BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 946 HEARING: 4/9/14
AUTHOR: Huff FISCAL: No
VERSION: 2/5/14 TAX LEVY: No
CONSULTANT: Urquiza
ORANGE COUNTY SANITATION DISTRICT'S BOARD
Replaces the City of Yorba Linda's representative on the
Orange County Sanitation District's Board of Directors with
a representative of the Yorba Linda Water District.
Background and Existing Law
The County Sanitation District Act provides for the
formation, consolidation, officers, and powers of county
sanitation districts. In 1998, nine sanitation districts
in northern and central Orange County consolidated into a
single agency, the Orange County Sanitation District
(OCSD). OCSD is responsible for safely collecting,
treating and disposing of the wastewater generated by 2.5
million people living in a 479-square-mile area of central
and northwest Orange County. The County Sanitation
District Act established a governance structure for the
OCSD to ensure equal and fair representation of all
municipalities, and water and sanitary districts within the
consolidated sanitary district's boundaries (AB 769, Baugh,
1997). The County Sanitation District Act specifies that
the OCSD's Board of Directors consists of:
One member of the city council of each city located
wholly or partially within the district's boundaries;
One member of the county board of supervisors;
One member of the governing body of each sanitary
district, the whole or part of which is included in
the consolidated sanitation district;
One member of the governing body of a public agency
empowered to and engaged in the collection,
transportation, treatment, or disposal of sewage and
which was a member agency of a sanitation district
consolidated into a consolidated sanitation district.
The governing body of each local government appoints a
SB 946 -- 2/5/14 -- Page 2
member to represent them on the OCSD Board. Currently,
OCSD has a 25-member governing board comprised of one
county supervisor, 20 city council members, three sanitary
district members, and one water district representative.
The City of Yorba Linda held a seat on the OCSD Board of
Directors to represent ratepayers within the City of Yorba
Linda. The City was in charge of sewer lateral pipelines
connecting residences or businesses to the main sewer line
under OCSD's jurisdiction. However, in 2010 the City of
Yorba Linda transferred sewer service and responsibility to
the Yorba Linda Water District through a mutual service
agreement. The City agreed to relinquish the OCSD board
seat to the Yorba Linda Water District.
Proposed Law
SB 946 changes the membership of the Orange County
Sanitation District's Board to include one member of the
governing body of the Yorba Linda Water District who would
replace a member of the City of Yorba Linda's city council.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . The current structure of the OCSD
governing board does not allow OCSD to modify the Board's
membership to adequately respond to the transfer of local
sewer service from the City of Yorba Linda to the Yorba
Linda Water District. The OCSD did not wish to increase
the size of its Board from 25 to 26 and have double
representation by the City of Yorba Linda. SB 946 allows
OCSD to transfer board representation by the City of Yorba
Linda to the Yorba Linda Water District.
SB 946 -- 2/5/14 -- Page 3
2. Future flexibility . OCSD noted that the transfer of
sewer services is not common and the City Yorba Linda's
case is somewhat unique. Nevertheless, if a transfer of
sewer services does occur in the future, OCSD would have to
request legislation that would allow it to substitute board
members. The committee may wish to consider amending the
bill to give the Orange County Sanitation District the
flexibility to substitute board seats in the future
whenever a city transfers sewer service responsibility to
another public agency.
2. Special legislation . The California Constitution
prohibits special legislation when a general law can apply
(Article IV, Sec. 16). SB 946 contains findings and
declarations explaining the need for a special statue for
the consolidated sanitation district in Orange County.
Support and Opposition (4/3/14)
Support : Orange County Sanitation District (OCSD); City of
Yorba Linda; Yorba Linda Water District.
Opposition : Unknown.