AMENDED IN ASSEMBLY JULY 13, 2023
AMENDED IN ASSEMBLY MAY 15, 2023
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 530
Introduced by Assembly Member Boerner
February 8, 2023
An act to amend Section 11 of the County Water Authority Act (Chapter 545 of the Statutes of 1943), 21213 of the Vehicle Code , relating to water. vehicles.
legislative counsel’s digest
AB 530, as amended, Boerner. County Water Authority Act:
exclusion of territory: procedure. Vehicles: electric bicycles.
Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, an electric bicycle is a bicycle and rules pertaining to the oper ation of bicycles apply to electric bicycles. Existing law pr ohibits a per son under 16 years of a ge from operating a class 3 electric bicycle . A violation of the Vehicle Code is a crime.
This bill would prohibit a person under 12 years of age from operating an electric bicycle of any class. The bill would state the intent of the Legislature to create an e-bike license program with an online written test and a state-issued photo identification for those persons without a valid driver’s license , prohibit per sons under 12 year s of a ge from riding e-bikes, and create a stakeholders working group composed of the Department of Motor Vehicles, the Department of the California Highway Patrol, the Transportation Agency, bicycle groups, policy and
96 fiscal staff, and other relevant stakeholders to work on recommendations to establish an e-bik e training program and license. Because the bill would pr ohibit certain per sons fr om riding electric bicycles, the violation of whic h would be a crime , the bill would impose a state-mandated local program.
The California Constitution r equires the state to r eimburse local agencies and school districts for certain costs mandated by the state .
Statutory pr ovisions establish pr ocedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The County Water Authority Act provides for the formation of county water authorities and grants to those authorities specified powers with regards to pro viding w ater service. The act pro vides 2 methods of excluding territory from an y county w ater authority, one of which is that a public agency whose corporate area as a unit is part of a county water authority may obtain e xclusion of the area by submitting to the electors within the public agency, at any general or special election, the proposition of excluding the public agenc y’s corporate area from the county water authority. Existing law requires that, if a majority of the electors appro ve the proposition, specified actions tak e place to implement the exclusion.
This bill w ould additionally require the public entity to submit the proposition of excluding the public agenc y’s corporate area from the county water authority to the electors within the territory of the county water authority. The bill would require the 2 elections to be separate; however, the bill authorizes both elections to run concurrently. The bill would require a majority vote for withdrawal in both elections for the withdrawal of the public agency from the territory of the county water authority.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Le gislature to enact line 2 legislation to cr eate an e-bik e license pr ogram with an online line 3 written test and a state-issued photo identification for those persons line 4 without a valid driver’s license, prohibit persons under 12 years line 5 of a ge from riding e-bik es, and cr eate a stak eholders working 96 — 2 — AB 530
line 1 group composed of the Department of Motor Vehicles, the line 2 Department of the California Highway Patrol, the Transportation line 3 Agency, bicycle groups, policy and fiscal staff, and other relevant line 4 stakeholders to work on r ecommendations to establish an e-bik e line 5 training program and license.
line 6 SEC. 2. Section 21213 of the Vehicle Code is amended to read:
line 7 21213. (a) A person under 16 years of age shall not operate a line 8 class 3 electric bicycle.
line 9 (b) A person shall not operate a class 3 electric bicycle, or ride line 10 upon a class 3 electric bic ycle as a passenger , upon a street, line 11 bikeway, as defined in Section 890.4 of the Streets and Highways line 12 Code, or any other public bicycle path or trail, unless that person line 13 is wearing a properly fitted and fastened bicycle helmet that meets line 14 the standards of either the American Society for Testing and line 15 Materials (ASTM) or the United States Consumer Product Safety line 16 Commission (CPSC), or standards subsequently established by line 17 those entities. This helmet requirement also applies to a person line 18 who rides upon a class 3 electric bicycle while in a restraining seat line 19 that is attached to the bicycle or in a trailer towed by the bicycle. line 20 (c) A person under 12 years of age shall not operate an electric line 21 bicycle of any class.
line 22 SEC. 3. No reimbursement is required by this act pursuant to line 23 Section 6 of Article XIII B of the California Constitution because line 24 the only costs that may be incurr ed by a local a gency or school line 25 district will be incurred because this act cr eates a new crime or line 26 infraction, eliminates a crime or infraction, or changes the penalty line 27 for a crime or infraction, within the meaning of Section 17556 of line 28 the Government Code, or changes the definition of a crime within line 29 the meaning of Section 6 of Article XIII B of the California line 30 Constitution.
line 31 SECTION 1. Section 11 of the County Water Authority Act line 32 (Chapter 545 of the Statutes of 1943), as amended by Section 3 of line 33 Chapter 1408 of the Statutes of 1985, is amended to read:
line 34 Sec. 11. (a) Exclusion of territory from an y county w ater line 35 authority may be effected by either of the following methods:
line 36 (1) Territory excluded from the portion of the corporate area of line 37 any public agenc y that lies within the e xterior boundaries of a line 38 county w ater authority , the public agenc y being a unit of the line 39 authority, and that e xclusion occurs in accordance with the line 40 provisions of law applicable to those exclusions, shall thereby be 96 AB 530 — 3 —
line 1 excluded from and shall no longer be a part of the authority; line 2 provided, that the taxable property within the e xcluded territory line 3 shall continue to be taxable by the county water authority for the line 4 purpose of paying the bonded or other indebtedness outstanding line 5 or contracted for at the time of the exclusion and until the bonded line 6 or other indebtedness has been satisfied; pro vided further, that if line 7 the taxable property within the e xcluded territory or an y part line 8 thereof shall be, at the time of the e xclusion, subject to special line 9 taxes levied, or to be levied, by the county water authority pursuant line 10 to terms and conditions pre viously fix ed under paragraph line 11 subdivision (c) or (d) of Section 10 for the anne xation of the line 12 excluded territory or part thereof to the county w ater authority, line 13 the taxable property within the e xcluded territory or part thereof line 14 so subject to those special taxes shall continue to be taxable by the line 15 county water authority for the purpose of raising the aggre gate line 16 sums to be raised by the levy of special taxes upon taxable property line 17 within the respecti ve anne xing areas pursuant to terms and line 18 conditions for the annexation or annexations as so fixed and until line 19 the aggregate sums have been so raised by the special tax levies. line 20 Exclusion of territory from a county water authority pursuant to line 21 this paragraph shall not occur if two or more public agencies that line 22 are included in a county water authority as separate units are subject line 23 to a reorganization of their boundaries under applicable provisions line 24 of law that w ould result in an e xchange or transfer , but not an line 25 overlapping, of territory that is entirely within the county w ater line 26 authority. The boundaries of those agencies within the county line 27 water authority, upon that reor ganization and the filing with the line 28 secretary of the county water authority of a copy of the certificate line 29 of completion prepared, executed, and filed by the executive officer line 30 of the local agenc y formation commission responsible therefore line 31 constitute the boundaries of the agencies for all purposes of the line 32 county water authority, without action by the board of directors line 33 of the county w ater authority. If the e xchange includes territory line 34 subject to special conditions and tax le vies pursuant to the terms line 35 of annexation at the time the territory became a part of the county line 36 water authority, the territory shall continue to be subject to those line 37 conditions and to be taxable by the county water authority or those line 38 levies.
line 39 From and after the effective date of the inclusion of the territory line 40 by the including public agenc y, the territory shall be considered 96 — 4 — AB 530
line 1 to be a part of the corporate area of the including agency; provided, line 2 however, that, if the taxable property within the territory , or any line 3 portion thereof, is subject to special tax es levied or to be le vied line 4 by the county w ater authority pursuant to terms and conditions line 5 previously fixed under subdivision (c) or (d) of Section 10 for the line 6 annexation of the territory or portion thereof to the county w ater line 7 authority, then the taxable property within the territory shall line 8 continue to be taxable by the county water authority for the purpose line 9 of raising the aggregate sums to be raised by the levy of the special line 10 taxes pursuant to the terms and conditions for the anne xation or line 11 annexations as so fixed and until the aggregate sums have been so line 12 raised by the special tax levy.
line 13 (2) Any public agenc y whose corporate area as a unit has line 14 become or is a part of any county water authority may obtain the line 15 exclusion of the area therefrom by elections conducted in the line 16 following manner:
line 17 (A) (i) The governing body of any public agency may submit line 18 to the electors thereof at an y general or special election the line 19 proposition of e xcluding from the county w ater authority the line 20 corporate area of the public agenc y. Notice of the election shall line 21 be given in the manner provided in subdivision (c) of Section 10. line 22 The election shall be conducted and the returns thereof canvassed line 23 in the manner provided by law for the conduct of elections in the line 24 public agency. If a majority of electors voting thereon vote in favor line 25 of withdrawal, the result thereof shall be certified by the governing line 26 body of the public agency to the board of directors of the county line 27 water authority.
line 28 (ii) The governing body of an y public agenc y may submit to line 29 the electors within the territory of the county w ater authority at line 30 any general or special election the proposition of excluding from line 31 the county water authority the corporate area of the public agency. line 32 Notice of the election shall be gi ven in the manner pro vided in line 33 subdivision (c) of Section 10. The election shall be conducted and line 34 the returns thereof canvassed in the manner pro vided by law for line 35 the conduct of elections in the public agenc y. If a majority of line 36 electors within the territory of the county w ater authority voting line 37 thereon vote in f avor of withdra wal, the result thereof shall be line 38 certified by the governing body of the public agency to the board line 39 of directors of the county water authority.
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line 1 (iii) The elections conducted pursuant to this subparagraph shall line 2 be separate elections; ho wever, they may run currently with one line 3 another. A majority v ote in both elections for withdra wal is line 4 necessary for the withdrawal of the public agency from the territory line 5 of the county water authority.
line 6 (B) A certificate of the proceedings shall be made by the line 7 secretary of the county water authority and filed with the Secretary line 8 of State. Upon the filing of the certificate, the corporate area of line 9 the public agency shall be excluded from the county water authority line 10 and shall no longer be a part thereof; pro vided, that the taxable line 11 property within the excluded area shall continue to be taxable by line 12 the county water authority for the purpose of paying the bonded line 13 and other indebtedness of the county water authority outstanding line 14 or contracted for at the time of the exclusion and until the bonded line 15 or other indebtedness has been satisfied; pro vided further, that if line 16 the taxable property within the e xcluded area or any part thereof line 17 is, at the time of the e xclusion, subject to special tax es levied or line 18 to be levied by the county w ater authority pursuant to the terms line 19 and conditions pre viously fixed under subdi vision (c) or (d) of line 20 Section 10 for the annexation of the excluded area or part thereof line 21 to the county w ater authority , the taxable property within the line 22 excluded area or part thereof so subject to the special tax es shall line 23 continue to be taxable by the county water authority for the purpose line 24 of raising the aggre gate sums to be raised by the le vy of special line 25 taxes upon taxable property within the respective annexing areas line 26 pursuant to the terms and conditions for the anne xation or line 27 annexations as so fixed and until the aggregate sums have been so line 28 raised by the special tax le vies. Upon the filing of the certificate line 29 of proceedings, the Secretary of State shall, within 10 days, issue line 30 a certificate reciting the filing of the papers in the Secretary of line 31 State’s office and the exclusion of the corporate area of the public line 32 agency from the county w ater authority. The Secretary of State line 33 shall transmit the original of the certificate to the secretary of the line 34 county water authority and shall forward a certified copy thereof line 35 to the county clerk of the county in which the county w ater line 36 authority is situated.
line 37 (b) Whenever territory is e xcluded from any public agency in line 38 accordance with paragraph (1) of subdi vision (a), the go verning line 39 body, or clerk thereof, of the public agency shall file with the board line 40 of directors of the county water authority a statement of the change 96 — 6 — AB 530
line 1 of boundaries of the public agenc y, setting forth the le gal line 2 description of the boundaries of the public agency, as so changed, line 3 and of the part thereof within the county w ater authority, which line 4 statement shall be accompanied by a map or plat indicating the line 5 boundaries.
line 6 (c) Whenever any territory has been excluded from any public line 7 agency prior to the effective date of this section, under conditions line 8 that would have resulted in the e xclusion of the territory from a line 9 county water authority had paragraph (1) of subdi vision (a) then line 10 been in effect, upon compliance with the following provisions of line 11 this paragraph, the territory shall be e xcluded from and shall no line 12 longer be a part of, the authority , the last-mentioned pro visions line 13 being as follows:
line 14 (1) The go verning body of the public agenc y may adopt an line 15 ordinance that, after reciting that the territory has been e xcluded line 16 from the public agenc y by proceedings pre viously taken under line 17 statutory authority, and after referring to the applicable statutes line 18 and to the date or dates upon which the exclusion became effective, line 19 shall describe the territory and shall determine and declare that the line 20 territory shall be, and thereby is, excluded from the county water line 21 authority.
line 22 (2) The governing body, or clerk thereof, of the public agenc y line 23 shall file a certified cop y of the ordinance with the Secretary of line 24 State. Upon the filing of the certified copy of the ordinance in the line 25 office of the Secretary of State, the territory shall be e xcluded line 26 from, and shall no longer be a part of, the county water authority; line 27 provided, that the taxable property within the e xcluded territory line 28 shall continue to be taxable by the county water authority for the line 29 purpose of paying the bonded or other indebtedness outstanding line 30 or contracted for at the time of the exclusion, and until the bonded line 31 or other indebtedness has been satisfied; pro vided further, that if line 32 the taxable property within the e xcluded territory or an y part line 33 thereof is, at the time of the e xclusion, subject to special tax es line 34 levied or to be le vied by the county w ater authority pursuant to line 35 terms and conditions previously fixed under subdivision (c) or (d) line 36 of Section 10 for the anne xation of the excluded territory or part line 37 thereof to the county water authority, the taxable property within line 38 the excluded territory or part thereof so subject to the special taxes line 39 shall continue to be taxable by the county water authority for the line 40 purpose of raising the aggregate sums to be raised by the le vy of 96 AB 530 — 7 —
line 1 special taxes upon taxable property within the respective annexing line 2 areas pursuant to the terms and conditions for the anne xation or line 3 annexations as so fix ed, and until the aggre gate sums have been line 4 so raised by the special tax levies.
line 5 (3) Upon the filing of the certified cop y of the ordinance, the line 6 Secretary of State shall, within 10 days issue a certificate describing line 7 the territory, reciting the filing of certified cop y of the ordinance line 8 and the exclusion of the territory from the county water authority, line 9 and declaring that the territory is no longer a part of the county line 10 water authority. The Secretary of State shall transmit the original line 11 of the certificate to the secretary of the county water authority and line 12 shall forward a certified copy of the certificate to the county clerk line 13 of the county in which the county water authority is situated. line 14 (d) Whenever any territory has been e xchanged or transferred line 15 pursuant to law prior to January 1, 1986, among two or more public line 16 agencies that are included in a county water authority as separate line 17 units, the territory shall not be deemed excluded from the county line 18 water authority, notwithstanding the f ailure of the county w ater line 19 authority to gi ve its consent to the e xchange or transfer of the line 20 territory, if there has been filed with the board of directors of the line 21 county water authority prior to January 1, 1986, a statement of the line 22 change of boundaries of the agencies, as so changed, and of the line 23 part within the county w ater authority, which statement shall be line 24 accompanied by a map or plat indicating those boundaries.
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