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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)

INTRODUCED BY Senator Simitian

DECEMBER 6, 2010

An act to add Part 10 (commencing with Section 12996) to Division
6 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 34, as introduced, Simitian. Water infrastructure projects:
fees.
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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Part 10 (commencing with Section 12996) is added to
Division 6 of the Water Code, to read:

PART 10. Water Infrastructure Project Fees


12996. It is 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.
It is the intent of the Legislature that the fees should pay for
noncapital costs that are necessary to meet the coequal goals of
providing a more reliable water supply for the state and protecting,
restoring, and enhancing riverine-based ecosystems.
12997. It is the intent of the Legislature that a fee-based
system developed pursuant to Section 12996 be developed in accordance
with the following policies:
(a) The fees should cover the costs of public benefits of water
infrastructure projects, including the public share of surface and
subsurface water projects, habitat and water necessary for restoring
native flora and fauna that are at risk as a result of existing and
future water infrastructure projects, and water conservation programs
for agricultural, municipal, and industrial users.
(b) The fees should not cover the costs of projects that public or
private entities are required to fund under existing law, including,
but not limited to, any isolated water facility that conveys water
through or around the Sacramento-San Joaquin Delta.
(c) The fees should not be imposed in a manner that would
constitute a tax subject to Section 3 of Article XIII A of the
California Constitution.