BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: SB 1337 HEARING DATE: April 24, 2012
AUTHOR: DeSaulnier URGENCY: No
VERSION: April 18, 2012 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Governance and FinanceFISCAL: Yes
SUBJECT: Zone 7 Water Agency Act.
BACKGROUND AND EXISTING LAW
The Alameda County Flood Control and Water Conservation District
(District) was created by the Alameda County Flood Control and
Water Conservation District Act in 1949. The District is
governed by the Alameda County Board of Supervisors, and its
charge is to provide for the control and conservation of flood
and storm waters.
Pursuant to the Act, the board divided the District into 10
zones to provide for flood control projects that specifically
benefit each zone. The Pleasanton and Murray Townships make up
Zone 7, as it has become known, and its residents were
authorized in 1955 to elect their own board of directors to
govern and control matters that are specific to their
boundaries. Zone 7's unique status, as the only zone with its
own elected board, was born out of its then remote location in
the eastern portion of Alameda County.
Zone 7 subsequently became a contractor for water from the State
Water Project and currently provides water wholesale to 200,000
people in Pleasanton, Livermore, Dublin, and, through special
arrangement with the Dublin San Ramon Services District, to the
Dougherty Valley Area in Contra Costa County.
The dual governance system of having both a District and Zone 7
board has been challenging at times. Over the years, both the
District board and the Zone 7 board have sought to minimize the
duplicative procedures. Most notably, in 2003 the Legislature
passed, and the Governor signed AB 1125 (Houston). That bill
gave the Zone 7 board control over those matters that relate
only to Zone 7. Matters that relate to both Zone 7 and other
parts of the District still require approval by both boards.
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As noted in the Senate Local Government Committee analysis of AB
1125, "While AB 1125 nudges Zone 7 towards full autonomy, the
bill invites legislators to explore the conversion of Zone 7
into an independent special district that would govern the
area's water supply, leaving flood control duties with the
countywide District."
PROPOSED LAW
This bill would:
1.Enact the Zone 7 Water Agency Act, which would create the Zone
7 Water Agency as an independent special district. The powers
and duties of the Zone 7 Water Agency would largely mirror
those of the Alameda County Flood Control and Water
Conservation District as they applied to Zone 7 Water Agency.
The bill would authorize Zone 7 to continue to impose any
special taxes based upon assessed value or any other special
taxes, assessments, or charges imposed by or on behalf of the
former Zone 7, would authorize the agency to impose new
special taxes or levy assessments, and would require any taxes
or assessments to be levied and collected together with taxes
for county purposes, as specified. This bill would also
authorize the agency to designate the county treasury as its
treasury, and to establish by ordinance rules, regulations,
standards, and procedures for appointment, suspension and
termination of employment.
2.Amend the Alameda County Flood Control and Water Conservation
District Act to exclude the territory of the newly created
Zone 7 Water Agency from the Districts jurisdiction. The Act
is further amended to delete those provisions that applied
solely to Zone 7.
ARGUMENTS IN SUPPORT
According to the author, "In 2003, the Governor signed AB 1125,
which provided further autonomy to Zone 7 by giving the Board
the authority to govern and control all matters that relate to
the residence of Zone 7, eliminating the need for dual approvals
from the Alameda County Board of Supervisors."
"However, two important objectives remain to be accomplished.
Zone 7 services 15,000 residents in Dougherty Valley, in South
San Ramon in Contra Costa County. As long as Zone 7 remains part
of the Alameda County Flood Control and Water Conservation
District, the residents of Dougherty Valley will be treated as
second-class customers, without the right to vote for Zone 7's
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directors, and subject to indirect, pass-through taxation."
"Secondly, recruiting and retention has become challenging for
Zone 7, a situation that has become more critical as excess Zone
7 staff have been eliminated to reduce operation costs within
the current County Civil Service Structure."
"Based on the history and the need to address the two key
objectives left out by AB 1125, SB 1337 will allow Zone 7 to
become an Independent Special District, crossing county lines
and more equitably serving all of its customers."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
One New Authority. This bill deems abandoned or unused wells
that create a water contamination hazard a public nuisance, and
provides Zone 7 with specific authorities to address the public
nuisance.
Will This Improve Water Service or Reduce Rates? Maybe, but
probably not noticeably. By severing the last bureaucratic
connections between the District and Zone 7, some efficiency
gains are inevitable. However, given the large degree of
autonomy that Zone 7 has under current law, those efficiency
gains are not likely to be prominent.
Dual Referral to Governance and Finance , who will analyze the
governance, tax, and other related provisions of this bill.
SUPPORT Zone 7 Water Agency
Dublin San Ramon Services District and 1
Individual
OPPOSITION None Received
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