BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       CONSENT


          Bill No:  AB 72
          Author:   Holden (D) and Hernandez (D), et al.
          Amended:  3/19/13 in Assembly
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  7-0, 5/15/13
          AYES:  Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu

           ASSEMBLY FLOOR  :  75-0, 4/11/13 - See last page for vote


          SUBJECT  :    Municipal water district:  board of directors

           SOURCE :     Three Valleys Municipal Water District


           DIGEST  :    This bill requires that a director of a municipal  
          water district (MWD), once elected into office, take office at  
          noon on the first Friday in December following the election.

           ANALYSIS  :    

          Existing law: 

          1. Establishes the Municipal Water District Law of 1911.

          2. Requires that the board of directors of MWD consist of five  
             elected members whom reside in the district they are elected  
             to represent.  

          3. Establishes a four-year term for directors after the date of  
             taking office and until the election and qualification of the  
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             successor.

          4. Allows a vacancy on a MWD's board to be filled by appointment  
             or by a special election.  

          5. Requires directors to be elected at the general district  
             election. 

          6. Defines the term "general election" to mean the election held  
             throughout the state on the first Tuesday after the first  
             Monday of November in each even numbered year or any  
             statewide elections held on a regular election date as  
             specified in state law.  

          7. Recognizes the following dates as established election dates:

             A.    The second Tuesday of April in each even numbered  
                year;

             B.    The first Tuesday after the first Monday in March of  
                each odd-numbered year;

             C.    The first Tuesday after the first Monday in June in  
                each year; and,

             D.    The first Tuesday after the first Monday in November  
                of each year.

          8. Requires elected directors to take office at noon on the  
             first Monday after the January 1st succeeding their election,  
             except for directors elected at the formation election.  

          This bill requires directors to take office at noon on the first  
          Friday in December succeeding their election, except for  
          directors elected at a formation election.

           Comments
           
          According to the author's office, allowing MWD directors to take  
          office on the first Friday in December permits newly elected  
          directors to start their term approximately 30 days sooner than  
          under existing law.  The earlier swearing-in date enables MWD to  
          proceed to pressing business with new directors opposed to "lame  
          duck" directors who may not be as focused on the issues or as  

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          receptive to the interests of the voting public.

          This bill brings the timeline for all MWD transitions of power  
          into sync with other California Water Districts.  Once all water  
          district directors in California take office on the same date,  
          the current unfairness in the Water Code will be removed and all  
          voters can be assured of responsive representation from their  
          local Water District.

           Related legislation
           
          AB 17 (Davis, 2012) would have allowed MWDs directors who win  
          elections held before November to take office one month after  
          the election's certification.  AB 17 died on the Senate Floor.

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

           SUPPORT  :   (Verified  5/17/13)

          Three Valleys Municipal Water District (source)
          Association of California Water Agencies
          City of Burbank Department of Water and Power
          California Municipal Utilities Association
          California Special Districts Association
          Calleguas Municipal Water District
          City of Pasadena
          Cucamonga Valley Water District
          Eastern Municipal Water District
          Humboldt Bay Municipal Water District 
          Municipal Water District of Orange County
          Walnut Valley Water District
          Western Municipal Water District
          Yuima Municipal Water District



           ASSEMBLY FLOOR  :  75-0, 4/11/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gorell, Gray, Grove,  
            Hagman, Hall, Roger Hernández, Holden, Jones, Jones-Sawyer,  

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            Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez,  
            Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres,  
            Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,  
            John A. Pérez
          NO VOTE RECORDED:  Donnelly, Gordon, Harkey, Lowenthal, Vacancy


          AB:d  5/21/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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