Senate BillNo. 927


Introduced by Senator Anderson

February 1, 2016


An act to add Section 15961.6 to the Public Utilities Code, relating to the Public Utility District Act, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 927, as introduced, Anderson. Public Utility District Act: election of directors.

The Public Utility District Act authorizes the formation of public utility districts and authorizes a district to acquire, construct, own, operate, or control works for supplying its inhabitants with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the disposition of garbage, sewage, or refuse matter. The act provides for the manner of electing members of the board of directors of a district and generally specifies that, where a district formed and operated pursuant to the act is situated entirely in one county, the directors of the district are elected at large. The act permits directors of any district that is wholly or partially within the County of Placer to be elected at large, by wards, or from wards, as defined.

This bill would permit directors of any district that is wholly or partially within the County of San Diego to be elected at large, by subdistrict, or from subdistricts, as defined. The bill would make legislative findings and declarations regarding the need for special legislation with regard to the County of San Diego.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Section 15961.6 is added to the Public Utilities
2Code
, to read:

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15961.6.  

(a) Notwithstanding any other provision of this
4division, the candidates for director of any district that is wholly
5or partially within the County of San Diego may be elected at
6large, by subdistricts, or from subdistricts upon adoption of a
7resolution or ordinance to that effect by the board of directors of
8the district, subject to approval of the board of supervisors, or as
9a part of a change of organization or a reorganization conducted
10pursuant to the Cortese-Knox-Hertzberg Local Government
11Reorganization Act of 2000 (Division 3 (commencing with Section
1256000) of Title 5 of the Government Code).

13(b) A resolution or ordinance that divides a district into
14subdistricts adopted pursuant to subdivision (a) shall describe the
15boundaries of the subdistricts so that the subdistricts shall be as
16nearly equal in population as may be.

17(c) As used in this section, the following terms have the
18following meanings:

19(1) “By subdistricts” means the election of members of the board
20of directors by voters of the subdistrict alone.

21(2) “From subdistricts” means the election of members of the
22board of directors who are residents of the subdistrict from which
23they are elected by the voters of the entire district.

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SEC. 2.  

The Legislature finds and declares that a special law
25is necessary and that a general law cannot be made applicable
26within the meaning of Section 16 of Article IV of the California
27Constitution because of the need to bring public utility districts in
28the County of San Diego into compliance with the California
29Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
3014025) of Division 14 of the Elections Code)

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SEC. 3.  

This act is an urgency statute necessary for the
32immediate preservation of the public peace, health, or safety within
33the meaning of Article IV of the Constitution and shall go into
34immediate effect. The facts constituting the necessity are:

P3    1In order that election procedures for public utility districts in the
2County of San Diego conform to the California Voting Rights Act
3of 2001 (Chapter 1.5 (commencing with Section 14025) of Division
414 of the Elections Code) as soon as possible, it is necessary for
5this act to take effect immediately.



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