Bill Text: CA SB235 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Water conservation districts: reduction in number of

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-25 - Chaptered by Secretary of State. Chapter 122, Statutes of 2011. [SB235 Detail]

Download: California-2011-SB235-Chaptered.html

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BILL NUMBER: SB 235	CHAPTERED
	BILL TEXT

	CHAPTER  122
	FILED WITH SECRETARY OF STATE  JULY 25, 2011
	APPROVED BY GOVERNOR  JULY 25, 2011
	PASSED THE SENATE  JULY 7, 2011
	PASSED THE ASSEMBLY  JULY 1, 2011
	AMENDED IN ASSEMBLY  JUNE 9, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 9, 2011

   An act to add Section 74209 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 235, Negrete McLeod. Water conservation districts: reduction in
number of directors.
   The Water Conservation District Law of 1931 generally governs the
formation of water conservation districts and specifies the powers
and purposes of those districts.
   This bill would authorize a water conservation district with a
board of directors consisting of 7 directors, to reduce the number of
directors to 5, consistent with specified requirements. The bill
would not apply to districts within the County of Ventura.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 74209 is added to the Water Code, to read:
   74209.  (a) A district with a board consisting of seven directors
may reduce the number of directors to five pursuant to this section.
A reduction in the number of directors shall not be made within 180
days preceding the election of a director.
   (b) In order to reduce the number of directors pursuant to this
section, the board shall adopt, by a recorded vote of two-thirds of
the total membership of the board, a resolution proposing to reduce
the number of directors from seven to five. The resolution shall
contain a map and description of the boundaries for the five
divisions proposed to be established.
   (c) The secretary of the district shall set a date for a public
hearing on the proposal to reduce the number of directors, which
shall be not less than 30 days and not more than 60 days after the
date on which the board adopted the resolution described in
subdivision (b). The secretary shall give notice of the hearing,
which shall include a description of the proposal and shall contain a
map and general description of the proposed boundaries of the five
divisions. The secretary shall give notice of the hearing by
publishing a notice pursuant to Section 6063 of the Government Code
in at least one newspaper of general circulation within the
jurisdiction of the district at least 10 days before the hearing. In
addition, the secretary shall mail the notice to a person who has
filed a written request for notice with the secretary at least 10
days before the hearing.
   (d) At the hearing, the board shall receive and consider any
written or oral comments regarding the proposed reduction in the
number of directors. After receiving and considering those comments,
the board, by a recorded vote of two-thirds of the total membership
of the board, shall do either of the following:
   (1) Disapprove the proposal.
   (2) Adopt a resolution that orders the reduction in the number of
members of the board.
   (e) The adoption of a resolution that orders a reduction in the
number of members of the board pursuant to this section is a
legislative act that is subject to referendum pursuant to Article 2
(commencing with Section 9340) of Chapter 4 of Division 9 of the
Elections Code.
   (f) A reduction in the number of directors and a change in
division boundaries pursuant to this section shall not affect the
term of office of any director. A director of a division for which
boundaries have been changed shall continue to be the director of the
division bearing the number of his or her division until the office
becomes vacant by means of term expiration or otherwise, whether or
not the director is a resident within the boundaries of the division
as changed. The successor to the office of a division for which
boundaries have been changed shall be a resident and voter of that
division.
   (g) This section does not apply to districts within the County of
Ventura, which are subject to the provisions of Chapter 4 (commencing
with Section 74450) of Part 4.