BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Richard K. Rainey, Chairman
BILL NO: SB 1939 HEARING: 5/17/00
AUTHOR: Alarcon FISCAL: Yes
VERSION: 5/15/00 CONSULTANT: Swenson
IRRIGATION DISTRICT DIRECTORS' QUALIFICATIONS
Background and Existing Law
Most of California's 3,400 special districts are registered
voter districts; both the electors and the members of the
governing boards must be registered to vote within the
district's boundaries. But about 350 water districts are
landowner-voter districts. State law assigns voting power
in these districts to those who own real property within
the district. Members of these districts' governing boards
must be landowners or sometimes landowners'
representatives.
California's 97 irrigation districts are a hybrid of
registered voter and landowner-voter type districts. In
general, registered voters are eligible to vote in district
elections, but board members must also be freeholders
(landowners) in the district. However, lawmakers have
granted exceptions, allowing eight irrigation districts to
be landowner-voter districts.
The Legislature added the freeholder requirement for
irrigation districts' board members in 1897 when the
districts primarily delivered agricultural water to
landowners. Since then, the Legislature has allowed
irrigation districts to provide other services including
drainage, electricity, flood control, sewage disposal, and
water storage and distribution. Irrigation districts
deliver these services to their residents regardless of
land tenure.
Four irrigation districts (Imperial, Merced, Modesto, and
Turlock) provide electricity services. These districts
provide electrical services to residents much like
community services districts, municipal utility districts,
and public utility districts. Existing law does not
require board members of these other districts to be
landowners.
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Proposed Law
Senate Bill 1939 repeals the requirement that irrigation
district board members be landowners of the district they
represent.
SB 1939 also makes changes to programs serving low-income
electricity customers.
Comments
1. Get with the times . Current law allows all residents
of an irrigation district to vote in district elections,
but requires a board member of an irrigation district to be
a landowner in the district. Times have changed since 1897
when irrigation districts provided services to land rather
than people. Irrigation districts now provide a variety of
services to their residents. Since districts no longer
serve only landowners, it is no longer appropriate to
exclude non-landowner residents from serving on their
governing boards. In support of this notion, the
California Supreme Court ruled in Choudhry v. Free (1976)
that because an irrigation district provided vital services
to all residents - not just landowners - landowner status
could not be required of those who wish to serve as
directors.
2. But don't overlook tradition . Although irrigation
districts can deliver a variety of services, not all of
them provide every service. A dozen or so districts
provide only irrigation services to agricultural land in
districts with few or no residents. Because some districts
have few residents or only landowner residents, the
Legislature has allowed eight irrigation districts to
become landowner-voter districts, even allowing landowners
to live outside the districts. The U.S. Supreme Court has
allowed this departure from the one-person, one-vote rule
because of the districts' limited purpose and because of
the disproportionate effect of their activities on
landowners as a group. SB 1939 may impose an inappropriate
change on some of the more traditional districts that still
serve primarily land and not people.
3. Local control . Community services districts, municipal
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utility districts and public utility districts do not
require board members to be landowners. Those districts
deliver services to all residents, regardless of land
ownership. Accordingly, all who are affected by the
boards' decisions are rightfully afforded access to serving
on the governing boards. In contrast, irrigation
districts, including those in the electricity business, do
not provide equal access. The Committee may wish to
consider if limiting access to a district's governing body,
and thus control of the district, to only landowners within
a district that provides general public services, is an
appropriate restriction.
4. Secondary effects . The Legislature has allowed eight
irrigation districts to operate as landowner-voter
districts. Under SB 1939, those districts must convert and
allow only district residents to serve on their boards. In
other words, only landowners vote, but they can only elect
residents. The Committee may wish to consider amending the
bill to sort this out.
5. Related legislation . SB 1571 (Costa) allows two more
irrigation districts to convert from registered voter
districts to landowner-voter districts. SB 1571 is in the
Senate Appropriations Committee.
6. Second stop . The Senate Rules Committee ordered a
double-referral of SB 1939. The Senate Energy, Utilities,
and Communications Committee passed the bill on May 9 on an
8-2 vote.
7. Other provisions . SB 1939 contains other provisions
outside this Committee's jurisdiction. These other
provisions affect programs serving low-income electricity
customers.
Support and Opposition (5/11/)
Support : California Journal For Filipino Americans,
California Rural Legal Assistance Foundation, Central
Valley Opportunity Center, Coalition of California Utility
Employees, Community Action Agency of San Mateo County,
Inc., Community Medical Center, Congress of California
Seniors, Consumer Federation of California, Finca
Management Inc., Foundation For Quality Housing
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Opportunities, Inc., The Greenlining Institute, Hermandad
Mexicana Nacional-- several members, JERICHO, Latin
American Civic Association, Latino Issues Forum, Mexican
American Legal Defense and Educational Fund, Pacific Gas &
Electric Company, San Fernando Gardens Resident Management
Corporation, Sempra Energy, Southern California Gas Workers
Council, TELACU, United Farm Workers of America AFL-CIO,
Watts/Century Latino Organization, West Angeles Community
Development Corporation.
Opposition : Agricultural Energy Consumers Association,
Alameda Power & Telecom, Association of California Water
Agencies, California League of Food Processors, California
Municipal Utilities Association, City of Azusa Light &
Water Department, Cities of Gridley, Lodi, and Lompoc, City
of San Bernardino Municipal Water Department, Imperial
Irrigation District, Lassen Municipal Utility District,
Merced Irrigation District, Modesto Irrigation District,
Northern California Power Agency, Roseville Electric,
Sacramento Municipal Utility District, Southern California
Public Power Authority, Trinity Public Utilities District,
Turlock Irrigation District.