BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 953


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          SENATE THIRD READING


          SB  
          953 (Lara)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  26-11


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |6-3  |Eggman, Alejo,        |Waldron, Beth       |
          |Government      |     |Bonilla, Chiu,        |Gaines, Linder      |
          |                |     |Cooley, Gordon        |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, McCarty  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                     SB 953


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          SUMMARY:  Establishes restrictions on the Central Basin  
          Municipal Water District's (District) use of sole source  
          contracting.  Specifically, this bill:  


          1)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 vendor can meet the  
               District's needs.  


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









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          3)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.  


          4)Requires the District's general manager to submit a quarterly  
            report to the District's Board of Directors (Board) detailing  
            all of the District's contracts, contract amendments, and  
            contract and amendment dollar amounts.  


          5)Prohibits any ordinance, motion, or resolution relating to  
            ethics, compensation, or benefits of the members of the  
            District's Board to be passed or become effective without the  
            affirmative votes of two-thirds of the members of the Board.  


          6)Provides that the enactment of this bill is contingent upon  
            the enactment of AB 1794 (Garcia) of the current legislative  
            session.  


          7)Finds and declares that a special law is necessary because of  
            the unique circumstances with the District, as described in  
            the California State Auditor's December 3, 2015 report.  


          8)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.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, there are minor costs to the District.  









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          COMMENTS:  


          1)Bill Summary.  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  
            vendor 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 the Board from  
            adopting any ordinance, motion or resolution, relating to the  
            ethics, compensation, or benefits of Board members without a  
            two-thirds vote of the Board.  


          2)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 2 million people  
            in 24 cities in southeast Los Angeles County and in some  
            unincorporated areas of the County.  


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









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             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; 


             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.   








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            Additionally, the audit included an addendum report from the  
            District, which includes actions to put in place many of the  
            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."  
             


          4)Related Legislation and Contingent Enactment.  AB 1794  
            (Garcia), pending in the Senate, establishes a governance  
            structure for the District.  This bill and AB 1794 (Garcia)  
            contain language that requires contingent enactment.  


          5)Policy Consideration.  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 Legislature  
            may wish to consider if the internal changes made by the  
            District, combined with proposed changes in this bill, will be  
            enough to address the multitude of issues identified by the  
            audit.  










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          Analysis Prepared by:                                             
                          Misa Lennox / L. GOV. / (916) 319-3958  FN:  
          0004193