BILL NUMBER: SB 60	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hayden

                        DECEMBER 7, 1998

   An act to add Sections 126.5, 126.7, 130.5, and 130.7 to the
Metropolitan Water District Act (Chapter 209 of the Statutes of
1969), relating to the Metropolitan Water District of Southern
California.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 60, as introduced, Hayden.  Metropolitan Water District of
Southern California.
   (1) The Metropolitan Water District Act authorizes the formation
of metropolitan water districts and specifies the powers and purposes
of a district.
   This bill would require the Metropolitan Water District of
Southern California to place increased emphasis on sustainable,
environmentally sound, and cost-effective water conservation,
recycling, and groundwater storage and replenishment measures, as
prescribed, and, commencing February 1, 2001, to prepare and submit
to the Legislature a prescribed annual report relating to water
conservation.  The bill would make related legislative findings and
declarations.
   The bill would require the district, in cooperation with specified
entities, to participate in considering programs of groundwater
recharge and replenishment, watershed management, habitat
restoration, and environmentally compatible community development
utilizing the resource potential of the Los Angeles River, the San
Gabriel River, or other southern California rivers, including
stormwater runoff from these rivers.
   The bill would prohibit the district, and its member public
agencies, from expending any public money for contracting with any
private entity or person to undertake research or investigations with
regard to the personal backgrounds or the statements of economic
interest of, or the campaign contributions made to, elected officials
who vote on public policies affecting the district, or advocacy
groups or interested parties who may have matters pending before the
board of the district or its member public agencies.
   The bill would require the district to establish and operate an
Office of Ethics and to adopt rules relating to internal disclosure,
lobbying, conflicts of interest, contracts, campaign contributions,
and ethics for application to its board members, officers, and
employees, as prescribed.  The rules would be required to address
certain matters and would be required, for any association of
individuals or entities that includes board members, officers, or
employees of the district, or of a member public agency, which
association is known by a name other than the Metropolitan Water
District of Southern California or the name of a member public agency
of the district, to prohibit any association structure or
identification that is likely to mislead the public as to the
association's true identity, its source of funding, or its purpose.
The bill would require the office to adopt those rules for approval
by the board of directors, to educate the board, staff, and
contractors concerning those rules, and to investigate complaints
concerning the violation of those rules.  The bill would require the
office to propose, and the board to adopt, a schedule of penalties
for violations of those rules by board members, officers, staff, or
contractors.  The bill would prescribe related matters.
   By imposing additional duties on the district, the bill would
impose a state-mandated local program.
  (2) 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 no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 126.5 is added to the Metropolitan Water
District Act (Chapter 209 of the Statutes of 1969), to read:
  126.5.  (a) The Metropolitan Water District of Southern California
and its member public agencies may not expend any public money for
contracting with any private entity or person to undertake research
or investigations with regard to the personal backgrounds or the
statements of economic interest of, or the campaign contributions
made to, elected officials who vote on public policies affecting the
Metropolitan Water District of Southern California, or advocacy
groups or interested parties who may have matters pending before the
board of the Metropolitan Water District of Southern California or
its member public agencies.
   (b) Nothing in this section prevents any board member, officer, or
employee of the Metropolitan Water District of Southern California
or of a member public agency of that district from exercising the
right to obtain public records pursuant to Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code.
  SEC. 2.  Section 126.7 is added to the Metropolitan Water District
Act (Chapter 209 of the Statutes of 1969), to read:
  126.7.  (a) The Metropolitan Water District of Southern California
shall establish and operate an Office of Ethics and adopt rules
relating to internal disclosure, lobbying, conflicts of interest,
contracts, campaign contributions, and ethics for application to its
board members, officers, and employees consistent with the intent and
spirit of the laws and regulations of the Los Angeles City Ethics
Commission, the Fair Political Practices Commission, and the Los
Angeles County Metropolitan Transportation Authority.
   (b) The rules described in subdivision (a) shall address, and seek
to avoid potential ethical abuses relating to, all of the following
matters:
   (1) The direct and indirect business relationships between board
members, contractors, and vendors, and between board members and
officers or employees of member public agencies.
   (2) The solicitation of campaign contributions by board members,
officers, or employees and the receipt of contributions from bidders,
contractors, or subcontractors.
   (3) Public notice and approval procedures for contracts of fifty
thousand dollars ($50,000) or more.
   (c) (1) The office shall operate as an independent entity that is
not subject to political influence and shall be staffed with
professional, qualified persons.
   (2) The office shall adopt the rules described in subdivision (a)
for approval by the board, educate the board, staff, contractors, and
subcontractors concerning those rules, and shall investigate
complaints concerning the violation of those rules.
   (3) The office shall adopt procedures for protecting the
confidentiality of sources, the job security of "whistle blowers,"
and the due process rights of the accused.
   (d) Subject to paragraph (3) of subdivision (c), the office shall
make available to the public the results of the investigations that
it undertakes.
   (e) The office shall propose, and the board shall adopt, a
schedule of penalties for violations of the rules described in
subdivision (a) by board members, officers, staff, or contractors.
   (f) For any association of individuals or entities that includes
board members, officers, or employees of the Metropolitan Water
District of Southern California or of a member public agency of that
district that is known by a name other than the Metropolitan Water
District of Southern California or the name of a member public agency
of the district, the rules of ethics shall prohibit any association
structure or identification that is likely to mislead the public as
to the association's true identity, its source of funding, or its
purpose.
   (g) Nothing in this section prohibits the Metropolitan Water
District of Southern California, a member public agency of that
district, or a board member, officer, or employee of the Metropolitan
Water District of Southern California or of a member public agency
of the district, from participating in, or providing funding in a
clearly identifiable way for, an association formed for the purpose
of undertaking legitimate activities, including, but not limited to,
advocating on behalf of that association before a local agency, the
Legislature, or the United States Congress.
  SEC. 3.  Section 130.5 is added to the Metropolitan Water District
Act (Chapter 209 of the Statutes of 1969), to read:
  130.5.  (a) The Legislature finds and declares all of the
following:
   (1) The Metropolitan Water District of Southern California reports
that conservation provides 7 percent of its "water resource mix" for
1998, and conservation is projected to provide 13 percent of its
total water resources by 2020.  Conservation, water recycling, and
groundwater recovery, combined, provide 12 percent of the district's
total water resources for 1998 and those water resources are
projected to increase to 25 percent of the district's total water
resources by 2020.
   (2) It is the intent of the Legislature that the Metropolitan
Water District of Southern California expand water conservation,
water recycling, and groundwater recovery efforts.
   (b) The Metropolitan Water District of Southern California shall
place increased emphasis on sustainable, environmentally sound, and
cost-effective water conservation, recycling, and groundwater storage
and replenishment measures.
   (c) The Metropolitan Water District of Southern California shall
hold an annual public hearing, which may be held during a
regularly-scheduled meeting of the Board of Directors of the
Metropolitan Water District of Southern California, during which the
district shall review its urban water management plan, adopted
pursuant to Part 2.6 (commencing with Section 10610) of Division 6 of
the Water Code, for adequacy in achieving an increased emphasis on
cost-effective conservation, recycling, and groundwater recharge in
accordance with this section.  The Board of Directors of the
Metropolitan Water District of Southern California may modify any
ongoing program as necessary to meet that requirement, consistent
with the district's urban water management plan.
   (d) The district shall invite to the hearings knowledgeable
persons from the fields of water conservation and sustainability, and
shall consider factors of availability, water quality, regional
self-sufficiency, benefits for species and environment, the totality
of life-cycle costs, including avoided costs, and short- and
long-term employment and economic benefits.
   (e) On or before February 1, 2001, and on or before each February
1 thereafter, the Metropolitan Water District of Southern California
shall prepare and submit to the Legislature a report on its progress
in achieving the goals of increased emphasis on cost-effective
conservation, recycling, and groundwater recharge in accordance with
this section, and any recommendations for actions with regard to
policy or budget matters to facilitate the achievement of those
goals.
   (f) Nothing in this section shall diminish the authority of the
Metropolitan Water District of Southern California pursuant to
Section 25 or any other provision of this act, or otherwise affect
the purposes of the Metropolitan Water District of Southern
California as described in existing law.
  SEC. 4.  Section 130.7 is added to the Metropolitan Water District
Act (Chapter 209 of the Statutes of 1969), to read:
  130.7.  (a) The Metropolitan Water District of Southern California,
in cooperation with the following entities, shall participate in
considering programs of groundwater recharge and replenishment,
watershed management, habitat restoration, and environmentally
compatible community development utilizing the resource potential of
the Los Angeles River, the San Gabriel River, or other southern
California rivers, including storm water runoff from these rivers:
   (1) Member public agencies whose boundaries include any part of
the Los Angeles River, the San Gabriel River, or any other river in
southern California.
   (2) The Water Replenishment District of Southern California.
   (3) Local public water purveyors and other appropriate groundwater
entities.
   (4) The County of Los Angeles.
   (5) The United States Army Corps of Engineers.
   (b) Nothing in this section affects the powers and purposes of the
Water Replenishment District of Southern California or any other
groundwater management entity, the County of Los Angeles, local
public water purveyors, or the United States Army Corps of Engineers.

  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.