EXHIBIT 1-C
UPDATE ON SENATE BILL 1529 (McPherson)
CHANGING MPWMD LAW AND AGENCY GOVERNANCE
Updated by MPWMD on Thursday, June 10, 2004
On February 19, 2004, State Senator Bruce McPherson (R, Santa Cruz) introduced Senate Bill 1529 (SB 1529) that amends the state law that created the Monterey Peninsula Water Management District (MPWMD) and changes how the agency would be governed. The text of the bill continues to change, so check the State Senate website www.senate.ca.gov or the State Assembly website www.assembly.ca.gov for the most recent version, history and upcoming action. This bill is similar to SB 149 (McPherson), which was placed in the “suspense” file at the end of last year’s legislative session.
Legislative Update:
February 19, 2004 – SB 1529 introduced by McPherson as a place-holder bill.
March 30, 2004 – Draft version developed by McPherson for local discussion.
April 13, 2004 – SB 1529 amended to most recent version.
April 21, 2004 -- Passed Senate Local Government Committee by a vote of 7-0.
Late April 2004 – Senate determined that a hearing before Senate Appropriations Committee is not needed; bill goes directly to Senate Floor.
May 6, 2004 – Passed Senate on a vote of 24-4. The bill moved to the Assembly.
June 7, 2004 – SB 1529 is amended by McPherson to dissolve the MPWMD.
June 16, 2003 – Scheduled hearing before Assembly Local Government Committee (1:30 PM). Because the current text of the bill is different than the version passed by the Senate, the bill will go back to the Senate for another vote if it passes through the Assembly.
Current Version of SB 1529 (amended June 7, 2004):
The current version of SB 1529 has been greatly simplified to simply dissolve the District. SB 1529 contains no information about the transfer of MPWMD assets, responsibilities and legally required duties to another entity. The two components of the bill are:
Ø All provisions of law that created the Monterey Peninsula Water Management District will be repealed, and the MPWMD will be dissolved.
Ø SB 1529 would not take effect until Monterey County is informed by the Secretary of State that SB 1529 is“pre-cleared” by the U.S. Attorney General [with regards to compliance with the federal Voting Rights Act of 1965].
Previous Version of SB 1529 (April 13, 2004):
In a March 30, 2004 letter, Senator McPherson stated that his bill would keep the existing district, its staff and institutional knowledge in place. Key aspects of the April 13, 2004 version included:
Ø The current governance of five directly elected board members from five voter divisions and two appointed board members (a mayor and supervisor who must live within the District) would change. SB 1529 calls for gradual replacement of the current board (when their terms expire) with mayors of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City, and Seaside as well as the County Supervisor representing most of the unincorporated population within the District boundaries.
Ø With the consent of the respective councils, each mayor could appoint a city council member to serve on the Water District Board.
Ø The directors should exercise their independent judgment, representing the public interest, not just the interest of their city or area.
Ø In conducting District business, each board member has one vote. However, any member of the Board can require that an ordinance, resolution or motion pass with the majority of the Board members and a majority of the Board members who represent a majority of the District’s population.
Ø There would no longer be a requirement for a public vote to approve or fund an MPWMD-sponsored water project. The Board would need to adopt a resolution to issue revenue bonds. There would no longer be a requirement for a public vote to approve revenue bonds issued by MPWMD to construct a water project.
Ø The resolution to issue revenue bonds is subject to a voter referendum in accordance with the Elections Code Section 9341.
Ø SB 1529 would not take effect until “pre-cleared” by the U.S. Attorney General with regards to compliance with the federal Voting Rights Act of 1965.
At its the May 2, 2003 MPWMD public meeting, the MPWMD Board adopted Resolution 2003-01 authorizing the Chairperson or his designee to take appropriate action to oppose SB 149 as it existed at that time. Examples of action include communication with and education of legislators, political consultant assistance, and making presentations at various types of meetings. The Resolution describes the reasons for opposing SB 149, which relate primarily to diminished or eliminated voting rights.
At its March 31, 2004 meeting, the MPWMD Board voted 5-1 to oppose the March 30, 2004 version of the bill, especially sections relating to the governance structure. Dialog with the Senator continued. At its April 19, 2004 meeting, the Board voted 4-2 to retain a consultant to represent the District’s interests in Sacramento and reaffirmed its opposition to SB 1529 (April 13, 2004 version). A legislative committee comprised of Chairman Alvin Edwards and Director Dave Potter was assigned to continue to dialog with Senator McPherson and local mayors. A news release dated April 20, 2004 (attached) provides more information.
At a special meeting scheduled for June 16, 2004, the MPWMD Board will consider a resolution in opposition to SB 1529 as currently written (June 7, 2004 version).
For either the Senate or Assembly websites, click on “Legislation.” Then fill out information for the website to search for the bill as follows: For “House”, click on “Senate” because that is where the bill originated. Then, enter the bill number “SB 1529” and “McPherson” as the author, and click on “search.” There will be a variety of information on the bill from that point. Click on “Status” to learn where the bill currently is in the legislative process and the date of the next scheduled action. Click on “History” to see a listing of changes and action over time. Click on “Text” for a complete printout of the version you select.
The Monterey Peninsula is represented by State Senator Bruce McPherson and State Assembly Member John Laird. You can write your legislators at the following addresses:
To reach legislators in Sacramento, write:
Honorable _____ (insert Assembly member’s name)
California State Assembly
PO Box 942849
Sacramento, CA 94249-0001
Honorable _____ (insert Senator’s name)
California State Senate
PO Box 942848
Sacramento, CA 94248-0001
U:\staff\word\boardpacket\2004\2004boardpacket\20040616\01\item1_exh1c.doc
Prepared June 10, 2004 at 4:30 PM by Henrietta Stern