BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 29, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          953 (Lara) - As Introduced February 4, 2016


          SENATE VOTE:  26-11


          SUBJECT:  Central Basin Municipal Water District.


          SUMMARY:  Makes changes to the composition of the Central Basin  
          Municipal Water District's (District) Board of Directors (Board)  
          and establishes restrictions on the District's use of sole  
          source contracting.  Specifically, this bill:  


          1)Requires the Board to consist of seven members to each serve  
            four-year terms.  Requires the members of the Board to be  
            selected as follows:


             a)   Five (5) directors elected in accordance with the  
               Municipal Water District Law, which requires each of the  
               five directors to be a resident from the division from  
               which they are elected.  Requires the directors elected on  
               or before January 1, 2018, to continue to serve their term,  
               pursuant to existing law.  


             b)   Two (2) directors appointed by the Los Angeles County  








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               Board of Supervisors (Board of Supervisors) in a public  
               meeting.  Requires the Board of Supervisors to consider any  
               nominations of candidates for appointment made by a water  
               retailer that purchases water from the District, if any,  
               and allows the Board of Supervisors to also consider other  
               qualified candidates for appointment.  


          2)Requires each appointed director to possess the following  
            qualifications:


             a)   Residence within the District's boundaries; and,


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


          3)Requires the Board of Supervisors to appoint a director to  
            fill a vacancy of any appointed director who is unable to  
            serve for the duration of his or her term, pursuant to 1b),  
            above.  


          4)Prohibits the District from using sole source contracts,  
            unless one of the following conditions is met:


             a)   The contract is limited to an emergency circumstance;  
               or,


             b)   The circumstances are that only one vender can meet the  
               District's needs.  


          5)Requires the District, before executing a sole source  
            contract, to provide written justification demonstrating the  








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            reasons for not competitively bidding the services.  Requires  
            the justification to include all of the following information:


             a)   The background of the purchase;


             b)   A description of the vendor's uniqueness;


             c)   An explanation of the consequences of not purchasing  
               from the vendor;


             d)   Market research to substantiate a lack of competition;  
               and, 


             e)   An analysis of pricing and alternatives.  


          6)Requires the District to rebid a contract if the District  
            significantly changes the scope of work of the contract.   
            Provides that significant changes include, but are not limited  
            to, changes to the nature of the services or work products.  


          7)Requires the District'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.  


          8)Prohibits the District from providing any members of the Board  
            with District funds to conduct community outreach activities.   



          9)Finds and declares that a special law is necessary because of  








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            the unique circumstances with the District, as described in  
            the California State Auditor's December 3, 2015 report.  


          10)Provides that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state,  
            reimbursement to local agencies and school districts for those  
            costs shall be made, pursuant to current law governing state  
            mandated local costs.  


          EXISTING LAW:   


          1)Establishes the Municipal Water District Law, which governs  
            the formation, internal organization, and elections for  
            municipal water districts.   



          2)Requires a municipal water district board of directors to  
            consist of five members elected by the voters in each of the  
            five divisions of the district.  Requires that each director  
            elected is a resident of that division.  



          3)Requires directors to be elected at general district  
            elections, which means the election of directors held in each  
            even-numbered year at the time of the general election.  


          4)Authorizes a municipal water district to contract with other  
            public agencies, private corporations, or persons to finance  
            acquisitions, constructions, and operations for the purpose of  
            carrying out any of the powers of a district.  


          FISCAL EFFECT:  According to the Senate Appropriations  








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          Committee, this bill contains unknown local costs, some of which  
          may be reimbursable by the state General Fund.  Potentially  
          reimbursable costs may exceed $50,000.  Actual costs would  
          depend upon a determination by the Commission on State Mandates  
          regarding what expenses incurred by [the District] in  
          implementing the bill are deemed to be subject to state  
          reimbursement.  See staff comments [in the Senate Appropriations  
          Committee analysis] for a discussion of potentially reimbursable  
          costs.


          


          COMMENTS:  


          1)Bill Summary.  This bill establishes a governance structure  
            for the District.  This bill establishes a seven-member Board  
            composed of five directors elected, pursuant to the Municipal  
            Water District Law, and two directors appointed by the Local  
            Angeles County Board of Supervisors in a public meeting.  The  
            two appointed directors must reside within the boundaries of  
            the District and have knowledge of the water industry and  
            familiarity with the role and responsibilities of a municipal  
            water district.  


            Under this bill, the District may only use sole source  
            contracts if the contract is limited to an emergency  
            circumstance or in a circumstance where is there only one  
            vender that can meet the District's needs.  This bill also  
            establishes requirements that the District must fulfill to  
            provide specified written justification and reporting on  
            contracts and costs.  This bill also prohibits funds from  
            being provided to the Board for community outreach activities.  
             










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          2)Author's Statement.  According to the author, "This bill  
            amends state laws governing the CBMWD to implement some of the  
            recommendations made in the audit report published by the  
            Bureau of State Audits last year.  Specifically, this bill  
            implements the auditor's recommendation for legislation to  
            change the membership of [District's] governing board.  By  
            requiring the [Board of Supervisors] to appoint two additional  
            members to [District's] board, this bill seeks to add some  
            independent participants to the [District's] policymaking  
            process and make the board more representative and  
            accountable.  The changes this bill makes to state law will  
            promote public transparency, sound fiscal management, and  
            improved governance at the [District]."  


          3)Central Basin Municipal Water District.  The District was  
            formed in 1952 by the voters, pursuant to the Municipal Water  
            District Act of 1911, to help mitigate the overpumping of  
            groundwater in southeast Los Angeles County.  The District is  
            a member agency of the Metropolitan Water District of Southern  
            California (Metropolitan), where it purchases imported water  
            from Metropolitan to whole to 40 retail water agencies and one  
            wholesaler that includes cities, water districts, mutual water  
            companies, investor-owned utilities, and private companies.  A  
            smaller source of the District's incoming revenue is from the  
            sale of recycled water for municipal, commercial, and  
            industrial use.  The District serves nearly two million people  
            in 24 cities in southeast Los Angeles County and in some  
            unincorporated areas of the County.  





            The District is governed by a five-member Board with each  
            director representing a division within the District.  Voters  
            within each division elect a director to a four-year term.   
            There are no term limits for the Board, as some directors are  
            currently serving their fourth and fifth terms on the Board.   








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            Directors in three of the five divisions are up for election  
            in November of 2016.  





            The District has been under increased scrutiny as news reports  
            have highlighted the District's misuse of public funds,  
            inappropriate contracting and employment practices, and  
            several lawsuits.  In June of 2014, the Los Angeles County  
            Board of Supervisors directed the County Chief Executive  
            Office, County Counsel, and Department of Public Works to  
            consult with the District to ensure all necessary steps were  
            being taken to address and correct their ongoing problems,  
            investigate options to ensure continued water availability and  
            service to the District's customers, and report back to the  
            Board of Supervisors with findings and recommendations.  While  
            the report contained a section discussing the transfer of  
            ownership of the District to another entity and the  
            dissolution process outlined in current law, the ultimate  
            recommendation to the Board of Supervisors was to request a  
            comprehensive audit of the District by the California State  
            Auditor.  





          4)Audit Findings.  In December 2015, the Bureau of State Audits  
            (BSA) issued a report that identified several key findings: 

             a)   The Board has failed to provide the leadership necessary  
               for the District to fulfill its responsibilities; 

             b)   There are a lack of policies to safeguard the District's  
               long-term financial viability; 










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             c)   The District's debt coverage ratio is insufficient and  
               the District's credit rating has been downgraded several  
               times; 



             d)   The Board's actions caused the District to lose its  
               insurance coverage; 



             e)   The Board violated state law in 2010, when it approved  
               the establishment of a legal trust fund without adequate  
               public disclosure; 



             f)   The District frequently inappropriately avoided its  
               competitive bidding processes, while awarding contracts to  
               vendors; 



             g)   The District spent thousands of dollars on purposes  
               unrelated to its underlying authority; and, 



             h)   The District failed to follow its policies for hiring  
               employees and failed to ensure stability in its key  
               executive management position.  



            To address these findings, the audit made numerous  
            recommendations, most of which do not require legislation.   
            Additionally, the audit included an addendum report from the  
            District, which includes actions to put in place many of the  








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            recommendations contained in the audit.


            The audit only includes one recommendation that requires  
            legislation: "To ensure the efficient and effective delivery  
            of imported and recycled water in southeastern Los Angeles  
            County, the Legislature should pass special legislation to  
            preserve the district as an independent entity but modify the  
            District's governance structure.  In doing so, the Legislature  
            should consider a governance structure that ensures the  
            District remains accountable to those it serves, for example,  
            by changing the District's board from one elected by the  
            public at large to one appointed by the District's customers."  
             


          5)Related Legislation.  AB 1794 (Garcia), pending in the Senate,  
            also establishes a governance structure for the District.  AB  
            1794 adds three appointed directors to the Board and creates a  
            technical oversight committee.  



          
          6)Policy Considerations.  According to the BSA report, "Given  
            the concerns we raise in this report, a dissolution or  
            restructuring may become necessary in the future.  Should the  
            board not succeed in maintaining a stable leadership team,  
            should the district experience additional lawsuits, or should  
            it lose its insurance coverage again, it will risk not being  
            able to operate effectively as an independent entity.   
            However, because of the recent progress, a complete  
            dissolution may be premature at this time."  The Committee may  
            wish to consider if the internal changes made by the District,  
            combined with proposed changes to the governance structure,  
            will be enough to address the multitude of issues identified  
            by the audit.  










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          7)Arguments in Support.  Supporters argue that this bill creates  
            greater transparency in the District's contracting process and  
            that this bill increases public accountability by authorizing  
            the Board of Supervisors to appoint two additional members to  
            the Board.  


          8)Arguments in Opposition.  None on file.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Central Basin Municipal Water District (if amended)


          Cities of Lakewood, Lynwood, Maywood, Montebello, Paramount,  
          Signal Hill, South Gate, 


            and Vernon


          Karina Macias, City Council Member, City of Huntington Park




          Opposition


          None on file










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          Analysis Prepared by:Misa Lennox / L. GOV. / (916)  
          319-3958