BILL NUMBER: SB 614 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JUNE 4, 2013
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 amended, 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 circumstances in which a director of
the board of an irrigation district may be exempt from the
landownership requirement.
Existing law requires a director on the board of an irrigation
district that provides retail electricity for residents of the
district to be a voter of the district and a resident of the division
that the director represents at the time of his or her nomination or
appointment and during his or her entire term. Existing law requires
a director elected at a formation election to be a resident 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.
This bill would apply these requirements to a director on the
board of an irrigation district that provides water for
agricultural purposes and water for municipal or industrial purposes
receiving a majority of its operating and nonoperating
revenue from sources other than irrigation water sales,
standby or availability charges, service type assessments, and
property assessments, reported as specified .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100 of the Water Code is amended to read:
21100. (a) Each director, except as provided in
subdivisions subdivision (c) or (d) or otherwise
provided in this division, shall be a voter and a landowner in the
district and a resident of the division that he or she represents at
the time of his or her nomination or appointment and through his or
her entire term, except in the case of the director elected at a
formation election. A director elected at a formation election shall
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.
(b) In any district having no more than 15 landowners who are
voters in the district, a person need not be a voter but shall be
qualified to be a director of the district if he or she is a
landowner of the district at the time of his or her nomination or
appointment and during his or her entire term.
(c) In a district that provides retail electricity for residents
of the district, each director, except as otherwise provided in this
division, shall be a voter of the district and a resident of the
division that he or she represents at the time of his or her
nomination or appointment and during his or her entire term, except
in the case of a director elected at a formation election. A director
elected at a formation election shall be a resident 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.
(d) In a district that provides water for agricultural
purposes and water for municipal or industrial purposes
receiving a majority of its operating and nonoperating revenue
from sources other than irrigation water sales, standby or
availability charges, service type assessments, and property
assessments, as reported in the most recent Special Districts Annual
Report issued by the Controller , each director, except as
otherwise provided in this division, shall be a voter of the district
and a resident of the division that he or she represents at the time
of his or her nomination or appointment and during his or her entire
term, except in the case of a director elected at a formation
election. A director elected at a formation election shall be a
resident 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.