BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 26 HEARING: 8/20/14
AUTHOR: Correa FISCAL: Yes
VERSION: 6/17/14 TAX LEVY: No
CONSULTANT: Ewing
PURSUANT TO SENATE RULE 29.10
ORANGE COUNTY WATER DISTRICT ACT
Requires the Orange County Water District to provide notice
to an affected city, and hold a public meeting in that
city, prior to developing property within city boundaries.
Background and Existing Law
The Legislature created the Orange County Water District in
1933 to meet the water and related needs of the residents
of Orange County (SB 1201, Edwards, 1933). State law
authorizes the district to acquire, hold, use and dispose
of real property for purposes of the district, as
determined by the district's board of directors.
The Orange County Water District recently elected to enter
into an exploratory agreement with a private entity on the
potential to develop a thermal electricity generation plant
on a site owned by the District that is located within the
City of Anaheim.
Generally, special districts must comply with the building
and zoning ordinances of the cities or counties in which
the facilities they construct are located (AB 56, Biddick,
1959). However, the state has established exceptions for
the development of water and electrical facilities. In
general, cities and counties cannot impede the development
of those facilities through their zoning and building
ordinances to ensure reliable water and energy systems.
For large thermal power plants, those that can produce 50
megawatts or more of electricity, the California Energy
Commission has the exclusive power to certify all sites and
related facilities in the state (SB 1277, Smith, 1976).
The Commission must consider local zoning and building
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ordinances during its decision-making process, but can
override those ordinances if the Commission determines that
the facility is required for public convenience and
necessity, and that there are not more prudent and feasible
means of achieving public convenience and necessity (SB
110, Peace, 1999).
Similarly, AB 56 (Biddick, Chapter 2110, 1959) provided an
exemption from compliance with local building and zoning
ordinances for special districts that develop water or
electricity facilities. Subsequent legislation sustained
the exemption from local building ordinances for the
construction of facilities for the production, generation,
storage, treatment or transmission of water, wastewater, or
electricity by a special district, and provided limited
exemptions from zoning ordinances, as follows (SB 1711,
Costa, 2002):
Local zoning ordinances do not apply to the
location or construction of facilities for the
production, generation, storage, treatment, or
transmission of water, or for the production of
electricity that are subject to the Municipal Utility
District Act, or electrical substations in an
electrical transmission system that receives
electricity at less than 100,000 volts.
Local zoning ordinances of a county or city shall
apply to the location or construction of facilities
for the storage or transmission of electrical energy
by a special district if the zoning ordinance makes
provisions for those facilities.
A special district may, upon a 4/5 vote of its board, at a
noticed public hearing, render a city or county zoning
ordinance inapplicable to a proposed use of a property if
that special district determines that there is no feasible
alternative and the use of the property is for facilities
related to storage or transmission of water or electrical
energy, including structures such as warehouses,
administrative buildings, and automotive storage and repair
buildings.
The special district must notify the city or county whose
zoning ordinance has been rendered inapplicable, as well as
affected property owners. The affected city or county may
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seek judicial review of the decision to render the zoning
ordinance inapplicable.
Anaheim officials are concerned that current law does not
provide residents with sufficient opportunities to
participate in the decision-making process for the siting
of electric generation facilities on properties owned by
the Orange County Water District.
Proposed Law
Senate Bill 26 clarifies that provisions of existing law
related to the application and exemptions from local zoning
and building ordinances, and notice requirements, apply to
the Orange County Water District.
SB 26 requires the Orange County Water District to provide
notice of intent to develop real property owned by the
district, which is within the boundaries of a city, to the
city planning agency, at least 30 days prior any action to
approve the development.
SB 26 requires the Orange County Water District to hold a
public meeting within the boundaries of a city if the
district proposes to locate, within that city, a facility
for the production, generation, storage, treatment or
transmission of water, wastewater, or electricity, or
related structures.
SB 26 expresses the Legislature's intent to:
Clarify that existing law with regard to the
application of zoning and building ordinances adopted
by counties and cities applies to any property owned
by the Orange County Water District.
Foster collaboration between the district and the
cities in which the district owns property.
Provide increased transparency to the public in
land use decisions made by the district.
State Revenue Impact
No estimate.
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Comments
1. Purpose of the bill . In 2013, the Orange County Water
District sought to develop an electricity generation plant
within the City of Anaheim, in an area of the city that
would be inconsistent with the city's land use plans.
Existing law includes provisions that address land use
conflicts when a special district intends to develop
property within the boundaries of a city or county. Senate
Bill 26 includes language in the Orange County Water
District Act to clarify that existing statutory provisions
apply to the land use decisions of the water district and
strengthens the public disclosure and transparency
requirements in these instances.
2. Special legislation . The California Constitution
prohibits special legislation when a general law can apply
(Article IV, Sec. 16). SB 26 contains findings and
declarations explaining the need for a special statue for
the Orange County Water District.
3. Gut and amend . As introduced and passed by the Senate,
SB 26 contained provisions relating to the Political Reform
Act. Amendments taken in the Assembly deleted the initial
contents of SB 26 and inserted the current language
relating to the Orange County Water District. Because this
topic was never heard in the Senate, the Senate Rules
Committee referred the amended bill under Senate Rule 29.10
to the Senate Governance and Finance Committee for a
hearing on the Assembly's amendments. At its August 20
hearing, the Committee has two choices:
Hold the bill
Return the bill to the Senate Floor.
Assembly Actions
Assembly Local Government Committee:9-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 78-0
Support and Opposition (8/18/14)
Support : City of Anaheim.
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Opposition : Unknown.