BILL ANALYSIS Ó
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 1156 HEARING: 6/26/13
AUTHOR: V. Manuel Perez FISCAL: Yes
VERSION: 5/29/13 TAX LEVY: No
CONSULTANT: Austin
PALO VERDE IRRIGATION DISTRICT'S ELECTIONS
Changes the weighted vote formula for the Palo Verde
Irrigation District's elections to entitle landowners one
vote for every one acre of land owned.
Background and Existing Law
The California Constitution provides that the right to vote
or serve in elected office may not be conditioned on a
landownership qualification (Article I, Section 22).
However, in 1973, the U.S. Supreme Court ruled in Salyer
Land Co. v. Tulare Water District, that the California
statute requiring a landownership qualification did not
violate the Equal Protection Clause of the U.S.
Constitution. The court ruled there was no violation
because those districts don't exercise normal governmental
authority and their activities disproportionally affect
landowners.
California has more than 3,000 special districts. As part
of California's special districts, the 93 irrigation
districts function under a range of statutes that are a
hybrid of registered voter and landowner-voter type
districts. In general, registered voters are eligible to
vote in district elections, but board members must be
landowners of the district.
Historically, the Legislature has recognized landowners'
special concerns for irrigation districts' operations by
creating unique separate statutes that preserve the
landowner requirement to vote in districts that primarily
deliver agricultural water. Some of these districts have
landownership, but not residency requirements. Some
districts, including Palo Verde Irrigation District, Camp
Far West Montague, and Cordua Irrigation Districts use
AB 1156 -- 5/29/13 -- Page 2
weighted votes in their elections, based on the relative
value of land under ownership.
Palo Verde Irrigation District (PVID) was established in
1923, by the Palo Verde Irrigation District Act, a special
act, and is comprised of mostly farmland occupying about
189 square miles of territory in Riverside and Imperial
counties. PVID manages and delivers water to land within
its jurisdiction. PVID is governed by a seven-member board
of trustees elected at large by property owners within the
district.
Current law limits voting rights in PVID to landowners and
establishes a weighted vote system based on the assessed
value of real property, including improvements made by
landowners. The current weighted vote system provides one
vote for each $100 dollars of assessed property, including
improvements, and divides the total assessed value by 100
to determine the number of votes for each landowner.
In 2000, the Legislature deleted the landowner
qualification for board members of irrigation districts
that provide electricity (SB 1939, Alarcón, 2000). In
2006, the Legislature removed the landowner requirement for
irrigation districts that provide 3,000 or more acre-feet
of water to residential customers or that have more than
3,000 customers (AB 159, Salinas, 2006).
Recently, PVID has been identified as a preferred location
of solar development. Concerned about potential inequity
in voting power caused by increased solar energy
development, the Palo Verde Irrigation District would like
to change the weighted vote formula for its elections.
Proposed Law
Assembly Bill 1156 modifies the weighted vote of a
landowner in the Palo Verde Irrigation District.
Specifically, AB 1156:
Deletes provisions in current law which uses the
assessed value of land and improvements to calculate a
landowner's weighted vote.
Entitles each land owner to one vote for every one
acre owned.
Entitles a land owner that owns less than one acre
AB 1156 -- 5/29/13 -- Page 3
of land, but at least one half of an acre, to cast one
vote.
Requires PVID to hold a public hearing about the
changes to the weighted vote system.
Requires PVID to provide public notice by placing
an advertisement in a newspaper of general
circulation, and by first-class mail to each landowner
voter in the district, as specified.
State Revenue Impact
Unknown.
Comments
1. Purpose of the bill . The primary purpose of Palo Verde
Irrigation District is to distribute irrigation water to
farmland and to provide agricultural drainage. PVID users
are billed a flat annual charge of $52.00 per acre. This
charge, plus the average irrigation district assessment,
results in a current total annual water cost of about
$61.00 per acre. In 2011 the United States Department of
Energy and the Interior identified the region encompassing
PVID as a preferred location for solar development. Solar
projects typically utilize a significant amount of land.
Because of the potential increased value of property,
including land and improvements, as a result of a landowner
who invests in solar development, that landowner could have
a disproportionate share of the district's votes. This
bill would ensure that the votes of irrigated landowners
would not be diluted by any potential large solar projects
in the district's service area. According to the author
and sponsor, this measure is preventative since projects
have yet to be developed in PVID. However, the concern is
that current law could create unequal voting power in favor
of landowners who participate in solar development. AB
1156's goal is to prevent an unfair weighted voting system
in the PVID.
2. Unintended consequences ? Palo Verde Irrigation
District appears to be the first irrigation district to
change the weighted formula in this way. The goal of
ensuring fair representation for landowners as implemented
through AB 1156 could favor some and reduce the influence
AB 1156 -- 5/29/13 -- Page 4
of others. Changing the rules of voting in PVID for a
problem that has yet to materialize may cause unforeseen
challenges.
3. All landowners ? Implementing the minimum of one vote,
per acre, including those with a acre or more, could
create new winners and losers. The acre minimum
threshold could prevent some landowners now or in the
future from voting if the acre threshold were in place.
The Committee may wish to consider eliminating the acre
provision and allow all landowners at least one vote.
4. Who pays ? Legislative Counsel says that AB 1156
creates a new state mandated local program. The bill
provides that the State will be responsible for reimbursing
any local costs identified by the Commission on State
Mandates. Because the bill is sponsored by the Palo Verde
Irrigation District and contains provisions suggested by
district officials, the Committee may wish to consider
amending the bill to add the so-called "local-request"
disclaimer, requiring the local government to pay for any
costs associated with mandates imposed by the bill.
5. Related Legislation. Senate Bill 614 is currently
pending in the Assembly and would delete the landowner
qualification in statute for most irrigation district board
members, but does not address the districts that have
unique statutes, like PVID. SB 614 builds upon several
legislative attempts that have sought to limit landowner
qualifications for board directors
Assembly Actions
Assembly Local Government 7-1
Assembly Appropriations 12-5
Assembly Floor 66-8
Support and Opposition (6/20/13)
Support : Palo Verde Irrigation District (Sponsor);
Association of California Water Agencies, Western Growers
Association.
AB 1156 -- 5/29/13 -- Page 5
Opposition : Unknown