BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                    CONSENT


          Bill No:  SB 894
          Author:   Senate Local Government Committee
          Amended:  4/12/10
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  5-0, 4/19/10
          AYES: Cox, Aanestad, Kehoe, DeSaulnier, Price

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT :    Local Government Omnibus Act of 2010

           SOURCE  :     Author


           DIGEST  :    This bill, the Local Government Omnibus Act of  
          2010, proposes 20 changes to the state laws affecting local  
          agencies' powers and duties.

           ANALYSIS  :    Each year, local officials discover problems  
          with the state statutes that affect counties, cities,  
          special districts, and redevelopment agencies, as well as  
          the laws on land use planning and development.  These minor  
          problems do not warrant separate (and expensive) bills.   
          According to the Legislative Analyst, in 2001-02 the cost  
          of producing a bill was $17,890.

          The Senate Local Government Committee (Committee) responds  
          by combining several of these minor topics into an annual  
          "omnibus bill."  For example, SB 113 (Senate Local  
          Government Committee), Chapter 332, Statutes of 2009, the  
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          Committee's omnibus bill, contained 39 noncontroversial  
          statutory changes, avoiding about $700,000 in legislative  
          costs.  Although this practice may violate a strict  
          interpretation of the single-subject and germaneness rules  
          as presented in  Californians for an Open Primary v.  
          McPherson  (2006) 38 Cal.4th 735, it is an expeditious and  
          relatively inexpensive way to respond to multiple requests.

          This bill, the "Local Government Omnibus Act of 2010,"  
          proposes 20 changes to the state laws affecting local  
          agencies' powers and duties:

          1.  Land use mediation law clean-up  .  Judges can resolve  
             land use and environmental lawsuits through mediation  
             (Government Code Section 66030, et seq., added by SB 517  
             (Bergeson), Chapter 300, Statutes of 1994).  A judge can  
             invite the litigants to use a mediator to resolve their  
             case before it goes to trial (Government Code Section  
             66031 [d]).  Judges can use these mediation procedures  
             for lawsuits that affect 10 specified statutes  
             (Government Code Section 66031 [a]):

              A.     Development projects.
              B.     California Environmental Quality Act decisions.
              C.     Time limits in the Permit Streamlining Act or  
                 Subdivision Map Act.
              D.     School districts' developer fees.
              E.     Developer fees.
              F.     The adequacy of general plans or specific plans.
              G.     Local agency formation commission decisions.
              H.     The adoption or amendments of redevelopment  
                 plans.
              I.     Zoning decisions.
              J.     Airport land use decisions.

          Although no one keeps track, practitioners say that judges  
          don't use these mediation procedures very often.  The  
          Committee's staff believes that one reason that judges may  
          not use the law is that the authority appears only in a  
          general statutory location and not in each of the affected  
          laws.  The Committee's staff wants the Legislature to  
          insert a cross-reference to the existing mediation  
          procedures in each of the affected statutes.  This bill  
          inserts the statutory cross-reference to the existing land  

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          use and environmental dispute mediation law in each of the  
          affected statutes.  This bill also corrects the references  
          to the existing laws that describe school districts'  
          developer fees and the Mitigation Fee Act.  The changes in  
          this bill are consistent with current law and do not change  
          state policies or result in new state-mandated local  
          programs.  See these sections of the bill:

             A.    Section 2 School fees (Education Code Section  
                17624.5).
             B.    Section 18 Local Agency Formation Commission  
                decisions (Government Code Section 56103.5).

             C.    Section 20 General and specific plans (Government  
                Code Section 65107).
             D.    Section 21 Zoning (Government Code Section 65801).
             E.    Section 22 Permit Streamlining Act (Government  
                Code Section 65920).
             F.    Section 23 Mitigation Fee Act (Government Code  
                Section 66000.5).
             G.    Section 24 Mediation law clean-up (Government Code  
                Section 66031).
             H.    Section 25 Subdivision Map Act (Government Code  
                Section 66499.38).
             I.    Section 27 Redevelopment plans (Health & Safety  
                Code Section 33501.9).
             J.    Section 37 California Environmental Quality Act  
                (Public Resources Code Section 21167.9).
             K.    Section 38 Airport land use commissions (Public  
                Utilities Code Section 21670.6).

          2.   Commission on State Mandates reports  .  The California  
             Constitution requires the state to reimburse local  
             governments for the cost of new programs or higher  
             levels of service mandated by the Legislature or any  
             state agency.  The Commission on State Mandates  
             (Commission) is a quasi-judicial body which decides test  
             claims for reimbursable state-mandates.  If the  
             Commission identifies a state-mandated program, it  
             adopts parameters and guidelines defining what  
             activities will be reimbursed, and adopts statewide cost  
             estimates.  The Commission reports to the Legislature  
             semiannually on the status of state-mandate claims  
             (Government Code Section 17600).  In 2007, the  

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             Legislature allowed the State Department of Finance and  
             local governments to use alternative processes to  
             resolve claims and parameters and guidelines for state  
             mandates (AB 1222 (Laird), Chapter 329, Statutes of  
             2007).  In October 2009, the California State Auditor  
             questioned why public officials weren't using these  
             alternative processes (Report 2009-501).  The State  
             Auditor recommended that the Commission on State  
             Mandates add additional information in its semiannual  
             report about the status of these alternative measures  
             and any delays.  The Commission agrees and wants the  
             Legislature to require this information in the  
             semiannual reports.  This bill requires the Commission  
             on State Mandates to include more information in its  
             semiannual reports to the Legislature, specifically  
             explaining the use of alternative processes and any  
             delays. [Section 2.5]

          3.  Fresno and Merced counties' boundaries  .  The state  
             statutes recite the official boundary descriptions of  
             all 58 counties (Government Code Sections 23101-23158).   
             State law also allows counties to adjust their mutual  
             boundaries (Government Code Section 23200, et seq.).   
             After counties use this procedure they ask the  
             Legislature to revise their statutory boundary  
             descriptions to match the new realities.  For example,  
             Kern and Los Angeles county officials used this  
             procedure in 2000 when property owners asked to transfer  
             about 1,000 acres near the Tejon Pass from Los Angeles  
             County to Kern County.  SB 1326 (Senate Local Government  
             Committee), Chapter 454, Statutes of 2002, corrected the  
             counties' statutory boundary descriptions.  In 2007,  
             Fresno and Merced county officials used the same  
             procedures to shift 4,175 acres from Fresno County to  
             Merced County near the City of Dos Palos.  The county  
             boundary changes took effect on January 1, 2008 and  
             county officials want the Legislature to conform their  
             statutory boundary descriptions (Government Code Section  
             23110 & Section 23124) to match the new legal reality.   
             This bill amends the statutory boundary descriptions for  
             Fresno County and Merced County to conform to the  
             counties' current boundaries. [Sections 3 & 4]

          4.  Municipal Advisory Council (MAC) and & Community  

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             Services Districts (CSD)  .  MAC is an appointed or  
             elected body that advises county supervisors on topics  
             that affect an unincorporated community (Government Code  
             Section 31010).  State law prohibits public officials  
             from holding incompatible offices, with exceptions.  One  
             exception is that state law may expressly authorize  
             holding dual offices (Government Code Section 1099).  In  
             1991, the Legislature expressly declared that service on  
             a recreation and park district's board is not  
             incompatible with service on a MAC (Government Code  
             Section 31010.5; added by SB 767, [Senate Local  
             Government Committee], Chapter 1226, Statutes of 1991).   
             In 2001, the Legislature revised the state laws that  
             govern park districts and restated the MAC exception in  
             the Recreation and Park District Law (Public Resources  
             Code Section 5784 [d]; added by SB 707 [Senate Local  
             Government Committee], Chapter 15, Statutes of 2001).   
             In 2005, when the Legislature revised the state laws  
             that govern CSDs, it also declared that service on a CSD  
             board was not incompatible with serving on a MAC  
             (Government Code Section 61040 [d]; added by SB 135  
             [Kehoe], Chapter 249, Statutes of 2005).  However, the  
             Legislature failed to make the parallel change in the  
             MAC law.  To avoid misunderstandings, the Committee's  
             staff wants the Legislature to add CSDs to the list of  
             special districts' boards that are not incompatible with  
             serving on a MAC.  This bill adds community services  
             districts to the statute that declares that service on a  
             municipal advisory council is not an incompatible  
             office. [Section 5]

          5.  Gender-specific city council references  .  All general  
             law cities have city councils with at least five members  
             (Government Code Section 36501 [a]).  Although older  
             statutes still refer to city councilmembers as  
             "councilmen" or "councilwomen," state law makes it clear  
             that any member of a city council can be called a  
             "councilmember" (Government Code Section 36815; amended  
             by SB 1685 [Bergeson], Chapter 982, Statutes of  1986).   
             Nevertheless, at least 16 older sections in the  
             Government Code and the Health & Safety Code still use  
             the terms "councilman" and "councilmen," or use the male  
             pronoun "his."  The Committee's staff wants the  
             Legislature to use gender-neutral terms in the state  

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             laws that refer to city councilmembers.  This bill  
             changes the statutory references to city "councilman"  
             and "councilmen" to city "councilmember" and  
             "councilmembers."  See these sections of the bill:

             A.    Section 6 Government Code Section 31479.1.
             B.    Section 7 Government Code Section 34873.
             C.    Section 8 Government Code Section 34875.
             D.    Section 9 Government Code Section 34900.
             E.    Section 10Government Code Section 34901.
             F.    Section 11 Government Code Section 36508.
             G.    Section 12 Government Code Section 36511.
             H.    Section 13 Government Code Section 36515.
             I.    Section 14 Government Code Section 36516.1.
             J.    Section 15 Government Code Section 36516.5.
             K.    Section 16 Government Code Section 36804.
             L.    Section 17 Government Code Section 36811.
             M.    Section17.5 Government Code Section 50271.
             N.    Section 19 Government Code Section 65063.7.
             O.    Section 28 Health & Safety Code Section 40225.
             P.    Section 29 Health & Safety Code Section 40326.

          6.  Health care districts' assets  .  The Local Health Care  
             District Law (Health & Safety Code Section 32000, et  
             seq.) governs the 80 special districts which own and  
             operate local public hospitals and clinics.  In 1982,  
             the Legislature authorized health care districts to  
             transfer some of their assets to nonprofit corporations  
             (Health & Safety Code Section 32121 [p], added by SB  
             2012 [Maddy], Chapter 1594, Statutes of 1982).  In 1992,  
             the Legislature required health care districts to get  
             majority-voter approval before transferring 50 percent  
             or more of their assets to nonprofit corporations (SB  
             1771 [Russell & Kopp], Chapter 1359, Statutes of 1992).   
             In 1998, the Legislature required health care districts  
             to get majority-voter approval before transferring or  
             leasing 50 percent or more of their assets to any  
             corporation at fair market value.  That requirement  
             would have automatically terminated on January 1, 2001  
             (Health & Safety Code Section 32121 [p] & Section 32126,  
             amended by SB 460 [Kelley], Chapter 18, Statutes of  
             1998).  In 2000, the Legislature extended the sunset  
             date to January 1, 2006, and directed the Legislative  
             Analyst's Office (LAO) to determine if the requirement  

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             should be permanent (SB 1508 [Figueroa], Chapter 169,  
             Statutes of 2000).  A November 2004 LAO report concluded  
             that after studying just one transfer from a district to  
             a for-profit corporation, there was no basis to  
             recommend a continuation of the requirement for voter  
             approval.  In 2005, the Legislature extended the sunset  
             date to January 1, 2011 (AB 1131, Torrico, 2005).  The  
             Washington Township Healthcare District wants the  
             Legislature to make the requirement permanent.  This  
             bill makes permanent the requirement that healthcare  
             districts get majority-voter approval before they  
             transfer or lease 50 percent or more of their assets to  
             corporations.  Specifically, this bill deletes the  
             sunset clauses in Sections 32121 & 32126, and repeals  
             the outdated versions of Section 32121 and Section  
             32126. [Sections 25.1, Section 25.3, Section 25.5, and  
             Section 25.7]

          7.  Redevelopment audit terms  .  When a redevelopment agency  
             presents its annual report, including its annual  
             independent financial audit report, to its underlying  
             city council or county board of supervisors, the agency  
             must explain any "major violations" that the auditor  
             found (Health and Safety Section 33080.2).  In 2003, the  
             Legislature changed this term to "major audit violation"  
             (Health & Safety Code Section 33080.8 [j]; amended by SB  
             109 [Torlakson], Chapter 318, Statutes of 2003), but  
             neglected to change all of the other references.  To  
             avoid confusion, the Committee's staff wants the  
             Legislature to use the correct term.  This bill changes  
             statutory references to "major violations" to "major  
             audit violations" in the state law that tells  
             redevelopment agencies what to do with their annual  
             reports. [Section 26]

          8.  Redevelopment spending outside project areas  .  The  
             Community Redevelopment Law (Health & Safety Code  
             Section 33000, et seq.) allows redevelopment officials  
             to pay for public works projects inside redevelopment  
             project areas (Health & Safety Code Section 33445).   
             Before they can pay for public works that are located  
             outside project areas, officials must make five findings  
             (Health & Safety Code Section 33445.1, added by SB 93  
             [Kehoe], Chapter 555, Statutes of 2009).  These new  

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             requirements took effect on January 1, 2010, but last  
             year's Kehoe bill grandfathered public works projects  
             with financing, construction, or installation underway.   
             Redevelopment officials note, however, that state law  
             doesn't explain that the grandfathered projects can  
             still proceed under the former statute.  They want the  
             Legislature to clarify redevelopment law.  This bill  
             clarifies that when redevelopment officials pay for  
             public works projects that are located outside a  
             redevelopment project area, but were underway before the  
             Legislature imposed the new requirements, they can  
             proceed under the former statutory requirements. This  
             language is already in SB 1287 (Ducheny, 2010). [Section  
             26.5]

          9.  Air pollution control officers' deputies  .  State law  
             governs the structure and powers of air pollution  
             control districts (APCDs) and air quality management  
             districts (AQMDs) (Health & Safety Code Section 40000,  
             et seq.).  Each county's APCD appoints an air pollution  
             control officer (APCO) who in turn appoints the APCD's  
             personnel (Health & Safety Code Section 40750 & Section  
             40751).  Formally appointed deputies have general  
             statutory authority to perform their superiors' powers  
             (Health & Safety Code Section 7).  Citing  Rauer v. Lowe   
             (107 Cal. 229 [1885]), a 1987 Attorney General's opinion  
             explained that a "government official may not appoint a  
             deputy without appropriate legal authority" (70  
             Ops.Cal.Atty.Gen. 250 [1987]).  Although many APCOs  
             designate deputies to carry out delegated duties, there  
             is no explicit authority to appoint Deputy APCOs for  
             APCDs.  However, state law explicitly allows deputies  
             for the South Coast AQMD, the Mojave Desert AQMD, the  
             Antelope Valley AQMD (Health & Safety Code Sections  
             40481, 41261, & 41351).  County officials want the  
             Legislature to give APCOs the explicit statutory  
             authority to appoint deputies, subject to the APCD  
             boards' direction.  This bill allows air pollution  
             control officers to appoint deputies. [Section 29.5]

          10.  West Nile virus and intergovernmental cooperation  .   
             State law requires an agency that responds to an  
             outbreak of West Nile virus or other mosquito-borne  
             disease to either contract with a local mosquito and  

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             vector control agency that has a cooperative agreement  
             with the State Department of Health Services, or consult  
             directly with the Department (Health & Safety Code  
             Section 116183, added by AB 1454 [Canciamilla], Chapter  
             41, Statutes of 2004).  This law would have  
             automatically terminated on January 1, 2009, but the  
             Legislature extended the sunset date to January 1, 2011  
             (SB 1124 [Senate Local Government Committee], Chapter  
             709, Statutes of 2008).  The Mosquito and Vector Control  
             Association of California wants the Legislature to  
             extend the sunset date for another year so that  
             legislators will have more time to consider a permanent  
             statute.  This bill extends the sunset date from January  
             1, 2011 to January 1, 2012, for the state law that  
             requires public agencies to work with the State  
             Department of Health Services during an outbreak of West  
             Nile virus or other mosquito-borne diseases. [Section  
             29.7]

          11.  Publishing water reservoir rules  .  Public agencies  
             (counties, cities, special districts) with water  
             reservoirs that are used for fishing or recreation must  
             publish their watershed rules and regulations at least  
             once in a general circulation newspaper in the county  
             where the reservoir is located (Health & Safety Code  
             Section 117065).  The East Bay Municipal Utility  
             District (EBMUD) operates seven drinking water  
             reservoirs, five of which are used for fishing and  
             recreation; the reservoirs are in five different  
             counties.  Publishing the full text of EBMUD's watershed  
             rules and regulations costs approximately $20,000 each  
             time the District changes them, although it's not clear  
             if public agencies must republish their rules and  
             regulations when they're amended.  Other statutory  
             publishing requirements allow public officials to print  
             only summaries of their ordinances when they change (See  
             Public Utilities Code Section 11910 and Water Code  
             Section 31027.  Also see Public Utilities Code Section  
             11938 and Water Code Section 31027; as amended by SB  
             113, Senate Local Government Committee, 2009).  Instead  
             of publishing the full text of changes to its reservoir  
             rules and regulations, the EBMUD wants the Legislature  
             to allow public agencies to publish summaries of the  
             changes.  This bill allows public agencies to publish  

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             summaries of the changes to their watershed rules and  
             regulations for reservoirs. [Section 30]

          12.  County public works contracts and change orders  .  State  
             law spells out the competitive bidding procedures that  
             counties follow when they issue public works contracts  
             (Public Contract Code Section 20120, et seq.).  The  
             county board of supervisors must approve changes to  
             these contracts by a 4/5 vote (Public Contract Code  
             Section 20137), however, the county supervisors can  
             delegate this authority to the county engineer or other  
             county officer (Public Contract Code Section 20142).   
                                                                      For a contract worth more than $250,000, the change  
             order can't be more than $25,000, plus five percent of  
             the amount over $250,000.  In no event can the change  
             order be more than $150,000 (Public Contract Code  
             Section 20142 [b]).  Los Angeles County officials note  
             that inflation has eroded the purchasing power of the  
             $150,000 limit since the Legislature last raised that  
             amount (AB 683 [Morrow], Chapter 215, Statutes of 1997).  
              The equivalent of $150,000 in 1998 dollars would be  
             $209,100 in 2009.  They want the Legislature to increase  
             the limit on counties' change orders.  This bill raises  
             the limit on change orders for public works contracts  
             that county supervisors delegate to county officials  
             from $150,000 to $210,000. [Section 31]

          13.  County bridge contracts and change orders  .  State law  
             spells out the competitive bidding procedures that  
             counties follow when they issue contracts to build or  
             alter bridges and subways (Public Contract Code Section  
             20400, et seq.).  The county board of supervisors must  
             approve changes to these contracts by a 4/5 vote (Public  
             Contract Code Section 20405 [c]).  Los Angeles County  
             officials note that unlike the laws governing other  
             county public works contracts, this statute doesn't  
             allow the county supervisors to delegate the authority  
             to approve change orders to county officials (see Public  
             Contract Code Section 20142).  Taking individual change  
             orders to the county board of supervisors is  
             time-consuming and increases the costs of bridge  
             projects.  They want the Legislature to allow county  
             boards of supervisors to delegate change orders for  
             bridge and subway construction contracts, following the  

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             same thresholds as change orders for other county.  This  
             bill allows county boards of supervisors to delegate  
             their authority to approve change orders on county  
             bridge and subway construction contracts to county  
             officers:

             A.    For contracts of $50,000 or less, the maximum  
                amount is $5,000.

             B.    For contracts worth between $50,000 and  
                $250,000, the maximum amount is $25,000.

             C.    For contracts worth more than $250,000, the  
                maximum amount is $25,000 plus five percent of the  
                amount over $250,000.  In no event can the change  
                order be more than $210,000. [Section 32]

          14.  County waterworks districts' contracts and change  
             orders  .  The County Waterworks District Law says that a  
             county board of supervisors is the ex officio governing  
             board of a county waterworks district (Water Code  
             Section 55000, et seq.).  State law spells out the  
             competitive bidding procedures that county waterworks  
             districts follow when they issue contracts to build  
             water facilities (Public Contract Code Section 20600, et  
             seq.).  Los Angeles County officials note that unlike  
             the laws governing county public works contracts, this  
             statute doesn't allow the county supervisors to approve  
             changes to county waterworks districts' contracts or to  
             delegate the authority to approve change orders to  
             county officials (Public Contract Code Section 20142).   
             They want the Legislature to allow county boards of  
             supervisors to delegate change orders for construction  
             contracts, using the same thresholds as change orders  
             for county construction contracts.  This bill allows a  
             county board of supervisors, acting as a county  
             waterworks district's governing board, to delegate to  
             the district manager or other district official the  
             authority to approve change orders on construction  
             contracts:

             A.    For contracts of $50,000 or less, the maximum  
                amount is $5,000.


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             B.    For contracts worth between $50,000 and  
                $250,000, the maximum amount is $25,000.

             C.    For contracts worth more than $250,000, the  
                maximum amount is $25,000 plus five percent of the  
                amount over $250,000.  In no event can the change  
                order be more than $210,000. [Section 33]

          15.  Redevelopment agencies' design-build cross-reference  .   
             Redevelopment agencies can use the design-build  
             contracting method until January 1, 2016 (Public  
             Contract Code Section 20688.6; added by SB 4XX  
             [Cogdill], Chapter 2, Statutes of 2009).  In describing  
             the public works projects to which the language applies,  
             the statute incorrectly cites Health & Safety Code  
             Section 33455 instead of Section 33445.  Also, the  
             Legislature created a new provision for public works  
             projects outside redevelopment project areas (Health &  
             Safety Code Section 33445.1, added by SB 93 [Kehoe],  
             Chapter 555, Statutes of 2009), but current law doesn't  
             recognize the new provision.  The Committee's staff  
             wants the Legislature to correct these statutory  
             cross-references.  This bill corrects the statutory  
             cross-references in the state law that allows  
             redevelopment agencies to use the design-build  
             contracting method. [Section 34]

          16.  Los Angeles County Flood Control District's contracts  
             and change orders  .  The Los Angeles County Flood Control  
             District Act says that the Los Angeles County Board of  
             Supervisors is the District's ex officio governing board  
             (Water Code Appendix Section 28-1, et seq.).  State law  
             spells out the competitive bidding procedures that the  
             District follows when they issue contracts to build  
             water facilities (Public Contract Code Section 20990, et  
             seq.).  Los Angeles County officials note that unlike  
             the laws governing county public works contracts, this  
             statute doesn't allow the county supervisors to approve  
             changes to the District's contracts or to delegate the  
             authority to approve change orders to county officials  
             (see Public Contract Code Section 20142).  They want the  
             Legislature to allow the Los Angeles County Board of  
             Supervisors to delegate change orders for the District's  
             construction contracts, using the same thresholds as  

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             change orders for county construction contracts.  This  
             bill allows the Los Angeles County Board of Supervisors  
             to delegate to the Los Angeles County Flood Control  
             District's chief engineer or other District officer the  
             authority to approve change orders on construction  
             contracts:

             A.    For contracts of $50,000 or less, the maximum  
                amount is $5,000.

             B.    For contracts worth between $50,000 and  
                $250,000, the maximum amount is $25,000.

             C.    For contracts worth more than $250,000, the  
                maximum amount is $25,000 plus five percent of the  
                amount over $250,000.  In no event can the change  
                order be more than $210,000. [Section 35]

          17.  Property tax transfer clarification  .  Complex state laws  
             spell out how county officials must allocate property  
             tax revenues to counties, cities, special districts, and  
             school districts (Revenue & Taxation Code Section 95, et  
             seq.).  Local officials can agree among themselves to  
             reallocate property tax revenues, transferring revenue  
             from one local agency to one or more other agencies,  
             provided that four conditions exist (Revenue & Taxation  
             Code Section 99.02, originally added by AB 241  
             [McClintock], Chapter 1204, Statutes of 1985 and  
             recodified by AB 3347 [Gotch], Chapter 1167, Statutes of  
             1994).  The second condition is that the transfer won't  
             increase the ratio between the transferring agency's  
             user charges and the revenues that the agency uses to  
             pay for services.  When interpreting this language, a  
             2006 Attorney General's opinion noted that words were  
             missing from the description (89 Ops.Cal.Atty.Gen. 14  
             [05-809]).  An attorney who works on local government  
             topics wants the Legislature to insert the missing words  
             identified in the Attorney General's opinion.  This bill  
             clarifies the state law which permits local agencies to  
             voluntarily transfer property tax revenues by inserting  
             language suggested by an Attorney General's opinion, and  
             using consistent statutory terms. [Section 37.5]

          18.  Publishing California water districts' regulations  .   

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             California water districts can adopt "equitable rules  
             and regulations" that govern the sale and distribution  
             of water (Water Code Section 35423).  After they publish  
             these rules and regulations once a week for two weeks in  
             a general circulation newspaper, they can enforce the  
             regulations (Water Code Section 35424).  The Irvine  
             Ranch Water District says that it costs between $10,000  
             and $20,000 to publish its lengthy rules and  
             regulations.  Other statutory publishing requirements  
             allow public officials to print only summaries of their  
             ordinances when they change (See Public Utilities Code  
             Section 11910 and Water Code Section 31027.  Also see  
             Public Utilities Code Section 11938 and Water Code  
             Section 31027, as amended by SB 113 [Senate Local  
             Government Committee], Chapter 332, Statutes of 2009).   
             Instead of publishing the full text of its amended water  
             rules and regulations, the Irvine Ranch Water District  
             wants the Legislature to allow California water  
             districts to publish summaries.  This bill allows  
             California water districts to publish summaries of the  
             changes to their water rules and regulations. [Section  
             38]

          19.  Reclamation districts' seals  .  State law recognizes  
             public agencies' seals as formal signs of executing  
             documents (Code of Civil Procedure Sections 14, 1930, &  
             1931).  State law allows many types of special districts  
             to adopt and alter official seals.  For example,  
             community services districts (Government Code Section  
             61060 [i]), mosquito and vector control districts  
             (Health & Safety Code Section 2040 [j]), and county  
             water districts (Water Code Section 31003) can adopt and  
             alter seals.  A reclamation district must adopt a seal  
             which contains its number and its county's name (Water  
             Code Section 50655).  All reclamation district documents  
             that require the board of trustees' approval need the  
             district's seal (Water Code Section 50656).  The  
             California Central Valley Flood Control Association says  
             that requiring seals on reclamation districts' documents  
             is antiquated.  Instead, the Association wants the  
             Legislature to require that a district trustee or the  
             board secretary sign these documents.  This bill allows  
             rather than requires a reclamation district to adopt and  
             alter a seal.  This bill requires reclamation districts'  

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             documents that need the board of trustee's approval to  
             be signed by either a district trustee or the board's  
             secretary, instead of requiring the district's seal.  
             [Section 39 & 40]

          20.  North Delta Water Agency's elections  .  Formed in 1973 as  
             one of the three successors to the Delta Water Agency,  
             the North Delta Water Agency operates under its own  
             special act (Water Code Appendix Section 115-1, et  
             seq.).  The Agency's voters are landowners within its  
             boundaries and each landowner gets one vote for every  
             acre owned (Water Code Appendix Section 115-1.3 (i) &  
             115-2.2).  The Agency's principal act says that the  
             board of directors has five members, one from each of  
             the Agency's divisions.  Each board member must be a  
             property owner or a property owner's legal  
             representative within the division that the member  
             represents (Water Code Section 115-3.2).  The Agency's  
             general manager notes that the statute is unclear about  
             which voters elect the board members.  The Agency wants  
             the Legislature to clarify that only the voters in a  
             division elect the board member who represents that  
             division.  This bill clarifies that the North Delta  
             Water Agency's board members are elected by divisions,  
             elected only by the voters of each division and not  
             at-large. [Section 41]

          21.  Legislative declarations  .  This bill expresses the  
             Legislature's intent to cut costs by combining several  
             noncontroversial items relating to local government into  
             a single bill. [Section 1]  

           Comments
           
          This bill collects 20 noncontroversial changes to the state  
          laws affecting local agencies and land use into a single  
          bill.  Sending a bill through the legislative process costs  
          over $18,000.  By avoiding 19 other bills, the Committee's  
          measure avoids over $300,000 in legislative costs.   
          Although the practice may violate a strict interpretation  
          of the single-subject and germaneness rules, the Committee  
          insists on a very public review of each item.  More than  
          125 public officials, trade groups, lobbyists, and  
          legislative staffers see each proposal before it goes into  

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          the Committee's bill.  Should any item in this bill attract  
          opposition, the Committee will delete it.  In this  
          transparent process, there is no hidden agenda.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/3/10)

          Association of California Water Agencies
          California Central Valley Flood Control Association
          California Redevelopment Association
          California Special Districts Association
          California State Association of Counties
          Commission on State Mandates
          Counties of Fresno, Los Angeles, Merced
          Irvine Ranch Water District
          East Bay Municipal Utility District
          Mosquito and Vector Control Association of California
          Washington Hospital Healthcare System


          AGB:do  5/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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