[Approved by Governor August 22, 2016. Filed with Secretary of State August 22, 2016.]
SB 927, 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 or by 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.
The people of the State of California do enact as follows:
Section 15961.6 is added to the Public Utilities Code, to read:
(a) Notwithstanding any other provision of this division, the candidates for director of any district that is wholly or partially within the County of San Diego may be elected at large or by subdistricts upon adoption of a resolution or ordinance to that effect by the board of directors of the district, subject to approval of the board of supervisors, or as a part of a change of organization or a reorganization conducted pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).
(b) A resolution or ordinance that divides a district into subdistricts adopted pursuant to subdivision (a) shall describe the boundaries of the subdistricts so that the subdistricts shall be as nearly equal in population as may be.
(c) As used in this section, “by subdistricts” means the election of members of the board of directors by voters of the subdistrict alone.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to bring public utility districts in the County of San Diego into compliance with the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order that election procedures for public utility districts in the County of San Diego conform to the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) as soon as possible, it is necessary for this act to take effect immediately.
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