Senate BillNo. 614


Introduced by Senator Wolk

February 22, 2013


An act to amend Section 21100 of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 614, as introduced, Wolk. Irrigation districts: directors.

Existing law, the Irrigation District Law, with certain exceptions, requires a director elected at a formation election to be a resident, landowner, and voter in the proposed district at the time of his or her nomination and a resident of the division that he or she represents during his or her entire term. Existing law, with certain exceptions, requires a director of the board of an irrigation district to be a voter and, unless exempted under certain circumstances, a landowner in the district and a resident of the division that the director represents at the time of his or her nomination or appointment and during the director’s entire term.

This bill would eliminate the landownership requirement pertaining to a director of the board of an irrigation district.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 21100 of the Water Code is amended to
2read:

3

21100.  

(a) Each director, except as otherwise provided in this
4division, shall be a voterbegin delete and a landownerend delete in the district and a
5resident of the division that he or she represents at the time of his
6or her nomination or appointment and through his or her entire
7term, except in the case of the director elected at a formation
P2    1election. A director elected at a formation election shall be a
2residentbegin delete, landowner,end delete and voter in the proposed district at the time
3of his or her nomination and a resident of the division that he or
4she represents during his or her entire term.

5(b) In any district having no more than 15 landowners who are
6voters in the district, a person need not be a voter but shall be
7qualified to be a director of the district if he or she is a landowner
8of the district at the time of his or her nomination or appointment
9and during his or her entire term.

10(c) In a district providing retail electricity for residents of the
11district, each director, except as otherwise provided in this division,
12shall be a voter of the district and a resident of the division that he
13or she represents at the time of his or her nomination or
14appointment and during his or her entire term, except in the case
15of a director elected at a formation election. A director elected at
16a formation election shall be a resident in the proposed district at
17the time of his or her nomination and a resident of the division that
18he or she represents during his or her entire term.

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19(d) (1) Notwithstanding subdivision (a) of Section 21100, except
20as provided in paragraph (2), for the purpose of meeting the
21requirements of that subdivision, a person need not be a landowner
22within the district to be qualified to be a director of the district if
23either of the following applies:

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24(A) The person serves or seeks to serve on the board of directors
25of a district without divisions and the district is required to submit
26an urban water management plan pursuant to the Urban Water
27Management Planning Act (Part 2.6 (commencing with Section
2810610) of Division 6).

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29(B) The person serves or seeks to serve on the board of directors
30of a district with divisions, the district is required to submit an
31urban water management plan pursuant to the Urban Water
32Management Planning Act (Part 2.6 (commencing with Section
3310610) of Division 6), and the district, within the division that the
34person represents or seeks to represent, supplies water as a public
35water system subject to Chapter 4 (commencing with Section
36116270) of Part 12 of Division 104 of the Health and Safety Code.

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37(2) A director appointed or elected before January 1, 2007, shall
38be subject to the qualification requirements imposed by subdivision
39(a) until the expiration of his or her term.

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