SB 953, as introduced, Lara. Central Basin Municipal Water District.
Existing law, the Municipal Water District Law of 1911, authorizes the formation of a municipal water district to acquire and sell water. The district law authorizes a municipal water district to make contracts.
This bill would prohibit the Central Basin Municipal Water District from using sole source contracts, except as prescribed. This bill would require the district to rebid a contract if the district significantly changes the scope of work of the contract. This bill would require the general manager of the district to submit a quarterly report to the district’s board detailing all of the district’s contracts, contract amendments, and contract and amendment dollar amounts. By imposing new duties on a municipal water district, this bill would impose a state-mandated local program.
The district law requires the board of directors of a municipal water district to consist of 5 members and each member is required to be a resident of the division from which he or she is elected.
This bill would require the board of directors of the Central Basin Municipal Water District to consist of 7 members, 5 members elected and 2 members with certain qualifications appointed by the board of supervisors of the County of Los Angeles, as prescribed. This bill would prohibit the Central Basin Municipal Water District from providing any member of its board of directors with district funds to conduct community outreach activities.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Central Basin Municipal Water District.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Article 2 (commencing with Section 71730) is
2added to Chapter 5 of Part 5 of Division 20 of the Water Code, to
3read:
4
(a) For the purposes of this article, “district” means
8the Central Basin Municipal Water District.
9(b) It is the intent of the Legislature in enacting this article that
10the district make better use of the funds it spends on services, that
11it does not unnecessarily use amendments that limit competitive
12bidding for its contracts, and that its contract amendments reflect
13the authorization of the district’s board.
(a) The district shall not use sole source contracts unless
15one of the following conditions is met:
16(1) The contract is limited to an emergency circumstance.
17(2) The circumstances are that only one vendor can meet the
18district’s needs.
19(b) Before executing a sole source contract, the district shall
20provide written justification demonstrating the reasons for not
21competitively bidding the services. The justification shall include
22all of the following information:
23(1) The background of the purchase.
P3 1(2) A description of the vendor’s uniqueness.
2(3) An explanation of the consequences of not purchasing from
3the vendor.
4(4) Market research to substantiate a lack of competition.
5(5) An analysis of pricing and alternatives.
The district shall rebid a contract if the district
7significantly changes the scope of work of the contract. Significant
8changes include, but are not limited to, changes to the nature of
9the services or work products.
The general manager of the district shall submit a
11quarterly report to the district’s board detailing all of the district’s
12contracts, contract amendments, and contract and amendment
13dollar amounts.
Part 11.6 (commencing with Section 72770) is added
15to Division 20 of the Water Code, to read:
16
For the purposes of this part, “district” means the
21Central Basin Municipal Water District.
Notwithstanding any other provision of this division,
23the board of directors of the district shall consist of seven members
24who shall each serve four-year terms. The members of the board
25of directors shall be selected as follows:
26(a) Five members of the board of directors shall be elected in
27accordance with Part 3 (commencing with Section 71250) and Part
284 (commencing with Section 71450). Members of the board of
29directors of the district who were elected on or before January 1,
302018, shall continue to serve their term as provided in Section
3171252.
32(b) (1) Two members of the board of directors shall be
33appointed by the board of supervisors of the County of Los Angeles
34in a public
meeting. The board of supervisors shall consider any
35nominations of candidates for appointment made by a water retailer
36that purchases water from the district, if any, and may also consider
37other qualified candidates for appointment. Each member of the
38board of directors appointed pursuant to this subdivision shall
39possess the following qualifications:
40(A) Residence within the boundaries of the district.
P4 1(B) Knowledge of the water industry and familiarity with the
2role and responsibilities of a municipal water district.
3(2) If a member of the board of directors appointed pursuant to
4this subdivision is unable to serve for the duration of his or her
5term, the board of supervisors shall appoint a member to fill that
6vacancy in the same manner specified in paragraph (1).
The district shall not provide any member of its board
8of directors with district funds to conduct community outreach
9activities.
The Legislature finds and declares that a special law
11is necessary and that a general law cannot be made applicable
12within the meaning of Section 16 of Article IV of the California
13Constitution because of the unique circumstances of the Central
14Basin Municipal Water District as described in the California State
15Auditor’s December 3, 2015, report number 2015-102.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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