BILL ANALYSIS Ó
SB 946
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Date of Hearing: June 4, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 946 (Huff) - As Introduced: February 5, 2014
SENATE VOTE : 37-0
SUBJECT : Community facilities: consolidated sanitation
district.
SUMMARY : Makes changes to the composition of the board of
directors of a consolidated sanitation district in Orange
County. Specifically, this bill :
1)Modifies the composition of the board of directors of a
consolidated sanitation district in Orange County, by removing
the current representation of the one member from the Yorba
Linda city-council and instead adding representation for one
member of the Yorba Linda Water District's governing board.
2)Finds and declares that a special law is necessary because of
the special circumstances surrounding the change in
composition of the governing body of the consolidated
sanitation district in Orange County resulting from the
transfer of sanitation duties from the City of Yorba Linda to
the Yorba Linda Water District.
EXISTING LAW :
1)Requires the governing body of the Orange County consolidated
sanitation district, as specified, to be a board of directors
composed of all of the following:
a) One member of the city council of each city located
wholly or partially within the district's boundaries,
however, a city within the consolidated district, the
sewered portion of which city lies entirely within another
sanitary district, shall have no representation on the
board;
b) One member of the county board of supervisors;
c) One member of the governing board of each sanitary
district, the whole or part of which is included in the
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consolidated sanitation district; and,
d) One member of the governing body of a public agency
empowered to and engaged in the collection, transportation,
treatment, or disposal of sewage and which was a member
agency of a sanitation district consolidated into a
consolidated sanitation district.
2)Allows the governing body of the county and each city,
sanitary district, and public agency that is a member agency
having a representative on the board of directors of the
consolidated sanitation district to designate one of its
members to act in the place of its regular member in his or
her absence or his or her inability to act.
3)Prohibits any action from being taken at any board of
directors meeting unless a majority of all authorized members
of the board are in attendance.
FISCAL EFFECT : None
COMMENTS :
1)Orange County Sanitation District (OCSD) . AB 769 (Baugh),
Chapter 51, Statutes of 1997, established the composition of a
governing board of a sanitation district created by
consolidation in Orange County. Supporters of AB 769 argued
for a specific governance structure for OCSD to ensure equal
and fair representation of all municipalities and water and
sanitary districts within the consolidated sanitary district's
boundaries. Following the passage of AB 769, in 1998, nine
sanitation districts in Orange County consolidated into a
single agency, known as OCSD.
According to OCSD, they are responsible for safely collecting,
treating and disposing of the wastewater generated by 2.5
million people living in a 479-square-mile area of central and
northwest Orange County. The stated purpose of OCSD's
wastewater management program is to protect the public's
health, preserve the beneficial uses of the coastal waters,
and maintain air quality. The stated objective of operating
the treatment plants are to process and dispose of the treated
wastewater and the separated solids in accordance with
federal, state, and local laws.
OCSD is currently governed by a 25-member board of directors
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comprised of one county supervisor, 20 city council members,
three sanitary district members, and one water district
member.
2)Purpose of this bill . This bill makes changes to the
composition of the board of directors of a consolidated
sanitation agency in Orange County to remove one member, a
Yorba Linda city-council representative, and add one member, a
Yorba Linda Water District representative.
3)Author's statement . According to the author, "The OCSD Board
of Directors is comprised of 25 members, representing
municipalities, water and wastewater agencies throughout North
and Central Orange County. The City of Yorba Linda held a
seat on the OCSD Board of Directors to represent ratepayers
within the City of Yorba Linda. However, in 2010 the City of
Yorba Linda transferred sewer service and responsibility to
the Yorba Linda Water District through a formal agreement. In
addition to transferring service and responsibility to the
Yorba Linda Water District, the City also agreed to relinquish
the OCSD Board seat to the Water District. By mutual
agreement of all parties involved including the OCSD, the City
of Yorba Linda and the Yorba Linda Water District, OCSD seeks
to substitute the Board seat held by the City of Yorba Linda
to allow representation for the residents of Yorba Linda by
the Yorba Linda Water District."
4)Committee amendments . The Committee may wish to ask the
author to accept an amendment to clarify that the governance
structure established in current law that this bill is seeking
to amend only applies to OCSD. When AB 769 was signed into
law, the Orange County Local Agency Formation Commission had
not consolidated the nine sanitary districts. However, now
that OCSD is one consolidated district, the Committee may wish
to encourage the author to update existing law to reflect
that.
5)Arguments in support . Supporters argue that this bill
reflects a local agreement and provides an appropriate
solution to a governance issue created by the transfer of
local sewer services.
6)Arguments in opposition . None on file.
REGISTERED SUPPORT / OPPOSITION :
SB 946
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Support
Association of California Cities - Orange County
City of Yorba Linda
Orange County Sanitation District
Yorba Linda Water District
Opposition
None on file
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958