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AB-530 The Fairfield-Suisun Sewer District.(2019-2020)

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Date Published: 07/10/2019 09:00 PM
AB530:v95#DOCUMENT

Assembly Bill No. 530
CHAPTER 69

An act to amend Sections 18, 27, 29, 46, 48, 56, 59, 150, and 153 of, to repeal Section 28 of, and to repeal and add Section 34 of, the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), relating to the Fairfield-Suisun Sewer District, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  July 10, 2019. Filed with Secretary of State  July 10, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 530, Aguiar-Curry. The Fairfield-Suisun Sewer District.
The existing Fairfield-Suisun Sewer District Act creates the Fairfield-Suisun Sewer District and grants to the district various powers relating to the treatment and disposal of sewage. The existing act provides for the election of a board of directors for the district and administrative procedures for the operation of the district. Violation of regulations adopted by the board is a misdemeanor.
This bill would make various administrative changes to the act, including removing the requirement that the district appoint a clerk and changing the posting requirements for regulations.
Existing law requires all county officers to be liable upon their several official bonds for the faithful discharge of the duties imposed by the act.
This bill would instead authorize the board of the district to require any of its employees or officers to be bonded. The bill would require the district to pay the cost of the bonds.
Existing law prohibits the district from accepting or contracting for the disposal of sewage emanating from outside the district, except sewage from a public building or buildings of a public utility. Existing law authorizes the district to accept and contract for the disposal of sewage emanating from outside the district if those buildings are connected to the district’s sewage treatment system on March 1, 2002.
This bill would remove the authorization to accept sewage from buildings of a public utility. The bill would authorize the district, upon the request of a landowner, to accept and contract for the disposal of sewage that will emanate or that will be emanating from any building within the Middle Green Valley Specific Plan, if approved as specified. The bill would also authorize the district to accept organic materials, as defined, originating from within or outside the district as the board determines to be in the best interests of the district.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Fairfield-Suisun Sewer District.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 31 of Chapter 985 of the Statutes of 1985, is amended to read:

Sec.18.
 In the application to the district of laws, the procedure of which is made applicable to proceedings of the district, the terms used in those laws shall have the following meanings:
(a) “Auditor” means the person or entity designated as the auditor by the board.
(b) “Clerk” means the clerk of the district.
(c) “Middle Green Valley Specific Plan” means the type, location, density, and extent of development, conditioned by conservation easements, as planned in the version of the Middle Green Valley Specific Plan adopted by the board of supervisors on August 8, 2017.
(d) “Organic materials” means material that is organic in nature, including, but not limited to, plant material, food and beverage waste, and paper products, that can be recycled using treatment processes like composting, digestion, and other processes that decompose organic matter. The gas produced from the process may be captured and used to generate electricity and heat.
(e) “Tax collector” means the person designated as the tax collector by the board.
(f) “Treasurer” means the person designated as the treasurer by the board.

SEC. 2.

 Section 27 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec.27.
 The board shall choose one of its members as president and elect other officers in accordance with board policy.

SEC. 3.

 Section 28 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is repealed.

SEC. 4.

 Section 29 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec.29.
 All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the district in accordance with board policy.

SEC. 5.

 Section 34 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is repealed.

SEC. 6.

 Section 34 is added to the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), to read:

Sec. 34.

 The board may require an employee or officer to be bonded. The district shall pay the cost of the bonds.

SEC. 7.

 Section 46 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec.46.
 The district may cooperate and contract with the United States or any agency thereof, with the State or any political subdivision thereof, or with either of the cities for the joint acquisition, construction, or use, or aid in the construction, of a facility that the district is empowered to construct under this act, including assignment to the district of any subventions of either of the cities.

SEC. 8.

 Section 48 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 1 of Chapter 426 of the Statutes of 2002, is amended to read:

Sec.48.
 (a) Except as otherwise provided in subdivisions (b), (c), and (d), the district may not accept or contract for the disposal of any sewage emanating from outside the district except sewage from a public building.
(b) The district may accept and contract for the disposal of sewage emanating from buildings outside the district if those buildings are connected to the district’s sewage treatment system on March 1, 2002.
(c) Notwithstanding any sphere of influence and subdivisions (b) and (c) of Section 56133 of the Government Code, the district may, upon request of a landowner, accept and contract for the disposal of sewage that will emanate or that is emanating from buildings within the Middle Green Valley Specific Plan if approved pursuant to subdivisions (a) and (d) of Section 56133 of the Government Code.
(d) Pursuant to Section 56133 of the Government Code, the district may contract with the County of Solano or another public entity for the disposal of sewage emanating from buildings outside the district if the board of the district determines that the contract furthers the protection of public health and safety and is in the best interests of the district.
(e) Every user that is connected to the district’s sewage treatment system is subject to the district’s ordinances, resolutions, and other laws.
(f) The district may accept organic material originating from within or outside the district as the board determines is in the district’s best interest.

SEC. 9.

 Section 56 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 14 of Chapter 18 of the Statutes of 1992, is amended to read:

Sec.56.
 The district may contract for the purchase or sale of any effluent resulting from the operation of any sewage treatment plant as the board determines is necessary and in the district’s best interest. Sections 6520.7 and 6520.9 of the Health and Safety Code are applicable to the district.

SEC. 10.

 Section 59 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951) is amended to read:

Sec.59.
 The district may adopt all necessary regulations for all sanitary purposes not in conflict with the laws of this state. A person who violates a regulation of the district is guilty of a misdemeanor. A regulation of the board shall be adopted by ordinance, shall be published pursuant to Section 6061 of the Government Code, and shall take effect upon expiration of the week of publication. A subsequent finding of the board, entered in its minutes, that publication has been made is conclusive evidence that the publication was properly made.

SEC. 11.

 Section 150 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 10 of Chapter 489 of the Statutes of 1997, is amended to read:

Sec.150.
 There is created in the treasury of the district a fund entitled the “Fairfield-Suisun Sewer District General Fund.”

SEC. 12.

 Section 153 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the Statutes of 1951), as amended by Section 11 of Chapter 489 of the Statutes of 1997, is amended to read:

Sec.153.
 There is created, at the discretion of the board, in the district treasury, a fund called the “Fairfield-Suisun Sewer District Bond Fund, Series ___,” (inserting series number) in which the treasurer shall keep money levied by the board for that fund.

SEC. 13.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances facing the Fairfield-Suisun Sewer District and the need for acceptance and disposal of sewage in the Middle Green Valley Specific Plan area.

SEC. 14.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that the residents of the County of Solano have adequate sewer services, it is necessary that this measure take effect immediately.