BILL NUMBER: AB 1232	CHAPTERED
	BILL TEXT

	CHAPTER  518
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  AUGUST 31, 2009
	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  MAY 7, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Huffman
   (Coauthor: Senator Leno)

                        FEBRUARY 27, 2009

   An act to add Section 56375.2 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1232, Huffman. Local agency formation commissions: powers and
duties.
   Existing law requires the local agency formation commission in
each county to, among other things, review and approve or disapprove
proposals for changes of organization, or reorganization, and
authorizes the commission to initiate proposals for the formation,
consolidation, or dissolution of a district, a merger, or the
establishment of a subsidiary district, as specified.
   This bill would, on and after January 1, 2011, authorize the Marin
County Local Agency Formation Commission to initiate and approve the
reorganization or consolidation of the Sewerage Agency of Southern
Marin (SASM) and its member districts, and would also authorize the
commission to require SASM and its member districts to pay the
commission's costs associated with the reorganization or
consolidation.


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

  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) The federal Clean Water Act prohibits the discharge of
pollutants into waters of the United States except in compliance with
various sections of that act, including permits for treated
discharge of wastewater.
   (b) Wastewater sewer systems collect, transport, and treat
wastewater sewage. However, illegal sewage spills of raw or partially
treated sewage are a serious problem in aging sewer systems and are
commonly caused by severe weather and improper system operation and
maintenance.
   (c) The United States Environmental Protection Agency estimates
that there are at least 40,000 sewage spills each year. The sewage
from these spills can contaminate surface and groundwater, causing
serious water quality problems.
   (d) Untreated sewage discharged into San Francisco Bay can cause
significant harm to an estuary that supports large numbers of birds,
fish, and wildlife, including threatened and endangered species. The
bay and estuary are also linked to the water supply for over
two-thirds of the state's population.
   (e) The United States Environmental Protection Agency reports that
from 2004 to early 2008, the Sewerage Agency of Southern Marin
(SASM) and its six member districts had over 200 illegal sewage
spills.
   (f) On January 25, 2008, in Marin County, SASM illegally spilled
over 2.5 million gallons of raw and partially treated sewage to the
San Francisco Bay. As a result of this illegal spill, the United
States Environmental Protection Agency and the San Francisco Bay
Regional Water Quality Control Board issued violation notices and
required operational improvements and payment of one million six
hundred thousand dollars ($1,600,000) in fines.
   (g) The Marin County Grand Jury reviewed and reported on the
southern Marin sewage problem in 2004, and again in 2009. The Grand
Jury recommended in their 2009 report that "SASM and its six member
districts consolidate into one central agency with a single budget
and staff" and indicated that consolidation could occur gradually,
but planning should begin now.
   (h) The Marin Local Area Formation Commission (LAFCO), in
preparation for the 2005 Municipal Service Review, conducted an
evaluation of the southern Marin sewer agencies. The study concluded
that there is a strong and positive case for southern Marin sewer
agencies to initially pursue more collaborative working
relationships, and to secondly pursue political and governance
consolidations in order to achieve improvements in efficiency and
effectiveness and reduce demands for budget increases.
   (i) It is the intent of the Legislature that SASM and its member
districts take action immediately to increase the effectiveness and
efficiency if its operations in order to provide more cost-effective
customer service and to reduce the impacts on water quality due to
illegal sewage spills. It is also the intent of the Legislature that
if SASM and its member districts do not act to address the
inefficiencies of their operations, that the Marin LAFCO shall have
the authority to require consolidation of SASM and its member
districts into one new district.
  SEC. 2.  Section 56375.2 is added to the Government Code, to read:
   56375.2.  (a) In addition to those powers enumerated in Section
56375, the Marin Local Area Formation Commission may initiate and
approve, after notice and hearing, a reorganization or consolidation
of the Sewerage Agency of Southern Marin and its member districts,
without protest hearings.
   (b) If the commission initiates and approves the reorganization or
consolidation pursuant to subdivision (a), the commission may impose
terms and conditions on the reorganization or consolidation that
would require the Sewerage Agency of Southern Marin and its member
agencies to be responsible for payment of the commission's costs
incurred in association with the reorganization or consolidation.
   (c) This section shall become effective on January 1, 2011.
  SEC. 3.  The Legislature finds and declares that, because of the
unique circumstances applicable to the County of Marin, a statute of
general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.