Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1794

Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Rendon)

February 4, 2016

An act to begin delete amend Section 71250 end delete begin insert add Chapter 1.6 (commencing with Section 71265) to Part 3 of Division 20 end insert of the Water Code, relating to municipal water districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1794, as amended, Cristina Garcia. begin delete Municipal water districts: board of directors. end delete begin insert Central Basin Municipal Water District. end insert

Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts’ specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law requires the board of directors of a district to consist of 5 members and each director to be a resident of the division from which the director is elected.

This bill would begin delete make a nonsubstantive change in these provisions. end delete begin insert require the board of directors of the Central Basin Municipal Water District to be composed of 8 directors, until the directors elected at the November 6, 2018, election take office, when the board would be composed of 7 directors, as prescribed. This bill would require the Central Basin Municipal Water District to establish a technical advisory committee composed of 5 water purveyors selected every 2 years, as specified, to meet on a quarterly basis for certain purposes. By imposing new duties on the district, this bill would create a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 1.6 (commencing with Section 71265)
is added to Part 3 of Division 20 of the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 1.6. end insert Central Basin Municipal Water District

 

begin insert 71265. end insert   

For the purposes of this chapter:

(a) “District” means the Central Basin Municipal Water
District.

(b) “Large water purveyor” means one of the top five purveyors
of water as measured by the total purchase of water from the
district for the three prior fiscal years.

begin insert 71266. end insert   

(a) Except as provided in subdivision (b) and
notwithstanding any other provision of this division, the board of
the district shall be composed of seven directors as follows:

(1) Four directors, one director elected for each division
established pursuant to subdivision (c) by the voters of the division.
Each director shall be a resident of the division from which he or
she is elected.

(2) Three directors appointed by the water purveyors of the
district in accordance with Section 71267.

(b) Until the directors elected at the November 6, 2018, election
take office, the board of the district shall be composed of eight
directors as follows:

(1) Five directors in accordance with Section 71250.

(2) Three directors appointed by the water purveyors of the
district pursuant to Section 71267.

(c) The board of the district shall divide the district into four
divisions in a manner as to equalize, as nearly as practicable, the
population in the respective divisions pursuant to Section 71540.

begin insert 71267. end insert   

(a) The executive director of the district shall notify
each water purveyor of the district and provide a 60-day period
during which the district will accept nominations for appointment
of individuals to the board of the district.

(b) Individuals nominated for appointment to the board of
directors shall demonstrate eligibility and relevant technical
expertise.

(c) (1) The three directors appointed by the water purveyors
shall be selected by the water purveyors of the district every four
years as follows:

(A) One director shall be selected by all large water purveyors
from the nominees of large water purveyors. Each large water
purveyor shall have one vote.

(B) One director shall be selected by all cities that are water
purveyors of the district from the nominees of cities. Each city
shall have one vote.

(C) One director shall be selected by all of the water purveyors
of the district from any nominee. The vote of each purveyor shall
be weighted to reflect the number of service connections of that
water purveyor.

(2) Each nominee for director who receives the highest number
of votes cast for each office described in paragraph (1) is appointed
as a director to the board of the district and shall take office in
accordance with Section 71512. The district shall collect the votes
and report the results to the water purveyors. Votes for an
appointed director are public records.

(d) Each appointed director shall live or work within the district.

(e) In order to ensure continuity of knowledge, the directors
appointed at the first purveyor selection shall classify themselves
by lot so that two of them shall hold office until the selection of
their successors at the first succeeding purveyor selection and one
of them shall hold office until the selection of his or her successor
at the second succeeding purveyor selection.

(f) (1) The term of a director appointed pursuant to
subparagraph (A) of paragraph (1) of subdivision (c) is terminated
if the appointed director no longer is employed by or a
representative of a large water purveyor.

(2) The term of a director appointed pursuant to subparagraph
(B) of paragraph (1) of subdivision (c) is terminated if the
appointed director no longer is employed by or a representative
of a city.

(3) The term of a director appointed pursuant to subparagraph
(C) of paragraph (1) of subdivision (c) is terminated if the
appointed director no longer is employed by or a representative
of a water purveyor.

(g) An appointed director shall not do either of the following:

(1) Hold an elected office.

(2) Be a president, vice president, chief financial officer, or
shareholder of a private company that purchases water from the
district.

(h) A vacancy in an office of appointed director shall be filled
in accordance with the selection process described in subdivisions
(a) to (c), inclusive.

begin insert 71268. end insert   

(a) (1) The district shall establish a technical advisory
committee composed of the representatives of five water purveyors
selected before December 31, 2016, and every two years thereafter,
as follows:

(A) One position shall be selected by the large water purveyors
from nominated large water purveyors, each large water purveyor
having one vote.

(B) One position shall be selected by the cities that are water
purveyors of the district from nominated cities, each city having
one vote.

(C) Three positions shall be selected by all water purveyors of
the district from nominated water purveyors with the vote of each
purveyor weighted to reflect the number of service connections of
that water purveyor.

(2) Each nominated water purveyor that receives the highest
number of votes cast for each position described in paragraph (1)
is selected to the position. The district shall collect the votes and
report the results to the water purveyors. Votes for a position on
the technical advisory committee are public records.

(b) In composing the technical advisory committee, a person
and an alternate from each water purveyor selected to a position
pursuant to subdivision (a) shall serve on the technical advisory
committee. A purveyor may change the person or alternate that
serves on the technical advisory committee at any time. Those
selected shall demonstrate eligibility and relevant technical
expertise.

(c) The executive director of the district shall notify each water
purveyor of the district and provide a 60-day period during which
the district will accept nominations to serve on the technical
advisory committee.

(d) (1) To be eligible to serve on the technical advisory
committee, a water purveyor shall not have an individual employed
by or representing that water purveyor on the board of the district.

(2) A water purveyor shall not hold more than one technical
advisory committee seat.

(3) No person selected to represent a water purveyor on the
committee shall be a president, vice president, chief financial
officer, or shareholder of a private company that purchases water
from the district.

begin insert 71269. end insert   

(a) The technical advisory committee shall meet on a
quarterly basis for the following purposes:

(1) To review the district’s budget and projects for the purpose
of providing nonbinding advice to the district’s general manager.

(2) To review and approve proposed changes to the
administrative code relating to ethics, director compensation, and
benefits.

(3) To review and approve proposed changes relating to
procurement.

(b) The board of the district shall not make a change described
in paragraph (2) or (3) of subdivision (a) unless the technical
advisory committee approves the change by majority vote before
the change comes to a vote of the board of the directors.

end insert

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begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin delete

SECTION 1.  

Section 71250 of the Water Code is amended to
read:

71250.  

The board of directors shall consist of five members.
Each director shall be a resident of the division from which he or
she is elected.

end delete