BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: SB 927 Hearing Date: 4/19/16
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|Author: |Anderson |
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|Version: |3/31/16 |
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|Urgency: |Yes |Fiscal: |No |
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|Consultant:|Frances Tibon Estoista |
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Subject: Public Utility District Act: election of directors
DIGEST
This bill permits directors of any public utility district that
is wholly or partially within the County of San Diego to be
elected at-large or by subdistricts.
ANALYSIS
Existing law:
Provides that members of most local governments' legislative
bodies are elected using one of three methods:
An "at-large" election which allows a voter residing
anywhere within the local government's boundaries to vote
for any candidate for the local government's governing
board.
A "by district" election which allows a voter to vote
only for a candidate who runs and resides in the same
geographical district in which the voter resides.
A "from district" election that allows a voter
residing anywhere within a local government's boundaries
to vote for any candidate for a local government's
governing board, but each candidate must run in the
geographical district where he or she resides.
This bill:
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1) Allows the candidates for director of any public utility
district that is wholly or partially within San Diego
County to be elected by subdistricts as follows:
a. 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
b. As a part of a change of organization or a
reorganization conducted pursuant to specified
provisions of state law.
2) Directs that a resolution or ordinance that divides a
district into subdistricts adopted by the district's board
of directors must describe the boundaries of the
subdistricts so that the subdistricts shall be nearly equal
in population.
3) Defines "by subdistricts" as the election of members of
the board of directors by voters of the subdistrict alone.
4) Makes findings and declarations because of the need to
bring public utility districts in San Diego County into
compliance with the California Voting Rights Act of 2001
(CVRA).
BACKGROUND
The Public Utility District Act . The Public Utility District
Act governs California's 53 public utility districts (PUDs).
The Act empowers a PUD to acquire, construct, own, operate,
control, or use works for supplying its inhabitants with light,
water, power, heat, transportation, telephone service, or other
means of communication, or means for disposing of garbage,
sewage, or refuse. The Act requires that the members of the
board of directors of a PUD that lies entirely within one county
must be elected at-large. The Legislature has created two
exceptions to this at-large election requirement:
The Georgetown Divide PUD (El Dorado County) can
provide for electing the district's directors by wards (AB
1410, N. Waters of 1980). Its board is currently elected
at-large.
The board of directors of a PUD located in Placer
County can provide for electing the district's directors
SB 927 (Anderson) Page 3
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by wards or from wards (SB 1393, Senate Local Government
Committee of 1993). The North Tahoe PUD's board is
currently elected by-district.
Fallbrook Public Utility District Lawsuit . The Fallbrook PUD
(FPUD) provides retail water, sewer, and recycled water services
to approximately 35,000 people residing within its boundaries in
northern San Diego County. A lawsuit filed against the district
last year in San Diego County Superior Court alleged that the
district's at-large board elections violated the California
Voting Rights Act by diluting the voting strength of Latino
voters, thereby impairing their ability to participate
meaningfully in the political process and to elect candidates of
their choice (Juan Atilano, Carmen Cardoso, Jesus Hernandez,
Jesus Hernandez Jr., and Jose Huerta v. Fallbrook Public Utility
District). To avoid potentially lengthy and costly litigation,
the parties to the lawsuit negotiated a settlement to resolve
the claims against FPUD. The settlement agreement, which is
enforced by a recent court order, requires FPUD to change from
an at-large method of election to a by-district method of
election. FPUD has already begun implementing the changes
required by the settlement.
COMMENTS
1) According to the author : Under current law, public
utility districts are formed with at-large districts.
Under this format all those within the boundaries of the
public utility district vote for all of the directors of
the district, as opposed to voting for directors that
represent a specific portion of the district. Public
utility districts may wish to modify the formation of their
board to represent specific portions of the district. This
may be done for a number of reasons, including: in response
to a consolidation or annexation, allow for broader
geographic representation on the board, or in response to
concerns over voting rights. Under current law, in order
for a district to move from at-large to district-based
representation, specific legislation is needed.
Over the years, several public utility districts have pursued
special legislation to modify their board structure; those
districts include: Tahoe City PUD (PUC 15961.5), Johnsville PUD
(15974), and Georgetown PUD (1s97s).
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While the above-mentioned public utility districts have been
permitted to modify their board structure, the other public
utility districts in California do not enjoy that authority. As
a result, should a public utility district wish to modify its
Board structure in order to address any concerns with compliance
with the California Voting Rights Act, a district either needs
specific legislation or would need to be taken to court so a
judge can order the district to elect its directors by
geographic area.
Additionally, current law limits the ability of a public utility
district to establish geographic districts in response to a
consolidation or annexation that is approved through a local
LAFCO process. This can result in uncertainties for geographic
representation for the entirety of the expanded district.
This proposed legislation, which would be permissive, would
allow a public utility district, partially or wholly located in
San Diego County, to pass an ordinance or resolution which would
be subject to approval by a county board of supervisors, to
elect directors from a geographic area. Additionally, this
proposal would allow a public utility district, partially or
wholly located in San Diego County, to move to district based
elections as part of a local LAFCO process.
2) CVRA Litigation Line Dance ? Now that the CVRA has been
on the books for over 15 years, it is important to consider
the following questions: 1) With the potential for future
lawsuits, why aren't all public utility districts permitted
to elect their respective board members by subdistricts?
and 2) How many future legislative requests lie ahead for a
similar exemption?
PRIOR ACTION
Senate Governance and Finance Committee: 7-0
POSITIONS
Sponsor: Fallbrook Public Utility District
Support: Association of California Water Agencies
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California Special Districts Association
Mexican American Legal Defense and Educational Fund
San Diego County Water Authority
Oppose: None received
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