc.I
Vetoed
Chaptered
Dead 1st House I 2nd House
Digest: Existing law requires the Department of Water Resources to update every 5 years the plan
for the orderly and coordinated control, protection, conservation, development, and use of the water
resources of the state, which is known as the California Water Plan.
This bill would make technical, nonsubstantive changes to that requirement.
Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no.
Laws: An act to amend Section 10004 of the Water Code, relating to water resources.
History:
2011
Feb. 17 Read first time. To print.
Feb. 18 From printer. May be heard in committee March 20.
Subject
AB 763 (Berrvhill. Bill R) Department of Water Resources.
Introduced: 2 /17/2011
Status: 3/7 /2011- Referred to Com. on W., P. & W.
Is Fiscal: N
Location: 2/17 /2011 -A. W.,P. & W. _ _
2Year Desk Policy Fiscal ! Floor Desk_ Policy l Fiscal Floor Conf. ( Enrolled Vetoed Chaptered
Dead list House _ 2nd House ,.onc.
Digest: Existing law establishes in the Natural Resources Agercy the Department of Water
Resources, which is under the control of the Director of Watei Resources. Existing law provides for the
appointment of the director by the Governor, subject to confii mition by the Senate.
This bill would delete an obsolete reference from, and ri tec:nnical, nonsubstantive changes to, the
provisions establishing tie department and providing for tte appointment of the director.
Vote: majority. Appropriation: no. Fiscal committee: no. State mandated local program: no.
Laws: An act to amend Section 120 of the Water Code, rela_mc to water.
History:
2011
Feb. 17 Read first time. To print.
Feb. 18 From printer. May be heard in committee March 20,
Mar. 7 Referred to Com. on W., P. & W.
Subject
AB 779 (Fletcher R) Water transfers: public notice.
Introduced: 2/17/2011
Status: 2/18 /2011 -From printer. May be heard in committee March 20.
Is Fiscal: Y
Location: 2/17 /2011 -A. PRINT
2Year Desk Policy Fiscal Floor Desk i Policy I Fiscal Floor ' Conf. Enrolled Vetoed Chaptered
Dead I 1st House _- 2nd House Conc.
Digest: (1) Existing law regulates the transfer of any water or , vater rights.
This bill would require a local public water agency to provide public notice to its customers prior to
approving a transfer of water to the agency. By imposing nonce requirements on local public water
agencies, this bill would impose a state - mandated local program.
(2) The California Constitution requires the state to reirl 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: yes.
Laws: An act to add Chapter 10 (commencing with Section 5S0' to Division 1 of the Water Code,
relating to water.
History:
2011
Feb. 17 Read first time. To print.
Feb. 18 From printer. May be heard in committee March 20.
Subject
AB 849 (Gat to D) Water: use efficiency.
Introduced: 2/17/2011
Status: 2/18 /2011 -From orinter. May be heard in committee March 20.
Is Fiscal: N
Location: 2/17 /2011 -A. PRINT
2Year Desk Policy, Fiscal; Floor FDesk j Policy Fiscal Fl:,o- Conf. �Enrollecl Vetoed Fchaptered
Dead list House 2nd House Conc.
Digest: Existing law prov des that resource conservation is r fundamental importance to the
prosperity and welfare of the people of this state and that tie Legislature believes that the state
must assume leadership in formulating and putting into effec: a statewide program of water
conservation.
This bill would state the intent of the Legislature to enact legislation to encourage the installation and
implementation of residential and commercial water use effic teney measures, including, but not limited
to, graywater and storm - etention systems, to reduce or el — incite regulatory barriers for water use
and efficiency, and if feasible, to provide incentives to increase investment in and use of graywater
systems.
Vote: majority. Appropriation: no. Fiscal committee: no. State mandated local program: no.
Laws: An act relating to water.
History:
2011
Feb. 17 Read first time. To print.
Feb. 18 From printer. May be heard in committee March 20.
Subject
AS 95,1 (ale D) Water replenishment districts.
Introduced: 2/18 /2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Fiscal: Y
Location: 2/18/2011 -A. PRINT _ _
2Year Desk Policy Fiscal Floors Deski P , FIS_ j Floor Conf. E rn oiled) Vetoed Chaptered
Dead tsr House 2nd House IConc.1 i
Digest: (1) The Water Replenishment District Act provides for the formation of water replenishment
districts. The act grants authority to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that district. The act requires the board of
directors of a water replenishment district to prepare annually an engineering survey and report that
includes information relating to the groundwater supplies within the district. The act requires the
board to make certain determinations in connection with a decision to impose a water replenishment
assessment to purchase replenishment water or to remove contaminants from the groundwater
supplies of the district. The act requires the water replenishment assessment to be fixed at a uniform
rate per acre -foot of groundwater produced within the district.
This bill, instead, would require information in that engineering survey and report, and those related
determinations, to pertain to the groundwater in each basin within the district. The board of directors
of a water replenishment district, upon determining to impose a water replenishment assessment on
the production of groundwater from each groundwater basin, would be required, except as otherwise
provided, to impose the assessment in an amount that is calculated to pay for costs that include the
actual cost of replenishing the groundwater basin, removing contaminants from the groundwater
basin, and the administrative costs of the district. The charge would be required to be fixed at a
uniform rate. The bill would make other conforming changes. By establishing these requirements on a
water replenishment district, the bill would impose a state - mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: yes.
Laws: An act to amend Sections 60300, 60305, 60306, 60309, 60315, 60316, 60317, 60317.5, and
60325 of the Water Code, relating to water.
History:
2011
Feb. 18 Read first time. To print.
Feb. 20 From printer. May be heard in committee March 22.
Subject
AB 115,2 (chesbro D) Groundwater.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Fiscal: Y
Location: 2/18/2011 -A. PRINT
2Year Desk Policy I Fiscal csal Floor Desk Policy ;Fiscal Floor C
Conf. E
Enrolled i
Chaptered'..
Deed 1st House 2nd House C
Conc.
i V
Digest: (1) Existing law requires the Department of Water Resources to identify the extent of
monitoring of groundwater elevations that is being undertaken within each basin or subbasin. If the
department determines that all or a part of a basin or subbasin is not being monitored, the
department is required to attempt to contact all well owners within the area not being monitored and
determine if there is an interest in establishing a specified groundwater management plan, integrated
regional water management plan, or voluntary groundwater monitoring association.
This bill would instead require the department to contact, for those purposes, all well owners within
the unmonitored part of the groundwater basin or subbasin, and the county or counties and other
specified entities overlying the unmonitored part of the groundwater basin or subbasin.
(2) Existing law provides that, if the department is required to perform groundwater monitoring
functions for portions of a basin or subbasin after contacting all well owners within the area not being
monitored, then the county and other specified entities that are authorized to assume responsibility
for groundwater monitoring are not eligible for a water grant or loan awarded or administered by the
state, with a specified exception.
This bill would, instead, make the county and other specified entities that are contacted by the
department ineligible for a water grant or loan awarded or administered by the state, if that county or
other entity declines to assume responsibility for monitoring and reporting groundwater elevations in
all or a portion of the unmonitored part of the basin or subbasin.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend Sections 10933 and 10933.7 of the Water Code, relating to groundwater.
History:
2011
Feb. 18 Read first time. —o print.
Feb. 20 From printer. May be heard in committee March 22.
Subject
AS 1194 (Block D) Drinking water.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Fiscal: Y
Location: 2/18 /2011 -A. PRINT_
2Year Desk Policy Fiscal Floor Desk Policy I Fiscal Floor' Zonf. j Enrolled Vetoed Chaptered
Dead list House 2nd House Cont.!
Digest: The Calderon -S ^er Safe Drinking Water Act of 1996 requires the State Department of Public
Health to, among other things, adopt regulations relating to primary and secondary drinking water
standards for contaminants in drinking water. The act authp"ZeS the department to enter into primacy
delegation agreements with local health officers for enforcement of these provisions. The act defines
various terms, including human consumption, which means tte .ise of water for drinking, bathing or
showering, hand washing, or oral hygene.
This bill would include cooking, including, but not limited to, preparing food and washing dishes, in the
definition of human consumption.
The act provides that its orovisions are not applicable to a public water system that meets specified
conditions, including that the system sells water to users through a submetered service system if the
water supply is obtained from a public water system to which t-e act applies.
This bill would exempt public water systems that sell water to users through a submetered
distribution system if the water supply is obtained from a public water system to which the act applies
only if each user of the submetered distribution system is not charged a rate that is higher than the
rate the user would be charged by the public water system
The act exempts from water quality requirements noncommunifv water systems that meet specified
criteria, including that the system does not provide water fen human consumption, other than
handwashing, unless bottled water from an approved source is provided. The act requires these
exempted noncommumty water systems to be tested annuall i �or specified bacteria.
This bill would repeal this exemption. By adding entities to regu ate, this bill would increase the duties
of local health officers that have received primacy delegation aid would impose a state - mandated
local program.
The act allows the department to issue a citation if the department finds that a public water system is
in violation of the act or any regulation, permit, standard, or order issued or adopted thereunder and
specifies procedures for service and form of the citation. The act classifies citations according to the
nature of the violation or the failure to comply and assesses penalties based on that classification.
This bill would allow the department to issue a citation if it `i�ds that a public water system is in
violation of the act or any regulation, permit, standard, citation, or order issued or adopted
thereunder. The bill would make specified changes to the process for service and the form of the
citation. The bill would also set the penalty that may be set oy the department at an amount not to
exceed $1,000 per day for each day that a violation occurred and for each day that a violation
continues to occur, and would eliminate the classification pro_et :s. The bill would allow a separate
penalty for each violation.
The California Constitution requires the state to reimburse Iota' 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 Mardates determines that the bill contains
costs mandated by the state, reimbursement for those cost,; shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. Stare - mandated local program: yes.
Laws: An act to amend Sections 116275, 116280, 116565, and 116650 of, and to repeal Section
116282 of, the Health and Safety Code, relating to drirkirc rater.
History:
2011
Feb. 18 Read first time. To print.
Feb. 20 From printer. May be heard in committee March 22.
Subject
AB 1228 (Halderman R) Public agencies: joint power agencies: meetings.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard in committee Va-ch 22.
Is Fiscal: N
Location: 2/18 /2011 -A. PRINT __ _
2Year Desk Policy j Fiscal [_Floor ( Desk ( Policy F Fiscal ! Flonr .onf. Enro Vetoed Chaptered
Dead 1st House I 2nd House
Digest: The Joint Exercise of Powers Act authorizes two or -lar( public agencies, if each is authorized
by their respective legislative bodies, to enter into an agreement to jointly exercise any power
common to those two agencies.
The Ralph M. Brown Act requires that meetings of the legislative body of a local agency, including a
joint powers agency, be open and public, with specified exceptions authorizing closed sessions for
specified purposes. Existing law permits a joint powers agency to include in its joint powers
agreement provisions authorizing (1) any member of the legislative body of a member local agency to
disclose information obtained during a closed session of the joint powers agency that has direct
financial or liability implications for that member local agency to that agency's legal counsel or to other
members of that agency's legislative body, as specified, or (2) any designated alternate member of
the legislative body of the joint powers agency that is also a member of the legislative body of a
member local agency, who is attending in lieu of that agency's regularly appointed member, to attend
closed sessions of the joint powers agency, as specified.
This bill would additionally authorize a joint powers agency to include in its joint powers agreement
provisions authorizing (1) an employee of a member local agency to disclose information obtained +n a
closed session of the joint powers agency that has direct financial or liability implications for that
member local agency to that agency's legal counsel or to other persons present in a closed session of
the legislative body of that agency, as specified, or (2) any designated alternate member of the
legislative body of the joint powers agency who is also an employee of a member local agency, and
who is attending in lieu of that agency's regularly appointed member, to attend a closed session of
the joint powers agency, as specified.
This bill would also make various, nonsubstantive, conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no.
Laws: An act to amend Section 54956.96 of the Government Code, relating to public agencies.
History:
2011
Feb. 18 Read first time. To print.
Feb. 20 From printer. May be heard in committee March 22.
Subject
AB 12.81 (Buchanan D) Local government: audits.
Introduced: 2/18/2011
Status: 2/22 /2011 -From printer. May be heard in committee March 22.
Is Fiscal: N
Location: 211812011-A. PRIM
2Year Desk Policy Fiscal Floor Deskl Policy Fiscal (Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House _�onc•I i _
Digest: Existing law requires school districts to comply with General Accounting Office standards for
financial and compliance audits, as specified, and prohibits an independent auditor from engaging in
financial compliance audits unless, within 3 years of commencing the first of the audits, and every 3
years thereafter, the auditor completes a quality control review in accordance with General Accounting
Office standards.
This bill would require local agencies, defined to include cities, counties, a city and county, special
districts, authorities, or public agencies, to comply with General Accounting Office standards for
financial and compliance audits and would prohibit an independent auditor from engaging in financial
compliance audits unless, within 3 years of commencing the first of the audits, and every 3 years
thereafter, the auditor completes a quality control review in accordance with General Accounting Office
standards.
Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to add Section 53087.7 to the Government Code, relating to local government.
History:
2011
Feb. 18 Read first time. To print.
Feb. 20 From printer. May be heard in committee March 22.
Subject
SB 191 (Committee on Governance and Finance) Validations.
Introduced: 2/8/2011
Status: 2/19 /2011 -Set for hearing March 16.
Is Fiscal: N
Location: 2/17/2011 -5. G. & F.
2Year
Dead
Desk Policy
Fiscal FFloor Fbesk I Policy ; Fi cs al I Floor
Conf.
Conc.
Enrolled
Vetoed i Chaptered
1st House 2nd House
Calendar: 3/16/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Digest: This bill would enact the First Validating Act of 2011, which would validate the organization,
boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts,
agencies, and entities.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies,
and to provide limitations of time in which actions may be commenced, and declaring the urgency
thereof, to take effect immediately.
History:
2011
Feb. 8 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 9 From printer. May be acted upon on or after March 1:..
Feb. 17 Referred to Com on Gov. & F.
Feb. 19 Set for hearing March 16.
Subject
52_M (Committee on Governance and Finance) Validations.
Introduced: 2 /8/2011
Status: 2/19 /2011 -Set for hearing March 16.
Is Fiscal: N
Location: 2/17/2011 -5. G. _& F.__
2Year Desk Polio Fiscal Floor Desk FPolicy.rFiscal Flocr Conf. En En d Vetoed Chaptered
Dead 1st House 2nd House Conc.
Calendar: 3/16/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Digest: This bill would enact the Second Validating Act of ?0'.1, which would validate the
organization, boundaries, acts, proceedings, and bonds of Jw state and counties, cities, and specified
districts, agencies, and entities.
This bill would declare that it is to take effect immediately as 3n urgency statute.
Vote: 2/3. Appropriation no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to validate the organization, boundaries, acts, prcceedings, and bonds of public bodies,
and to provide limitations of time in which actions may be commenced, and declaring the urgency
thereof, to take effect immediately.
History:
2011
Feb. 8 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 9 From printer. May be acted upon on or after March 1:..
Feb. 17 Referred to Com. on Gov. & F.
Feb. 19 Set for hearing March 16.
Subject
SB 193 (Committee on Governance and Finance) Validations.
Introduced: 2 /8/2011
Status: 2/19 /2011 -Set for hearing March 16.
Is Fiscal: N
Location: 2/17/2011 -5. G. & F.
2Year Desk Polio Fiscal Floor Desk Policy I Fiscal Floor Conf. End rolled Vetoed Chaptered
Dead 1st House 2nd House _ _onc.
Calendar: 3/16/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Digest: This bill would enact the Third Validating Act of 201 1 which would validate the organization,
boundaries, acts, proceed ngs, and bonds of the state and - ourties, cities, and specified districts,
agencies, and entities.
Vote: majority. Appropriation: no. Fiscal committee: no. State mandated local program: no.
Laws: An act to validate the organization, boundaries, acts, prcceedings, and bonds of public bodies,
and to provide limitations of time in which actions may be c:, .,imenced.
History:
2011
Feb. 8 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 9 From printer. May be acted upon on or after March 1:..
Feb. 17 Referred to Com on Gov. & F.
Feb. 19 Set for hearing March 16.
Subject
SB 20D (WII D) State water facilities: Sacramento -San Joaquin Delta: Delta conveyance facility.
Introduced: 2/8/2011
Status: 2/17/2011- Referred to Corns. on N.R. & W. and E.Q.
Is Fiscal: Y
Location: 2/17/2011 -5. N. R. & W. _
2Year Desk Polio Fiscal . Fl F Desk oor [olicy i Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead list House 2nd House Conc.
Digest: (1) The United States Bureau of Reclamation operates ?:he federal Central Valley Project and
the Department of Wate, Resources operates the State \Nat: P.esources Development System,
known as the State Water Project, to supply water to persons --rd entities in the state.
Existing law provides for the design, construction, operation, and maintenance of water development
facilities by the state, including the State Water Project. State Water Project facilities include, among
others, the facilities that are specified or authorized as part of the state Central Valley Project.
This bill would prohibit the construction of a new Delta conveyance facility, as defined, unless specified
conditions are met, including (A) the adoption of an agreement by the Department of Water Resources
and the Department of Fish and Game that specifies the stages of construction of the new Delta
conveyance facility and (B) the establishment plans and agreements for the construction of specified
water facilities and implementation of specified water programs meeting prescribed conditions as part
of the state Central Valley Project. The bill would prohibit the transportation of water for the federal
Central Valley Project through state project facilities, with specified exceptions, unless certain
conditions are met.
The bill would require the Department of Water Resources to enter into contracts with specified Delta
agencies for purposes of recognizing the right of users to make use of the waters of the Delta and
establishing criteria for minimum water quality in the Delta. The bill would require differences between
the state and the Delta agencies to be resolved by arbitration if contracts have not been executed by
January 1, 2012.
(2) Existing law prohibits the Department of Water Resources, in the construction and operation of the
State Water Project facilities, from depriving a watershed or area in which water originates, of the
prior right to the water required to supply the beneficial needs of that area, as specified.
This bill would require the project to be operated in compliance with specified water quality standards,
and would require the department, the Attorney General, and other state agencies to take actions to
ensure that the federal Central Valley Project is operated in compliance with those standards.
The bill would require the department to make an allocation of specified costs of the project to
compensate for historic upstream depletion and diversions, and would prohibit specified public
agencies from being responsible for those allocated costs. The bill would require the costs of benefits
in the Delta resulting from project operations, in excess of detriments caused by the project, to be
repaid by beneficiaries, to the extent those costs are allocable.
(3) Under existing law, the Department of Fish and Game and the Department of Water Resources are
responsible for specified reports pertaining to water development projects and the Sacramento -San
Joaquin Delta.
This bill would authorize the Department of Fish and Game to administer a study to determine the
interrelationship between Delta outflow and fish and wildlife resources in the San Francisco Bay
System and waste discharges into the San Francisco Bay system.
The bill would require the Department of Water Resources to study the possible interconnection
between the State Water Resources Development System and water supply systems serving the
Counties of Alameda, Contra Costa, San Joaquin, and San Mateo, and the City and County of San
Francisco. The bill would also authorize the department to participate in an investigation of the need
to enlarge Shasta Dam and Reservoir or other existing federal reservoirs.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no.
Laws: An act to amend Section 11460 of, to add Sections 11108, 11109, 11110, 11111, 11456,
11457, 11458, and 11915.2 to, and to add Article 9.4 (commencing with Section 11259) to Chapter 2
of Part 3 of Division 6 of, the Water Code, relating to water.
History:
2011
Feb. 8 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 9 From printer. May be acted upon on or after March 11.
Feb. 17 Referred to Corns. on N.R. & W. and E.Q.
Subject
Sill 236 (Anderson R) California Public Records Act.
Introduced: 2 /9/2011
Status: 2/17/2011- Referred to Com. on RLS.
Is Fiscal: N
Location: 2/17 /2011 -S. RLS.
2Year Desk Poli Fiscal I Floor Desk 1 Policy Fiscal 1 Floor I Conf. I Enrolled I Vetoed Chaptered
Dead 1 Huse 2nd House Conc.
Digest: The California Public Records Act requires state and local agencies to make public records
available for inspection by the public, subject to specified criteria, and with specified exceptions.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to amend Section 6253 of the Government Code, relating to public records.
History:
2011
Feb. 9 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 10 From printer. May be acted upon on or after March 12.
Feb. 17 Referred to Com. on RLS.
Subject
S6 2843 (Nearete McLeod D) Local government: independent special districts.
Introduced: 2/14/2011
Status: 3/1 /2011 -Set for hearing April 6.
Is Fiscal: N
Location: 2/24/2011 -S. G. & F._ _
- --
2Year Desk Poli Fiscal' Floor Desk Policy Fiscal Floer Conf. Enrolled- Vetoed Chaptered
Dead 1st House House Co_ nc.
Calendar: 4/6/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Digest: (1) Existing law authorizes the governing board of 3 special district, by resolution, to provide
for the establishment of a revolving fund, in an amount not tc exceed $1,000, to be used to make
change and pay small bills directly, and requires the resclu -ion establishing the fund to make specified
designations relating to 'he purposes for which the fund ma,i be expended, the district officer with
authority and responsibility over the fund, the necessity for the `und, and the maximum amount of the
fund.
The Cortese - Knox - Hertzberg Local Government Reorganiza'ion Act of 2000 sets forth the definition of
an independent special d strict.
This bill would additionally authorize the governing board of en independent special district, as
defined, to provide, by resolution, for the establishment of a revolving fund in an amount not to
exceed 110% of 1/12 of the independent special district's adopted budget for that fiscal year, and
would require the resolution establishing the fund to make specified designations relating to the
purposes for which the fund may be expended, the district officer with authority and responsibility
over the fund, the necessity for the fund, and the maximum amc:unt of the fund.
(2) The Fire Protection District Law of 1987 authorizes the [ :card of a fire protection district to appoint
a district treasurer, and to establish the duties and comper Batton of the district treasurer, by
resolution. That law authorizes the district treasurer, or any ot-er person authorized by the board, to
draw checks or warrants to pay demands that have been a.:ditecl and approved in the manner
prescribed by the board. That law requires the county treasure, to serve as the district treasurer if the
district board does not appoint a district treasurer.
This bill would authorize the governing body of an independent special district, as defined, to invest
that district's surplus funds outside of the county treasury m'.hout the approval of the county
treasurer, even if the county treasurer concurrently serves z= the treasurer of that district.
Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no.
Laws: An act to amend Sections 53952 and 53961 of, and to acd Chapter 6.5 (commencing with
Section 60225) to Division 1 of Title 6 of, the Government Code, relating to local government.
History:
2011
Feb. 14 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 15 From printer. Mav be acted upon on or after March t; .
Feb. 24 Referred to Com. on Gov. & F.
Mar. 1 Set for hearing April 6.
Subject
SB 321 (Nearete McLeod D) Public Employees' Retirement System.
Introduced: 2 /14/2011
Status: 2/24/2011- Referred to Com. on RLS.
Is Fiscal: N
Location: 2/24/2011 -S. RLS.
2Year Desk Policy Fiscal' - loor Desk_Policy F Fiscal�Flocr Conf. Enrolled l Vetoed Chaptered
Dead 1st House _ 2nd House Conc.
Digest: Existing law prcvides for the payment of preretirerncnt survivor benefits to the beneficiary of
a deceased member of t "e Public Employees' Retiremert Sysi em, as specified. Existing law also
provides that no person shall receive more than one allowance of the preretirement survivor benefits.
This bill would make technical, nonsubstantive changes to :licit nrovision.
Vote: majority. Appropriation: no. Fiscal committee: no. Ste'e- mandated local program: no.
Laws: An act to amend Section 21570 of the Government (':Ode relating to the Public Employees'
Retirement System.
History:
2011
Feb. 14 Introduced. Read first time. To Com. on RLS. for assicnment. To print.
Feb. 15 From printer. May be acted upon on or after March 1
Feb. 24 Referred to Com. on RLS.
Subject
SB 322 (Nearete McLeod D) Retirement.
Introduced: 2/14/2011
Status: 2/24/2011- Referred to Com. on P.E. & R.
Is Fiscal: N
Location: 2/24/2011 -S. P.E. & R.
ter-- -
2Year Desk Polic Fiscal ;Floor Desk Policy ;Fiscal Floor Conf. ;Enrolled Vetoed Chaptered
Dead Conc.:;
1st House _ 2nd House - _
Digest: The Public Employees' Retirement Law (PERL) provides for the preservation of the purchasing
power of benefits through a system of adjustments in benefits based on changes in living costs. The
law also establishes provisions to ensure the federal tax- exempt status of the system and to
preserve the deferred treatment of federal income tax on public employer contributions to public
employee pensions. Existing federal law limits the amount a defined benefit plan may pay a participant
annually, and requires that this limitation be adjusted annually by regulation to account for increases
in the cost of living.
PERL provides that a member's annual retirement benefits, adjusted to the actuarial equivalent of a
straight -life annuity if payable in a form other than a straight -life annuity or a qualified joint and
survivor annuity, and determined without regard to any employee contributions or rollover
contributions, otherwise payable to the member under PERL and under any other defined benefit plan
maintained by the employer that is subject to that federal limit, shall not exceed, in the aggregate, the
federal dollar limit, as specified.
This bill would prohibit a member who receives benefits based on credited service with multiple
employers from exceeding the limitations set forth in those provisions with regard to his or her annual
retirement benefits.
Vote: majority. Appropriation: no. Fiscal committee: no. State - mandated local program: no.
Laws: An act to amend Section 21752 of the Government Code, relating to retirement.
History:
2011
Feb. 14 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 15 From printer. May be acted upon on or after March 17.
Feb. 24 Referred to Com. on P.E. & R.
Subject
SB 70:1 (Calderon D) Central Basin Municipal Water District: report.
Introduced: 2/18/2011
Status: 3/3/2011- Referred to Com. on RLS.
Is Fiscal: Y
Location: 3/3/2011 -S. RLS.
2Year Dosk Poli Fiscal Floor Desk Policy Fiscal Floor Conf. En� Vetoed Chaptered
Dead list House 2nd House Conc.
Digest: (1) Existing law, the Municipal Water District Law of 1911, authorizes the formation of a
municipal water district to acquire and sell water.
This bill would require the Central Basin Municipal Water District, on or before July 1, 2012, to submit a
report to the Legislature on the status of the Central Groundwater Basin and seawater barrier
operations, and would prescribe the information to be included in the report. The bill would require the
municipal water district to provide an annual update of that report, and would require the Department
of Water Resources and the Water Replenishment District of Southern California to cooperate with the
municipal water district in providing information necessary for the completion of the report. The bill
would repeal this reporting requirement on July 1, 2016, in accordance with a specified provision of
law.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: yes.
Laws: An act relating to the Central Basin Municipal Water District.
History:
2011
Feb. 18 Introduced. Read first time. To Com. on RLS. for assignment. To print.
Feb. 20 From printer. May be acted upon on or after March 22.
Mar. 3 Referred to Com. on RLS.
Subject
SB 721 (Dutton R) State Air Resources Board: penalties: mobile source certification.
Introduced: 2/18/2011
Status: 3/3/2011- Referred to Corns. on T. & H. and E.Q.
Is Fiscal: Y
Location: 3/3/2011 -S. T. & H.
2Year I Desk Pori Fiscal Floor Desk Policy Fiscal . Floor Conf. Enrolled ; Ver toed Chaptered
Dead 1st House 2nd House ' Cc c. �
Digest: (1) Existing law grants to the State Air Resources Board the primary authority for the control
of air pollution from vehicular sources. The state board tests and certifies new motor vehicle models
for compliance with air pollution emissions standards developed by the state board.
This bill would require an application for certification of a new motor vehicle or engine, including off -
road equipment and engines and aftermarket parts, to be approved or disapproved pursuant to
specified requirements. The bill would authorize the executive officer of the state board to approve
certification of a new motor vehicle or engine, including off -roac equipment and engines and
aftermarket parts, for any model year that has been certified by the federal Environmental Protection
Agency without additional testing, if the state emissions standards for certification of that vehicle,
equipment, engine, or part are no more stringent than the federal standards on which the federal
Environmental Protection Agency certification was based.
The bill would require the state board to create a separate, short form certification application
template for a 2013 model year and later carryover vehicle equipment, or engine, as defined. The bill
would require this application form to contain a section for the applicant to certify, under penalty of
perjury, that any change in an emissions - related component )a -t has not resulted in an increase in
emissions from the prior certified model year. By expanding the scope of the crime of perjury, the bill
would impose a state - mandated local program.
(2) Existing law requires a written communication from the state board alleging that an administrative
or civil penalty will be, or could be, imposed either by the sta-:e board or another party, including the
Attorney General, for a violation of air pollution law, to contaim specified information.
This bill would require this information to include specified nfrcrrnation relating to quantifying excess
emissions. The bill would require the state board to consider in assessing a penalty whether there
were excess emissions above an applicable standard and, where practicable, to quantify these excess
emissions.
(3) Existing law subjects any manufacturer or distributor whc does not comply with the emission
standards or the test procedures adopted by the state board to a civil penalty of $50 for each vehicle
that does not comply with the standards or procedures.
This bill would prohibit the imposition of any penalty in additior to this penalty for a violation that does
not cause excess emissions above an applicable standard, rtlLding violations involving a carryover
vehicle, equipment, or engine as defined.
(4) The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated ov the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by �:his act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: yes.
Laws: An act to amend Sections 39619.7, 43024, and 43212 of, and to add Sections 43103 and
43103.5 to, the Health and Safety Code, relating to air pollubo,.
History:
2011
Feb. 18 Introduced. Read first time. To Com. on RLS. for assienrient. To print.
Feb. 19 From printer. May be acted upon on or after March 2'1 .
Mar. 3 Referred to Corns. on T. & H. and E.Q.
Subject
Total Measures: 37
Total Tracking Forms: 37