HomeMy WebLinkAbout06.b.1) (Handout) Legislative UpdateCentral Contra Costa Sanitary District
District Counsel Legislative Update
January 12, 2012 Board Meeting
By: Kenton L. Alm
AB 23 (Smythe)
Local Agencies Simultaneous Meetings
(CASA Position — Work with Author)
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This bill requires the clerk (Secretary of the District) or Board Member to verbally announce
whether compensation or a stipend will be paid, and how much, as a result of convening
simultaneous serial meetings of the legislative body. This would apply to the convening of the
Central Contra Costa Sanitary District Financing Authority within a Board meeting and under
similar circumstances.
AB 187 (Lara�
High Risk Local Government Audits
(CASA Position — Watch)
This bill adds Section 8546.10 to the Government Code providing authority to the State Auditor
to establish a high risk local governmental agency audit program for the purpose of identifying,
auditing and issuing reports on local agencies that are deemed to be a high risk for potential
waste, fraud, abuse or mismanagement or has major challenges with its economy or
effectiveness. The State Auditor is required to notify the Joint Legislative Audit Committee
whenever he or she identifies a local government as high risk and shall provide an Annual
Report on all audits in progress.
AB 646 (Atkins)
Labor Negotiations: Fact Finding
(CASA Position — To Oppose)
This bill adds provisions to the Government Code which sets up a procedure where an
employee organization may request, after state mediation has occurred, that remaining issues and
controversies be submitted to a fact finding panel under the Public Employee Relations Board
(PERB). The fact finding panel is authorized to make investigations, hold hearings, issue
subpoenas, and make findings of fact and recommend terms of settlement. The
recommendations of fact finding panels are advisory only, but the findings are to be made public
within 10 days of their receipt.
Central Contra Costa Sanitary District
District Counsel Legislative Update
January 12, 2012 Board Meeting
Page 2 of 3
AB 741 (Huffman)
Financing of Septic System Replacement and Lateral Connections to Public Sewers
(CASA Position — To Support)
This bill amends Sections 5464 and the following of the Health and Safety Code providing
alternative procedure for financing the replacement of on -site septic systems and installation of
the laterals to connect private properties to a public sewer project. This bill allows for the public
agency to pay for the construction and connection to the public sewer system and require
payment by the property owner over a 30 -year period with an interest rate not to exceed 120 0.
The connection and improvement shall constitute alien against the respective lots or parcels.
This new procedure will allow for collection of those charges on the tax roll in a manner similar
to the collection of sewer service charges. This new provision is specifically limited to
conversion of properties from septic systems and connecting them to a public sewer, and
replacing and repairing existing laterals which are connected to the public sewer system.
SB 1344 (Feuer)
Evergreen Public Employment Contract
(CASA Position — Watch)
This bill includes several unrelated procedural provisions concerning public meetings and public
contracts for executives. The first provision prohibits an automatic renewal of a local agency
executive employment contract that provides for automatic compensation increase in excess of a
cost of living adjustment and limits maximum amount of cash settlement under severance
provisions. The bill also requires that new executive contracts include a provision that an
employee who is convicted of a crime involving an abuse of his or her position shall fully
reimburse the local agency of specified payments made by that local agency. Perhaps more
importantly, the third provision requires that notice of each regular and special meeting be
included on the local agency website if it has one. It also prohibits a legislative body from
holding a special meeting regarding the salary or compensation for any local agency executive.
SB 293 (Padilla)
Public Contracts Five Percent Retention
(CASA Position — To Oppose)
This bill provides several technical provisions primarily dealing with protection of
subcontractors with regard to time of payment from the prime contractor and the requirements
for filing a 20 -day preliminary notice. The bill sets forth specific procedures for providing an
alternative notice to the surety in lieu of filing a 20 -day preliminary notice under certain
circumstances. This bill also contains new provisions which both limit the retention by public
agencies and prime contractors on public construction contracts to five (50 0) percent.
Central Contra Costa Sanitary District
District Counsel Legislative Update
January 12, 2012 Board Meeting
Page 3 of 3
SB 474 (Evan)
Indemnity and Public Construction Contracts
(CASA Position -
This bill provides that construction contracts entered into after January 1, 2013, that impose on
a public agency contractor, subcontractor or other supplier of goods and services liability for the
active negligence of the public agency are void and unenforceable. Similar provisions are
included with regard to certain private works contractors and contracts between prime
contractors on public works projects and subcontractors.
Your Counsel is available to answer questions and provide further follow up individually or
through additional written materials if any Board member so desires.
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