BILL ANALYSIS
AB 1172
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1172 (Galgiani)
As Amended June 23, 2009
Majority vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |25-12|(August 27, |
| | | | | |2009) |
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Original Committee Reference: L. GOV.
SUMMARY : Provides, upon the consolidation or reorganization of
the Stockton-East Water District and the Central San Joaquin
Water Conservation District into one single water conservation
district, for conditions for which the board membership of the
single water conservation district could be increased, and
allows, under specified conditions, for the single district to
continue to collect charges and groundwater assessments.
The Senate amendments :
1)Allow a local agency formation commission (LAFCO), in
approving either a consolidation of districts or the
reorganization of two or more districts into a single water
conservation district, to increase the number of directors to
serve on the board of directors of the consolidated or
reorganized district to 7, 9, or 11, who shall be members of
the board of directors of the districts to be consolidated or
reorganized as of the effective date of the consolidation or
reorganization.
2)Specify, upon the expiration of the terms of the members of
the board of directors of the consolidated or reorganized
district whose terms first expire following the effective date
of the consolidation or reorganization, that the total number
of members on the board of directors shall be reduced until
the number equals 5, 7, or 9, as may be determined by LAFCO in
approving the consolidation or reorganization, unless LAFCO
provides for an alternative schedule for reducing the size of
the board of directors.
3)Specify the process of filing a vacancy on the board of
directors for a consolidated or reorganized district, at the
time when the total number of directors is greater than five.
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4)Allow, if certain conditions are met, the Eastern San Joaquin
County Water District Board, by resolution, to continue to
collect certain charges in successive years at the same rate.
5)Allow, if certain conditions are met, the Eastern San Joaquin
County Water District Board, by resolution, to continue to
collect groundwater assessments in successive years at the
same rate.
6)Provide that certain sections of the bill will only become
operative on the effective date of the consolidation or
reorganization of the Stockton-East Water District and the
Central San Joaquin Water Conservation District into a single
water conservation district, as determined by the San Joaquin
County LAFCO.
EXISTING LAW establishes the procedures for the organization and
reorganization of cities, counties, and special districts under
the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that on or after the date on which the San Joaquin
County LAFCO approves the consolidation of the Stockton-East
Water District and the Central San Joaquin Conservation
District, that the district shall be named the Eastern San
Joaquin County Water District.
2)Amended the Water Code to change the name of the existing
Central San Joaquin Water Conservation District to the Eastern
San Joaquin County Water District.
3)Declared that this bill is applicable only to the Eastern San
Joaquin County Water District.
4)Declared that a general law cannot be made applicable to the
Eastern San Joaquin County Water District, and therefore,
provides that this bill is a special law that is necessary for
public good.
FISCAL EFFECT : None
COMMENTS : According to the author, the Stockton East Water
District and the Central San Joaquin Water Conservation District
are two water conservation districts with adjacent boundaries
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located in San Joaquin County. Both districts provide surface
water supplies to lands overlying the Eastern San Joaquin
Groundwater Basin, and both have supplies from the Stanislaus
River New Melones Project. The districts have been discussing
consolidation for years, and are now pursuing consolidation
through the San Joaquin County LAFCO.
This bill will only become law after LAFCO approves the
consolidation. The author notes that the processing at LAFCO
will include a noticed protest hearing, which will allow any
residents in opposition to have their concerns heard, as is
standard under the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000.
The Senate amendments have expanded the scope of this measure;
therefore, these policy changes have not been seen in any
Assembly policy committee this legislative session.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN:
0001856