BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 951                           |Hearing    |7/8/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Wilk                             |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/10/15                          |Fiscal:    |Yes      |
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          |Consultant|Lewis                                                 |
          |:         |                                                      |
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                       Santa Clarita Valley Sanitation District



          Requires regular and special meetings of the Santa Clarita  
          Valley Sanitation District related to a policy decision on total  
          maximum daily load (TMDL) of any pollutant to be held within the  
          boundaries of the territory over which the district exercises  
          jurisdiction.


           Background and Existing Law

           The Ralph M. Brown Act (Brown Act) requires the meetings of  
          local governments' legislative bodies to be "open and public,"  
          thereby ensuring people's access to information so that they may  
          retain control over the public agencies that serve them. In  
          addition, the Brown Act requires local agencies to hold all  
          regular and special meetings within the boundaries of the  
          territory over which they have jurisdiction.  An exception under  
          the Brown Act allows an agency to meet outside of its area of  
          jurisdiction if the agency's principal office is located outside  
          of its territory.

          The Santa Clarita Valley Sanitation District (SCVSD) collects  
          and treats wastewater from Santa Clarita homes and businesses  
          and discharges the resulting treated water into the Santa Clara  
          River. SCVSD is one of 24 independent special districts that  
          make up the Los Angeles County Sanitation Districts (LACSD), a  
          regional public agency organized under the County Sanitation  







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          District Act.  To maximize efficiency and cost effectiveness,  
          the 24 districts work together under a Joint Administration  
          Agreement with one administrative staff headquartered near the  
          City of Whittier, which is approximately 50 miles away from  
          Santa Clarita.

          After regional water control authorities fined SCVSD $225,000  
          for chloride levels above the state-mandated minimum in the  
          agency's treated wastewater, SCVSD prepared a proposed cleanup  
          strategy for public comment in April of 2013.  Among other  
          things, the cleanup plan involved brine disposal by deep well  
          injection.  The extended 90-day public comment period on SCVSD's  
          cleanup plan closed in July of 2013, and SCVSD published a  
          revised plan-including responses to public input and  
          recommendations-in October of that same year.  At a meeting  
          later that month in Santa Clarita, SCVSD's Board of Directors  
          approved the final cleanup plan, including brine disposal by  
          deepwell injection.

          At subsequent public meetings in Santa Clarita on the subject,  
          the proposed brine disposal element of the project generated  
          significant pushback from local residents, who expressed  
          concerns that a deep well injection site could adversely affect  
          their quality of life, cause earthquakes, and harm the  
          community's image.  

          Concerned residents believe SCVSD should be required to make  
          policy decisions related to total maximum daily loads (TMDL) of  
          pollutants in Santa Clarita, rather than at LACSD's headquarters  
          near Whittier, 50 miles away.  They want the Legislature to  
          eliminate the exception to the Brown Act that allows SCVSD to  
          meet outside of the area over which it has jurisdiction.

                                     Proposed Law

           Assembly Bill 951 requires the Santa Clarita Valley Sanitation  
          District (SCVSD) to hold regular and special meetings within the  
          boundaries of the territory over which the agency exercises  
          jurisdiction, where such meetings involve policy decisions  
          related to a total maximum daily load (TMDL) of any pollutant.

          Specifically, the bill directs that the statute allowing a local  
          agency's legislative body to meet at the principal office of the  
          local agency even if the office is located outside of the  








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          agency's territory does not apply to SCVSD.

          AB 951 makes findings and declarations that the bill would  
          further the purpose of Section 3 of Article I of the California  
          Constitution, since it requires SCVSD to meet in Santa Clarita  
          instead of at the principal office of the district, which is  
          over fifty miles away.


           State Revenue Impact

           No estimate.


           Comments

            1. Purpose of the bill.   Continuing to allow the Santa Clarita  
          Valley Sanitation District to meet in Whittier when making  
          policy decisions relating to pollutant levels makes public  
          testimony and access to information a burden for residents  
          living 50 miles away in the Santa Clarita area.  By removing the  
          Brown Act exception that allows SCVSD to hold meetings on these  
          matters in Whittier instead of the Santa Clarita area, AB 951  
          makes the agency's meetings more accessible to residents and  
          ratepayers, thereby forcing SCVSD to be more transparent and  
          accountable to the public.  

           2. Water under the bridge?  AB 951 requires SCVSD to meet within  
          the agency's area of jurisdiction to encourage transparency and  
          public participation.  However, information published online and  
          provided by SCVSD suggests that the public input process was  
          effective in the case of the proposed deep well injection site.   
          Constituents communicated their concerns to SCVSD, which then  
          abandoned the proposed brine well in response to strong public  
          opposition.  The substantial public input provided to SCVSD and  
          its response makes it unclear whether it is necessary to require  
          SCVSD to relocate its meetings.

           3. Brown Act precedent.  The Brown Act currently requires regular  
          and special meetings of a legislative body to be held within the  
          boundaries of the territory over which the local agency  
          exercises jurisdiction, except that the local agency may meet at  
          its principal office if that office is located outside the  
          territory over which the agency exercises jurisdiction.  This  








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          bill effectively amends the Brown Act to require a single  
          agency, the SCVSD, to hold its regular and special meetings in a  
          single, specified location.  The Brown Act does not otherwise  
          specify meeting locations for a particular entity.  Creating a  
          district-specific exemption may set a precedent that invites  
          further amendments to the Brown Act.

           4.Special legislation  . The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  AB 951 contains findings and declarations explaining the  
          need for legislation that applies only to the Santa Clarita  
          Valley Sanitation District.

           5. Mandate  . Because AB 951 sets forth where SCVSD can hold its  
          meetings, the Legislative Counsel's Office says that AB 951  
          creates a new state-mandated local program.  But this bill  
          disclaims the state's responsibility for reimbursing the Santa  
          Clarita Valley Sanitation District for this new requirement,  
          since California voters amended the State Constitution in 2012  
          (Proposition 42) to eliminate the state's responsibility to pay  
          local governments for compliance with the Brown Act and its  
          amendments.  


          Assembly Actions

           Assembly Local Government                    9-0
          Assembly Appropriations                      17-0
          Assembly Floor                               77-0

           Support and  
          Opposition   (7/2/15)


           Support  :  Unknown.


           Opposition  :  Unknown.



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