Agriculture and Water Resources

Agriculture and Water Resources

Farm Labor
Pests and Pesticides
General Agriculture
Water Resources

Farm Labor

AB 139* (Assembly Budget Committee) Farm worker housing: Budget Trailer Bill

Implements the general government provisions of the State Budget. Contains provisions relating to farm worker issues, specifically, it allows an additional $5.2 million in Proposition 46 bond funds to be used for Office of Migrant Services facility rehabilitation. Revises the Migrant Farm worker Housing Grant Program requirements to encourage additional applications, allow for-profit entities to apply, and extend the current program deadline by one year. Requires that all money received from the repayment of loans made under the Preservation Opportunity Program be deposited into the Housing Rehabilitation Loan Fund, except for $5.0 million. The Governor had requested all Preservation Opportunity Program funds be transferred to the Housing Rehabilitation Loan Fund as part of his proposed Homeless Initiative. The Legislature revised the language to retain $5.0 million in the Preservation Opportunity Program, which still provides sufficient resources for the Homeless Initiative. Restricts rents at state-funded migrant housing such that rents cannot exceed 30 percent of the average farm worker household income without specific legislative authorization.

Chapter 74, Statutes of 2005

AB 237* (Arambula-D) Farmworker housing

Authorizes the Department of Housing and Community Development to forgive a loan of a grantee, if it determines that forgiveness is necessary to the financing or continued viability of housing, pursuant to the Joe Serna, Jr. Farm worker Housing Grant Program. Also authorizes the department to waive the matching requirement for migrant housing funded by specified bond funds if the department finds that the waiver is necessary to ensure the housing can be financed.

(In Assembly Housing and Community Development Committee)

AB 292 (Maze-R) Employee housing: agricultural workers

Allows a county to adopt regulations for farm worker housing to limit the current applications to two parcels two acres or larger.

(In Assembly Housing and Community Development Committee)

AB 755 (De La Torre-D) Piece-rate agricultural and garment workers

Requires piece rate employers in the agricultural and garment industries to pay piece rate workers their average piece rate wages during state-mandated rest periods.

Vetoed by the Governor

AB 805 (Chu-D) Occupational safety and health: heat illness

Requires the Occupational Safety and Health Standards Board to adopt two heat illness standards: (1) an occupational safety and health standard for all employees at risk of heat illness by Dec. 1, 2007, and (2) a standard for heat illness prevention and response for workers subject to specified wage orders by Dec. 1, 2006. Requires the second standard to include specific educational components, ongoing annual training and certain procedures for addressing heat illness hazards in the workplace.

(In Senate Appropriations Committee)

AB 1372 (Nunez-D) Farmworker housing

Authorizes a person or entity that employs agricultural employees to provide short-term housing, not to exceed 45 days, to those agricultural employees in preexisting hotels, motels, or apartment buildings.

(In Assembly Housing and Community Development Committee)

AJR 20 (Nunez-D) Agricultural workers

States the Legislature's support of the immigration reform bill introduced in 2003 by members of the U.S. Congress known as AgJOBS, the Agricultural Job Opportunity, Benefits, and Security Act.

(On Assembly Inactive File)

Pests and Pesticides

SB 295* (Chesbro-D) Pierce's Disease Control Program

Makes changes to provisions of existing law relating to the Pierce's Disease Control Program and task force.

Chapter 12, Statutes of 2005

SB 332 (Battin-R) Pest control

States that the Red Imported Fire Ant (Solenopsis invicta) is a significant threat to California and declares that the further introduction and spread of this serious pest would be detrimental to the state by causing severe damage to humans, plants and animals. Also authorizes the Secretary of the Department of Food and Agriculture to adopt quarantine or other regulations that prohibit the importation of the Red Imported Fire Ant.

(In Senate Agriculture Committee)

SB 455 (Escutia-D) Pest control: violations

Revises the procedures and requires enforcement actions for the violations of pesticide applications laws which result in harm to health or the environment.

Vetoed by the Governor

Similar legislation was SB 879 (Escutia-D) which is in the Assembly Rules Committee.

SB 509 (Florez-D) Pesticide: notification

Requires that county agricultural commissioners of a county in which property on which any aerial pesticide application is to occur, to provide written notification to all individuals who are at-risk of coming into contact with that pesticide at locations within one mile from the application site. Requires the notification to be received at least 24 hours before the application, and to include contact information for the applicator and a description of the pesticide being applied. Requires county agricultural commissioners to work with the Office of Environmental Health Hazard Assessment to minimize pesticide contact by members of the public and avoid the use of particularly deleterious pesticides when possible.

(In Senate Agriculture Committee)

SB 872 (Denham-R) Vertebrate pest control research

Extends the sunset date of the vertebrate pest control program from January 1, 2006, to January 1, 2016, and expands the purposes of the program. Authorizes county agricultural commissioners to withhold an amount of the assessment necessary to recover their costs, thereby reducing the potential for mandate claims.

Chapter 176, Statutes of 2005

SB 923* (Florez-D) West Nile Virus

Directs that any emergency funds that the Department of Health Services receives shall be spent on West Nile Virus control.

(At Assembly Desk)

AB 87 (Bermudez-D) Trapping licenses: exemptions

Exempts structural pest control operators from the requirement to obtain a trapping license from the Department of Fish and Game when trapping certain mammals and, instead, requires pest control operators to be trained and tested by the Structural Pest Control Board on Fish and Game Regulations.

(On Senate Inactive File)

AB 405 (Montanez-D) Schools: pesticide use

Prohibits the use, at a school, of new or experimental pesticides which do not have full registration or testing from state agencies.

Chapter 566, Statutes of 2005

AB 552 (La Suer-R) Structural pest control

Requires the notice of proposed action against a person cited for pesticide misuse to be sent within 60 days of the initial notice of violation and provides that if the proposed action is not taken within 90 days after specific dates, the citation shall be dismissed.

(In Assembly Business and Professions Committee)

AB 577 (Wolk-D) Invasive species

Requires the Secretary of the State Resources Agency and the Secretary of the Department of Food and Agriculture, by January 1, 2007, to submit to the Legislature a statewide plan for management and control of all invasive species.

(In Assembly Appropriations Committee)

AB 991 (DeVore-R) Mosquito abatement and vector control districts

Increases from seven to 11 members on the board of trustees of the Orange County Vector Control District.

(Failed passage in Assembly Local Government Committee)

AB 1011 (Matthews-D) Pesticide brokers

Expands the crime of selling pesticides in California to include non-agricultural products and deletes the required fees to be a broker, as specified.

Chapter 612, Statutes of 2005

AB 1059 (Matthews-D) Pesticide registration

Removes California's letter of authorization requirement and replaces it with a cost sharing program for data used to register pesticides. Makes other related changes.

(In Senate Environmental Quality Committee)

AB 1730 (La Malfa-R) Pesticide registration

Deletes the ability for the Director of the Department of Pesticide Regulation to require a registrant to provide efficacy data and studies on a antimicrobial pesticide product, and provides intent language that the Legislature will address the registrant's letter of authorization process for sharing data with third parties.

(In Assembly Environmental Safety and Toxic Materials Committee)

ACR 32 (Arambula-D) West Nile Virus and Mosquito and Vector Control Awareness

Declares April 25 through May 1, 2005, as West Nile Virus and Mosquito and Vector Control Awareness Week.

Resolution Chapter 24, Statutes of 2005

General Agriculture

SB 49* (Machado-D) Land conservation contracts

Requires the county assessor to review the current valuation of Williamson Act contracted land upon request of either the landowner or the Department of Conservation if the county assessor determines that additional information submitted by the requesting party may have a material effect on the valuation of the property. It also makes several other technical amendments to SB 1820 (Machado), Chapter 794, Statutes of 2004.

Chapter 245, Statutes of 2005

SB 281* (Maldonado-R) California Fresh Start Pilot Program

Establishes the California Fresh Start Pilot Program, administered by the California Department of Education, in consultation with the Department of Food and Agriculture and the Department of Health Services.

Chapter 236, Statutes of 2005

SB 284 (Maldonado-R) Specialty crop funding

Appropriates $2,200,000 from the $63,800,000 specialty crop block grant awarded to California in 2001 to the Department of Food and Agriculture, in order to provide funding to California food banks for the purpose of supporting the marketing of specialty crops.

(In Assembly Agriculture Committee)

SB 303 (Chesbro-D) The Mendocino Winegrape and Wine Commission

Creates the Mendocino County Winegrape and Wine Commission in state government with a prescribed membership and duties, if approved by both producers and vintners in a referendum, as specified. Authorizes the Commission to establish and collect an assessment from producers and vintners for the purposes of carrying out the bill's provisions, as specified.

Chapter 597, Statutes of 2005

SB 611 (Speier-D) Meat and poultry recalls

Requires a meat or poultry supplier, distributor, broker or processor to immediately notify the Department of Health Services when meat or poultry products they sell are subject to a voluntary recall by the United States Department of Agriculture.

(On Senate Unfinished Business File)

SB 662 (Migden-D) Animal slaughter

Provides that the slaughter of spent hens and small game birds (currently excluded) shall be included under existing law prescribing the method of slaughter for specified animals.

(In Senate Agriculture Committee)

SB 695 (Kehoe-D) Conservation easement registry

Requires the Secretary of the Resources Agency to establish a central public registry of all conservation easements, open-space easements, and agricultural easements held by the state, required by the state, or purchased with state grant funds after January 1, 2000.

Vetoed by the Governor

SB 730 (Speier-D) Organic products: aquaculture products

Prohibits any aquaculture, fish, or seafood product (including farmed and wild species) from being labeled or represented as "organic," until such time that the United States Department of Agriculture's National Organic Program, or the California Department of Food and Agriculture implements formal certification standards. Makes legislative findings and declarations stating that because there are currently no standards in place, either at the federal or state level, "any seafood can be claimed as organic."

Chapter 685, Statutes of 2005

SB 859 (Poochigian-R) Agricultural policy

Revises provisions of existing law prescribing the principles of the state's agricultural policy.

(In Assembly Agriculture Committee)

SB 905 (Machado-D) Bovine spongiform encephalopathy

Adds provisions to the wholesale food law that requires persons, corporations, or firms, conducting bovine spongiform encephalopathy tests on beef to meet certain requirements and prevents the sale of beef labeled "BSE tested" unless prescribed conditions are met. Requires the State Department of Health Services to adopt regulations establishing related standards.

(In Assembly Health Committee)

SB 1000 (Senate Agriculture Committee) Special interest license plates

Requires the Department of Motor Vehicles (DMV), in consultation with the California Future Farmers of America Foundation, the California Foundation for Agriculture in the Classroom, and the California Agricultural Leadership Foundation, to issue special agricultural interest license plates, as specified. Requires the DMV, after deducting its cost in administering this program, to deposit all revenues, except as specified, in the Agricultural License Plate Account, which the bill creates in the General Fund. Requires the State Controller, upon appropriation by the Legislature, to allocate the funds in the account, equally, to the foundations for expenditure for the purpose of promoting youth involvement in the agricultural industry of this state by funding agricultural education, youth leadership development, and youth outreach programs. Requires a foundation that receives those funds to report to the Legislature on or before June 30 of each year on its use and expenditure of those funds.

(In Senate Rules Committee)

SB 1041 (Denham-R) District agricultural associations

Permits a District Agricultural Association to transition from a state institution to a public corporation with an independent governing structure.

(In Assembly Agriculture Committee)

SB 1056 (Florez-D) Agriculture

States that current provisions of law relating to nursery stock and seed are of statewide concern and occupy the entire field of regulation regarding registration, labeling, sale, storage, transportation, and distribution, notification of use, and use of nursery stock and seeds to the exclusion of local regulations.

(In Assembly Agriculture Committee)

SB 1099 (Hollingsworth-R) Eminent domain: agricultural property

Prohibits the exercise of the power of eminent domain to acquire agricultural property, as defined, for public use unless one of two specified conditions is met.

(In Senate Agriculture Committee)

SCR 26 (Senate Agriculture Committee) National Agriculture Week

Proclaims the week of March 20 to March 26, 2005, as National Agriculture Week and Sunday, March 20, 2005, as National Agriculture Day.

Resolution Chapter 10, Statutes of 2005

AB 85* (Maze-R) Citrus fruit crops

Renames the existing Navel and Valencia Orange Advisory Committee, the California Citrus Advisory Committee and broadens the scope of advisory committee participants to include lemons and mandarin citrus growers. Consolidates the existing assessments into one and makes other related changes.

Chapter 180, Statutes of 2005

AB 365 (Salinas-D) Local agencies: agricultural lands

Clarifies that the definition of "agricultural use" within the Williamson Act includes greenhouse structures, and specifies that all floricultural and nursery products cultivated within greenhouses shall be deemed equal to open field floricultural and nursery products.

Chapter 605, Statutes of 2005

AB 393* (Frommer-D) Agriculture: California Walnut Commission

Allows a handler representing producers of more than 30 percent of the walnut market to assume the rights and responsibilities of a cooperative handler representing 30 percent or more of the walnut market provided that cooperative ceases to exist. Also allows the handler to select four of the producer representatives on the California Walnut Commission, one of the producer/handler representatives, and the cooperative handler representative for a total of six seats on the California Walnut Commission.

(In Senate Agriculture Committee)

AB 460 (Parra-D) Contagious diseases

Permits the Department of Food and Agriculture to enter into cooperative agreements with the United States Department of Agriculture to carry out a program for the prevention and control of Avian Influenza, and also requires the adoption of regulations as needed to implement such program requirements created by the agreement.

Chapter 609, Statutes of 2005

AB 520 (Parra-D) Food and agriculture violations

Authorizes the Secretary of the Department of Food and Agriculture or a county agricultural commissioner, in lieu of civil prosecution, to levy a civil penalty of up to $3000 per violation of the Agriculture Theft Prevention and the Fruit, Nut & Vegetable Standards or regulations promulgated pursuant to their provisions, as specified.

Chapter 220, Statutes of 2005

AB 621 (Cogdill-R) Milk

Establishes an alternative inspection protocol for milk products plants and restricts the ability of a dairy cow farm from marketing Grade B milk, and prohibits dairies that begin operation on or after January 1, 2006, from marketing manufactured milk, except as specified.

Chapter 222, Statutes of 2005

AB 649 (Parra-D) Tomatoes

Provides that the California Tomato Commission under a joint powers agreement with the Department of Food and Agriculture shall establish separate assessment categories for growers and handlers of tomatoes grown within the state, and for handlers that receive tomatoes from locations other than California, and specifies that handlers receiving tomatoes from out-of-state shall not be charged more than $0.10 per unit.

Vetoed by the Governor

AB 826 (Nava-D) CA Farm to School Child Nutrition Improvement Program

Creates the California Farm to School Child Nutrition Improvement Program. It requires the Department of Education, in collaboration with the Department of Food and Agriculture (DFA) and the Department of Health Services, to implement the program. Allows DFA, to the extent funding is available, to provide outreach and training of school food service personnel and the agricultural industry in order to facilitate the delivery of fresh fruits and vegetables to school cafeterias.

Vetoed by the Governor

AB 900 (Benoit-R) Investigators: Department of Food and Agriculture

Authorizes the Department of Food and Agriculture investigators, who are not peace officers, to have Penal Code powers of arrest, to serve warrants, and to have access to summary criminal background information.

Chapter 190, Statutes of 2005

AB 924 (Canciamilla-D) Ammonium nitrate

Requires ammonium nitrate fertilizer manufacturers, distributors, and retailers to obtain a license from the Secretary of the Department of Food and Agriculture (DFA) prior to manufacture or distribution, requires licensees to maintain sales records, and provides that the Secretary of DFA may amend the regulations to include data collection on detonable fertilizer materials, as identified by the United States Department of Justice.

Chapter 490, Statutes of 2005

AB 984 (Laird-D) Liability: genetically engineered plants

Provides that the manufacturer of a genetically engineered plant is liable to specified plaintiffs in cases where the plant has caused economic damage or loss to the plaintiff. Provides that the manufacturer is liable for damages, attorney fees and litigation costs should the plaintiff prevail in legal proceedings authorized by this bill. Prohibits the manufacturer a defense to liability unless specific circumstances apply; provides that a manufacturer's liability may not be waived, establishes definitions for the purpose of this bill. Makes legislative findings and declarations.

(Died in Assembly Agriculture Committee)

AB 1058 (Koretz-D) Retail food: beef labeling and information

Requires, beginning January 1, 2007, retailers to label meat products offered for sale with the country or countries of origin to the extent permitted under federal law.

Vetoed by the Governor

AB 1061 (Assembly Agriculture Committee) Agriculture

Creates the Analytical Laboratory Account within the Department of Food and Agriculture Fund into which all residual funds at the end of each fiscal year shall be deposited, restores the Agricultural Cooperative Bargaining Advisory Committee, reduces the number of times the Advisory Committee shall meet each year from two to one, and creates a procedure for complaints by growers or licensed produce dealers where the claimed damages do not exceed $30,000.

Chapter 613, Statutes of 2005

AB 1065 (Matthews-D) Kitchen grease: transporters

Authorizes the Department of Food and Agriculture to establish a system to document and track the transportation and handling of kitchen grease.

Chapter 533, Statutes of 2005

AB 1147 (Leno-D) Industrial hemp: growers and processors

Provides that any person desiring to grow industrial hemp for commercial purposes shall comply with specified requirements, including a requirement to file a signed document relating to any contract to grow industrial hemp containing specified information; the document would be available for review by law enforcement but not by the public. Provides that any person desiring to operate as a primary processor of viable hemp seed into commercial, nonviable seed derivatives shall apply to the Department of Food and Agriculture for a license and comply with specified requirements. Provides for the assessment of a fee on an applicant for a primary processor license. Provides for research by the University of California on industrial hemp, as specified.

(In Assembly Agriculture Committee)

AB 1343 (Assembly Environmental Safety And Toxic Materials Committee) Irrigated agriculture operations: equipment

Deems water monitoring equipment used by an irrigated agriculture operation that participates in an approved watershed management program, for the purposes of that program, to be water quality control equipment for the purpose of determining eligibility for loans or grants related to the use of water quality control equipment.

(In Assembly Environmental Safety and Toxic Materials Committee)

AB 1480 (Maze-R) Agricultural education: California Community Colleges

Requires the California Community College Statewide Agricultural and Natural Resources Advisory Committee to identify and develop criteria to be used to evaluate the effectiveness of California community college agricultural education programs. Also requires the criteria to be submitted in a written report to the Chancellor of the California Community Colleges and the Legislature by June 30, 2007.

Chapter 362, Statutes of 2005

AB 1508 (Salinas-D) Seed

Makes several technical and non controversial changes to provisions governing the packaging and labeling of vegetable seed sold to non-farm consumers.

(In Senate Agriculture Committee)

AB 1587 (Saldana-D) Farmed Animal Reform Act

Provides that, notwithstanding any other provision of law, it is unlawful to kill or to attempt to kill any cow or bull, calf, horse, mule, sheep, swine, goat, fallow deer, or poultry by burning, burying, grinding, drowning, rapid freezing, or suffocation. Also provides that these provisions may be enforced by a peace officer, humane officer, or animal control officer. Provides that any person or entity that violates these provisions shall be subject to a civil penalty of $1,000 for each violation, $1,000 for each day that the violation continues, and criminal prosecution.

(In Assembly Agriculture Committee)

AB 1598 (Assembly Agriculture Committee) Agricultural and seafood industries

Includes "water resources" and "the responsible stewardship of which, is encouraged by the agricultural and seafood industries" among those resources already listed in existing law that declares that agricultural and seafood industries are vitally important elements of the state's economy.

(In Assembly Agriculture Committee)

AB 1644* (De La Torre-D) Taxes: farm equipment

Repeals various specific exemptions and credits allowed under existing tax laws and restricts the use of S Corporation status. Contains a provision that repeals the sales and use tax exemption for farm equipment and machinery purchased by farmers and other persons engaged in producing and harvesting agricultural products.

(In Assembly Revenue and Taxation Committee)

ACR 92 (La Malfa-R) California Rice Month

Recognizes the significance and contribution of the rice industry to California's economy, cuisine, and environment and designates the month of September as California Rice Month.

Resolution Chapter 142, Statutes of 2005

Water Resources

SB 21 (Florez-D) San Joaquin River restoration

Allows the Secretary of the State Resources Agency, upon appropriation of funds by the Legislature, to undertake and participate in studies relating to restoration options for the San Joaquin River, including, but not limited to, the reestablishment of an anadromous fishery. Requires the studies to include an analysis of the economic impacts associated with the restoration options, including funding sources for restoration and for mitigation of expenses. Also makes a number of legislative findings regarding the value of water provided by Friant Dam to the local economy.

(Failed passage in Senate Natural Resources and Water Committee; reconsideration granted)

SB 31* (Florez-D) Water fees

Substantially revises and recasts current law for making water rights filings with the State Water Resources Control Board (SWRCB), among other things, to change the listing of applications subject to SWRCB's schedule of fees, to denominate the fees as transactional fees, to limit the fees to processing costs, to require adjustment of individual transactional fees that exceed or are less than average processing cost, to require prescribed fees for parties and entities participating in an evidentiary hearing. Requires the annual permit or license fees to be imposed based upon the number of acre-feet of water covered by the permit or license. Precludes charging duplicate annual permit or license fees to holders of multiple diversion or use licenses or permits, and requires the SWRCB to ensure comparable fees per acre foot as to all payors. Places prescribed total annual revenue caps on these fees and limits the SWRCB to expending these fees only for specified activities authorized for expenditure from the Water Rights Fund. Requires the SWRCB to adopt these fees by emergency regulation. Requires the transactional and annual fees to be imposed upon, or allocated to, lawful users of water. Precludes imposition of these fees with respect to riparian and pre-1914 water rights. Authorizes the SWRCB to waive all or a portion of the transactional and annual fees if offsetting appropriations are provided from the General Fund. Requires the SWRCB to convene an advisory group or groups, comprised of specified persons, to assist the evaluation of water rights fee requirements. Requires the SWRCB to provide public notice on its web site and, upon request, written notice to interested parties, of meetings of the advisory group or groups and to take other actions to facilitate the participation of the public. Sunsets the provisions concerning an advisory group or groups on January 1, 2007. Requires the SWRCB, by July 1, 2006, to perform a specified audit of the activities of the Division of Water Rights and to file a summary report of the results with the Legislature. Makes other related changes.

(In Senate Natural Resources and Water Committee)

SB 71* (Senate Budget And Fiscal Review Committee) Salton Sea: Resources Budget Trailer Bill

Implements the Resources Budget Trailer Bill which, among other provisions, specifies that $12 million of Proposition 50 bond funds continuously appropriated to the Wildlife Conservation Board be expended for activities related to the restoration of the Salton Sea and the protection of the fish and wildlife dependent on it. Extends the date from January 1, 2007, to January 1, 2008, by which the State Water Resources Control Board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco.

Chapter 81, Statutes of 2005 - Item veto

SB 113 (Machado-D) California Bay-Delta Authority Act

Defines the principle of beneficiary pays and requires the California Bay Delta Authority to approve or modify program and expenditure plans based on consistency with the beneficiary pays principle, among other considerations.

(In Assembly Water, Parks and Wildlife Committee)

SB 120 (Florez-D) Water quality: sewage sludge

Requires a publicly owned treatment works (POTW) to submit a certification to the regional water quality control board that any sewage sludge transferred from the facility for disposal or further processing meets the requirements and standards for the pollutants listed in the waste discharge requirements for the POTW issued by the regional board, as specified. Requires the POTW to submit the certification to any person or facility that accepts sewage sludge from the POTW for disposal or processing and authorizes a person or facility that accepts sewage sludge, and the county in which the sewage sludge is disposed or processed, to require the POTW to indemnify the receiving party for any liability for remediation costs associated with the disposal or processing of the sewage sludge. Requires the State Water Resources Control Board (SWRCB), by June 1, 2007, in consultation with the California Integrated Waste Management Board, the State Air Resources Board, and the Department of Food and Agriculture, to conduct a study on the content of, and management options for, sewage sludge. Requires the SWRCB to request the assistance of the California Environmental Protection Agency in conducting the study.

(In Senate Environmental Quality Committee)

SB 153 (Chesbro-D) Clean water, safe neighborhood parks, and coastal protection

Enacts the California Clean Water, Safe Neighborhood Parks, and Costal Protection Act of 2006, which, if adopted, authorizes the issuance of bonds in the amount of $3,945,000,000 for the purpose of financing a program for the acquisition, development, improvement, preservation, rehabilitation, and restoration of agricultural, coastal, cultural, forest, historical, park, recreational, and water resources in the state, as specified.

(In Assembly Appropriations Committee)

SB 187 (Soto-D) Drinking water: contaminants

Requires the Office of Environmental Health Hazard Assessment to revise the public health goal health standard for perchlorate under certain circumstances.

(In Assembly Environmental Safety and Toxic Materials Committee)

SB 197* (Cox-R) Sly Park Reservoir

Modifies the conditions under which swimming and other recreational activities will continue to be allowed at Sly Park Reservoir in El Dorado County.

Chapter 252, Statutes of 2005

SB 264 (Machado-D) Delta Flood Protection Fund

Extends the sunset dates from July 1, 2006 to July 1, 2008, on the Delta Flood Protection Fund and the current form of the Delta Levee Maintenance Program.

Chapter 583, Statutes of 2005

SB 347 (Ortiz-D) American River flood damage reduction project

Makes explicit that SB 1280 (Ortiz), Chapter 616, Statutes of 2004, authorized the construction of a permanent bridge to replace Folsom Dam Road.

Chapter 584, Statutes of 2005

SB 350 (Machado-D) San Joaquin River restoration and water management

Requires and appropriates bond funds for a San Joaquin River study and establishes a grant program to accomplish river restoration and water supply management improvements.

(In Assembly Water, Parks and Wildlife Committee)

SB 373 (Kehoe-D) County water authority: encroachments

Provides that an encroachment in violation of county water authority regulations is a public nuisance subject to abatement by bringing a civil proceeding.

Chapter 599, Statutes of 2005

SB 376 (Soto-D) Three Valleys Municipal Water District

Authorizes the Three Valleys Municipal Water District to adopt an assessment, including a schedule of annual adjustments, and to make those adjustments in the same manner as allowed for taxes, fees, and charges that are not considered increases under Proposition 218.

Chapter 210, Statutes of 2005

SB 387 (Ducheny-D) New River

Authorizes the City of Calexico to undertake a comprehensive project for the cleanup and encasement of the New River within its city limits as part of a pollution cleanup measure and to protect human health.

Chapter 112, Statutes of 2005

SB 409 (Kehoe-D) General plans: conservation element

Requires that the water resources portion of a general plan's conservation element be correlated with the land use element. Requires counties and cities to correlate the water supply portion of their conservation elements with their land use elements by one year after the deadline for revising their housing element after 2007. Allows cities and counties to adopt written findings declaring that their general plans already comply with this requirement.

(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)

SB 543 (Margett-R) State Water Project

Codifies an existing administrative process at the Department of Water Resources (DWR) for permitting construction and equipment encroachments on the State Water Project right-of-way and establishes a process at DWR to remove unauthorized encroachments.

Chapter 263, Statutes of 2005

SB 557 (Battin-R) Waste water treatment plans

Allows the City of Palm Springs to sell its wastewater treatment facility to the Desert Water Agency, if the city council adopts a resolution finding that the public's interest and convenience require the sale.

Vetoed by the Governor

SB 574 (Campbell-R) Public utilities: water companies

Includes a limited liability company owning, controlling, operating, or managing a water system as a public entity among those public utilities currently subject to the jurisdiction and control of the Public Utilities Commission. Makes other technical nonsubstantive changes.

(In Senate Energy, Utilities and Communications Committee)

SB 580 (Escutia-D) Public Utilities Commission

Expands the jurisdiction of the Low-Income Oversight Board, an advisory board to the Public Utilities Commission (PUC), to include low-income water ratepayers' issues, and to assist the PUC regarding the California Alternate Rates for Energy (CARE) program. Requires the Health and Human Services Agency to evaluate specified issues regarding the automatic enrollment of CARE customers.

Chapter 662, Statutes of 2005

SB 623 (Aanestad-R) Water quality: civil penalties

Makes changes to provisions of the Porter-Cologne Water Quality Control Act which impose civil penalties for certain violations of the act relating to waste discharge requirements.

(In Senate Environmental Quality Committee)

SB 641 (Campbell-R) Electricity: electrical restructuring

Repeals the provisions of AB 1X (Keeley),Chapter 4, Statutes of 2001, First Extraordinary Session, suspending direct access during the term of the Department of Water Resources (DWR) contracts and, instead, requires the Public Utilities Commission (PUC) to permit direct access, pursuant to a "core/non-core" structure to be defined by the PUC. Requires the PUC's core/non-core structure to require direct access customers to bear a fair share of DWR's electricity costs or to accept a proportionate allocation of the electrical generation resources used by the investor owned utility to serve the departing customer.

(In Senate Energy, Utilities and Communications Committee)

SB 646 (Kuehl-D) Water discharge requirements: waivers

Amends existing law to require specific findings when issuing waivers in discharge permits and to provide for adequate funding and enforcement for the waiver program.

(Failed passage on Assembly Floor; reconsideration granted)

SB 671 (Cox-R) Plumas County Flood Control and Water Conservation District

Authorizes the Board of Directors of the Plumas County Flood Control and Water Conservation District to receive compensation for meeting attendance.

Chapter 175, Statutes of 2005

SB 729 (Lowenthal-D) Water quality

Requires the State Water Resources Control Board (SWRCB) to hold regular meetings at least once a month. Requires at least one member of the SWRCB to attend each meeting of a regional board during each calendar year. Requires the SWRCB to establish a database on or before November 1, 2006, to be used by SWRCB and the regional boards for recording certain information relating to possible water quality problems and to undertake other duties relating to the information in the database. Requires SWRCB to prepare its proposed annual budget, in consultation with the California Environmental Protection Agency, and to submit the proposed annual budget to the Department of Finance and the Legislature. Requires the regional boards to submit their proposed annual budgets to the Legislature, in addition to the state board. Prohibits a management agency agreement from restricting authority or responsibility of the state board or the regional boards. Requires SWRCB to review the agreements at least once every five years, to update the agreements, as needed, and to make the agreements accessible to the public through the Internet. Requires SWRCB to establish a Water Quality Enforcement Coordinating Committee to assist the state board and the regional boards in carrying out their responsibilities. Expands current guidelines to reflect the state board's prioritization of the cleanup of certain state waters listed pursuant to the Clean Water Act based on specified criteria and requires the state board to finalize the expanded guidelines not later than April 1, 2007. Requires each regional board to consist of five Members instead of nine Members and revises the qualifications applicable to those public offices. Changes the $100 daily compensation amount to $500 and the annual compensation limit from $13,500 to $30,000, and authorizes specified increases in that compensation. Requires that SWRCB submit an existing report relating to the expenditure of specified fees to also submit it to the Legislative Analyst's Office, and requires that the office review the report and prepare a specified assessment in connection with that review. Makes other changes to existing law relating to water quality governance.

(In Senate Environmental Quality Committee)

SB 771 (Simitian-D) Oceangoing ships

Extends the restrictions on discharges that currently apply to cruise ships to include oceangoing ships in state marine waters and marine sanctuaries.

Chapter 588, Statutes of 2005

SB 773 (Cox-R) Groundwater aquifers: injection wells

Exempts any injection well used to inject drinking water from prohibitions on the release of hazardous waste to injection wells. Directs the State Water Resources Control Board (SWRCB) and regional water quality control boards (regional boards) to encourage projects that involve the injection, percolation, or conveyance of drinking water into groundwater aquifers for use by the public as part of the general provisions relating to powers and duties of the regional boards. Authorizes the SWRCB or a regional board to require any person injecting, percolating, or conveying into storage in a groundwater aquifer in accordance with the provisions of this bill to file a report demonstrating that any water so conveyed complies with the definition of "drinking water" as defined under the bill. Makes other changes relating to this subject.

(In Senate Environmental Quality Committee)

SB 774 (Cox-R) Vended water

Requires the telephone number currently required to be displayed on drinking water machines to be a toll-free telephone number.

(In Senate Health Committee)

SB 775 (Cox-R) Regional water quality control board members

Permits a court, upon a petition of 15 percent of the water users in a Department of Water Resources (DWR) watermaster service area, to appoint a different watermaster to enforce water rights established by court adjudication. The court-appointed watermaster has the same powers and duties as a watermaster appointed by the DWR.

(In Assembly Water, Parks and Wildlife Committee)

SB 820 (Kuehl-D) Water

Expands and enhances the processes by which the Department of Water Resources and the State Water Resources Control Board collect and compile data related to the supply of surface water and groundwater to determine the status of existing water supplies and to project future water supply needs.

Vetoed by the Governor

SB 822* (Margett-R) San Gabriel Basin restoration

Authorizes the San Gabriel Basin Water Quality Authority to receive state funds to administer cleanup operations on behalf of the San Gabriel Basin for the purpose of meeting a federal requirement pursuant to the San Gabriel Basin Restoration Fund for the nonfederal matching funds.

Chapter 271, Statutes of 2005

SB 826 (Maldonado-R) State maintenance areas

Requires the Department of Water Resources (DWR) or the California Reclamation Board to form, operate, and maintain a flood management maintenance area if a local agency submitted an application to DWR to form the maintenance area on or before July 1, 2003.

Chapter 687, Statutes of 2005

SB 831* (Machado-D) Stockton Metropolitan Area Flood Control Project

Authorizes the State Reclamation Board to accept the transfer of any project works of the Stockton Metropolitan Area Flood Control Project constructed by the San Joaquin Area Flood Control Agency that is considered an addition or extension to the Bear Creek and Mormon Slough Projects.

(In Assembly Water, Parks and Wildlife Committee)

SB 858 (Kehoe-D) San Diego County Water Authority

Requires the San Diego County Water Authority's controller to issue the required annual reports of revenues and expenditures and a report relating to water storage and use, no later than 270 days after the fiscal year ends.

(In Assembly Local Government Committee)

Similar legislation is SB 511 (Hollingsworth), which is in Assembly Local Government Committee.

SB 866 (Kehoe-D) Water use measurement information

Requires the Department of Water Resources (DWR) to prepare and submit to the Legislature a report with regard to various matters concerning water use measurement information and to conduct a study to determine the cost-effectiveness of more accurate farm-gate measurement and to prepare and submit to the Legislature a related farm-gate measurement report. Requires the DWR, the board, and the Department of Health Services to develop and implement jointly a coordinated water use reporting database, along with standardized forms for submitting information to be reflected in the database, to be made available through the Internet. Requires the DWR to convene a group of technical staff and interested stakeholders to develop the scope and content of the database. Provides for the submission of other reports to the Legislature relating to the use of the database. Requires, not later than January 1, 2010, agricultural water suppliers to report, each year, aggregated farm-gate delivery data to the DWR using the forms. Requires, not later than January 1, 2010, persons or water suppliers diverting surface water to measure and report, at least annually, those diversions to the board using the standardized forms. Sets conditions eligibility for certain grants or loans to persons who divert surface water for agricultural use on compliance with this reporting requirement. Requires the state agencies with responsibilities under this water measurement program to undertake their various described duties only to the extent that funds are made available for those purposes.

(In Senate Natural Resources and Water Committee)

SB 956 (Simitian-D) Coast and Ocean Stewardship Act

Enacts the Coast and Ocean Stewardship Act of 2005 which would levy a surcharge of $1 per night per room on all charges for transient occupancy in the 20 counties that are located along the coast of the Pacific Ocean and the San Francisco Bay, including all cities within these counties, as well as the City and County of San Francisco. Provides that revenue collected from this surcharge shall be deposited in the Coast and Ocean Account Stewardship Tax Fund, created by this bill. Provides that money in the fund would, upon appropriation, be allocated to specified entities to implement programs for coastal and ocean management.

(In Senate Natural Resources and Water Committee)

SB 978 (Ashburn-R) Water use: military land and housing areas

Provides that current law requiring an urban water supplier to the install water meters on all municipal and industrial water service connections do not require submetering of a municipal or industrial service connection, served and billed through a master meter, for land under the administration of the military or housing projects included in the military housing privatization initiative program.

(In Senate Natural Resources and Water Committee)

SB 979* (Senate Environmental Quality Committee) Recreational uses of reservoirs

Repeals provisions that require the Department of Health Services to consult with the operators of the Bear Lake Reservoir and the Canyon Lake Reservoir, at least 60 days prior to the effective date of any additional conditions or restrictions for allowing swimming activities at the reservoirs. Deletes the January 1, 2006 date for Canyon Lake Reservoir to meet prescribed federal standards and revises other water treatment requirements for the reservoir.

Chapter 139, Statutes of 2005

SB 1009 (Florez-D) Water storage districts: election rolls

Revises the procedures for water storage districts to adopt an alternative preliminary election roll and requires the district board to have a registered civil engineer prepare a preliminary election roll and assign votes on the basis of one per acre or the benefits derived by each parcel from being in, or receiving services from, the district.

Chapter 275, Statutes of 2005

SB 1067 (Kehoe-D) Drinking water

Requires the California Office of Environmental Health and Hazard Assessment to develop Public Health Goals for Total Trihalomethanes and Total Haloacetic Acids that take into account the spikes and acute health effects on pregnant women and infants.

Vetoed by the Governor

SB 1070 (Kehoe-D) Water quality information

Establishes a California Water Quality Monitoring Council to be administered by the State Water Resources Control Board to improve coordination of water quality data collection programs and to ensure sufficient information is collected to track water quality improvements and the efficacy of programs designed to achieve clean water and healthy ecosystems.

(On Senate Inactive File)

SB 1081 (Ducheny-D) Maywood Riverfront Park grant

Appropriates $2,016,000 from the River Protection Subaccount (Proposition 13 bond funds) to the Secretary of the State Resources Agency for the Maywood Riverfront Park in Los Angeles. Specifies that $16,000 of this amount is to cover the costs of the Secretary to administer the grant.

Chapter 688, Statutes of 2005

SB 1087 (Florez-D) Housing elements: services

Clarifies and implements existing legal priority for water service to low income housing.

Chapter 727, Statutes of 2005

SB 1109 (Senate Natural Resources And Water Committee) Salton Sea: restoration study

Revises the scope of the existing Salton Sea restoration study which is being conducted by various state and local agencies and provides that the restoration study is to establish a range of alternatives for the restoration of the Salton Sea and the fish and wildlife dependent on the Salton Sea, including a most cost-effective technical alternative, as provided.

(In Senate Natural Resources and Water Committee)

AB 159 (Salinas-D) Irrigation districts: directors

Removes the landownership requirement from the list of qualifications to serve as a director of an irrigation district if the district is required to submit an Urban Water Management Plan.

(In Senate Local Government Committee)

AB 174 (Salinas-D) Pajaro Valley Water Management Agency: eminent domain

Allows the Pajaro Valley Water Management Agency (PVWMA) to acquire property outside of its boundaries through eminent domain in order to construct a specified pipeline and related appurtenant facilities, but only if the board of supervisors for the county in which the property is located grants its approval by resolution. Permits that board of supervisors to condition its approval on the PVWMA's promise to indemnify the county in any dispute arising from the board's approval decision or the PVWMA's exercise of eminent domain. Also makes technical amendments to an existing statute which establishes that the PVWMA may acquire property within its own boundaries through eminent domain.

Chapter 32, Statutes of 2005

AB 286* (Matthews-D) Banta-Carbona Irrigation District

Authorizes non-resident district landowners who live in San Joaquin County to serve on the board of directors for the Banta-Carbona Irrigation District.

(In Senate Local Government Committee)

AB 290 (Leslie-R) California waterworks standards

Requires the Department of Health Services (DHS) to conduct a five-year study on methodologies for determining water source capacities in hard-rock wells, and establishes a study committee with which DHS must consult.

(In Assembly Appropriations Committee)

AB 340 (Parra-D) Drinking water: arsenic levels

Requires the Department of Health Services to study the economic impact on rural counties meeting the new federal drinking water standards for arsenic contamination, and to report to the Legislature by December 31, 2005.

(In Assembly Environmental Safety and Toxic Materials Committee)

AB 362 (Aghazarian-R) Administrative proceedings

Specifies that representatives of all government entities who appear before the State Water Resources Control Board or the regional water boards on water quality control matters have equal procedural rights and are to be afforded equal treatment in all proceedings.

(In Senate Environmental Quality Committee)

AB 371 (Goldberg-D) Water recycling

Modifies provisions governing the use of recycled water and establishes a mechanism for encouraging the development and use of recycled water.

(On Senate Inactive File)

AB 466* (Matthews-D) Department of Fish and Game: California Bay-Delta Authority

Appropriates $2.6 million to the Department of Fish and Game (DFG) for environmental studies, conservation planning, and permitting relating to the further development of the University of California, Merced; and authorizes DFG to provide an environmental scientist to the San Francisco Public Utilities Commission (SFPUC), paid for by SFPUC, for the SFPUC's Water System Improvement Program.

Chapter 567, Statutes of 2005

AB 479 (Parra-D) San Joaquin Valley task force

Requires the Department of Water Resources to convene a task force to study the economic impacts of water supply reduction in the San Joaquin Valley.

(In Assembly Human Services Committee)

AB 495 (Montanez-D) Waste discharge requirements: penalties

Makes technical cleanup changes to the process by which waste discharge reports must be submitted to a regional water quality control board.

Chapter 145, Statutes of 2005

AB 515 (Richman-R) State Water Project: solar photovoltaic panels and systems

Authorizes the Department of Water Resources to establish a program to lease space above the State Water Project conveyance facilities, such as aqueducts, to private entities for installing solar panels and generating electricity from these panels.

Chapter 368, Statutes of 2005

AB 554 (Nava-D) Ventura County Watershed Protection District

Authorizes the Ventura County Watershed Protection District to levy a fee on taxable real property both district wide and by zone.

Chapter 510, Statutes of 2005

AB 672 (Klehs-D) Reservoirs with water intended for domestic use

Clarifies limitations on "bodily contact" with drinking water reservoirs in order to expand recreational opportunities at publicly-owned reservoirs. Requires reservoir operators to adopt a plan that addresses recreational access to the reservoir and adjacent lands.

Vetoed by the Governor

AB 798 (Wolk-D) Water quality, watershed protection and flood management

Enacts the Water Quality, Watershed Protection and Flood Management Bond Act of 2006 which, if adopted, authorizes, for purposes of financing a water quality, watershed protection, and flood management program, the issuance of an unspecified amount of bonds, pursuant to the State General Obligation Bond Law.

(In Assembly Water, Parks and Wildlife Committee)

AB 802 (Wolk-D) Land use: water supply

Requires local governments to include flood management in the conservation element of their general plans.

(On Assembly Inactive File)

AB 848 (Berg-D) Ocean ecosystem conservation and management

Establishes, by January 1, 2008, at either the Department of Fish and Game or the California Coastal Conservancy, the Ocean Ecosystem Resource Information System to serve as a coordinating repository of data related to ecosystem conservation and the management of offshore waters and marine resources.

(In Assembly Appropriations Committee)

AB 966 (Saldana-D) Dental amalgam separators

Requires most dental practices to install an approved amalgam separator and to implement best management practices to minimize discharge of mercury into wastewater.

(On Assembly Inactive File)

AB 1003 (Nava-D) Ventura County Watershed Protection District

Authorizes the Ventura County Watershed Protection District to levy property fees, after a vote by district property owners.

Vetoed by the Governor

AB 1081 (Matthews-D) Bottled or vended water

Increases inspection fees and civil and criminal penalties for violations of the Food and Drug Cosmetic Act, including intentional adulteration.

Chapter 401, Statutes of 2005

AB 1128 (Blakeslee-R) Water board members: conflicts of interest

Allows regional water quality control board members to vote on all matters that apply on a region-wide basis.

(In Senate Environmental Quality Committee)

AB 1140 (Dymally-D) Water districts: landowner requirements

Requires a person to be a resident of a water district and a registered voter in order to vote on elections in that district or serve on the board of that district. Provides that only a registered voter who resides within the territory of a water district that provides services to that voter may serve on the board of that district. Makes legislative findings and declarations concerning landownership requirements affecting the ability to vote in an election or to hold public office.

(In Assembly Elections and Reapportionment Committee)

AB 1168 (Saldana-D) Drinking water standards

Requires the Department of Health Services, when reviewing an application for a water system operating permit for a ground or ocean water desalination project, to identify potential contaminants and sources of contamination and ensure the safety and effectiveness of treatment processes.

Vetoed by the Governor

AB 1200 (Laird-D) Sacramento-San Joaquin Delta

Requires the Department of Water Resources (DWR) to evaluate the potential impacts on water supplies derived from the Sacramento-San Joaquin Delta resulting from subsidence, earthquakes, floods, and changes in precipitation, temperature, ocean levels, and a combination of those impacts. Requires DWR and the Department of Fish and Game (DFG) to identify, evaluate, and comparatively rate the principal options available to implement certain objectives that relate to the delta or the Sacramento and San Joaquin river systems. Requires DWR and DFG to jointly report to the Legislature and the Governor the results of their evaluations and comparative ratings no later than January 1, 2008.

Chapter 573, Statutes of 2005

AB 1244* (Wolk-D) CALFED Bay-Delta Program

Extends the January 1, 2006, sunset date for the California CALFED Bay-Delta Authority (CBDA) to January 1, 2010, and changes the agency name from "California" to the CALFED Bay-Delta Authority. Changes federal agency representatives to non-voting members of the CBDA board, while allowing federal agency representatives to count toward the board's quorum requirement. Otherwise retains existing board membership. Denies federal agency authority to modify, halt or otherwise restrict the discretion of any state agency in implementing CBDA programs and projects. Limits disclosure requirements for certain internal budget documents and discussions of the Independent Science Board. Makes other minor adjustments to CBDA legal authorities.

(On Assembly Inactive File)

AB 1245 (Wolk-D) CALFED Bay-Delta Program

Establishes the California Bay-Delta Environmental Water Account Fund in the State Treasury, administered by the Secretary of the State Resources Agency, in consultation with Director of the Department of Water Resources, the Director of the Department of Fish and Game, United States Bureau of Reclamation, United States Fish and Wildlife Service, and National Marine Fisheries Service. Requires the Secretary to complete a comprehensive review, and submit a related report to the Legislature, relating to the administration of the EWA Fund. Sunsets on January 1, 2009.

(In Senate Natural Resources and Water Committee)

AB 1269* (Pavley-D) Clean air, clean water, coastal protection and parks

Enacts the Clean Air, Clean Water, Coastal Protection, and Parks Bond Act of 2007 which, if adopted, authorizes, for purposes of financing an air and water quality, coastal protection, and parks program, the issuance of an unspecified amount of bonds, pursuant to the State General Obligation Bond Law.

(In Assembly Appropriations Committee)

AB 1271 (Blakeslee-R) Central Coast Agricultural Best Management Practices

Requires the Central Coast Regional Water Quality Control Board to conduct a five-year pilot project, to be known as the Agricultural Best Management Practices Pilot Project, in order to promote clean water practices in the region within the jurisdiction of that regional board. Requires that regional board to define and adopt achievable, attainable agricultural best management practices, based on current scientific findings, on or before January 1, 2007. Specifies possible limitations on the scope of the pilot project. Requires that regional board to report the results of the pilot program to the Legislature at the conclusion of the pilot project.

(In Assembly Environmental Safety and Toxic Materials Committee)

AB 1290 (La Malfa-R) Water use fees

Provides that certain water use fees imposed by the State Water Resources Control Board are to remain in effect only until the effective date of this bill. Declares that it is the intent of the Legislature to finance programs that were formerly funded by the imposition of these fees by appropriating funds from the fund that remain available for that purpose.

(Failed passage in Assembly Water, Parks and Wildlife Committee)

AB 1296 (Hancock-D) San Francisco Bay Area Water Trail

Establishes the San Francisco Bay Area Water Trail and requires the Bay Conservation and Development Commission, in collaboration with the State Coastal Conservancy and other public agencies and interested parties, to prepare a water trail plan by January 1, 2008.

Chapter 331, Statutes of 2005

AB 1328 (Wolk-D) Wild and scenic rivers: Cache Creek

Adds Cache Creek to the lists of specified rivers included in the Wild and Scenic River system.

Chapter 576, Statutes of 2005

AB 1343 (Assembly Environmental Safety And Toxic Materials Committee) Irrigated agriculture operations: equipment

Deems water monitoring equipment used by an irrigated agriculture operation that participates in an approved watershed management program, for the purposes of that program, to be water quality control equipment for the purpose of determining eligibility for loans or grants related to the use of water quality control equipment.

(In Assembly Environmental Safety and Toxic Materials Committee)

AB 1354 (Baca-D) Drinking water: perchlorate levels

Requires the Department of Health Services to establish a maximum contaminant level for perchlorate of six parts per billion, to be phased in over a period of two years commencing January 1, 2006. Declares the intent of the Legislature to include provisions to require persons or entities found responsible for perchlorate contamination of drinking water to pay the costs of removing that contamination.

(In Assembly Environmental Safety and Toxic Materials Committee)

AB 1421 (Laird-D) Water: discharge permits

Defines the terms "affected" and "background water quality condition," for the purposes of the Porter-Cologne Water Quality Control Act. Also authorizes the State Water Resources Control Board or a regional board to require replacement water for groundwater or surface water, where water quality has been degraded or otherwise impacted above background water quality conditions, and provides that nothing in those provisions shall limit the authority of the state board or a regional board to require complete cleanup of all waste discharged and restoration of affected water to background water quality.

(In Senate Environmental Quality Committee)

AB 1453 (Daucher-R) Adjudication of rights to produce groundwater

Establishes nine water divisions in the superior courts of specified counties, and requires the presiding judge of the superior court of each specified county to assign a water judge to the water division to preside over actions that involve the adjudication of rights to produce groundwater, and provides for the transfer of groundwater actions to those courts. Requires the presiding judge to consider the experience in groundwater adjudications of each candidate for assignment as water judge, and provides for filling the position of water judge in the event of a vacancy. Further provides that a water judge has exclusive subject matter jurisdiction, and a water division has exclusive venue, over all matters relating to the adjudication of rights to produce groundwater, as specified. Also requires the Judicial Council to promulgate special rules governing those actions, in consultation with the water judges the Department of Water Resources, and the State Water Resources Control Board.

(In Assembly Judiciary Committee)

AB 1466 (Laird-D) Tamarisk plant control

Establishes a tamarisk control and eradication program in the Department of Water Resources for the Colorado River watershed and calls for the reestablishing of native vegetation, requiring collaboration with the Department of Food and Agriculture, the Department of Fish and Game, the Colorado River Board, and others.

Vetoed by the Governor

AB 1665* (Laird-D) Flood control

Renames the State Reclamation Board the Central Valley Flood Management Board, and requires the Board to improve safety of Central Valley levees, as specified. Requires the board to prepare and submit to the Legislature one or more reports describing the history and engineering design of the facilities of the state plan of flood control.

(In Senate Natural Resources and Water Committee)

AB 1713 (Villines-R) Temperance Flat Water Storage Facility

Requires the Department of Water Resources to establish a water storage facility at Temperance Flat.

(In Assembly Water, Parks and Wildlife Committee)

AB 1724 (Villines-R) Water quality: reclamation: excessive rainfall

Prohibits a regional board from requiring a holder of a master reclamation permit or a water district to provide plans or water reclamation facilities to reclaim or recycle all water subject to a permit or passing through a water reclamation facility during a period of excessive rainfall. Authorizes a regional board to require a permittee or a water district to meet reasonable water quality standards during such a period based on other factors determined by the regional board. Requires the regional board to adopt those standards in accordance with the rulemaking provisions of the Administrative Procedure Act.

(In Assembly Water, Parks and Wildlife Committee)

AB 1727 (Aghazarian-R) State and regional water quality control boards

Requires the State Water Resources Control Board to appoint an executive director and, for each of the regional water quality control boards, an executive officer, all of whom will be exempt from civil service. Requires each executive officer to report to the executive director of the state board. Requires each regional board to delegate the issuance, modification, and revocation of waste discharge requirements to its executive officer and require appeals to these decisions made by that executive officer to be made to the executive director. Reduces the number of members on a regional board from nine to seven members, but will not affect the term of a member who serves on a regional board on January 1, 2006. Revises certain eligibility requirements for membership on a regional board. Requires the Governor to designate the chairperson of each regional board from the membership of that regional board, who will serve at the pleasure of the Governor. Requires each regional board to select one of its members to serve as vice chairperson. Makes other changes.

(In Assembly Environmental Safety and Toxic Materials Committee)

ACA 13 (Harman-R) Local government: assessments and fees or charges

Exempts from current requirements (1) an assessment for the purposes of financing the capital costs or maintenance and operation expenses of flood control, whether the assessment existed on November 6, 1996, or is imposed after that date, and (2) property owner and voter approval requirements a fee or charge related to flood control, storm water drainage, or surface water drainage.

(In Assembly Local Government Committee)

ACR 21 (Wolk-D) Watershed Awareness Month

Proclaims the month of May 2005, as Watershed Awareness Month.

Resolution Chapter 30, Statutes of 2005

ACR 84 (Walters-R) Ocean water desalination

Memorializes the Legislature's support of the development of ocean water desalination, where economically and environmentally appropriate, as an element of a balanced water supply portfolio to increase California's available water supply, to meet current and future water demands, and to reduce the level of dependence on imported water supplies. Also memorializes the Legislature's support of state policy that ensures that state agencies, administrators, and regulatory bodies consider the impacts of their decisions on the future viability of desalination projects and the disposition of potential ocean desalination sites and facilities.

(In Assembly Water, Parks and Wildlife Committee)

Index (in Bill Order)