BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 951 |Hearing |7/8/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Wilk |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |6/10/15 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Lewis | |: | | ----------------------------------------------------------------- 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 AB 951 (Wilk) 6/10/15 Page 2 of ? 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 AB 951 (Wilk) 6/10/15 Page 3 of ? 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 AB 951 (Wilk) 6/10/15 Page 4 of ? 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. -- END -- AB 951 (Wilk) 6/10/15 Page 5 of ?