BILL ANALYSIS �
AB 408
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Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 408 (Bonta) - As Amended: April 15, 2013
SUBJECT : Municipal utility districts: elections.
SUMMARY : Establishes appointment procedures for a municipal
utility district (MUD) that has a seven-member board of
directors, if no one or only one candidate files a declaration
of candidacy, to fill the office of district director in a
particular ward. Specifically, this bill :
1)Provides that if no one or only one candidate files a
declaration of candidacy, for a ward on a MUD with a
seven-member board, by the 83rd day prior to the election, the
county elections official is required to submit a certificate
of facts to the district board informing them that they may,
at a regular or special meeting of the board, held on or
before the 76th day prior to the election, adopt one of the
following courses of action:
a) If one candidate has filed, appoint the sole candidate
to the office;
b) If no one has filed as a candidate, appoint a person who
would be qualified on the date the election would have been
held; or,
c) If no one or only one candidate has filed, hold an
election.
2)Provides that if the board makes an appointment to the office,
the elections official shall not accept for filing any
statement of write-in candidacy that is submitted after the
appointment is made. Provides that the person appointed, if
any, shall qualify and take office and serve exactly as
elected for the office.
3)Provides that if by the 76th day prior to the day of the
election, the district board has not appointed the sole
candidate to the office, and has not adopted a process to
appoint, or appointed, a qualified individual to the office,
then an election will be held.
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4)Permits a district board to adopt a process to appoint a
qualified person to the office when it is discovered that no
one has filed a declaration of candidacy for the office.
Provides that upon adoption of this process, the district
board is required to appoint a qualified person to the office
no later than the day fixed for the election.
5)Makes the provisions of this bill effective for all district
elections held on or after January 1, 2014.
6)Provides that no reimbursement is required because the local
agency is requesting the authority established by the bill.
EXISTING LAW :
1)Establishes the Municipal Utility District Act.
2)Establishes a board of five directors for each district
created pursuant to the Municipal Utility District Act, one
from each ward, elected at large for a term of four years and
who is a resident of the ward that he or she represents.
3)Requires elections for directors of a MUD, after the formation
election, to be consolidated with the general election.
4)Requires each candidate for a seat on a MUD board to file a
declaration of candidacy at least 88 days prior to an
election.
5)Requires the county clerk to certify the names of all
candidates for seats on a MUD board at least 76 days prior to
the date of the election to determine which names to place on
the ballot.
6)Increases the size of the MUD board from five to seven members
for any district formed prior to January 1, 1974, with a
population of 1,000,000 or more on that date. The East Bay
Municipal Utility District (EBMUD) is the only district that
meets these criteria.
7)Requires candidates for district director to be elected by
ward for EBMUD and for any district that has owned and
operated an electric distribution system for at least eight
years and which has a population of 250,000 or more.
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FISCAL EFFECT : Unknown. State-mandated local program; contains
a local request disclaimer.
COMMENTS :
1)Purpose of the Bill : According to the author:
AB 408 protects the ratepayers of the East Bay Municipal
Utility District (EBMUD) by providing EBMUD with the same
ability that other local governments already have to use an
appointment process for uncontested candidates rather than
bearing the cost burden of an election. Most local
governmental entities, including cities, regional park
districts, school districts, and enterprise and
non-enterprise special districts, have the ability to use
an appointment process in lieu of an election when
candidates are unopposed. However, EBMUD does not have the
same ability, as current law does not include provisions
authorizing appointment of uncontested candidates to the
board of a municipal utility district.
The bill is particularly critical at this time as election
costs have risen appreciably over the years, becoming
overly burdensome. EBMUD's ratepayers paid $475,000 in
election costs for three uncontested board seats in 2012.
Since 2002, EBMUD's ratepayers have paid over $1.7 million
in election costs for uncontested board seats.
A change in statute (Section 11852.5 of the Public
Utilities Code) is needed to allow EBMUD to appoint when
seats are uncontested. This will save EBMUD's ratepayers
the cost of proceeding with an election when the seats are
uncontested.
AB 408 would provide EBMUD with the same authority other
local government entities already have to use an
appointment process for uncontested seats. Specifically,
the bill will amend the EBMUD's enabling act, the MUD Act,
to allow EBMUD to appoint uncontested candidates to office.
AB 408 also applies to the Sacramento Municipal Utility
District. (The text of the bill is fashioned after Section
10229 of the Elections Code, which applies to cities).
2)Double-Referral : On April 17, 2013, this bill was approved by
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the Assembly Local Government Committee on a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
East Bay Municipal Utility District (Sponsor)
California Association of Sanitation Agencies
Sacramento Municipal Utility District
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094