BILL NUMBER: AB 2672 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 19, 2010
An act to amend Section 11503 of the Public Utilities
add Article 10 (commencing with Section 53170) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code, relating to public utilities local
government .
LEGISLATIVE COUNSEL'S DIGEST
AB 2672, as amended, Cook. Municipal utility districts.
County transportation commissions and special act
agencies.
Existing law establishes county transportation commissions.
Existing law also establishes various agencies and prescribes their
membership composition. Existing federal law prohibits an individual
who has been debarred, suspended, disqualified, or otherwise excluded
from participating in federal covered transactions.
This bill prohibits a county transportation commission, a special
act agency, and any other entity whose membership is defined by
statute, from permitting an excluded individual to participate in, be
appointed to, or sit as a member on the agency's governing board or
one of its committees. This bill requires an excluded individual to
vacate his or her seat on an agency's governing board and its
committees upon notification from a federal agency that he or she has
been debarred, suspended, disqualified, or otherwise excluded from
participating in federal covered transactions, or if he or she
voluntarily excludes himself or herself from participating in federal
covered transactions. This bill authorizes an agency affected by its
provisions to adopt rules and regulations necessary for its
implementation.
The Municipal Utility District Act governs the formation and
governance of a municipal utility district. The act defines for its
purposes the terms "district," "special district," and "board."
This bill would make technical, nonsubstantive changes to that
definition.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10 (commencing with Section
53170) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of
the Government Code , to read:
Article 10. Removal of Debarred, Suspended, Excluded, or
Ineligible Individuals from Commissions and Agencies
53170. This article shall be known and may be cited as the
Removal of Excluded Individuals Act.
53170.1. It is the intent of the Legislature in enacting this
article to provide a county transportation commission, a special act
agency, or any other entity whose membership composition is
prescribed by statute, with the authority to immediately remove an
individual who is debarred, suspended, disqualified, or otherwise
excluded from participating in a federal covered transaction pursuant
to federal law, including, but not limited to, Part 180 (commencing
with Section 180.5) of Chapter I and Part 215 (commencing with
Section 215.0) of Chapter II of Subtitle A of Title 2 of the Code of
Federal Regulations. It is the further intent of the Legislature that
this authority be limited to requiring a debarred, suspended,
disqualified, or other excluded individual to vacate his or her
respective seat in the commission, agency, or the committee of a
commission or agency, and not to eliminate the representative seat or
position that the terminated individual held.
53170.2. For purposes of this article, the definitions set forth
in Part 180 (commencing with Section 180.5) of Chapter I and Part 215
(commencing with Section 215.0) of Chapter II of Subtitle A of Title
2 of the Code of Federal Regulations shall apply, unless otherwise
stated.
53170.3. For purposes of this article, the following terms shall
have the following meanings:
(a) "County transportation commission" means a commission as
defined in Section 130002 of the Public Utilities Code.
(b) "Excluded individual" means an individual who has been
debarred, suspended, disqualified, or otherwise excluded from
participating in federal covered transactions pursuant to federal
law, including, but not limited to, Part 180 (commencing with Section
180.5) of Chapter I and Part 215 (commencing with Section 215.0) of
Chapter II of Subtitle A of Title 2 of the Code of Federal
Regulations.
(c) "Special act agency" means a regional agency whose membership
composition is set forth in its enabling act, and the enabling act
does not authorize the agency to remove an individual from its
governing board or its committees if the individual is debarred,
suspended, disqualified, or otherwise excluded from participating in
a federal covered transaction pursuant to federal law.
53170.4. (a) A county transportation commission, a special act
agency, or any other entity whose membership is defined by statute,
shall not permit an excluded individual to participate in, be
appointed to, or sit as a member on its governing board or one of its
committees.
(b) An individual who sits on the governing board or a committee
of an agency that is subject to subdivision (a) shall immediately
vacate his or her seat upon notification from a federal agency that
he or she is debarred, suspended, disqualified, or otherwise excluded
from participating in federal covered transactions pursuant to
federal law. An individual who voluntarily excludes himself or
herself from participating in federal covered transactions shall also
vacate his or her seat.
(c) A vacated seat does not infringe upon an agency's right to
retain the seat. If a replacement or alternate member is not
available to fill a vacant seat, the seat shall remain vacant until
the agency finds a qualified replacement, who is not an excluded
individual, to fill the seat.
(d) This section does not apply if one of the following occurs:
(1) A federal agency grants an excluded individual an exception,
in writing, to participate in a particular covered transaction, but
only to the extent that the exception makes the individual eligible
to participate in federal covered transactions.
(2) An excluded individual is removed from the federal Excluded
Parties List System.
53170.5. An agency affected by this article shall have the
authority to adopt rules and regulations necessary to implement this
article.
SECTION 1. Section 11503 of the Public
Utilities Code is amended to read:
11503. (a) "Board" means the board of directors of a district.
(b) "District" means a municipal utility district formed under
this division or under Chapter 218 of the Statutes of 1921, as
originally enacted or subsequently amended.
(c) "Special district" means a special district for sewage
disposal or solid waste resource recovery purposes created under this
division or under Chapter 218 of the Statutes of 1921, as originally
enacted or subsequently amended.