| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate August 19, 2021 Amended IN Senate August 16, 2021 Amended IN Senate July 01, 2021 Amended IN Assembly May 24, 2021 Amended IN Assembly April 19, 2021 Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1021Introduced by Assembly Member MayesFebruary 18, 2021An act to add Section 56378.2 to the Government Code, and to add Section 21562.6 to the Water Code, relating to irrigation districts, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1021, as amended, Mayes. Imperial Irrigation District.(1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Under the act, each local agency formation commission is required to initiate and make studies of existing governmental agencies, including, but not limited to, studies to determine each local agencys maximum service area and service capacities.This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program.(2)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 districts boundaries.This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members, with the additional director being a nonvoting member with all of the other rights as the existing directors with regard to electrical issues, as defined, presented before the board, as specified, and meeting certain qualifications. The bill would require the nonvoting director to be appointed by the county supervisor who represents the largest amount of population in the electrical service area. The bill would require the nonvoting director to serve a term of 4 years. The bill would require the nonvoting director to represent the electrical service area and to live in the service area at the time of their appointment and throughout their tenure on the board, and if the nonvoting director relocates outside of the electrical service area, the directors membership on the board would terminate and a new member would be required to be appointed. The bill would require that, on December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60% or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board terminate, and membership of the board of directors decrease from 6 to 5. The above provisions would become operative on January 1, 2023.By imposing new duties on local government relating to appointment of the nonvoting director, the bill would impose a state-mandated local program. (3)(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District.(4)(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, 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.(5)(4) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56378.2 is added to the Government Code, to read:56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries.SEC. 2.Section 21562.6 is added to the Water Code, to read:21562.6.(a)This section applies to the Imperial Irrigation District and shall become operative on January 1, 2023.(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 shall increase from five to six.(c)(1)The director of the board added pursuant to subdivision (b) shall be a nonvoting director with all of the other rights as existing directors with regard to electrical issues presented before the board.(2)The General Counsel of the Imperial Irrigation District shall determine which issues before the board are electrical issues. The nonvoting director may request in writing a rationale from the General Counsel of the Imperial Irrigation District when the General Counsel of the Imperial Irrigation District determines the issue before the board solely relates to the districts irrigation or water services and therefore is not an electrical issue.(d)The nonvoting director shall be appointed by the county supervisor who represents the largest amount of population in the electrical service area.(e)The nonvoting director shall represent the electrical service area and shall live in the service area at the time of their appointment and throughout their tenure on the board. If the nonvoting director relocates outside of the electrical service area, the directors membership on the board shall terminate and a new member shall be appointed.(f)The nonvoting director shall serve a term of four years.(g)On December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60 percent or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board shall terminate, and membership of the board of directors shall decrease from six to five.(h)The nonvoting director shall comply with Section 1126 of the Government Code. (i)For the purposes of this section, the following definitions apply:(1)Electrical issue means any issue before the board that does not solely relate to the Imperial Irrigation Districts irrigation or water services.(2)Electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries.SEC. 3.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District.SEC. 4.SEC. 3. 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.SEC. 5.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate August 19, 2021 Amended IN Senate August 16, 2021 Amended IN Senate July 01, 2021 Amended IN Assembly May 24, 2021 Amended IN Assembly April 19, 2021 Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1021Introduced by Assembly Member MayesFebruary 18, 2021An act to add Section 56378.2 to the Government Code, and to add Section 21562.6 to the Water Code, relating to irrigation districts, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1021, as amended, Mayes. Imperial Irrigation District.(1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Under the act, each local agency formation commission is required to initiate and make studies of existing governmental agencies, including, but not limited to, studies to determine each local agencys maximum service area and service capacities.This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program.(2)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 districts boundaries.This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members, with the additional director being a nonvoting member with all of the other rights as the existing directors with regard to electrical issues, as defined, presented before the board, as specified, and meeting certain qualifications. The bill would require the nonvoting director to be appointed by the county supervisor who represents the largest amount of population in the electrical service area. The bill would require the nonvoting director to serve a term of 4 years. The bill would require the nonvoting director to represent the electrical service area and to live in the service area at the time of their appointment and throughout their tenure on the board, and if the nonvoting director relocates outside of the electrical service area, the directors membership on the board would terminate and a new member would be required to be appointed. The bill would require that, on December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60% or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board terminate, and membership of the board of directors decrease from 6 to 5. The above provisions would become operative on January 1, 2023.By imposing new duties on local government relating to appointment of the nonvoting director, the bill would impose a state-mandated local program. (3)(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District.(4)(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, 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.(5)(4) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate August 19, 2021 Amended IN Senate August 16, 2021 Amended IN Senate July 01, 2021 Amended IN Assembly May 24, 2021 Amended IN Assembly April 19, 2021 Amended IN Assembly March 18, 2021 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 07, 2021 | |
| 8 | - | Passed IN Senate September 01, 2021 | |
| 9 | - | Passed IN Assembly September 02, 2021 | |
| 10 | 7 | Amended IN Senate August 19, 2021 | |
| 11 | 8 | Amended IN Senate August 16, 2021 | |
| 12 | 9 | Amended IN Senate July 01, 2021 | |
| 13 | 10 | Amended IN Assembly May 24, 2021 | |
| 14 | 11 | Amended IN Assembly April 19, 2021 | |
| 15 | 12 | Amended IN Assembly March 18, 2021 | |
| 16 | 13 | ||
| 17 | 14 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 18 | 15 | ||
| 19 | 16 | Assembly Bill | |
| 20 | 17 | ||
| 21 | 18 | No. 1021 | |
| 22 | 19 | ||
| 23 | 20 | Introduced by Assembly Member MayesFebruary 18, 2021 | |
| 24 | 21 | ||
| 25 | 22 | Introduced by Assembly Member Mayes | |
| 26 | 23 | February 18, 2021 | |
| 27 | 24 | ||
| 28 | - | An act to add Section 56378.2 to the Government Code, relating to irrigation districts, and declaring the urgency thereof, to take effect immediately. | |
| 25 | + | An act to add Section 56378.2 to the Government Code, and to add Section 21562.6 to the Water Code, relating to irrigation districts, and declaring the urgency thereof, to take effect immediately. | |
| 29 | 26 | ||
| 30 | 27 | LEGISLATIVE COUNSEL'S DIGEST | |
| 31 | 28 | ||
| 32 | 29 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 33 | 30 | ||
| 34 | - | AB 1021, Mayes. Imperial Irrigation District. | |
| 31 | + | AB 1021, as amended, Mayes. Imperial Irrigation District. | |
| 35 | 32 | ||
| 36 | - | (1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Under the act, each local agency formation commission is required to initiate and make studies of existing governmental agencies, including, but not limited to, studies to determine each local agencys maximum service area and service capacities.This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District.(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, 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.(4) This bill would declare that it is to take effect immediately as an urgency statute. | |
| 33 | + | (1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Under the act, each local agency formation commission is required to initiate and make studies of existing governmental agencies, including, but not limited to, studies to determine each local agencys maximum service area and service capacities.This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program.(2)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 districts boundaries.This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members, with the additional director being a nonvoting member with all of the other rights as the existing directors with regard to electrical issues, as defined, presented before the board, as specified, and meeting certain qualifications. The bill would require the nonvoting director to be appointed by the county supervisor who represents the largest amount of population in the electrical service area. The bill would require the nonvoting director to serve a term of 4 years. The bill would require the nonvoting director to represent the electrical service area and to live in the service area at the time of their appointment and throughout their tenure on the board, and if the nonvoting director relocates outside of the electrical service area, the directors membership on the board would terminate and a new member would be required to be appointed. The bill would require that, on December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60% or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board terminate, and membership of the board of directors decrease from 6 to 5. The above provisions would become operative on January 1, 2023.By imposing new duties on local government relating to appointment of the nonvoting director, the bill would impose a state-mandated local program. (3)(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District.(4)(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, 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.(5)(4) This bill would declare that it is to take effect immediately as an urgency statute. | |
| 37 | 34 | ||
| 38 | 35 | (1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Under the act, each local agency formation commission is required to initiate and make studies of existing governmental agencies, including, but not limited to, studies to determine each local agencys maximum service area and service capacities. | |
| 39 | 36 | ||
| 40 | - | This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program. | |
| 37 | + | This bill would require the local agency formation commissions for the County of Imperial and the County of Riverside to conduct and publish on their internet websites a joint study of options for providing continued publicly owned and managed electrical service in perpetuity to the Imperial Irrigation Districts electrical service area area, as defined, customers and options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters, as specified. The bill would require the study to be published no later than July 1, 2022. By imposing new duties on the specified local agency formation commissions, the bill would impose a state-mandated local program. | |
| 38 | + | ||
| 39 | + | (2)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 districts boundaries. | |
| 40 | + | ||
| 41 | + | ||
| 42 | + | ||
| 43 | + | This bill would require the membership of the board of directors of the Imperial Irrigation District to increase from 5 to 6 members, with the additional director being a nonvoting member with all of the other rights as the existing directors with regard to electrical issues, as defined, presented before the board, as specified, and meeting certain qualifications. The bill would require the nonvoting director to be appointed by the county supervisor who represents the largest amount of population in the electrical service area. The bill would require the nonvoting director to serve a term of 4 years. The bill would require the nonvoting director to represent the electrical service area and to live in the service area at the time of their appointment and throughout their tenure on the board, and if the nonvoting director relocates outside of the electrical service area, the directors membership on the board would terminate and a new member would be required to be appointed. The bill would require that, on December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60% or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board terminate, and membership of the board of directors decrease from 6 to 5. The above provisions would become operative on January 1, 2023. | |
| 44 | + | ||
| 45 | + | ||
| 46 | + | ||
| 47 | + | By imposing new duties on local government relating to appointment of the nonvoting director, the bill would impose a state-mandated local program. | |
| 48 | + | ||
| 49 | + | ||
| 50 | + | ||
| 51 | + | (3) | |
| 52 | + | ||
| 53 | + | ||
| 41 | 54 | ||
| 42 | 55 | (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District. | |
| 56 | + | ||
| 57 | + | (4) | |
| 58 | + | ||
| 59 | + | ||
| 43 | 60 | ||
| 44 | 61 | (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. | |
| 45 | 62 | ||
| 46 | 63 | 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. | |
| 64 | + | ||
| 65 | + | (5) | |
| 66 | + | ||
| 67 | + | ||
| 47 | 68 | ||
| 48 | 69 | (4) This bill would declare that it is to take effect immediately as an urgency statute. | |
| 49 | 70 | ||
| 50 | 71 | ## Digest Key | |
| 51 | 72 | ||
| 52 | 73 | ## Bill Text | |
| 53 | 74 | ||
| 54 | - | The people of the State of California do enact as follows:SECTION 1. Section 56378.2 is added to the Government Code, to read:56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District.SEC. 3. 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.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 75 | + | The people of the State of California do enact as follows:SECTION 1. Section 56378.2 is added to the Government Code, to read:56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries.SEC. 2.Section 21562.6 is added to the Water Code, to read:21562.6.(a)This section applies to the Imperial Irrigation District and shall become operative on January 1, 2023.(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 shall increase from five to six.(c)(1)The director of the board added pursuant to subdivision (b) shall be a nonvoting director with all of the other rights as existing directors with regard to electrical issues presented before the board.(2)The General Counsel of the Imperial Irrigation District shall determine which issues before the board are electrical issues. The nonvoting director may request in writing a rationale from the General Counsel of the Imperial Irrigation District when the General Counsel of the Imperial Irrigation District determines the issue before the board solely relates to the districts irrigation or water services and therefore is not an electrical issue.(d)The nonvoting director shall be appointed by the county supervisor who represents the largest amount of population in the electrical service area.(e)The nonvoting director shall represent the electrical service area and shall live in the service area at the time of their appointment and throughout their tenure on the board. If the nonvoting director relocates outside of the electrical service area, the directors membership on the board shall terminate and a new member shall be appointed.(f)The nonvoting director shall serve a term of four years.(g)On December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60 percent or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board shall terminate, and membership of the board of directors shall decrease from six to five.(h)The nonvoting director shall comply with Section 1126 of the Government Code. (i)For the purposes of this section, the following definitions apply:(1)Electrical issue means any issue before the board that does not solely relate to the Imperial Irrigation Districts irrigation or water services.(2)Electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries.SEC. 3.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District.SEC. 4.SEC. 3. 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.SEC. 5.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 55 | 76 | ||
| 56 | 77 | The people of the State of California do enact as follows: | |
| 57 | 78 | ||
| 58 | 79 | ## The people of the State of California do enact as follows: | |
| 59 | 80 | ||
| 60 | - | SECTION 1. Section 56378.2 is added to the Government Code, to read:56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 81 | + | SECTION 1. Section 56378.2 is added to the Government Code, to read:56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 61 | 82 | ||
| 62 | 83 | SECTION 1. Section 56378.2 is added to the Government Code, to read: | |
| 63 | 84 | ||
| 64 | 85 | ### SECTION 1. | |
| 65 | 86 | ||
| 66 | - | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 87 | + | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 67 | 88 | ||
| 68 | - | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 89 | + | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 69 | 90 | ||
| 70 | - | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 91 | + | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following:(1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934.(2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District.(b) The joint study described in subdivision (a) shall be published no later than July 1, 2022.(c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 71 | 92 | ||
| 72 | 93 | ||
| 73 | 94 | ||
| 74 | 95 | 56378.2. (a) Notwithstanding any other law, the commissions for the County of Imperial and the County of Riverside shall conduct and publish on their internet websites a joint study of both of the following: | |
| 75 | 96 | ||
| 76 | 97 | (1) Options for providing continued publicly owned and managed electrical service in perpetuity to Imperial Irrigation District electrical service area customers prior to, and after, the expiration of the 99-year lease for power rights made between the Imperial Irrigation District and the Coachella Valley Water District in 1934. | |
| 77 | 98 | ||
| 78 | - | (2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical service area to provide for proportional representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors and shall not affect the water service area boundaries of the Imperial Irrigation District. | |
| 99 | + | (2) Options for alternative governance structures that would extend voting rights to registered voters who reside within the Imperial Irrigation District electrical services service area to provide for proportional representationon representation on a governing board that will have primary jurisdiction on all electrical service matters. Any findings shall isolate water rights and management as the sole responsibility of the current Imperial Irrigation District board of directors. directors and shall not affect the water service area boundaries of the Imperial Irrigation District. | |
| 79 | 100 | ||
| 80 | 101 | (b) The joint study described in subdivision (a) shall be published no later than July 1, 2022. | |
| 81 | 102 | ||
| 82 | 103 | (c) For the purposes of this section, electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 83 | 104 | ||
| 84 | - | SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 85 | 105 | ||
| 86 | - | SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 87 | 106 | ||
| 88 | - | SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 89 | 107 | ||
| 90 | - | ### SEC. 2. | |
| 91 | 108 | ||
| 92 | - | ||
| 109 | + | (a)This section applies to the Imperial Irrigation District and shall become operative on January 1, 2023. | |
| 93 | 110 | ||
| 94 | - | SEC. 3. 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. | |
| 95 | 111 | ||
| 96 | - | SEC. 3. 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. | |
| 97 | 112 | ||
| 98 | - | ||
| 113 | + | (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 shall increase from five to six. | |
| 99 | 114 | ||
| 100 | - | SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 101 | 115 | ||
| 102 | - | SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 103 | 116 | ||
| 104 | - | ||
| 117 | + | (c)(1)The director of the board added pursuant to subdivision (b) shall be a nonvoting director with all of the other rights as existing directors with regard to electrical issues presented before the board. | |
| 105 | 118 | ||
| 106 | - | ### SEC. 4. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | (2)The General Counsel of the Imperial Irrigation District shall determine which issues before the board are electrical issues. The nonvoting director may request in writing a rationale from the General Counsel of the Imperial Irrigation District when the General Counsel of the Imperial Irrigation District determines the issue before the board solely relates to the districts irrigation or water services and therefore is not an electrical issue. | |
| 122 | + | ||
| 123 | + | ||
| 124 | + | ||
| 125 | + | (d)The nonvoting director shall be appointed by the county supervisor who represents the largest amount of population in the electrical service area. | |
| 126 | + | ||
| 127 | + | ||
| 128 | + | ||
| 129 | + | (e)The nonvoting director shall represent the electrical service area and shall live in the service area at the time of their appointment and throughout their tenure on the board. If the nonvoting director relocates outside of the electrical service area, the directors membership on the board shall terminate and a new member shall be appointed. | |
| 130 | + | ||
| 131 | + | ||
| 132 | + | ||
| 133 | + | (f)The nonvoting director shall serve a term of four years. | |
| 134 | + | ||
| 135 | + | ||
| 136 | + | ||
| 137 | + | (g)On December 31, 2032, or if before that date the Imperial Irrigation District no longer serves electricity to 60 percent or more of its existing electric customers within the electrical service area, the nonvoting directors membership on the board shall terminate, and membership of the board of directors shall decrease from six to five. | |
| 138 | + | ||
| 139 | + | ||
| 140 | + | ||
| 141 | + | (h)The nonvoting director shall comply with Section 1126 of the Government Code. | |
| 142 | + | ||
| 143 | + | ||
| 144 | + | ||
| 145 | + | (i)For the purposes of this section, the following definitions apply: | |
| 146 | + | ||
| 147 | + | ||
| 148 | + | ||
| 149 | + | (1)Electrical issue means any issue before the board that does not solely relate to the Imperial Irrigation Districts irrigation or water services. | |
| 150 | + | ||
| 151 | + | ||
| 152 | + | ||
| 153 | + | (2)Electrical service area means the area where the district provides retail electrical service that is outside of the districts boundaries. | |
| 154 | + | ||
| 155 | + | ||
| 156 | + | ||
| 157 | + | SEC. 3.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 158 | + | ||
| 159 | + | SEC. 3.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 160 | + | ||
| 161 | + | SEC. 3.SEC. 2. 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 conditions unique to the Counties of Imperial and Riverside and the Imperial Irrigation District. | |
| 162 | + | ||
| 163 | + | ### SEC. 3.SEC. 2. | |
| 164 | + | ||
| 165 | + | SEC. 4.SEC. 3. 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. | |
| 166 | + | ||
| 167 | + | SEC. 4.SEC. 3. 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. | |
| 168 | + | ||
| 169 | + | SEC. 4.SEC. 3. 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. | |
| 170 | + | ||
| 171 | + | ### SEC. 4.SEC. 3. | |
| 172 | + | ||
| 173 | + | SEC. 5.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 174 | + | ||
| 175 | + | SEC. 5.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. | |
| 176 | + | ||
| 177 | + | SEC. 5.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 178 | + | ||
| 179 | + | ### SEC. 5.SEC. 4. | |
| 107 | 180 | ||
| 108 | 181 | Due to the extreme conditions the state is facing regarding energy, it is necessary for the Imperial Irrigation District to address these issues affecting customers within their service area as soon as possible. |