BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1816|
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                                   THIRD READING 


          Bill No:  AB 1816
          Author:   Dahle (R), et al.
          Amended:  5/24/16 in Senate
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 6/15/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
           NO VOTE RECORDED:  Pavley

           ASSEMBLY FLOOR:  77-0, 5/5/16 - See last page for vote

           SUBJECT:   Tulelake Irrigation District


          SOURCE:    Tulelake Irrigation District


          DIGEST:  This bill allows certain non-residents to serve on the  
          Tulelake Irrigation District Board of Directors.


          ANALYSIS:  


          Existing law:


          1)Establishes the powers, governance structure, and election  
            requirements for irrigation districts.


          2)Requires that each voter of an irrigation district be a  
            resident registered to vote in the district.  










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          3)Requires that each director of an irrigation district be a  
            voter, a landowner in the district, and a resident of the  
            division of the district that he or she represents at the time  
            of nomination or appointment and through the entire term,  
            unless elected at a formation hearing.  


          4)Creates, under the Cortese-Knox-Hertzberg Act, a local agency  
            formation commission (LAFCO) in each county to control the  
            boundaries of cities, county service areas, and most special  
            districts.


          This bill:


          1)Authorizes the Tulelake Irrigation District (TID) board of  
            directors to adopt a resolution that authorizes a person to be  
            a director if the person:


             a)   Is a registered voter in California, 


             b)   Lives within the "residency area," defined as the land  
               within the district's boundaries or within one mile of any  
               boundary, and 


             c)   Owns property within the division or is a property  
               owner's legal representative.


          2)Defines legal representative to mean the person authorized to  
            act on behalf of a corporation that is allowed to own property  
            in California. 


          3)Requires a legal representative to present to the district a  
            copy of his or her authority to represent the corporation  
            prior to declaring candidacy or being appointed to the board.









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          4)Requires that, upon written request by at least 25% of the  
            registered voters in the district, all directors must meet the  
            requirements in current law for directors of irrigation  
            districts.


          Background


          California's 93 irrigation districts function under a collection  
          of statutes known as the Irrigation District Law that describe  
          their governance structure and authority.  In general, these  
          districts are governed by a five-member board of directors, with  
          each member representing a division within the district.  In  
          most cases, registered voters are eligible to vote in district  
          elections, but directors (also referred to as board members)  
          must be voters, landowners, and residents in the division of the  
          district they represent.


          The Legislature has provided specific exemptions from the  
          residency requirement for directors by enacting special  
          legislation for four districts: Pixley Irrigation District,  
          Hills Valley Irrigation District, Stratford Irrigation District,  
          and Byron-Bethany Irrigation District.  The Legislature  
          authorized all of these districts to have non-resident directors  
          in 1994.


          The TID spans 96,000 acres of land in both Modoc and Siskiyou  
          counties, near the Oregon border.  The District was formed in  
          1952 to deliver water to TID lands from U.S. Bureau of  
          Reclamation projects.  In 1957, TID took over operation and  
          maintenance of existing water infrastructure that landowners had  
          already constructed.  TID only provides water services for  
          agricultural purposes and is financed by assessments on  
          landowners, based on the number of acres owned.  TID's governing  
          body is a five-member board of directors, each representing a  
          division of the district.  Currently, TID directors must meet  
          all the criteria required by irrigation district statutes, such  
          as being a resident and landowner in the division that he or she  








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          represents.


          TID currently encompasses about 400 landowners.  However, 158 of  
          them reside outside of the district's boundaries, including 16  
          landowners that reside within one mile of the district's  
          boundaries, along a surrounding ridge.  Because they live  
          outside of the district, these landowners are ineligible to  
          serve on the board.  The TID board of directors wants to expand  
          the pool of candidates that are eligible to sit on the board of  
          directors.


          Comments
          
          1)Purpose of the bill.  Currently, directors of the TID must be  
            residents, landowners, and registered voters in the division  
            that they represent. These stringent requirements, coupled  
            with the unique topography of TID and the surrounding area,  
            have drastically reduced the number of candidates that are  
            eligible to serve on the board.  Specifically, more than one  
            third of the landowners in the district reside outside of the  
            boundaries of the district, making them ineligible.  In one  
            division, there are currently only two potential candidates  
            for a division seat.  AB 1816 allows landowners who reside  
            within one mile of TID's boundaries to sit on the board of  
            directors, expanding the pool of candidates while maintaining  
            a close connection between the directors and the agricultural  
            activities in the district.  These simple changes are  
            consistent with previous efforts to allow more candidates to  
            run for irrigation board seats and promote democratic ideals  
            by ensuring robust electoral competition.

          2)Close, but no cigar.  With rare exceptions, elected officials  
            must reside within the boundaries of the agency that they  
            represent.  Of the 93 irrigation districts in California, only  
            four allow for directors to reside outside the district that  
            they represent. LAFCOs were formed in each county to act as an  
            arm of the Legislature to determine boundaries while  
            considering local conditions.  While the current TID  
            boundaries may limit the pool of candidates, Modoc LAFCO has  
            the ability to expand its boundaries to encompass the  








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            residency area described in AB 1816, or to include any other  
            relevant territory based on local conditions.  For example,  
            the LAFCO might determine that there are more logical changes  
            to TID's boundaries than simply expanding the district one  
            mile in all directions.  Yet TID has not applied to Modoc  
            LAFCO to increase its jurisdiction.  Moreover, all of the  
            other districts that allow directors to reside outside of the  
            district were given that authority prior to the comprehensive  
            changes to local government boundary-setting that the  
            Cortese-Knox-Hertzberg Act enacted.  AB 1816 chips away at the  
            role of LAFCOs, potentially setting an undesired precedent.   
            Is this bill necessary given the option to pursue a boundary  
            change through LAFCO?


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/17/16)


          Tulelake Irrigation District (source)
          Association of California Water Agencies
          Ben DuVal Farms, Inc.
          City of Tulelake
          Frey Farms
          Gold Dust Potato Processors, Inc.
          Jeff and Leslie Boyd Farms
          JW Farming, LLC
          Klamath Water Users Association
          McKoen & Son
          Modoc County Board of Supervisors
          Modoc County Farm Bureau
          Potato Karma
          Seus Family Farms, Inc.
          Siskiyou County Board of Supervisors
          Staunton Farms
          Tally Ho Farms
          WJB, LLC
          One individual farmer









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          OPPOSITION:   (Verified6/17/16)


          None received




          ASSEMBLY FLOOR:  77-0, 5/5/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron,  
            Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Eggman, Beth Gaines, Santiago

          Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
          6/17/16 15:03:50


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