BILL NUMBER: SB 1939 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 18, 2000
AMENDED IN SENATE MAY 15, 2000
AMENDED IN SENATE MAY 3, 2000
AMENDED IN SENATE APRIL 13, 2000
AMENDED IN SENATE APRIL 5, 2000
AMENDED IN SENATE MARCH 28, 2000
INTRODUCED BY Senators Alarcon, Hughes, Murray, Polanco,
and Solis
FEBRUARY 24, 2000
An act to amend Section 385 of the Public Utilities Code, and to
amend Section 21100 of , and to add Section 21100.7 to,
the Water Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1939, as amended, Alarcon. Public utilities: electric power:
irrigation districts.
(1) Existing law requires each local publicly owned utility to
establish a nonbypassable usage based charge to fund investments in
specified public purpose programs, including providing services for
low-income electricity customers. The charge is required to be not
less than the lowest expenditure of the 3 largest electrical
corporations in California based on a percentage of revenue.
This bill would require a specified percentage of charge revenues
to be invested in programs servicing low-income electricity
customers. Because a violation of this provision would be a crime,
this bill would impose a state-mandated local program by creating a
new crime.
(2) The Irrigation District Law generally requires a member of the
board of directors of an irrigation district to be a voter and a
freeholder of the district and a resident of the division that the
director represents at the time of nomination or appointment and
during the director's entire term.
This bill would remove that requirement that a director be a
freeholder of the district, and would make a related change.
The bill would also provide that the board of directors of an
irrigation district may adopt a resolution that authorizes a resident
and nonresident person holding title to real property within the
district, or his or her legal representative to vote. The bill would
also provide that any eligible voter, as defined, may be a member of
the board of directors. The bill would provide that those
provisions regarding titleholders are operation as long as the
district does not provide certain services for domestic purposes and
would require the district to notify the Secretary of State 30 days
prior to commencing to provide any of those services.
(3) 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 385 of the Public Utilities Code is amended to
read:
385. (a) Each local publicly owned electric utility shall
establish a nonbypassable, usage based charge on local distribution
service of not less than the lowest expenditure level of the three
largest electrical corporations in California on a percent of revenue
basis, calculated from each utility's total revenue requirement for
the year ended December 31, 1994, and each utility's total annual
expenditure under paragraphs (1), (2), and (3) of subdivision (c) of
Section 381 and Section 382, to fund investments by the utility and
other parties in the low-income programs described in subdivision
(b), and in any or all of the following:
(1) Cost-effective demand-side management services to promote
energy efficiency and energy conservation.
(2) New investment in renewable energy resources and technologies
consistent with existing statutes and regulations which promote those
resources and technologies.
(3) Research, development and demonstration programs for the
public interest to advance science or technology which is not
adequately provided by competitive and regulated markets.
(b) Each local publicly owned electric utility shall establish and
fund programs servicing low-income electricity customers comparable
to those established under Section 382. Those programs shall
include, but are not limited to, targeted energy efficiency services,
outreach and education, and rate discounts. The percentage of the
charge established under subdivision (a) allocated to low-income
programs shall be based on an assessment of customer need, with a
rate discount of no less than 15 percent offered to those who
qualify. Unless a local publicly owned electric utility is providing
a rate discount of 15 percent or more for low-income customers on or
before January 1, 2001, that local publicly owned electric utility
shall conduct a needs assessment on or before December 31, 2001.
SEC. 2. Section 21100 of the Water Code is amended to read:
21100. Each director, except as otherwise provided in this
division, shall be a voter of the district and a resident of the
division that he or she represents at the time of his or her
nomination or appointment and during his or her entire term, except
in the case of a director elected at a formation election, he or she
shall be a resident in the proposed district at the time of his or
her nomination and a resident of the division that he or she
represents during his or her entire term.
SEC. 3. Section 21100.7 is added to the Water Code, to read:
21100.7. (a) Notwithstanding Section 21100 or any other provision
of law, the board of directors of an irrigation district may adopt a
resolution that authorizes a person holding title to real property
within the district, or his or her legal representative, to vote, in
addition to other authorized voters. Holders of title need not be
residents of the district in order to qualify as voters. Each
eligible voter shall be entitled to cast only one vote.
(b) The last equalized county assessment roll is conclusive
evidence of ownership of the real property.
(c) Notwithstanding Section 21100, any eligible voter, as
specified in this section, may be a member of a district's board of
directors.
(d) As used in this section, "eligible voter" means a person who
meets the requirements of Section 20527 or a person who is a holder
of title to real property within the district.
(e) (1) This section shall be operative as long as the district
does not provide water, drainage services, electricity, flood control
services, or sewage disposal services for domestic purposes for
residents of the district, excepting for incidental domestic water
provided.
(2) (A) This section shall become inoperative if the district
commences to provide any of the services described in paragraph (1).
(B) Each district shall notify the Secretary of State 30 days
prior to commencing to provide any of the services described in
paragraph (1). The notice required by this subparagraph shall state
that it is being made pursuant to this section.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.