Bill Text: CA AB1794 | 2015-2016 | Regular Session | Chaptered
Bill Title: Central Basin Municipal Water District.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 401, Statutes of 2016. [AB1794 Detail]
Download: California-2015-AB1794-Chaptered.html
BILL NUMBER: AB 1794 CHAPTERED
BILL TEXT
CHAPTER 401
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 19, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Cristina Garcia
(Coauthors: Assembly Members O'Donnell and Rendon)
(Coauthor: Senator Lara)
FEBRUARY 4, 2016
An act to add Chapter 1.6 (commencing with Section 71265) to Part
3 of Division 20 of the Water Code, relating to municipal water
districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1794, Cristina Garcia. Central Basin Municipal Water District.
Existing law, the Municipal Water District Law of 1911, provides
for the formation of municipal water districts and grants to those
districts' specified powers. Existing law permits a district to
acquire, control, distribute, store, spread, sink, treat, purify,
recycle, recapture, and salvage any water for the beneficial use of
the district, its inhabitants, or the owners of rights to water in
the district. Existing law requires the board of directors of a
district to consist of 5 members and each director to be a resident
of the division from which the director is elected.
This bill would require the board of directors of the Central
Basin Municipal Water District to be composed of 8 directors until
the directors elected at the November 8, 2022, election take office,
when the board would be composed of 7 directors, as prescribed. By
imposing new duties on the district, this bill would create a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would make its operation contingent on the enactment of
SB 953 of the 2015-16 Regular Session.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.6 (commencing with Section 71265) is added to
Part 3 of Division 20 of the Water Code, to read:
CHAPTER 1.6. CENTRAL BASIN MUNICIPAL WATER DISTRICT
71265. For the purposes of this chapter:
(a) "District" means the Central Basin Municipal Water District.
(b) "Large water purveyor" means a public water system that is one
of the top five purveyors of water as measured by the total purchase
of potable and recycled water from the district for the three prior
fiscal years.
(c) "Public water system" has the same meaning as in Section
116275 of the Health and Safety Code.
(d) "Relevant technical expertise" means employment or consulting
for a total period of at least five years, prior to the date of first
appointment, in one or more positions materially responsible for
performing services relating to the management, operations,
engineering, construction, financing, contracting, regulation, or
resource management of a public water system.
(e) "Small water purveyor" means a public water system with less
than 5,000 connections.
71266. (a) Except as provided in subdivision (c) and
notwithstanding any other provision of this division, the board of
directors of the district shall be composed of seven directors as
follows:
(1) Four directors, one director elected for each division
established pursuant to subdivision (d) by the voters of the
division. Each director shall be a resident of the division from
which he or she is elected. An election pursuant to this paragraph
shall be in accordance with the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10 of the Elections
Code).
(2) Three directors appointed by the water purveyors of the
district in accordance with Section 71267.
(b) The district shall be subject to Section 84308 of the
Government Code.
(c) Until the directors elected at the November 8, 2022, election
take office, the board of directors shall be composed of eight
directors as follows:
(1) Five directors in accordance with Section 71250.
(2) Three directors appointed by the water purveyors of the
district pursuant to Section 71267.
(d) The board of directors shall divide the district into four
divisions in a manner as to equalize, as nearly as practicable, the
population in the respective divisions pursuant to Section 71540.
71267. (a) The general manager of the district shall notify each
water purveyor of the district and provide a 60-day period during
which the district will accept nominations for appointment of
individuals to the board of directors.
(b) Individuals nominated for appointment to the board of
directors shall demonstrate eligibility and relevant technical
expertise.
(c) (1) The three directors appointed by the water purveyors shall
be selected by the water purveyors of the district every four years
as follows:
(A) One director shall be selected by all large water purveyors
from the nominees of large water purveyors. Each large water purveyor
shall have one vote.
(B) One director shall be selected by all cities that are water
purveyors of the district from the nominees of cities. Each city
shall have one vote.
(C) One director shall be selected by all of the water purveyors
of the district from any nominee. The vote of each purveyor shall be
weighted to reflect the number of service connections of that water
purveyor within the district. If the selection of a director under
this subparagraph would result in a violation of paragraph (2), the
first eligible candidate receiving the next highest number of votes
shall be selected.
(2) The appointment of directors pursuant to paragraph (1) shall
not result in any of the following:
(A) The appointment of three directors that are all employed by or
representatives of entities that are all large water purveyors.
(B) The appointment of three directors that are all employed by or
representatives of entities that are all cities.
(C) The appointment of three directors that are all employed by or
representatives of entities that are all small water purveyors.
(3) Each nominee for director who receives the highest number of
votes cast for each office described in paragraph (1) is appointed as
a director to the board of directors and shall take office in
accordance with Section 71512. The general manager shall collect the
votes and report the results to the water purveyors. Votes for an
appointed director are public records.
(d) Each appointed director shall live or work within the
district.
(e) In order to ensure continuity of knowledge, the directors
appointed at the first purveyor selection shall classify themselves
by lot so that two of them shall hold office until the selection of
their successors at the first succeeding purveyor selection and one
of them shall hold office until the selection of his or her successor
at the second succeeding purveyor selection.
(f) (1) The term of a director appointed pursuant to subparagraph
(A) of paragraph (1) of subdivision (c) is terminated if the
appointed director no longer is employed by or a representative of a
large water purveyor.
(2) The term of a director appointed pursuant to subparagraph (B)
of paragraph (1) of subdivision (c) is terminated if the appointed
director no longer is employed by or a representative of a city.
(3) The term of a director appointed pursuant to subparagraph (C)
of paragraph (1) of subdivision (c) is terminated if the appointed
director no longer is employed by or a representative of a water
purveyor.
(g) (1) An appointed director shall not do any of the following:
(A) Hold an elected office.
(B) Hold more than 0.5 percent ownership in a company regulated by
the Public Utilities Commission.
(C) Hold more than one consecutive term of office on the board.
(2) An appointed director shall be subject to all applicable
conflict-of-interest and ethics provisions and shall recuse himself
or herself from participating in a decision that could have a direct
material benefit on the financial interests of the director.
(h) A vacancy in an office of appointed director shall be filled
in accordance with the selection process described in subdivisions
(a) to (c), inclusive.
(i) (1) An appointed director shall be eligible for all of the
following:
(A) Reimbursement for travel and conference expenses pursuant to
the Central Basin Municipal Water District Administrative Code.
(B) Compensation for up to 10 meetings per month at the per
meeting rate provided by the Central Basin Municipal Water District
Administrative Code.
(C) Health insurance benefits, if those benefits are not provided
by the director's employer.
(2) An appointed director shall not be eligible to receive
communication or car allowances. For purposes of this paragraph, "car
allowances" does not include travel expenses incurred as described
in paragraph (1).
(3) An appointed director may waive the reimbursement and
compensation described in paragraph (1) and may be required to
reimburse his or her employer for any compensation received.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. This act shall only become operative if Senate Bill 953 of
the 2015-16 Regular Session is enacted and becomes effective.
