BILL NUMBER: SB 659	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 11, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 18, 2011

   An act to amend  Sections 507 and 508 of  
Section 507 of   , and to add Section 301.5 to,  the
San Gabriel Basin Water Quality Authority Act (Chapter 776 of the
Statutes of 1992), relating to the San Gabriel Basin Water Quality
Authority.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 659, as amended, Hernandez. San Gabriel Basin Water Quality
Authority: board members.
   The San Gabriel Basin Water Quality Authority Act authorizes the
San Gabriel  Water  Basin  Water  Quality
Authority to plan, finance, and implement groundwater remediation
activities, as prescribed. The act requires the authority to be
governed by a board composed of 7 members, consisting of 3 members
appointed by the San Gabriel Valley Municipal Water District, the
Upper San Gabriel Valley Municipal Water District, and the Three
Valleys Municipal Water District;  2 members  
one member  elected by specified cities  with pumping rights
 within the San Gabriel Basin;  one member elected by
specified cities without pumping rights within the San Gabriel Basin;
 and 2 producer members appointed by the San Gabriel Valley
Water Association. The act prescribes 4-year terms of office for the
board members.  The act also provides for the appointment or
election of alternates by each of those entities.  
   This bill would authorize each of those entities appointing or
electing a board member or alternate, by a majority vote, to remove
the board member or alternate without cause and at any time prior to
the expiration of the board member's or alternate's term of office,
and to appoint or elect another person as the member or alternate to
serve for the remaining term of the office, as specified. 

   This bill would require the members appointed by the water
districts and the producer members to hold office at the pleasure of
their respective appointing authorities, instead of holding a 4-year
term of office, and would make conforming changes to the act.

   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 301.5 is added to the 
 San Gabriel Basin Water Quality Authority Act  
(Chapter 776 of the Statutes of 1992), to read:  
   Sec. 301.5.  "Appointing authority" means the following:
   (a) With respect to a member or alternate appointed pursuant to
subdivision (a) of Section 503, the Board of Directors of the Upper
San Gabriel Valley Municipal Water District.
   (b) With respect to a member or alternate appointed pursuant to
subdivision (b) of Section 503, the Board of Directors of the San
Gabriel Valley Municipal Water District.
   (c) With respect to a member or alternate appointed pursuant to
subdivision (c) of Section 503, the Board of Directors of the Three
Valleys Municipal Water District.
   (d) With respect to a member or alternate appointed pursuant to
Section 503.1, the board of directors of the Water Association.
   (e) With respect to the member or alternate appointed pursuant to
subdivision (a) of Section 504, the cities with pumping rights.
   (f) With respect to the member or alternate appointed pursuant to
subdivision (b) of Section 504, the cities without pumping rights.

   SEC. 2.    Section 507 of the   San Gabriel
Basin Water Quality Authority Act   (Chapter 776 of the
Statutes of 1992), as amended by Section 7 of Chapter 905 of the
Statutes of 2000, is amended to read: 
   Sec. 507.  (a) Except as provided in subdivisions (b) and (c), the
terms of the members shall commence on the first Monday in January
and each member shall hold office for a term of four years and until
the successor takes office.
   (b) With respect to the initial board members, the terms of the
member appointed by the Three Valleys Municipal Water District and
the member elected by the cities without pumping rights shall expire
on January 1, 1995, and the terms of the remaining members shall
expire on January 1, 1997.
   (c) The terms of the initial producer members and alternates shall
commence on the first business day after the appointment of the
producer members and alternates. The terms of the initial producer
members and alternates shall expire on the fourth January 1 following
commencement of their term. 
   (d) Notwithstanding subdivision (a), the appointing authority, by
a majority vote, may remove that member or alternate without cause
and at any time prior to the expiration of the member's or alternate'
s term of office, and may appoint or elect another person as a member
or alternate. A person appointed or elected pursuant to this
subdivision shall meet the qualifications applicable to the office
and shall serve for the remaining term of the office.  
  SECTION 1.    Section 507 of the San Gabriel Basin
Water Quality Authority Act (Chapter 776 of the Statutes of 1992),
as amended by Section 7 of Chapter 905 of the Statutes of 2000, is
amended to read:
   Sec.507.  (a) (1) Except as provided in subdivision (b), the terms
of the members elected by the cities shall commence on the first
Monday in January and each member elected by the cities shall hold
office for a term of four years and until the successor takes office.

   (2) Members and alternates appointed by the water districts
pursuant to Section 503 and producer members and alternates appointed
pursuant to Section 503.1 shall serve at the pleasure of their
respective appointing authorities. This paragraph shall apply to the
members and alternates holding office as of January 1, 2011, and to
all subsequent members and alternates appointed pursuant to Sections
503 and 503.1.
   (b) With respect to the initial board members, the term of the
member elected by the cities without pumping rights shall expire on
January 1, 1995, and the term of the member elected by the cities
with pumping rights shall expire on January 1, 1997. 

  SEC. 2.    Section 508 of the San Gabriel Basin
Water Quality Authority Act (Chapter 776 of the Statutes of 1992), as
amended by Section 3 of Chapter 810 of the Statutes of 2001, is
amended to read:
  Sec. 508.  Any vacancy in the office of a member shall be filled as
follows:
   (a) (1) A vacancy in the office of a member or alternate who was
appointed by a water district shall be filled by the appointing water
district by a resolution adopted by a majority vote of the district
governing board. The person appointed to fill the vacancy shall meet
the qualifications applicable to the vacant office.
   (2) If a water district member or alternate water district member
ceases to be a member of the board of directors of a water district,
the office on the board occupied by that member shall be deemed
vacant.
   (b) (1) A vacancy in the office of a member or alternate who was
elected by cities shall be filled by a special election called by the
authority. Only those cities which elected the member or alternate
to the office in which the vacancy has occurred are eligible to vote.
Nominations and balloting shall be conducted in the same manner as a
regular election, except that the date of the election and time
periods shall be as prescribed by the authority. The member or
alternate elected to fill a vacancy shall meet the qualifications
applicable to the vacant office and shall serve for the remaining
term of the vacant office.
   (2) If a city member or alternate city member ceases to be a city
council member, the office on the board occupied by that member shall
be deemed vacant.
   (c) A vacancy in the office of a producer member or alternate who
was appointed by the board of directors of the Water Association
shall be filled pursuant to Section 503.1.