DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300. - 81461.]
Division 31 added by Stats. 2002, Ch. 844, Sec. 1.
§§ 81300–81461 · 86 sections
CHAPTER 1. General Provisions and Definitions §§ 81300–81309 · 11 sections
ARTICLE 1. General Provisions §§ 81300–81301 · 2 sections
ARTICLE 2. Definitions §§ 81302–81309 · 9 sections
- § 81302 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- § 81303 “Agency” means the Bay Area Water Supply and Conservation Agency.
- § 81304 “Board” means the board of directors of the agency.
- § 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…
- § 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,…
- § 81307 “Regional water system” means facilities for the storage, treatment, and transmission of water operated by San Francisco located in the Counties of Tuolumne,…
- § 81307.5 “San Francisco” means the City and County of San Francisco.
- § 81308 “Work” or “works” include, but is not limited to, reservoirs, water treatment plants, facilities for the transmission of water, water conservation measures and…
- § 81309 “Zone” means an improvement district, assessment district, or area benefiting from a project.
CHAPTER 2. Formation of Agency §§ 81315–81331 · 14 sections
ARTICLE 1. Resolution of Intention §§ 81315–81316 · 2 sections
- § 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…
- § 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…
ARTICLE 2. Formation Hearings §§ 81317–81319 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 3. Establishment of Agency §§ 81325–81331 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 81328 The formation of the agency shall be effective on the date of the issuance of the Secretary of State’s certificate.
- § 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…
- § 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…
- § 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…
CHAPTER 3. Government of Agency §§ 81335–81410 · 17 sections
ARTICLE 1. Board of Directors §§ 81335–81406 · 13 sections
- § 81335 The agency shall be governed by a board of directors.
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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…
- § 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.
- § 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…
- § 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…
- § 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…
- § 81404 Before the vote on any motion, resolution, or ordinance is taken, any director may call for weighted voting. Upon such a call, Section 81405 shall apply as to…
- § 81405 (a) Weighted voting shall be based on the average deliveries of water during the 2000–01 fiscal year, as set forth in Section 81460. (b) When weighted voting…
- § 81406 (a) On all ordinances and resolutions, and on all questions to be decided by weighted voting, the roll shall be called and ayes and noes recorded in the…
ARTICLE 2. Officers and Employees §§ 81407–81410 · 4 sections
- § 81407 The board shall appoint a general manager, a financial officer, and a secretary. The board may establish other offices that may be necessary or convenient. The…
- § 81408 The board may employ other employees that the board determines are necessary or convenient and may delegate to the general manager the authority to employ or…
- § 81409 The board may require, and establish the amount of, official bonds of officers and employees that are necessary for the protection of the funds and property of…
- § 81410 (a) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to all officers and employees of the agency.…
CHAPTER 4. Powers and Functions of Agency §§ 81415–81442 · 28 sections
ARTICLE 1. Powers §§ 81415–81423 · 9 sections
- § 81415 The agency may exercise the powers that are expressly granted by this division, together with other powers that are reasonably implied from those express…
- § 81416 The agency may adopt a seal and alter it at pleasure.
- § 81417 The agency may adopt regulations to carry out this division.
- § 81418 (a) The agency may make contracts of any nature, including, but not limited to, contracts to employ labor, to indemnify and hold harmless, and to do all acts…
- § 81419 The agency may take by grant, purchase, bequest, devise, lease, or eminent domain, and may hold, enjoy, lease, sell, or otherwise dispose of real and personal…
- § 81420 The agency may plan, finance, acquire, construct, maintain, and operate facilities for the collection, transmission, treatment, reclamation, reuse, and…
- § 81421 The agency may disseminate information concerning its activities.
- § 81422 The agency may apply for and receive state and federal grants, loans, and other financial assistance, including, but not limited to, assistance available…
- § 81423 (a) The agency may assist any of the entities identified in Section 81460 that are subject to Part 2.55 (commencing with Section 10608) of Division 6 to meet…
ARTICLE 2. Financial Matters §§ 81425–81435 · 11 sections
- § 81425 The board shall adopt a budget for each fiscal year.
- § 81426 The accounts of the agency shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with…
- § 81427 The agency may borrow money, incur indebtedness, and issue notes and bonds, as provided in this division or as otherwise authorized by law.
- § 81428 (a) The agency may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all of the members of the board present and voting which also…
- § 81429 The agency may issue bonds for the purpose of refunding any revenue bonds of the agency, whether due or not due.
- § 81430 The agency may issue negotiable promissory notes to acquire funds for any agency purpose. The notes shall have a term not to exceed five years. The total…
- § 81431 The authority granted pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal…
- § 81432 Bonds and other evidences of indebtedness issued by the agency are legal investments for all trust funds and for funds of all insurers, commercial and savings…
- § 81433 The board may impose assessments sufficient to pay the operating expenses included in the budget, which shall be an obligation of each member public entity,…
- § 81434 The agency may use proceeds of bonds authorized by this division for the construction, reconstruction, or improvement of any works carried out by the agency.…
- § 81435 The agency may impose reasonable rates, fees, and charges on Stanford University, the California Water Service Company, and the agency’s member public entities…
ARTICLE 2.5. Additional Financing Authority §§ 81436–81438 · 5 sections
- § 81436 For the purposes of this article, the following definitions shall apply: (a) “BAWSCA members” means Stanford University, the California Water Service Company,…
- § 81436.5 The agency may prepay all or a portion of any unpaid principal balance relating to the existing capital assets as of June 30, 2009, on behalf of BAWSCA…
- § 81437 (a) (1) The agency may acquire from the City and County of San Francisco the right to receive all or a portion of the amounts payable by BAWSCA members under…
- § 81437.5 In addition to the uses authorized in Section 81434, the agency may use proceeds of bonds issued pursuant to this division as follows: (a) For the…
- § 81438 (a) In addition to the authority granted in Section 81435, the agency may do all of the following: (1) Impose reasonable rates, fees, and charges on BAWSCA…
ARTICLE 3. Controversies §§ 81440–81442 · 3 sections
- § 81440 The agency may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction.
- § 81441 All claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 81442 An action to determine the validity of any contract, or any bond, note, or other evidence of indebtedness, may be brought pursuant to Chapter 9 (commencing…
CHAPTER 5. Water Supply §§ 81445–81452 · 8 sections
- § 81445 The agency may do all of the following: (a) Acquire water and water rights within or outside the state. (b) Develop, store, and transport water. (c) Provide,…
- § 81446 The agency may conduct studies of the water supplies available to its members, and their current and future demand for water. The agency may develop plans for…
- § 81447 The agency may provide, deliver, and sell water not needed for municipal, domestic, or industrial uses within the boundaries of the agency for beneficial…
- § 81448 The agency may not sell water to any retail user within the boundaries of the agency. Sales to Stanford University shall not be deemed sales to a retail user.
- § 81449 Except as provided in Section 81452, the agency may exercise the right of eminent domain in the manner provided by law to acquire any property, within or…
- § 81450 The agency is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the state, or any agency or…
- § 81451 The agency may construct and operate works and facilities in, under, over, across, or along any street or public highway or over any of the lands which are the…
- § 81452 The agency may not acquire by eminent domain, interfere with, or exercise any control over, any water distribution facility owned and operated by any city,…
CHAPTER 6. Changes in Organization §§ 81455–81456.7 · 4 sections
- § 81455 Any territory annexed to, or detached from, a member public entity, upon completion of the annexation or detachment, shall be deemed annexed to, or detached…
- § 81456 (a) A public entity identified in Section 81305 that is not a member at the time the agency is formed pursuant to Section 81328 may thereafter join the agency,…
- § 81456.5 San Francisco may become a member of the agency pursuant to Section 81456.
- § 81456.7 Not later than 10 days after the date on which any new member is admitted, the agency shall notify in writing the Secretary of State with regard to the name of…
CHAPTER 7. Miscellaneous §§ 81457–81461 · 4 sections
- § 81457 Membership of a public entity in the agency does not affect the identity or legal existence, nor impair the powers, of that public entity.
- § 81459 This division shall be liberally construed to carry out its purposes.
- § 81460 (a) The water delivery quantities set forth in subdivision (b) describe, for the purposes of this division, the average daily deliveries of water from San…
- § 81461 Nothing in this act changes the governance, control, or ownership of the regional water system.