Bill Text: CA AB1794 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1794	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Cristina Garcia
   (  Coauthor:   Assembly Member 
 Rendon   Coauthors:   Assembly Members
  O'Donnell   and Rendon  )

                        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.   districts, and declaring the
urgency thereof, to take effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1794, as amended, 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 6, 2018, election take office,
when the board would be composed of 7 directors, as prescribed. This
bill would require the Central Basin Municipal Water District to
establish a technical advisory committee composed of 5 water
purveyors selected every 2 years, as specified, to meet on a
quarterly basis for certain purposes. 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 declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


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 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.
   71266.  (a) Except as provided in subdivision (b) 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 (c) by the voters of the
division. Each director shall be a resident of the division from
which he or she is elected.
   (2) Three directors appointed by the water purveyors of the
district in accordance with Section 71267.
   (b) Until the directors elected at the November 6, 2018, election
take office, the board of  the district  
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.
   (c) The board of  the district   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  executive director   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  the district.   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.
   (2) 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  the district  
directors  and shall take office in accordance with Section
71512. The  district   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) An appointed director shall not do either of the following:
   (1) Hold an elected office.
   (2) Be a president, vice president, chief financial officer, or
shareholder of a private company that purchases water from the
district.
   (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.
   71268.  (a) (1) The  district   board of
directors  shall establish a technical advisory committee
composed of the representatives of five water purveyors selected
before December 31, 2016, and every two years thereafter, as follows:

   (A) One position shall be selected by the large water purveyors
from nominated large water purveyors, each large water purveyor
having one vote.
   (B) One position shall be selected by the cities that are water
purveyors of the district from nominated cities, each city having one
vote.
   (C) Three positions shall be selected by all water purveyors of
the district from nominated water purveyors with the vote of each
purveyor weighted to reflect the number of service connections of
that water purveyor.
   (2) Each nominated water purveyor that receives the highest number
of votes cast for each position described in paragraph (1) is
selected to the position. The  district  
general manager  shall collect the votes and report the results
to the water purveyors. Votes for a position on the technical
advisory committee are public records.
   (b) In composing the technical advisory committee, a person and an
alternate from each water purveyor selected to a position pursuant
to subdivision (a) shall serve on the technical advisory committee. A
purveyor may change the person or alternate that serves on the
technical advisory committee at any time. Those selected shall
demonstrate eligibility and relevant technical expertise.
   (c) The  executive director   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 to serve on the technical advisory committee.
   (d) (1) To be eligible to serve on the technical advisory
committee, a water purveyor shall not have an individual employed by
or representing that water purveyor on the board of the 
district.   directors. 
   (2) A water purveyor shall not hold more than one technical
advisory committee seat.
   (3) No person selected to represent a water purveyor on the
committee shall be a president, vice president, chief financial
officer, or shareholder of a private company that purchases water
from the district.
   71269.  (a) The technical advisory committee shall meet on a
quarterly basis for the following purposes:
   (1) To review the district's budget and projects for the purpose
of providing nonbinding advice to the district's general 
manager.   manager and the board of directors. 
   (2) To review and approve proposed changes to the administrative
code relating to ethics, director compensation, and benefits.
   (3) To review and approve proposed changes relating to
procurement.
   (b) The board of  the district   directors
 shall not make a change described in paragraph (2) or (3) of
subdivision (a) unless the technical advisory committee approves the
change by majority vote before the change comes to a vote of the
board of the directors.
  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 is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order that the provisions of this act take effect before the
November 8, 2016, election for the board of directors of the Central
Basin Municipal Water District, it is necessary that this act take
effect immediately.