BILL NUMBER: ABX2 57	CHAPTERED  10/14/01

	CHAPTER  18
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 14, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 13, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	AMENDED IN SENATE  AUGUST 31, 2001
	AMENDED IN SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 11, 2001
	AMENDED IN ASSEMBLY  JUNE 20, 2001
	AMENDED IN ASSEMBLY  JUNE 13, 2001

INTRODUCED BY   Assembly Members Wiggins, Alquist, and Thomson

                        MAY 24, 2001

   An act to amend Section 11652 of the Public Utilities Code,
relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 57, Wiggins.  Municipal utility districts :  public agencies.
   (1) Existing law authorizes any public agency together with
unincorporated territory, or 2 or more public agencies, with or
without unincorporated territory, to organize and incorporate as a
municipal utility district by filing a resolution or petition.
Existing law requires the board of supervisors to whom the resolution
or petition is presented to call an election within the proposed
district and to canvass the returns of each public agency and each
parcel of unincorporated territory.  The board of supervisors is
required to order and declare the district created and established of
the public agencies and territory in which a majority of those who
voted did so in favor of the creation of the district if the total
number of voters in the approving public agencies and territory is
not less than 2/3 the number of voters within the district as first
proposed, according to the register used at the election.
   This bill would recast and reorganize these provisions.  The bill
would require that the number of registered voters in the approving
public agencies and territory be not less than 2/3 the number of
registered voters within the district as proposed to the voters, in
order to declare the district created where a majority of those who
voted did so in favor of the district.  The bill would provide that
those public agencies and parcels of unincorporated territory in
which a majority of those persons voting did not vote in favor of the
creation of the district shall be excluded from the district.
   (2) This bill would incorporate changes to Section 11652 of the
Public Utilities Code, proposed by SB 23 2X, to be operative, as
specified, only if SB 23 2X and this bill are both chaptered and
become effective, and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11652 of the Public Utilities Code is amended
to read:
   11652.  (a) The board of supervisors shall canvass, separately,
the returns of each public agency and each parcel of unincorporated
territory, if any.
   (b) Subject to subdivision (c), the board of supervisors shall
declare a district created and established of those public agencies
and parcels of unincorporated territory in which a majority of those
persons who voted did so in favor of the creation of the district.
Those public agencies and parcels of unincorporated territory in
which a majority of those persons voting did not vote in favor of the
creation of the district shall be excluded from the district.
   (c) A district may be created and established pursuant to
subdivision (b) only if the number of registered voters in the
approving public agencies and parcels of unincorporated territory is
two-thirds or more of the total number of registered voters within
the district as proposed to the voters.
  SEC. 2.  Section 11652 of the Public Utilities Code is amended to
read:
   11652.  The board of supervisors shall canvass the returns of each
public agency and each parcel of unincorporated territory, if any,
separately, and shall order and declare the district created and
established of only the public agencies and territory in which a
majority of those who voted on the proposition voted in favor of the
creation of the district.
  SEC. 3.  Section 1 of this bill amends Section 11652 of the Public
Utilities Code.  Section 2 of this bill amends Section 11652 of the
Public Utilities Code as proposed by SB 23 2X.  If both this bill and
SB 23 2X are enacted and become effective, and each bill amends
Section 11652 of the Public Utilities Code, and this bill is enacted
after SB 23 2X, Section 2 of this bill shall be operative from the
effective date of this bill until January 1, 2007, and shall become
inoperative on January 1, 2007, and Section 1 of this bill shall
become operative on January 1, 2007.  If this bill is enacted and
becomes effective, and SB 23 2X is not enacted and does not become
effective, then Section 1 of this bill shall become operative on the
effective date of this bill, and Section 2 of this bill shall not
become operative.