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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|COMMITTEE VOTE: |7-0 |(September 8, 2009) |RECOMMENDATION: |concur |
|(Local | | | | |
|Government) | | | | |
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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
AB 1172
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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.
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
AB 1172
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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
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.
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN: 0003086