BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 953                           |Hearing    |4/6/16   |
          |          |                                 |Date:      |         |
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          |Author:   |Lara                             |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/4/16                           |Fiscal:    |Yes      |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                        Central Basin Municipal Water District



          Changes the membership of the Central Basin Municipal Water  
          District's board of directors and imposes restrictions on the  
          district's use of sole source contracts.


           Background 

           The Central Basin Municipal Water District (CBMWD) was  
          established by voters in 1952 to help mitigate groundwater  
          overpumping in southeast Los Angeles County. CBMWD purchases  
          imported water from the Metropolitan Water District of Southern  
          California for sale to retail water suppliers, including cities,  
          other water districts, mutual water companies, investorowned  
          utilities, and private companies within the districts  
          boundaries.  Those water retailers in turn provide water to  
          residents and businesses within their respective service areas.  
          CBMWD serves a population of more than 2 million people living  
          in 24 cities and some unincorporated areas within the district's  
          approximately 227 square mile service area.  The five members of  
          CBMWD's board of directors are each elected by voters residing  
          in one of five divisions within the district's boundaries.  

          An audit report issued in December of 2015 by the Bureau of  
          State Audits identified numerous concerns with various aspects  
          of CBMWD's operations, including deficiencies in the district's  
          contracting practices, a pattern of expenditures that may have  







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          constituted gifts of public funds, and inadequate leadership by  
          the board of directors.  Specifically, the audit report found  
          that:
                 CBMWD often inappropriately circumvented its competitive  
               bidding processes when it awarded contracts to vendors  
               during the period that was audited.  In support of this  
               finding, the audit report noted that the district did not  
               use competitive bidding for 13 of the 20 contracts reviewed  
               by auditors and did not adequately justify why it failed to  
               competitively bid for 11 of those 13 sole source contracts.

                 CBMWD spent thousands of dollars of district money on  
               purposes unrelated to its underlying authority, some of  
               which likely constitute gifts of public funds.  For  
               example, the audit report noted that  CBMWD provided  
               thousands of dollars in community outreach funds to each  
               board member annually, which various board members had the  
               district donate on their behalf to golf tournaments, a  
               legislator's breakfast panel, religious organizations, high  
               school sports programs, pageants, and car shows.

                 The board of director's poor leadership has impeded  
               CBMWD's ability to effectively meet its responsibilities.   
               In support of this finding, the audit report cited the  
               board's failure to provide stability in the district's  
               general manager position, lack of essential policies  
               necessary to safeguard the district's long-term financial  
               viability, inability to maintain the district's insurance  
               coverage, and failure to disclose the district's  
               establishment of a legal trust fund and transfers of money  
               into the trust fund.

          All but one of the more than two dozen recommendations contained  
          in the audit report are the CBMWD's responsibility to implement.  
           However, one recommendation in the audit report is directed to  
          the Legislature.  Specifically, the audit report suggests a  
          change in state law that would preserve the district as an  
          independent entity but modify the district's governance  
          structure to ensure that the district remains accountable to  
          those it serves.


           Proposed Law









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           Senate Bill 953 expands the membership of CBMWD's board of  
          directors from five to seven members.  Five members of the board  
          must be elected to four year terms pursuant to specified  
          provisions of current state law.  Two additional members of the  
          governing board must be appointed to four year terms by the  
          board of supervisors of the County of Los Angeles in a public  
          meeting.  The board of supervisors must consider any nominations  
          of candidates for appointment made by a water retailer that  
          purchases water from the district, if any, and may also consider  
          other qualified candidates for appointment.  Each member of the  
          board of directors appointed by the board of supervisors must  
          possess the following qualifications:
                 Residence within the boundaries of the district.

                 Knowledge of the water industry and familiarity with the  
               role and responsibilities of a municipal water district.

          SB 953 specifies the manner in which the board of supervisors  
          must appoint a member to fill a vacancy if a member of CBMWD's  
          board of directors appointed by the board of supervisors is  
          unable to serve for the duration of his or her term.

          Senate Bill 953 prohibits CBMWD from using sole source contracts  
          unless one of the following conditions is met:
                 The contract is limited to an emergency circumstance.

                 The circumstances are that only one vendor can meet the  
               district's needs.

          SB 953 requires that CBMWD, before executing a sole source  
          contract, must provide written justification, which must include  
          specified information, demonstrating the reasons for not  
          competitively bidding the services.

          SB 953 requires CBMWD to rebid a contract if the district  
          significantly changes the scope of work of the contract.  The  
          bill defines "significant changes" to include changes to the  
          nature of the services or work products.

          SB 953 requires CBMWD's general manager 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.









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          SB 953 prohibits CBMWD from providing any member of its board of  
          directors with district funds to conduct community outreach  
          activities.


           State Revenue Impact

           No estimate.




           Comments

           1.  Purpose of the bill  .  SB 953 amends state laws governing the  
          CBMWD to implement some of the recommendation made in the audit  
          report published by the Bureau of State Audits last year.   
          Specifically, the bill implements the auditor's recommendation  
          for legislation to change the membership of CBMWD's governing  
          board.  By requiring the Los Angeles County Board of Supervisors  
          to appoint two additional members to CBMWD's board, SB 953 seeks  
          to add some independent participants to the CBMWD's policymaking  
          process and make the board more representative and accountable.   
          The changes SB 953 makes to state law will promote public  
          transparency, sound fiscal management, and improved governance  
          at the Central Basin Municipal Water District.

          2.  Independence vs. responsiveness  .  SB 953 adds two new members  
          to CBMWD's governing board and specifies relatively broad  
          qualifications that the appointees must fulfill.  By making the  
          Los Angeles County Board of Supervisors responsible for  
          appointing the two new district board members, the bill ensures  
          that the appointees will bring some independent perspectives to  
          CBMWD's board.  However, placing the appointments in the hands  
          of some county supervisors who don't represent any of the area  
          within CBMWD's boundaries raises questions about whether the  
          appointees will be sufficiently responsive to water purveyors  
          and consumers within the district.  To help to achieve a balance  
          between independence and responsiveness, the bill could require  
          appointees to meet more specific and rigorous qualifications  
          that will ensure that they possess sufficient expertise and  
          familiarity with CBMWD's important responsibilities in the  
          communities that it serves.  For example, the bill could require  
          that appointees have at least five years of prior service with a  








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          retail water provider as either an elected official or manager.

          3.   Not just governance  .  SB 953 goes beyond the auditor's  
          recommendation that state law should change the CBMWD's  
          governance structure to enact several other requirements  
          relating to CBMWD's contracting procedures and a prohibition on  
          board members spending outreach funds.  These other provisions  
          reflect audit recommendations that last year's audit report  
          identified as being the district's responsibility to implement.   
          District officials note that they have already implemented  
          approximately two-thirds of the recommendations made in the  
          audit report.  Among the many recommendations that have already  
          been adopted, the district has improved contract management by  
          adopting stronger procurement policies and has eliminated board  
          director outreach funds.  Although some of SB 953's provisions  
          may not have been suggested as statutory changes by the auditor  
          and may require CBMWD to take actions that it is already in the  
          process of implementing, placing those requirements in state law  
          will provide the public with greater confidence that a future  
          CBMWD governing board could not undo some of the progress that  
          the district has made since the audit's completion.

          4.  Special legislation  .  The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  SB 953 contains findings and declarations explaining the  
          need for legislation that applies only to CBMWD.

          5.   Mandate  .  The California Constitution requires the state to  
          reimburse local governments for the costs of new or expanded  
          state mandated local programs.  Because SB 953 imposes new  
          reporting requirements and other additional duties on CBMWD  
          officials, Legislative Counsel says that it imposes a new state  
          mandate.  SB 953 requires the state to reimburse local agencies  
          if the Commission on State Mandates determines that the bill  
          imposes a reimbursable mandate. 

          6.  Related legislation  .  AB 1794 (Garcia) would alter the  
          membership of CBMWD's board of directors to include seven  
          members, comprised of four directors elected by voters and three  
          directors appointed by water purveyors.  The bill would also  
          require CBMWD to establish a technical advisory committee.  AB  
          1794 is scheduled to be considered by the Assembly Local  
          Government Committee at its April 6, 2016 hearing.









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           Support and  
          Opposition   (3/31/16)


           Support  :  Central Basin Water Association; Cities of Maywood,  
          Lynwood, Montebello, Signal Hill, South Gate, and Vernon.

           Opposition  :  Unknown.



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