BILL ANALYSIS Ó SB 946 Page 1 SENATE THIRD READING SB 946 (Huff) As Amended June 5, 2014 Majority vote SENATE VOTE :37-0 LOCAL GOVERNMENT 8-0 ----------------------------------------------------------------- |Ayes:|Achadjian, Levine, Alejo, | | | | |Bradford, Gordon, | | | | |Melendez, Mullin, Rendon | | | ----------------------------------------------------------------- SUMMARY : Makes changes to the composition of the Orange County Sanitation District (OCSD) board of directors. Specifically, this bill : 1)Modifies the composition of the OCSD board of directors, 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)Clarifies that the composition of the board of directors applies only to OCSD. 3)Finds and declares that a special law is necessary because of the special circumstances surrounding the change in composition of the OCSD governing body 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 a consolidated sanitation district in Orange County, 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 SB 946 Page 2 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 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)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. In 1998, following the passage of AB 769, 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 SB 946 Page 3 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 is 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 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 OCSD board of directors 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)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. 5)Arguments in opposition. None on file. Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916) 319-3958 FN: 0003914 SB 946 Page 4