BILL ANALYSIS Ó
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 659 HEARING: 5/4/11
AUTHOR: Hernandez FISCAL: No
VERSION: 3/24/11 TAX LEVY: No
CONSULTANT: Lui
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
Changes the terms of the San Gabriel Basin Water Quality
Authority's board.
Background and Existing Law
Since 1979, the State Water Resources Control Board and the
Los Angeles Regional Water Quality Control Board
investigated groundwater conditions in the San Gabriel
Basin. During the U.S. Environmental Protection Agency's
study in 1984, they placed four areas of the basin on the
Superfund list. In response, the State Water Resources
Control Board, the Los Angeles Regional Water Quality
Control Board, the U.S. EPA, and the watermaster-a
judicially created association of private and public
groundwater users-created a joint-powers authority to
regulate pumping for water quality protection.
In 1992, the Legislature enacted the San Gabriel Basin
Water Quality Authority Act to develop, finance, and
implement groundwater treatment programs in the San Gabriel
Basin. The San Gabriel Basin Water Quality Authority
coordinates the cleanup of contaminated groundwater in the
San Gabriel Basin and through the Whittier Narrows and
Central Basin.
The Authority has a seven-member board:
One member for each of the three municipal water
districts (San Gabriel Valley MWD, Three Valleys MWD,
and Upper San Gabriel Water District).
One representative from a city that can pump water
from the basin (Alhambra, Arcadia, Azusa, Covina, El
Monte, Glendora, Industry, Irwindale, La Verne,
Monrovia, Monterey Park, South Pasadena, and
Whittier).
One member from a city without pumping rights
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(Baldwin Park, Bradbury, Duarte, La Puente, Rosemead,
San Dimas, San Gabriel, San Marino, Sierra Madre,
South El Monte, Temple City, and West Covina).
Two members representing water producers in the San
Gabriel Basin.
The members serve four-year terms. Each appointing
authority also names alternates to each member. Alternates
serve when the members are absent. If there's a vacancy in
office, the alternate serves for the remainder of the
member's term.
Since December 2010, the Authority has experienced
instability in membership, leading some to worry that the
politics behind appointing members interferes with the
Authority's work. Some of the appointing authorities
believed that their representatives held at-will
appointments, not fixed terms. The Authority and
appointing member agencies want to convert some of the
board members from fixed terms to at-will appointments.
Proposed Law
Senate Bill 659 changes the terms of office of the members
and alternates appointed to the San Gabriel Basin Water
Quality Authority's board by water districts and water
producers from fixed four-year terms to pleasure
appointments. This change affects the members and
alternates who hold office on January 1, 2011, and in the
future.
SB 659 repeals the authority for these alternates to serve
for the remainder of the member's term, if a vacancy
occurs.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Senate Bill 659 changes the
tenure of appointed San Gabriel Basin Water Quality
SB 659 -- 3/24/11 -- Page 3
Authority water district and producer members (and their
alternates) from fixed four-year appointments to at-will
positions. Some members of the San Gabriel Valley Water
Quality Authority argue that the bill codifies historical
practices. At-will appointments hold the Authority's board
members accountable, ensuring that they accurately
represent the appointing authorities' priorities.
Moreover, pleasure appointments allow for fresh
perspectives to review current project management and could
offer insightful recommendations.
2. Muddy water politics . Making water quality policies
and implementation decision requires making hard choices
that don't satisfy everyone. Sometimes there are winners
and losers. When local officials serve for fixed-terms,
they can make difficult decisions without worrying about
their political future. At-will appointments can put local
officials on a short political leash, sometimes requiring
them to follow popular ideas instead of long-term goals.
For decades, the San Gabriel Basin Water Quality
Authority's statute has protected its board members from
political pressure with fixed-term appointments. Recent
decisions, however, may have caused some appointing
authorities to wish for pleasure appointments. When it
comes to protecting water quality in the San Gabriel Basin,
legislators should encourage the long-view and not
short-term goals. Why muddy the waters?
3. Avoiding inequity . Current law treats all seven member
of the San Gabriel Basin Water Quality Authority equally;
each holds a four-year term. However, SB 659 treats the
members who represent water districts and water producers
differently than the members who represent cities. The
city members continue to serve fixed terms under SB 659,
while the bill converts the other seats to pleasure
appointments. To avoid confusing inconsistencies, the
Committee may wish to consider converting all seven seats
to pleasure appointments. If water districts and water
producers can replace their representatives when they want,
why shouldn't cities be able to recall their
representatives?
4. Another approach . If legislators want to strike a
balance between the stability that comes from fixed terms
and the responsiveness afforded by at-will appointments,
the Committee may wish to consider an alternative approach.
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Members would be appointed for fixed, four-year terms (as
in current law), but on a unanimous vote an appointing
authority could replace its member. This hybrid approach
could promote both stability and responsiveness.
5. Home rule and local control . Some say that Sacramento
is in no position to tell communities how to run their
local governments. Because local governments are closer to
the people than the Legislature and the Governor, could
term limits be decided on a local level? Instead of poking
into local politics, legislators should let a community's
voters control their elected officials. The Committee may
wish to consider if the local voters-not legislators-should
decide if their officials should serve for fixed terms.
Support and Opposition (4/28/11)
Support : San Gabriel Valley Municipal Water District.
Opposition : Unknown.