EXHIBIT 20-A
 
 
BILL NUMBER: AB 1421 AMENDED
 BILL TEXT
 
 AMENDED IN ASSEMBLY APRIL 18, 2005
 
INTRODUCED BY Assembly Member Laird
 (Coauthor: Assembly Member Salinas)
 
 FEBRUARY 22, 2005
 
 An act to add Section 115 to the Water Code, relating to water.
 
 
 LEGISLATIVE COUNSEL'S DIGEST
 
 
 AB 1421, as amended, Laird. Water supply projects: Monterey
Peninsula Water Management District.
 (1) The Monterey Peninsula Water Management District Law
establishes the Monterey Peninsula Water Management District and
provides for its powers and purposes. Existing law authorizes the
appropriation of various funds for water supply projects.
 This bill  , except as specified,  would prohibit a state
agency with  regulatory or grant authority from approving,
or otherwise providing state grant funds for, a project that would
provide water within the boundaries of the Monterey Peninsula Water
Management District unless a certain requirement is met 
 authority over the planning or permitting of, or the granting of
funds for, a water project, from approving or providing funds for a
water project that would provide 750 acre-feet or more of new water
supplies within the boundaries of the district, unless at least 750
acre-feet of that water is reserved and made available by the project
for allocation to affordable housing, as defined, and will be used
to meet the affordable housing needs, as defined, of each
jurisdiction within the district's boundaries. The bill, except as
specified, would prohibit such a state agency, if a water project
would provide less than 750 acre-feet of new water supplies within
the boundaries of the district, from approving or providing funds for
that water project unless the jurisdiction developing or being
served by the water project makes available at least   20%
of the water provided to meet the affordable housing needs of the
jurisdiction. The bill would provide that its provisions shall become
inoperative when the affordable housing needs of the district are
met  .
 (2) The bill would make a finding and declaration of the
Legislature regarding the inapplicability of a general statute within
the meaning of Section 16 of Article IV of the California
Constitution.
 Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
 
 
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
 
 
 SECTION 1. Section 115 is added to the Water Code, to read:
 115. A state agency with regulatory or grant authority
shall not approve, or provide any state grant funds for, a project
that would provide water within the boundaries of the Monterey
Peninsula Water Management District, unless seven hundred fifty acre
feet of water made available by the project is allocated to
affordable housing, as specified in the General Plan adopted by each
city or county within the jurisdictional boundaries of the Monterey
Peninsula Water Management District. For the purposes of this
subdivision, "affordable housing" means housing that is offered below
the fair market rate and that provides a preference to the local
work force.   (a)     (1)  
  A state agency with authority over the planning or
permitting of, or the granting of funds for, a water project, shall
not approve or provide funds for a water project that would provide
750 acre-feet or more of new water supplies within the boundaries of
the Monterey Peninsula Wa   ter Management District, unless
at least 750 acre-feet of that water is reserved and made available
by the project for allocation to affordable housing, and will be used
to meet the affordable housing needs of each jurisdiction within the
district's boundaries.  
 (2) If the water project would provide less than 750 acre-feet of
new water supplies within the boundaries of the Monterey Peninsula
Water Management District, a state agency with authority over the
planning or permitting of, or the granting of funds for, the water
project shall not approve or provide funds for that water project
unless the jurisdiction developing or being served by the water
project makes available at least 20 percent of the water provided to
meet the affordable housing needs of the jurisdiction.  
 (b) For the purposes of this section, "affordable housing" means
housing that is occupied by persons and families of low or moderate
income as defined by Section 50093 of the Health and Safety Code.
 
 (c) For the purposes of this section, "affordable housing needs"
means housing units for jurisdictions within the Monterey Peninsula
Water Management District, as defined by the Regional Housing Needs
Plan published by the Association of Monterey Bay Area Governments
and in effect as of January 1, 2006.  
 (d) This section does not apply to a water project that received
the approval of the California Coastal Commission before January 1,
2006.  
 
 (e) This section shall become inoperative when the affordable
housing needs, as defined in subdivision (c), of the Monterey
Peninsula Water Management District are met. 
 SEC. 2. The Legislature finds and declares that this act, which is
applicable only to the Monterey Peninsula Water Management District,
is necessary because of the unique and special water supply and
housing problems in the area included in the district. It is,
therefore, hereby declared that a general law within the meaning of
Section 16 of Article IV of the California Constitution cannot be
made applicable to the district and the enactment of this special law
is necessary for the conservation, development, control, and use of
that water for the public good.