Senate Bill 927 signed into law

Senate Bill 927, which allows the Fallbrook Public Utility District (FPUD) to change its method of electing directors from at-large seats to by territorial unit, is now law.

Governor Brown signed SB 927 into law on Aug. 22 following a 77-0 State Assembly vote Aug. 4 which was the final step for passage in the state legislature. Because the bill was introduced as emergency legislation, it took effect immediately and allows FPUD to begin elections by division with the three seats up for election in November 2016.

"We appreciate the quick approval by the legislature and the governor allowing the district to move from at-large to divisional elections," said FPUD general manager Brian Brady.

Section 15972 of the California Public Utilities Code stipulates that if the entirety of a public utility district is in the same county the board shall have five directors elected at large. The Mexican American Legal Defense and Education Fund (MALDEF) believes that FPUD's at-large election system violated the California Voting Rights Act of 2001. MALDEF chose to sue FPUD for following state law rather than suing the state, and in a settlement FPUD's board voted 5-0 March 7 to approve a resolution to change the method of election from at large to by division while also creating a map for the five divisions.

The FPUD action needed enabling state legislation, and State Senator Joel Anderson introduced Senate Bill 927 to allow public utility districts within San Diego County to elect its board members at large or by subdistrict. FPUD is the only public utility district in San Diego County. A previous exemption to the requirement for at-large elections gave public utility districts within Placer County the option of electing its directors at large or by wards. SB 927 was introduced as urgency legislation on the grounds that the change would bring public utility districts in San Diego County into compliance with the California Voting Rights Act. Urgency legislation requires a two-thirds vote in both the State Senate and the State Assembly for passage but takes effect immediately rather than on Jan. 1 of the following year.

The state legislative committee of the Association of California Water Agencies voted for ACWA to endorse SB 927, and the California Special Districts Association also took a position in support of Anderson's legislation. The State Senate referred SB 927 to both the chamber's Governance and Finance Committee and the Elections and Constitutional Amendments Committee. The bill passed out of the Governance and Finance Committee on a 7-0 vote March 30. The Elections and Constitutional Amendments Committee approved passage April 20 by a 5-0 vote. On April 25 the full State Senate voted 38-0, with Patricia Bates and Sharon Runner not voting, to pass SB 927.

The State Senate passage sent the bill to the State Assembly, where it was also initially referred to two committees. The bill passed the Assembly's Committee on Local Government on a 9-0 vote June 15 and the Committee on Elections and Redistricting on a 7-0 vote June 29.

Rocky Chavez, Ken Cooley, and Roger Hernandez did not vote Aug. 4, but other the State Assembly members finalized passage of the bill without any opposing votes. Because the State Assembly language did not differ from the State Senate language, the bill was sent directly to Governor Brown and did not need to return to the State Senate for approval of changes. Governor Brown's signature created Section 15961.6 of the California Public Utilities Code which provides the exemption to San Diego County public utility districts and allows election by subdistricts as nearly equal in population as may be.

"This enacted law fully closes the loop on all legal requirements," said Brady.