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 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)

                        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, 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   oversight
 committee composed of 5 water purveyors selected every 2 years,
as specified, to meet on  at least  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: 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  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 (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)   (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 Election 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.  
   (b) 
    (c)  Until the directors elected at the November 6,
2018, 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. 
   (c) 
    (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.   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.
 
   (2) 
    (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
either of the following: 
   (1) 
    (A)  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.  
   (B) Hold more than 0.5 percent ownership in a company regulated by
the Public Utilities Commission.  
   (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. 
   71268.  (a) (1) The board of directors shall establish a technical
 advisory   oversight  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) One position shall be selected by the small water purveyors
from nominated small water purveyors, each small water purveyor
having one vote.  
   (C) 
    (D)   Three   Two  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) If a position for a large water purveyor, small water
purveyor, or city that is a water purveyor cannot be filled by
someone in that category, the position shall be selected by the
purveyors at large.  
   (2) 
    (3)  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 general manager shall collect
the votes and report the results to the water purveyors. Votes for a
position on the technical  advisory   oversight
 committee are public records.
   (b) In composing the technical  advisory  
oversight  committee, a person and an alternate from each water
purveyor selected to a position pursuant to subdivision (a) shall
serve on the technical  advisory   oversight
 committee. A purveyor may change the person or alternate that
serves on the technical  advisory   oversight
 committee at any time. Those selected shall demonstrate
eligibility and relevant technical expertise.
   (c) 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 to serve on the technical 
advisory   oversight  committee.
   (d) (1) To be eligible to serve on the technical  advisory
  oversight  committee, a water purveyor shall not
have an individual employed by or representing that water purveyor
on the board of  the  directors.
   (2) A water purveyor shall not hold more than one technical
 advisory   oversight  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.  
   (3) A member of the technical oversight committee shall not own
more than 1 percent of a company regulated by the Public Utilities
Commission.  
   (4) A member of the technical oversight committee 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 member.  
   (5) A member of the technical oversight committee may request
reimbursement from the district for actual, necessary, and reasonable
expenses incurred in furtherance of his or her duties on the
technical oversight committee. Those reimbursements shall not exceed
five hundred dollars ($500) during a 12-month time period. 
   71269.  (a) The technical  advisory  
oversight  committee shall meet  at least 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 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 directors shall not make a change described in
paragraph (2) or (3) of subdivision (a) unless the technical 
advisory   oversight  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.