BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1077


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1077 (Holden)


          As Amended  August 31, 2015


          Majority vote


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          |ASSEMBLY:  | 75-0 |(May 22, 2015) |SENATE: | 40-0 |(September 2,    |
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          Original Committee Reference:  L. GOV.




          SUMMARY:  Makes a number of changes to the Mutual Water Company  
          Open Meeting Act.  


          The Senate amendments are technical and clarifying.




          AS PASSED BY THE ASSEMBLY, this bill:  


          1)Revised and recast the Mutual Water Company Open Meeting Act  
            (Act) as follows:










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             a)   Required a Board of Directors (Board) of a mutual water  
               company to allow an eligible person to personally attend a  
               meeting of the Board, if the eligible person gave the Board  
               at least 24 hours advance written notice of his or her  
               intent to personally attend the meeting;


             b)   Allowed the Board to use teleconferencing for the  
               benefit of any eligible person denied attendance at a  
               meeting of the Board for failure to provide the notice  
               specified above, or because the number of eligible persons  
               having already provided notice of attendance exceeds the  
               room capacity of the place of the meeting described in the  
               notice of the meeting; 


             c)   Required a teleconferenced meeting or proceeding to  
               comply with the Act and all other applicable provisions of  
               law relating to a specific type of meeting or proceeding  
               conducted by a mutual water company;  


             d)   Required, if the Board uses teleconferencing, the Board  
               to provide to an eligible person attending a meeting by  
               teleconference, before the meeting begins, an electronic  
               copy or photocopy of all documents not related to an  
               executive session to be discussed at the meeting; 


             e)   Prohibited a mutual water company Board from prohibiting  
               an eligible person from attending a meeting of the Board  
               either in person or by technology, as specified;


             f)   Defined "teleconference" to mean, to the extent it is  
               technologically feasible, any electronic means, that  
               includes either audio or video or both, that allows an  
               eligible person to hear a meeting and verbally interact  
               with the Board, including, but not limited to, a telephone,  
               cellular telephone with speaker phone technology, or  
               computer, or a device using internet-based video or audio  
               conference technology;








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             g)   Required a Board to only meet in executive session  
               during a meeting, and makes conforming changes;


             h)   Specified that a Board may prohibit an eligible person  
               from attending an executive session to consider pending or  
               potential litigation, or matters relating to the potential  
               acquisition of real property or water rights;


             i)   Specified that an eligible person shall be entitled to  
               attend a teleconferenced meeting with or without fulfilling  
               the notice requirements specified in a) above; and,


             j)   Specified that a Board shall not discuss or take action  
               on any item at a nonemergency meeting unless the item was  
               placed on the agenda included in the notice of the meeting  
               that was posted and distributed pursuant to the Act.


          2)Made additional clarifying and technical changes.


          3)Made a number of findings and declarations regarding mutual  
            water companies.


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary.  This bill makes numerous changes to the Act,  
            the major provisions of which are as follows:


             a)   Allows a mutual water company Board to use  
               teleconferencing to provide any eligible person access to a  








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               Board meeting who otherwise would be denied attendance in  
               person because the person failed to provide 24 hours  
               advance written notice, or because the number of eligible  
               persons who provided notice of attendance exceeds the room  
               capacity of the meeting; 


             b)   Requires a Board to provide an eligible person attending  
               a meeting by teleconference an electronic copy or photocopy  
               of all documents to be discussed at the meeting (excluding  
               documents related to an executive session) before the  
               meeting begins; 


             c)   Requires a Board to meet in executive session only  
               during a meeting (removes the ability of a Board to meet in  
               executive session only, separate from of a meeting that  
               eligible persons may attend);


             d)   Specifies that a Board may prohibit an eligible person  
               from attending an executive session where matters relating  
               to the potential acquisition of real property or water  
               rights will be discussed; and,


             e)   Specifies that an eligible person shall be allowed to  
               access a Board meeting via teleconference with or without  
               fulfilling the 24-hour notice requirements of the Act.


            This bill is sponsored by the author.


          2)Author's Statement.  According to the author, "The existing  
            Mutual Water Company Open Meetings Act permits water company  
            shareholders and their tenants to attend meetings after  
            providing notice.  However, in the two years since the passage  
            of AB 240 some water companies have struggled to comply with  
            the Act.  Greater interest in attending these public meetings  
            has burdened mutual water companies small staffs, exceeded the  
            capacity of some meeting facilities, and, in some cases, the  








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            water company's service territory is too large and remote for  
            all shareholders to conveniently attend meetings.


            "Assembly Bill 1077 will provide mutual water companies the  
            ability to use teleconferencing tools, currently provided to  
            local agencies, to provide better access to meetings.  Whether  
            a meeting is inaccessible to a shareholder because of distance  
            or capacity of the mutual water companies facilities,  
            teleconferencing will enable all shareholders to have their  
            voice heard and provide enhanced opportunities for consumer  
            participation in these companies operations."


          3)Background.  Public water systems that deliver domestic water  
            generally fall into three categories:


             a)   Local agencies (cities and special districts).  Local  
               Agency Formation Commissions (LAFCOs) control the cities  
               and special districts' boundaries and local officials are  
               responsible to their voters for their water rates;


             b)   Investor-owned public utilities.  The California Public  
               Utilities Commission (PUC) controls the companies' service  
               areas and their water rates; or,


             c)   Mutual water companies.  These private entities, formed  
               under statutes governing corporations, respond to their  
               shareholders, usually the landowners who receive water  
               service.  Neither LAFCOs nor the PUC regulate mutual water  
               companies.


            The State Department of Public Health and some county health  
            departments monitor the quality of drinking water delivered to  
            most households, regardless of the type of public water system  
            that delivers the water.










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            Most mutual water companies are organized pursuant to the  
            General Corporation Law or the Nonprofit Mutual Benefit  
            Corporation Law.  Shareholders in a mutual water company hold  
            a right to purchase water from the company.  Stock in a  
            company is usually linked to the ownership of a parcel served  
            by the company and transfers with the land when the parcel is  
            sold to successive owners.  This type of corporate structure  
            allows landowners to establish, essentially, a customer-owned  
            water provider to serve their properties.


            Governance of a mutual water company is generally limited to  
            shareholders, or members, of the company.  While the details  
            of any particular company's governing structure are determined  
            by its articles and bylaws, most mutual water companies allow  
            only shareholders and members to vote on organizational  
            matters and serve on the company's governing board.


          4)Recent Legislative History.  In response to concerns that some  
            mutual water companies lacked capital to pay for needed water  
            quality improvements and the managerial capacity to operate  
            successful public water systems, the Legislature passed AB 54  
            (Solorio), Chapter 512, Statutes of 2011.  AB 54 established  
            training requirements for mutual water company's board members  
            regarding the duties of board members, made mutual water  
            companies liable for specified fines and penalties for  
            violating the California Safe Drinking Water Act, and expanded  
            LAFCOs' authority to review matters related to mutual water  
            companies.


            More recently, AB 240 (Rendon), Chapter 633, Statutes of 2013,  
            increased transparency requirements for mutual water companies  
            by establishing the Act.  AB 240 also allowed mutual water  
            companies to impose liens to collect unpaid charges.  While  
            the requirements of AB 240 opened the meetings of mutual water  
            companies to "eligible persons," these requirements are far  
            more limited than the requirements of the Brown Act.


          5)Related Legislation.  AB 656 (Cristina Garcia) of the current  








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            legislative session, allows a mutual water company and a  
            public agency to form a joint powers authority (JPA) for the  
            purpose of risk-pooling, as specified.


            AB 617 (Perea) of the current legislative session, pending in  
            the Senate, modifies portions of last year's Sustainable  
            Groundwater Management Act, including, among other things,  
            provisions that allow mutual water companies to join  
            Groundwater Sustainability Agencies formed by one or more  
            public agencies pursuant to a JPA, and to exercise all of the  
            Groundwater Sustainability Agencies powers provided by the  
            Sustainable Groundwater Management Act.


          6)Arguments in Support.  Sierra Club California, in support,  
            states, "Despite the Open Meeting Act, mutual water companies  
            are continuing to find ways to prevent citizens from attending  
            meetings.  To counter this, AB 1077 expands the open meeting  
            requirements for mutual water companies in simple ways, like  
            webcasts.  This is a non-burdensome way to ensure that people  
            can see the discussions surrounding items such as the rates  
            they pay for water."


          7)Arguments in Opposition.  Rubio Canon Mutual Water Company, in  
            opposition, states, "(AB 1077) imposes on privately-held  
            companies requirements that no other private corporations in  
            California must face (to with: potentially allowing  
            non-shareholders and non-eligible persons to remotely attend  
            private Board meetings)... and will burden small water  
            companies with more regulation, expense and legal exposure for  
            no apparent reason."


          Analysis Prepared by:                                             
                          Angela Mapp / L. GOV. / (916) 319-3958  FN:  
          0001906












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