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Newsom Signs Bill Requiring Countywide Vote in Future Water District Detachment

Gov. Gavin Newsom has signed a bill requiring a countywide vote before a local water district can “detach,” though it’s too late to prevent local votes in Fallbrook and Rainbow.

The two rural districts have sought to leave the San Diego County Water Authority for a cheaper, if potentially less reliable water supply from Riverside County.

Assembly Bill 399, introduced by Assemblymember Tasha Boerner of Encinitas and sponsored by the city of San Diego, expands voting requirements should agencies seek to withdraw from any county water authority.

The new law is effective Jan. 1, but the votes in Fallbrook and Rainbow are scheduled for Nov. 7.

San Diego County Water Authority And its 24 Member Agencies

Gov. Newsom Signs Bill to Protect Water Ratepayers

The Water Ratepayers Protection Act of 2023 (Assembly Bill 399) was signed Friday by California Gov. Gavin Newsom, adding affordability safeguards for residents and businesses in the San Diego County Water Authority’s service area.

The legislation, introduced by Encinitas Assemblymember Tasha Boerner and sponsored by the City of San Diego, expands voting requirements should agencies seek to withdraw or “detach” from the Water Authority. Under the new law, a majority vote in both the separating district and the County Water Authority would be necessary to complete a detachment as of Jan. 1, 2024.

“This is a simple matter of fairness,” said Water Authority Board Chair Mel Katz. “The people whose rates would increase if a water district leaves the County Water Authority should have a say. It’s gratifying that the state Legislature and the governor added these important protections for disadvantaged communities, working families, farmers, and others across San Diego County.”

Newsom Signs Law Making it Tougher for Water Districts to Secede — But it Won’t Affect Rainbow and Fallbrook Plans

The next time a member of a regional water agency wants to secede, a majority of voters across the entire wider district will have to approve the change under a bill signed into law by Gov. Gavin Newsom.

Late last week the governor signed Assembly Bill 399, legislation authored by Encinitas Democrat Tasha Boerner and originally designed to thwart an effort by water officials in Fallbrook and Bonsall from divorcing from the San Diego County Water Authority.

Newsom signed the bill without issuing any public comment.

New Bill Makes it Harder for Small Agencies to ‘Divorce’ Water Authority

After three years and a contentious fight, ratepayers in Fallbrook and Rainbow will finally have their say on whether to leave the San Diego County Water Authority in November’s special election.

But for a while, that vote was in jeopardy.

When the San Diego County Local Agency Formation Commission (LAFCO) approved the detachment in July, there was a bill making its way through the California Legislature that could have upended that.

Bill to Require Countywide Vote on Water Districts’ Divorce Passes, but Likely Too Late for San Diego

State lawmakers on Tuesday passed a bill that would require voters across broadwater authorities to allow individual districts to withdraw before they can legally detach from regional agencies.

But the legislation may be too late to prevent two North County water districts from divorcing from the San Diego County Water Authority.

State Bill is Just a Little Too Late

A bill that would have made it harder for two water districts to break up with the San Diego County Water Authority lost a bit of steam late last week.

What happened: The state Senate Appropriations Committee passed AB 399 to the Senate floor for debate but got rid of a clause that would have allowed the bill to become law more quickly.

The bill would require that voters across the county approve any water district’s desire to leave the Water Authority. And that clause was important to the bill’s supporters because it would have stopped two districts from leaving.

Rainbow and Fallbrook Fight to Leave San Diego County Water Authority Amid Rising Water Rates

Nick Serrano, a board member of the San Diego County Water Authority and Deputy Chief of Staff to San Diego Mayor Todd Gloria said if Fallbrook and Rainbow detach from the water authority, the rest of the ratepayers in the county could see their bills increase as much as 5% per year.

“I think it’s stunning that there is an argument to not allow people to vote, that people do not deserve a say in this matter and we just disagree with that,” Serrano said. “I think at the very least, we believe that the ratepayers, who will be impacted by this decision, should have the opportunity to vote. It’s not to say that detachment can’t occur, but they have the opportunity to vote.”