Bill Text: CA AB530 | 2019-2020 | Regular Session | Introduced

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

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Bill Title: The Fairfield-Suisun Sewer District.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-07-10 - Chaptered by Secretary of State - Chapter 69, Statutes of 2019. [AB530 Detail]

Download: California-2019-AB530-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 530

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Introduced by Assembly Member Aguiar-Curry
(Coauthor: Senator Dodd)

February 13, 2019

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An act to amend Sections 18, 27, 29, 46, 48, 56, 59, 150, and 153 of, to repeal Section 28 of, and repeal and add Section 34 of, the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), relating to the Fairfield-Suisun Sewer District.

LEGISLATIVE COUNSEL'S DIGEST

AB 530, as introduced, Aguiar-Curry. The Fairfield-Suisun Sewer District.

The existing Fairfield-Suisun Sewer District Act creates the Fairfield-Suisun Sewer District and grants to the district various powers relating to the treatment and disposal of sewage. The existing act provides for the election of a board of directors for the district and administrative procedures for the operation of the district. Violation of regulations adopted by the board is a misdemeanor.

This bill would make various administrative changes to the act, including removing the requirement that the district appoint a clerk and changing the posting requirements for regulations.

Existing law requires all county officers to be liable upon their several official bonds for the faithful discharge of the duties imposed by the act.

This bill would instead authorize the board of the district to require any of its employees or officers to be bonded. The bill would require the district to pay the cost of the bonds.

Existing law prohibits the district from accepting or contracting for the disposal of sewage emanating from outside the district, except sewage from a public building or buildings of a public utility. Existing law authorizes the district to accept and contract for the disposal of sewage emanating from outside the district if those buildings are connected to the district’s sewage treatment system on March 1, 2002.

This bill would authorize the district to accept and contract for the disposal of sewage emanating from outside the district if those buildings are connected to the district’s sewage treatment system on March 1, 2002, upon request of the landowner. This bill would remove the authorization to accept sewage from buildings of a public utility. The bill would authorize the district, upon the request of a landowner, to accept and contract for the disposal of sewage emanating from any building within the Middle Green Valley Specific Plan, if approved as specified . The bill would also authorize the district to accept organic materials, as defined, originating from within or outside the district as the board determines to be in the best interests of the district.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Fairfield-Suisun Sewer District.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 31 of Chapter 985 of the Statutes of 1985, is amended to read:

Sec. 18.

 In the application to the district of laws, the procedure of which is made applicable to proceedings of the district, the terms used in those laws shall have the following meanings:

(a)“City council,” “council,” and “legislative body” mean the board.

(b)“City,” “municipality” and “local agency” mean the district.

(a) “Auditor” means the person or entity designated as the auditor by the board.

(c)

(b) “Clerk” and “city clerk” mean means the clerk of the district.

(d)“Superintendent of streets,” “street superintendent,” and “city engineer” mean the engineer of the district or any other person appointed to perform those duties. The person performing those duties shall be called the district engineer.

(c) “Middle Green Valley Specific Plan” means the type, location, density, and extent of development, conditioned by conservation easements, as planned in the version of the Middle Green Valley Specific Plan adopted by the board of supervisors on August 8, 2017.

(d) “Organic materials” means material that is organic in nature, including, but not limited to, plant material, food and beverage waste, and paper products, that can be recycled using treatment processes like composting, digestion, and other processes that decompose organic matter. The gas produced from the process may be captured and used to generate electricity and heat.

(e) “Tax collector” means either the county tax collector or another the person designated as the tax collector by the board.

(f) “Treasurer” and “city treasurer” means either the County Treasurer of the County of Solano or another means the person designated as the treasurer by the board.

(g)“Auditor” and “city auditor” means either the County Auditor of the County of Solano or another person designated as the auditor by the board.

SEC. 2.

 Section 27 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec. 27.

 At its first meeting, and thereafter at the first meeting following such election of councilmen for the cities, the The board shall choose one of its members as president. president and elect other officers in accordance with board policy.

SEC. 3.

 Section 28 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is repealed.

Sec. 28.

At its first meeting, or as soon thereafter as may be practicable, the board shall appoint a clerk, who may be a city clerk. He shall serve at the pleasure of the board and his compensation shall be fixed by it.

SEC. 4.

 Section 29 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec. 29.

 All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the district by the president and countersigned by the clerk. in accordance with board policy.

SEC. 5.

 Section 34 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is repealed.

Sec. 34.

All county officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act.

SEC. 6.

 Section 34 is added to the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), to read:

Sec. 34.

 The board may require an employee or officer to be bonded. The district shall pay the cost of the bonds.

SEC. 7.

 Section 46 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec. 46.

 The district may cooperate and contract with the United States, States or any agency thereof, with the State, State or any political subdivision thereof, or with either of the cities for the joint acquisition, construction construction, or use use, or aid in the construction construction, of any facilities which a facility that the district may be is empowered to construct under this act, including assignment to the district of any subventions of either of the cities.

SEC. 8.

 Section 48 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 1 of Chapter 426 of the Statutes of 2002, is amended to read:

Sec. 48.

 (a) Except as otherwise provided in subdivisions (b) and (b), (c), and (d), the district may not accept or contract for the disposal of any sewage emanating from outside the district except sewage from a public buildings or buildings of a public utility subject to regulation by the Public Utilities Commission. building.

(b) The district may may, upon request of a landowner, accept and contract for the disposal of sewage emanating from buildings outside the district if those buildings are connected to the district’s sewage treatment system on March 1, 2002.

(c) The district may, upon request of a landowner, accept and contract for the disposal of sewage emanating from buildings within the Middle Green Valley Specific Plan if approved pursuant to subdivision (d) of Section 56133 of the Government Code.

(c)

(d) Pursuant to Section 56133 of the Government Code, the Except as provided in subdivision (b), the district may contract contract, pursuant to Section 56133 of the Government Code, with Solano County or another public entity for the disposal of sewage emanating from buildings outside the district if the board of the district determines that the contract furthers the protection of public health and safety and is in the best interests of the district.

(d)

(e) Every user that is connected to the district’s sewage treatment system is subject to the district’s ordinances, resolutions, and other laws.

(f) The district may accept organic material originating from within or outside the district as the board determines is in the district’s best interest.

SEC. 9.

 Section 56 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 14 of Chapter 18 of the Statutes of 1992, is amended to read:

Sec. 56.

 The district may sell contract for the purchase or sale of any effluent resulting from the operation of any sewage treatment plant constructed by or for the district. as the board determines is necessary and in the district’s best interest. Sections 6520.7 and 6520.9 of the Health and Safety Code are applicable to the district.

SEC. 10.

 Section 59 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec. 59.

 The district may adopt all necessary and proper regulations for all sanitary purposes not in conflict with the laws of this State. Any A person who violates any a regulation of the district is guilty of a misdemeanor. A regulation of the board shall be adopted by ordinance and ordinance, shall be posted for one week in three public places in each of the cities published pursuant to Section 6061 of the Government Code, and shall take effect upon expiration of the week of such posting. publication. A subsequent finding of the board, entered in its minutes, that posting publication has been made is conclusive evidence that the posting has been publication was properly made.

SEC. 11.

 Section 150 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 10 of Chapter 489 of the Statutes of 1997, is amended to read:

Sec. 150.

 There is created in the treasury of either of the cities, or of the district, as determined by the board, of the district a fund entitled the “Fairfield-Suisun Sewer District General Fund.”

SEC. 12.

 Section 153 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 11 of Chapter 489 of the Statutes of 1997, is amended to read:

Sec. 153.

 There is created, at the discretion of the board, in the district treasury or in the treasury of either city, treasury, a fund called the “Fairfield-Suisun Sewer District Bond Fund, Series ___,” (inserting series number) in which the treasurer shall keep money levied by the board for that fund.

SEC. 13.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances facing the Fairfield-Suisun Sewer District and the need for acceptance and disposal of sewage in the Middle Green Valley Specific Plan area.