reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80823.

80823. At the request of the department, the commission may order an electrical corporation, or its successor in the performance of a related service, to transmit or provide for the transmission of, and distribute all electricity made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services and adequately secure payment to the department.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80824.

80824. The commission may issue rules regulating the enforcement of the agency function pursuant to Section 80823, including the collection of nonbypassable charges and payment into the fund on behalf of the department.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80825.

80825. (a) If the department has executed an agreement with the commission pursuant to subdivision (c) of Section 80821, the department may recover its costs, as a revenue requirement, in the amounts sufficient and at the times necessary to fund the revenue requirement established pursuant to Section 80842, and shall advise the commission and each voluntarily participating local publicly owned electric utility, as the department determines to be appropriate and subject to the terms of the agreement.
(b) For purposes of this division and except as otherwise provided in subdivision (a), the commission’s authority as set forth in Section 451 of the Public Utilities Code shall apply.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80826.

80826. (a) A local publicly owned electric utility that voluntarily participates in the department’s central procurement function pursuant to Section 80822 shall enter into an agreement with the department for the revenue requirement to fund its participation and that agreement shall have the force and effect of an irrevocable financing order.
(b) The agreement shall provide for the administration of the revenue requirement, including both of the following:
(1) A requirement that the department annually notify the local publicly owned electric utility of the annual collections received by the department with respect to the revenue requirement and the amount of any excess or deficiency in collections above or below the revenue requirement. The local publicly owned electric utility shall adjust charges in the subsequent year to reflect any such excess or deficiency.
(2) During any revenue requirement period, a requirement that, if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund the revenue requirement established pursuant to Section 80842, the department notify the local publicly owned electric utility in writing and the local publicly owned electric utility shall act within 30 days of receiving that notice to increase the charge so that the amount collected during the period is sufficient to meet those obligations.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80827.

80827. All moneys collected by load-serving entities and local publicly owned electric utilities and remitted to the department for any eligible energy resources acquired and sold pursuant to this division, and all moneys paid directly or indirectly to or for the account of the department for any sale, exchange, transfer, or disposition of eligible energy resources acquired pursuant to this division, shall be deposited into the fund.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80828.

80828. The department may fix and establish the procedure and charges for the sale or other disposal of eligible energy resources purchased by the department.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 4 - Eligible Energy Resource Central Procurement Fund › Section 80830.

80830. (a) There is hereby established in the State Treasury the Eligible Energy Resource Central Procurement Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal year, to the department for purposes of this division.
(b) All revenues payable to the department pursuant to this division, including proceeds of bonds issued pursuant to Chapter 5 (commencing with Section 80840), shall be deposited into the fund. Notwithstanding any other law, interest accruing on the moneys in the fund shall be deposited into the fund and shall be used for purposes of this division.
(c) The fund, and the moneys in the fund, are separate and distinct from any other fund and moneys administered by the department.
(d) Payments from the fund may be made only for the following purposes:
(1) Payment of any bonds or other contractual obligations authorized by this division.
(2) The cost of energy and transmission, scheduling, and other related expenses incurred by the department.
(3) The expenses incurred by the department in administering this division, including costs of personnel, contracts, or arrangements to carry out the department’s duties and responsibilities pursuant to this division.
(e) Obligations authorized pursuant to this division shall be payable solely from the fund. Neither the full faith and credit nor the taxing power of the state are, or may be, pledged for any payment under any obligation authorized by this division.
(f) While any obligations of the department incurred pursuant to this division remain outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of, or parties to, those obligations. The department may include this pledge and undertaking of the state in the department’s obligations.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 5 - Bonds › Section 80840.

80840. (a) (1) If the department elects to exercise its central procurement function to conduct one or more competitive solicitations or enter into contracts to procure eligible energy resources pursuant to this division, as authorized by paragraph (4) of subdivision (a) of Section 454.52 of the Public Utilities Code, due to the timing of cost recovery processes, the department may determine that it is necessary or desirable to issue bonds to support activities for the procurement of eligible energy resources pursuant to this division.
(2) Upon making the determination described in paragraph (1), the department may issue bonds for purposes of financing the procurement of eligible energy resources in support of the fund and other related expenses incurred by the department pursuant to this division, and subsequent to the department having entered into an agreement with the commission regarding a revenue requirement. Bonds shall not be issued in an amount the debt service on which, to the extent payable from the fund, is estimated by the department to exceed the amounts estimated to be available in the fund for the payment of the bonds.
(b) Before the issuance of bonds in a public offering, the department shall ensure the bonds have an investment grade rating from at least one nationally recognized investment ratings firm and the document authorizing the issuance of the bonds shall provide for repayment from pledged revenues.
(c) The commission shall have an opportunity to review the trust agreement or other documents pursuant to which the bonds are issued and revenues are pledged, and shall consult with the department regarding the trust agreement or other documents regarding any relevant considerations of the commission and to ensure its consistency with the revenue requirement agreement between the department and commission.
(d) In addition to any other purposes for which bonds may be issued pursuant to this division, bonds may be issued for the following purposes:
(1) Refunding bonds to obtain a lower interest rate.
(2) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed rate.
(3) Refunding bonds if a nationally recognized investment ratings firm reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit, or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded.
(4) Refunding bonds issued to preserve a federal income tax exemption or to qualify or maintain other federal income tax benefits.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 5 - Bonds › Section 80842.

80842. (a) The department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys deposited into the fund, to provide all of the following:
(1) The amounts necessary to pay the principal of, and premium, if any, and interest on, all bonds as and when the same shall become due.
(2) The amounts necessary to pay for electricity purchased by it and to deliver it to purchasers, including the cost of electricity, transmission, scheduling, and other related expenses incurred by the department, or to make payments under any other contracts, agreements, or obligations entered into by it pursuant to this division, in the amounts and at the times the same shall become due.
(3) Reserves in amount as may be determined by the department from time to time to be necessary or desirable.
(4) The pooled money investment rate on funds advanced for electricity purchases before the receipt of payment for those purchases by the purchasing entity.
(5) The administrative costs of the department and other state agencies, including the costs and fees for professional services, bond issuance and sale, and other miscellaneous costs, incurred in connection with the issuance of bonds or the administration of this division.
(b) The department shall notify the commission of its revenue requirement pursuant to the agreement required pursuant to Section 80821 and that revenue requirement shall be satisfied by the recovery of its costs through a nonbypassable charge.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 6 - Termination of Authority to Contract › Section 80850.

80850. (a) On or after January 1, 2035, the department shall not contract under this division for the purchase of electrical power.
(b) This section does not affect the authority of the department to administer contracts entered into before that date or any of the department’s outstanding bond obligations.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 1 - General Provisions › Section 81000.

81000. (a) It is the intent of the Legislature in establishing the CalConserve Water Use Efficiency Revolving Fund to create a sustainable funding source for water use efficiency projects.
(b) It is further the intent of the Legislature that the funds from the CalConserve Water Use Efficiency Revolving Fund be used for the following purposes:
(1) Measurable reductions in urban per capita water use.
(2) Improvements in agricultural water use efficiency and measurable reductions in agricultural water use.
(3) Increased use of recycled water.
(4) Reductions in greenhouse gas emissions and water and energy use.
(c) It is the intent of the Legislature that any public funds made available by this division to private water companies regulated by the Public Utilities Commission should be for the benefit of the ratepayers or the public and not the investors pursuant to oversight by the Public Utilities Commission.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 1 - General Provisions › Section 81005.

81005. For purposes of this division, the following terms have the following meanings:
(a) “Fund” means the CalConserve Water Use Efficiency Revolving Fund established pursuant to Section 81020.
(b) “Local agency” means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, water district as defined in Section 20200, public water system as defined in Section 116275 of the Health and Safety Code, or private water company under the jurisdiction of the Public Utilities Commission.
(c) “On-bill financing” means a utility-based method for providing low-interest or no-interest financing for water use efficiency improvements through the monthly utility bill.
(d) “Technical assistance” means costs incurred for providing advice, training, or other assistance to local agencies, such as the following:
(1) Conducting specialized studies to identify water conservation opportunities that meet the intent of Section 81000.
(2) Planning of specific remodeling, renovation, repair, replacement, or other projects related to water conservation.
(3) Developing a project proposal for funding from the fund.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81020.

81020. The CalConserve Water Use Efficiency Revolving Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the department for expenditure in accordance with this division. The department is the state agency responsible for administering the fund.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81022.

81022. The proceeds of any bonds authorized to be issued and available for the purposes of Section 79157 shall be transferred to the fund and used by the department for loans and grants to local agencies to acquire and construct agricultural water conservation projects consistent with Article 3 (commencing with Section 79157) of Chapter 8 of Division 26.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81023.

81023. (a) Consistent with Division 26.7 (commencing with Section 79700), the sum of three million dollars ($3,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20.
(b) The department may implement this section by providing to a local agency a zero-interest loan.
(c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency.
(d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the fund.
(Amended by Stats. 2021, Ch. 115, Sec. 98. (AB 148) Effective July 22, 2021.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81024.

81024. The department may undertake any of the following:
(a) Provide for the deposit of any available and necessary moneys into the fund.
(b) Enter into agreements with local agencies that provide water or recycled water service to provide loans for the purposes described in subdivision (b) of Section 81000.
(c) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund.
(d) Take additional incidental action as appropriate for the adequate administration and operation of the fund.
(e) Make requests on behalf of the state for deposit into the fund of available federal moneys.
(f) Enter into agreements with the federal government for federal contributions to the fund.
(g) Accept federal contributions to the fund.
(h) Provide technical assistance to local agencies.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81026.

81026. (a) The department may enter into an agreement with the federal government for federal contributions to the fund only if both of the following conditions are met:
(1) The state identifies any required matching funds.
(2) The department is prepared to commit to the expenditure of any minimum amount in the fund in the manner required by the federal government.
(b) Any agreement between the department and the federal government shall contain those provisions, terms, and conditions required by the federal government and any implementing federal rules, regulations, guidelines, and policies, including, but not limited to, agreement to expend moneys in the fund in an expeditious and timely manner.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81030.

81030. Moneys in the fund shall be used for the following purposes:
(a) Loans to local agencies that meet all of the following requirements:
(1) Are made at or below market interest rates.
(2) Require annual payments of principal and any interest, with repayment commencing not later than one year after loan funding and full amortization not later than 20 years after loan funding. Full amortization for loans to disadvantaged communities shall be not later than 25 years after loan funding.
(3) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan.
(b) To guarantee, or purchase insurance for, local obligations if that action would improve credit market access or reduce interest rates.
(c) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund.
(d) To earn interest.
(e) Technical assistance.
(f) For payment of the department’s reasonable costs of administering the fund, not to exceed 4 percent of the fund.
(g) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on, the types of assistance described in this section that is authorized by a federal capitalization grant deposited in the fund to the extent authorized and funded by that federal capitalization grant.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81033.

81033. Funds made available pursuant to this division to a local agency shall not be used for that local agency’s administrative costs.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 2 - CalConserve Water Use Efficiency Revolving Fund › Section 81035.

81035. Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, shall be deposited in the fund and shall be available for expenditure for the purposes and uses authorized by this division.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 3 - Implementation › Section 81040.

81040. Projects shall have one or more of the following benefits:
(a) Measurably reduce urban per capita potable water use.
(b) Measurably reduce agricultural water use.
(c) Increase the use or availability of recycled water supply.
(d) Reduce greenhouse gas emission and water and energy use.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 3 - Implementation › Section 81042.

81042. Subject to all applicable constitutional restrictions, a local agency may borrow money and incur indebtedness pursuant to this division.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 3 - Implementation › Section 81044.

81044. The department may adopt rules and guidelines necessary or convenient to implement this division.
(Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 30 - CalConserve Water Use Efficiency Revolving Loan Program › PART 3 - Implementation › Section 81046.

81046. A local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing.
(Amended by Stats. 2015, Ch. 2, Sec. 10. (AB 92) Effective March 27, 2015.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 1 - General Provisions › Section 81300.

81300. This division shall be known and may be cited as the Bay Area Water Supply and Conservation Agency Act.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 1 - General Provisions › Section 81301.

81301. The Legislature finds and declares all of the following:
(a) Many separate cities, districts, and public utilities are responsible for distribution of water in portions of the Bay Area served by the regional system operated by the City and County of San Francisco. Residents in the Counties of Alameda, San Mateo, and Santa Clara who depend on the water made available on a wholesale basis by the regional system have no right to vote in elections in the City and County of San Francisco and are not represented on the San Francisco commission that oversees operation of the regional system.
(b) The San Francisco regional system is vulnerable to catastrophic damage in a severe earthquake, which could result in San Francisco and neighboring communities being without potable water for up to 60 days. The San Francisco regional system is also susceptible to severe water shortages during periods of below average precipitation because of insufficient storage and the absence of contractual arrangements for alternative dry year supplies.
(c) The lack of a local, intergovernmental, cooperative governance structure for the San Francisco regional system prevents a systematic, rational, cost-effective program of water supply, water conservation, and recycling from being developed, funded, and implemented.
(d) It is the intent of the Legislature to enable local governments responsible for water distribution in the three counties to establish a multicounty agency authorized to plan for and acquire supplemental water supplies, to encourage water conservation and use of recycled water on a regional basis, and to assist in the financing of essential repairs and improvements to the San Francisco regional water system, including seismic strengthening.
(e) The need for coordinated planning and implementation of strategies for water supply, water conservation, water recycling, and repair and improvement of the San Francisco regional system may appropriately lead to the establishment of the Bay Area Water Planning and Conservation Agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81302.

81302. Unless the context otherwise requires, the definitions in this article govern the construction of this division.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81303.

81303. “Agency” means the Bay Area Water Supply and Conservation Agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81304.

81304. “Board” means the board of directors of the agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81305.

81305. “Eligible public entities” means the 24 public entities in San Mateo County, Alameda County, and Santa Clara County that purchase water from San Francisco pursuant to the July 2009 Water Supply Agreement, or any subsequent water supply contract, that include Alameda County Water District, City of Brisbane, City of Burlingame, Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, Town of Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast County Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City, City of San Bruno, City of San Jose, City of Santa Clara, City of Sunnyvale, and Westborough Water District.
(Amended by Stats. 2010, Ch. 63, Sec. 1. (AB 2488) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81306.

81306. “Project” means a work and all of the activities related to, or necessary for, the acquisition, construction, operation and maintenance of a work, including, but not limited to, planning, design, financing, contracting, project management, and administration.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81307.

81307. “Regional water system” means facilities for the storage, treatment, and transmission of water operated by San Francisco located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, San Mateo, and three terminal reservoirs in San Francisco.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81307.5.

81307.5. “San Francisco” means the City and County of San Francisco.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81308.

81308. “Work” or “works” include, but is not limited to, reservoirs, water treatment plants, facilities for the transmission of water, water conservation measures and programs, facilities for the conjunctive use of surface water and groundwater, and facilities for the transmission of recycled water.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 1 - General Provisions and Definitions › ARTICLE 2 - Definitions › Section 81309.

81309. “Zone” means an improvement district, assessment district, or area benefiting from a project.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 1 - Resolution of Intention › Section 81315.

81315. (a) The governing body of a public entity identified in Section 81305, by a majority vote of all of its members, may declare the intention of that entity to form the agency with all of the other public entities identified in that section.
(b) The resolution shall meet all of the following requirements:
(1) Identify the name of the public entity adopting the resolution.
(2) Identify the name of each public entity proposed to be a member of the agency, which shall include all public entities identified in Section 81305.
(3) Fix the time and place within the boundaries of the public entity adopting the resolution at which a hearing will be held by its governing body to determine whether to form the agency and whether to become a member of the agency. The date of the hearing may not be less than 30 days, nor more than 60 days, from the date of the adoption of the resolution.
(4) Direct publication of the resolution one time in a newspaper of general circulation within the boundaries of the public entity adopting the resolution at least two weeks prior to the date set for the hearing.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 1 - Resolution of Intention › Section 81316.

81316. The governing board of the public entity adopting the resolution pursuant to Section 81315, not later than 10 days after the date of the adoption of the resolution, shall mail a certified copy of the resolution to the governing body of each public entity identified in the resolution as a proposed member of the agency. The governing body of each proposed member, not later than 60 days after the date of the adoption of the resolution described in Section 81315, shall adopt a resolution fixing the time and place within the boundaries of that public entity at which a hearing will be held to determine whether to form the agency and whether to become a member. The date of the hearing shall be not less than 30 days, nor more than 60 days, from the date of the adoption of the resolution by that public entity. The resolution shall be published one time in a newspaper of general circulation within the boundaries of that public entity at least two weeks prior to the date set for the public hearing.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 2 - Formation Hearings › Section 81317.

81317. At the times and places specified in the resolutions adopted pursuant to Section 81315 or 81316, the governing body of each public entity shall hold a public hearing on the question of whether to form, and become a member of, the agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 2 - Formation Hearings › Section 81318.

81318. As soon as practicable after the completion of the public hearing described in Section 81317, and in any event not later than 60 days thereafter, the governing body of each public entity shall adopt a resolution that declares the finding of the governing body as to whether to form and become a member of the agency. The adoption of the resolution, whether affirmative or negative, is subject to referendum pursuant to Division 9 (commencing with Section 9000) of the Elections Code, but shall not be a “project” for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 2 - Formation Hearings › Section 81319.

81319.  Not later than 10 days after the date of the adoption of the resolution required by Section 81318, the governing body of each public entity shall cause a certified copy of the resolution to be forwarded to the Board of Supervisors of San Mateo County.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81325.

81325. Not later than 60 days from the date of the receipt of the resolutions pursuant to Section 81319, the Board of Supervisors of San Mateo County shall determine whether or not resolutions to form and join the agency have been adopted by at least 15 public entities representing collectively at least 60 percent of the total water deliveries of all the public entities identified in Section 81305. In making that determination, the board of supervisors shall use the water delivery quantities set forth in subdivision (b) of Section 81460. If 15 or more public entities representing collectively 60 percent or more of those water deliveries have adopted those resolutions, the board of supervisors, by order entered in its minutes, shall declare that the agency has been formed and list each public entity that is a member of the agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81325.5.

81325.5. In making the determination required by Section 81325, the board of supervisors shall include all resolutions received by the county at least 10 days before the date of the public meeting at which the determination is made.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81325.7.

81325.7. If the board of supervisors determines that the resolutions submitted are insufficient to form the agency, the eligible public entities may again undertake the process described in Sections 81315 to 81319, inclusive, at any time. In addition, resolutions adopted that approve formation of the agency may remain in effect for the time specified in those resolutions, unless those resolutions are otherwise repealed.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81326.

81326. The Clerk of the Board of Supervisors of San Mateo County, not later than 10 days from the date of entry of an order described in Section 81325, shall file a certificate with the Secretary of State identifying the name of the agency and the names of each public entity that is a member of the agency. The board of supervisors shall include a map showing the boundaries of the agency, with reference to the boundaries of each member public entity.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81327.

81327. The Secretary of State, not later than 10 days from the date of the receipt of the certificate described in Section 81326, shall issue a certificate of formation reciting that the agency has been formed pursuant to this division and identifying the public entities of which the agency is comprised. The Secretary of State shall transmit a copy of the certificate to each public entity that is a member of the agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81328.

81328. The formation of the agency shall be effective on the date of the issuance of the Secretary of State’s certificate.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81329.

81329. No invalidity or irregularity in any proceeding that does not substantially and adversely affect the interests of any public entity identified in Section 81305 may be held to invalidate the formation of the agency.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81330.

81330. Any action or proceeding in which the validity of the formation of the agency, or any of the proceedings in relation thereto, is contested, questioned, or challenged shall be commenced not later than 60 days from the date of the Secretary of State’s certificate of formation. In the absence of that action or proceeding, the formation and legal existence of the agency, and all proceedings in relation thereto, shall be held to be in every respect valid, legal, and incontestable.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 2 - Formation of Agency › ARTICLE 3 - Establishment of Agency › Section 81331.

81331. The formation of the agency, proceedings to increase its membership pursuant to Section 81456 or 81456.5, or the establishment or modification of any zone or improvement district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81335.

81335. The agency shall be governed by a board of directors.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81336.

81336. (a) The governing body of each member public entity shall appoint one member to the board of the agency. Each director shall be a registered voter and reside within the boundaries of the member public entity whose governing board appoints him or her.
(b) For the purposes of subdivision (a), the governing body may appoint one of its own members to the board if that person otherwise meets the requirements of that subdivision.
(c) (1) The Board of Supervisors of San Mateo County shall appoint one member to the board who is an officer or employee of the California Water Service Company.
(2) The Board of Supervisors of Santa Clara County shall appoint one member to the board who is an officer or employee of Stanford University.
(d) The initial appointments shall be made not later than 60 days after the date of the issuance of the certificate of formation pursuant to Section 81327.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81336.5.

81336.5. (a) No incompatibility of office shall result from an elected official serving on the board of the agency and on the governing board of a member public entity. A board member may vote on contracts or other matters involving the member public entity he or she represents.
(b) The agency may enter into a contract with California Water Service Company only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of San Mateo County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of San Mateo County.
(c) The agency may enter into a contract with Stanford University only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of Santa Clara County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of Santa Clara County.
(d) A contract approved pursuant to the requirements of this division does not constitute a violation of Section 1090 or 1097 of the Government Code, nor is it void or voidable pursuant to Section 1092 of the Government Code.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81337.

81337. Each director, before entering upon the duties of his or her office, shall take the oath of office as provided for in the California Constitution and laws of the state. The chairperson or vice chairperson of the board, or the secretary of the agency, may administer the oath.
(Amended by Stats. 2010, Ch. 63, Sec. 2. (AB 2488) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81338.

81338. (a) Each director shall serve a term of four years.
(b) Notwithstanding subdivision (a), the directors initially appointed to the board shall determine, by lot, that one-half plus one of their number shall serve for four years and the remaining directors shall serve for two years. Thereafter, each appointing authority shall appoint a person to replace its respective director or may reappoint its director for an unlimited number of terms.
(c) A vacancy on the board shall be filled by the respective appointing authority not later than 90 days from the date of the occurrence of the vacancy.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81339.

81339. Each director may receive compensation in an amount prescribed by the board, not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board, not to exceed four meetings in any calendar month. In addition, each director may be reimbursed for actual, necessary, and reasonable expenses incurred in the performance of duties performed at the request of the board. The compensation of directors may be increased pursuant to Chapter 2 (commencing with Section 20200) of Division 10.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81400.

81400. A majority of the members of the board constitutes a quorum for the transaction of business. The board shall act only by ordinance, resolution, or motion.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81401.

81401. The board shall hold its first meeting as soon as possible after the appointment of the initial directors. At its first meeting, and at its first meeting in January each year thereafter, the board shall elect a chairperson and a vice-chairperson from among its members.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81402.

81402. The board shall provide for the time and place of holding its regular meetings. All meetings of the board shall be called and held in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31 - BAY AREA WATER SUPPLY AND CONSERVATION AGENCY › CHAPTER 3 - Government of Agency › ARTICLE 1 - Board of Directors › Section 81403.

81403. Subject to Section 81405, each director has one vote. The affirmative vote of a majority of the total membership of the board is necessary and sufficient to carry any motion, resolution, or ordinance, except when weighted voting is in effect pursuant to Section 81404 or as otherwise provided by this division.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)