Bill Text: CA SB953 | 2015-2016 | Regular Session | Chaptered
Bill Title: Central Basin Municipal Water District.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State. Chapter 426, Statutes of 2016. [SB953 Detail]
Download: California-2015-SB953-Chaptered.html
BILL NUMBER: SB 953 CHAPTERED
BILL TEXT
CHAPTER 426
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
INTRODUCED BY Senator Lara
(Coauthor: Assembly Member Cristina Garcia)
FEBRUARY 4, 2016
An act to add Article 2 (commencing with Section 71730) to Chapter
5 of Part 5 of, and to add Part 11.6 (commencing with Section 72770)
to, Division 20 of the Water Code, relating to the Central Basin
Municipal Water District.
LEGISLATIVE COUNSEL'S DIGEST
SB 953, Lara. Central Basin Municipal Water District.
Existing law, the Municipal Water District Law of 1911, authorizes
the formation of a municipal water district to acquire and sell
water. The district law authorizes a municipal water district to make
contracts.
This bill would prohibit the Central Basin Municipal Water
District from using sole source contracts, except as prescribed. This
bill would require the district to rebid a contract if the district
significantly changes the scope of work of the contract. This bill
would require the general manager of the district to submit a
quarterly report to the district's board detailing all of the
district's contracts, contract amendments, and contract and amendment
dollar amounts. By imposing new duties on a municipal water
district, this bill would impose a state-mandated local program.
The district law provides that the board of directors of a
municipal water district shall act only by ordinance, resolution, or
motion which shall only pass to become effective with the affirmative
vote of a majority of the members of the board.
This bill would require that no ordinance, motion, or resolution
relating to the ethics, compensation, or benefits of the members of
the Central Basin Municipal Water District board of directors be
passed or become effective without the affirmative votes of 2/3 of
the members of the board.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Central Basin Municipal
Water District.
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 become operative only if AB 1794 of the 2015-16
Regular Session is enacted and becomes effective on or before January
1, 2017.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2 (commencing with Section 71730) is added to
Chapter 5 of Part 5 of Division 20 of the Water Code, to read:
Article 2. Central Basin Municipal Water District
71730. (a) For the purposes of this article, "district" means the
Central Basin Municipal Water District.
(b) It is the intent of the Legislature in enacting this article
that the district make better use of the funds it spends on services,
that it does not unnecessarily use amendments that limit competitive
bidding for its contracts, and that its contract amendments reflect
the authorization of the district's board.
71731. (a) The district shall not use sole source contracts
unless one of the following conditions is met:
(1) The contract is limited to an emergency circumstance.
(2) The circumstances are that only one vendor can meet the
district's needs.
(b) Before executing a sole source contract, the district shall
provide written justification demonstrating the reasons for not
competitively bidding the services. The justification shall include
all of the following information:
(1) The background of the purchase.
(2) A description of the vendor's uniqueness.
(3) An explanation of the consequences of not purchasing from the
vendor.
(4) Market research to substantiate a lack of competition.
(5) An analysis of pricing and alternatives.
71732. The district shall rebid a contract if the district
significantly changes the scope of work of the contract. Significant
changes include, but are not limited to, changes to the nature of the
services or work products.
71733. The general manager of the district shall submit a
quarterly report to the district's board detailing all of the
district's contracts, contract amendments, and contract and amendment
dollar amounts.
SEC. 2. Part 11.6 (commencing with Section 72770) is added to
Division 20 of the Water Code, to read:
PART 11.6. Central Basin Municipal Water District
72770. Notwithstanding Section 71274, no ordinance, motion, or
resolution relating to the ethics, compensation, or benefits of the
members of the Central Basin Municipal Water District board of
directors shall be passed or become effective without the affirmative
votes of two-thirds of the members of the board.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the Central Basin Municipal
Water District as described in the California State Auditor's
December 3, 2015, report number 2015-102.
SEC. 4. 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. 5. This act shall become operative only if Assembly Bill 1794
of the 2015-16 Regular Session is enacted and becomes effective on
or before January 1, 2017.
