Senate BillNo. 946


Introduced by Senator Huff

February 5, 2014


An act to amend Section 4730.65 of the Health and Safety Code, relating to community facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 946, as introduced, Huff. Community facilities: consolidated sanitation district.

Under the Community Facilities Law of 1911, the governing body of a consolidated sanitation district located in Orange County, which has been formed under specified circumstances, is composed of one member of the city council of each city located wholly or partially within the district’s boundaries, as specified, one member of the county board of supervisors, one member of the governing body of each sanitary district, as specified, and one member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage, as specified.

This bill would revise the governing body of a consolidated sanitation district located in Orange County to instead include one member of the city council of each city, except the City of Yorba Linda, as specified, one member of the county board of supervisors, one member of the governing body of each sanitary district, as specified, one member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage, as specified, and one member of the governing body of the Yorba Linda Water District.

This bill would make legislative findings and declarations as to the necessity of a special statute for the consolidated sanitation district in Orange County, the City of Yorba Linda, and the Yorba Linda Water District.

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

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

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SECTION 1.  

Section 4730.65 of the Health and Safety Code
2 is amended to read:

3

4730.65.  

(a)  Notwithstanding Sections 4730, 4730.1 and
44730.2, or any other provision of law, a sanitation district in Orange
5County, that has been created by the consolidation, pursuant to the
6Cortese-Knox-Hertzberg Local Government Reorganization Act
7of 2000 (Division 3 (commencing with Section 56000) of Title 5
8of the Government Code), of one or more sanitation districts,
9originally established pursuant to Section 4730, and one or more
10sanitation districts, originally established pursuant to Section
114730.1, shall be referred to, for purposes of this section only, as a
12consolidated sanitation district and the governing body shall be
13constituted in accordance with subdivision (b).

14(b)  The governing body of the consolidated sanitation district
15shall be a board of directors composed of all of the following:

16(1)  One member of the city council of each city located wholly
17or partially within the district’s boundariesbegin insert, except the City of
18Yorba Linda,end insert
provided, however, a city within the consolidated
19district, the sewered portion of which city lies entirely within
20another sanitary district, shall have no representation on the board.

21(2)  One member of the county board of supervisors.

22(3)  One member of the governing body of each sanitary district,
23the whole or part of which is included in the consolidated sanitation
24district.

25(4)  One member of the governing body of a public agency
26empowered to and engaged in the collection, transportation,
27treatment, or disposal of sewage and which was a member agency
28of a sanitation district consolidated into a consolidated sanitation
29district.

begin insert

30(5) One member of the governing body of the Yorba Linda Water
31District.

end insert

32(c)  The governing body of the county and each city, sanitary
33district, and public agency that is a member agency having a
P3    1representative on the board of directors of the consolidated
2sanitation district, may designate one of its members to act in the
3place of its regular member in his or her absence or his or her
4inability to act.

5(d)  No action shall be taken at any meeting of the consolidated
6district’s board of directors unless a majority of all authorized
7members of the board of directors is in attendance.

8(e)  A majority of the members of the board of directors present
9shall be required to approve or otherwise act on any matter except
10as otherwise required by law.

11

SEC. 2.  

The Legislature finds and declares that a special law
12is necessary and that a general law cannot be made applicable
13within the meaning of Section 16 of Article IV of the California
14Constitution because of the special circumstances surrounding the
15change in composition of the governing body of the consolidated
16sanitation district in Orange County resulting from the transfer of
17sanitation duties from the City of Yorba Linda to the Yorba Linda
18Water District.



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