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AB-854 Imperial Irrigation District: retail electric service.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB854:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 854


Introduced by Assembly Member Mayes

February 20, 2019


An act to add Section 21562.7 to the Water Code, relating to irrigation districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 854, as introduced, Mayes. Imperial Irrigation District: retail electric service.
Existing law, the Irrigation District Law, with certain exceptions, requires a director on the board of an irrigation district that provides electricity for residents of the district to be a voter of the district and a resident of the division that the director represents. Existing law authorizes an irrigation district to sell, dispose of, and distribute electricity for use outside of the district’s boundaries.
This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 11 members, with the 6 additional directors meeting certain qualifications, including that each be a resident of and qualified as eligible to vote in the County of Riverside. The bill would provide for the election of the additional directors at the 2020 general district election. The bill would authorize the district board to adopt a resolution decreasing the number of directors and the divisions from which they are elected from 11 to 5 if a public utility district is formed that provides electricity outside the territory of the Imperial Irrigation District and consists of a board of directors with a majority of seats representing the County of Riverside. By imposing new duties on an irrigation district, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Riverside and the Imperial Irrigation District.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature to encourage an irrigation district that provides retail electricity outside its boundaries to allow representation of those extraterritorial customers on the district’s board of directors because these customers have no ability to petition grievances to the district or to the Public Utilities Commission.

SEC. 2.

 Section 21562.7 is added to the Water Code, to read:

21562.7.
 (a) This section applies to the Imperial Irrigation District.
(b) Notwithstanding Sections 21100 and 21550 and Division 3 (commencing with Section 56000) of Title 5 of the Government Code, the membership of the board of directors of the district and the divisions from which they are elected shall increase from 5 to 11.
(c) Each of the six directors added to the board pursuant to this section shall meet the following qualifications:
(1) Reside in the County of Riverside.
(2) Qualify as eligible to vote in the County of Riverside.
(3) Reside in the division the director represents at the time of their nomination or appointment and through their entire term.
(d) The six directors shall be elected at the 2020 general district election.
(e) If a public utility district is formed pursuant to Division 7 (commencing with Section 15501) of the Public Utilities Code that provides electricity outside the territory of the Imperial Irrigation District and consists of a board of directors with a majority of seats representing the County of Riverside, the board of the directors of the district may adopt a resolution that decreases the number of directors and the divisions from which they are elected from 11 to 5 upon the expiration of the terms of the members of the board qualified pursuant to subdivision (c).

SEC. 3.

 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 unique circumstances in the County of Riverside and the Imperial Irrigation District.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.