BILL NUMBER: SB 235	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 9, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 9, 2011

   An act to add Section 74209 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 235, as amended, Negrete McLeod. Water conservation districts:
reduction in number of directors.
   The Water Conservation District Law of 1931 generally governs the
formation of water conservation districts and specifies the powers
and purposes of those districts.
   This bill would authorize a water conservation district  ,
except districts within the County of Ventura, whose  
with a  board of directors  consists  
consisting  of 7 directors, to reduce the number of directors to
5, consistent with specified requirements.  The bill would not
apply to districts within the   County of Ventura. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 74209 is added to the Water Code, to read:
   74209.  (a) A district  whose board consists 
 with a board consisting  of seven directors may reduce the
number of directors to five pursuant to this section. A reduction in
the number of directors shall not be made within 180 days preceding
the election of a director.
   (b) In order to reduce the number of directors pursuant to this
section, the board shall adopt, by a recorded vote of  a
majority   two-thirds  of the total membership of
the board, a resolution proposing to reduce the number of directors
from seven to five. The resolution shall contain a map and
description of the boundaries for the five divisions proposed to be
established.
   (c) The secretary of the district shall set a date for a public
hearing on the proposal to reduce the number of directors, which
shall be not less than 30 days and not more than 60 days after the
date on which the board adopted the resolution described in
subdivision (b). The secretary shall give notice of the hearing,
which shall include a description of the proposal and shall contain a
map and general description of the proposed boundaries of the five
divisions. The secretary shall give notice of the hearing by
publishing a notice pursuant to Section 6063 of the Government Code
in at least one newspaper of general circulation within the
jurisdiction of the district at least 10 days before the hearing. In
addition, the secretary shall mail the notice to a person who has
filed a written request for notice with the secretary at least 10
days before the hearing.
   (d) At the hearing, the board shall receive and consider any
written or oral comments regarding the proposed reduction in the
number of directors. After receiving and considering those comments,
the board, by a recorded vote of  a majority  
two-thirds  of the total membership of the board, shall do
either of the following:
   (1) Disapprove the proposal.
   (2) Adopt a resolution that orders the reduction in the number of
members of the board.
   (e) The adoption of a resolution that orders a reduction in the
number of members of the board pursuant to this section is a
legislative act that is subject to referendum pursuant to Article 2
(commencing with Section 9340) of Chapter 4 of Division 9 of the
Elections Code.
   (f) A reduction in the number of directors and a change in
division boundaries pursuant to this section shall not affect the
term of office of any director. A director of a division 
whose   for which  boundaries have been changed
shall continue to be the director of the division bearing the number
of his or her division until the office becomes vacant by means of
term expiration or otherwise, whether or not the director is a
resident within the boundaries of the division as changed. The
successor to the office of a division  whose  
for which  boundaries have been changed shall be a resident and
voter of that division.
   (g) This section does not apply to districts within the County of
Ventura, which are subject to the provisions of Chapter 4 (commencing
with Section 74450) of Part 4.