BILL NUMBER: AB 864	CHAPTERED  10/01/01

	CHAPTER  390
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 19, 2001
	AMENDED IN SENATE  JUNE 26, 2001

INTRODUCED BY   Assembly Member Thomson

                        FEBRUARY 22, 2001

   An act to amend, repeal, and add Section 4730.3 of the Health and
Safety Code, relating to sanitation districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 864, Thomson.  Sanitation districts:  City of West Sacramento.
   Existing law provides for the composition of the board of
directors of a sanitation district in the County of Sacramento, but
specifies that if the district includes territory that is within a
city, the board of directors shall be composed of the county board of
supervisors and the presiding officer of the governing body of each
of these cities.
   This bill would provide that if the sanitation district also
includes territory in the City of West Sacramento in Yolo County, the
sanitation district board of directors shall also include the
presiding officer of the governing body of the City of West
Sacramento and, until January 1, 2005, or specified conditions are
met, a member of the Yolo County Board of Supervisors whose district
includes all, or the greater portion, of the population of the City
of West Sacramento.  It would also specify the extent of the voting
powers of the member of the Yolo County Board of Supervisors on all
sanitation district matters that come before the sanitation district
board of directors.


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


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Under current law, when a county sanitation district first
annexes territory within an abutting county, the board of supervisors
of the abutting county has at least one representative on the county
sanitation board.
   (b) The Sacramento Regional County Sanitation District, the City
of West Sacramento, and the County of Yolo have agreed that it is in
their best mutual interests for the Sacramento Regional County
Sanitation District to construct and utilize a sewer interceptor line
through the City of West Sacramento and a portion of the
unincorporated area of Yolo County to provide sewer service to
residents in the Natomas area of Sacramento County and to residents
in the City of West Sacramento.
   (c) The County of Yolo Board of Supervisors has confirmed that it
is acting in furtherance of a continued positive and constructive
working relationship between it and the other governmental entities
within the Sacramento region by consenting to the presiding officer
of the City of West Sacramento holding the permanent seat on the
Sacramento Regional County Sanitation District Board of Directors,
and consenting to having a limited term seat on the Board of
Directors of the Sacramento Regional County Sanitation District
subject to limitations set forth in this act.
  SEC. 2.  Section 4730.3 of the Health and Safety Code is amended to
read:
   4730.3.  (a) Notwithstanding Sections 4730, 4730.2, and 4832.5 or
any other provision of law, the governing board of a sanitation
district in the County of Sacramento shall be constituted in
accordance with this section.
   (b) The governing body of a sanitation district in the County of
Sacramento shall be a board of directors composed of an odd number of
not less than five members.  If the district includes no territory
that is within a city, the Sacramento County Board of Supervisors
shall be the board of directors of the sanitation district.
   (c) If the sanitation district includes territory that is within a
city, the board of directors of the sanitation district shall be
composed of the Sacramento County Board of Supervisors and the
presiding officer of the governing body of each of those cities.  If
the sanitation district also includes territory in the City of West
Sacramento in Yolo County, the sanitation district board of directors
shall also include the presiding officer of the governing body of
the City of West Sacramento and the Member of the Yolo County Board
of Supervisors whose supervisorial district includes all, or the
greater portion, of the population of the City of West Sacramento.
If those members of the governing body of the sanitation district
constitute an even number, the Chairperson of the Sacramento County
Board of Supervisors shall have an additional vote on the board of
directors of the sanitation district.
   (d) The governing body of each city that has a representative on
the board of directors of the sanitation district may designate one
of its members to act in the place of its presiding officer in the
absence, inability to act, or refusal to act, of its presiding
officer.  The governing body of any of those cities may designate a
member of the county board of supervisors to serve as its
representative member on the board of directors of the sanitation
district in the place of the presiding officer of its governing body,
in which case, that supervisor shall have one vote for each city
represented by that supervisor.  The Yolo County Board of Supervisors
may designate one of its members to act in the absence, inability to
act, or refusal to act, of the Member of the Yolo County Board of
Supervisors whose supervisorial district includes all, or the greater
portion of, the population of the City of West Sacramento.
   (e) (1) The representative from the Yolo County Board of
Supervisors shall be entitled to vote on all sanitation district
matters that come before the sanitation district board of directors,
with the exception of the following:
   (A) Any and all matters directly related to the setting of
sanitation district fees, rates, and charges for district ratepayers.

   (B) Any and all matters directly related to the determination of
the composition of the sanitation district board of directors and the
district's organizational structure.
   (2) Except for a lack of an entitlement to vote on the matters
specified in paragraph (1), the representative from the Yolo County
Board of Supervisors shall otherwise be entitled to fully participate
in the sanitation district board's consideration of these matters as
a member of the sanitation district board.
   (f) This section shall remain in effect only until January 1,
2005, or until the date the board of directors of the sanitation
district notifies the Legislature that construction of a pipeline
facility in the unincorporated portion of Yolo County is completed,
whichever is later, and as of that date is repealed, unless a later
enacted statute, that is enacted before that date deletes or extends
that date.
  SEC. 3.  Section 4730.3 is added to the Health and Safety Code, to
read:
   4730.3.  (a) Notwithstanding Sections 4730, 4730.2, and 4832.5 or
any other provision of law, the governing board of a sanitation
district in the County of Sacramento shall be constituted in
accordance with this section.
   (b) The governing body of a sanitation district in the County of
Sacramento shall be a board of directors composed of an odd number of
not less than five members.  If the district includes no territory
that is within a city, the Sacramento County Board of Supervisors
shall be the board of directors of the sanitation district.
   (c) If the sanitation district includes territory that is within a
city, the board of directors of the sanitation district shall be
composed of the Sacramento County Board of Supervisors and the
presiding officer of the governing body of each of those cities.  If
the sanitation district also includes territory in the City of West
Sacramento in Yolo County, the sanitation district board of directors
shall also include the presiding officer of the governing body of
the City of West Sacramento.  If those members of the governing body
of the sanitation district constitute an even number, the Chairperson
of the Sacramento County Board of Supervisors shall have an
additional vote on the board of directors of the sanitation district.

   (d) The governing body of each city that has a representative on
the board of directors of the sanitation district may designate one
of its members to act in the place of its presiding officer in the
absence, inability to act, or refusal to act, of its presiding
officer.  The governing body of any of those cities may designate a
member of the county board of supervisors to serve as its
representative member on the board of directors of the sanitation
district in the place of the presiding officer of its governing body,
in which case, that supervisor shall have one vote for each city
represented by that supervisor.
   (e) This section shall become operative on January 1, 2005, or on
the date the board of directors of the sanitation district notifies
the Legislature that construction of a pipeline facility in the
unincorporated portion of Yolo County is completed, whichever is
later.
  SEC. 4.  Due to the unique circumstances concerning the City of
West Sacramento, the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the Constitution.