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.