BILL NUMBER: SB 1191	CHAPTERED
	BILL TEXT

	CHAPTER  70
	FILED WITH SECRETARY OF STATE  JULY 8, 2008
	APPROVED BY GOVERNOR  JULY 8, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  JUNE 19, 2008
	AMENDED IN ASSEMBLY  MAY 15, 2008
	AMENDED IN SENATE  APRIL 8, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Alquist
   (Principal coauthor: Assembly Member Berg)
   (Coauthor: Senator Hollingsworth)
   (Coauthor: Assembly Member Lieber)

                        FEBRUARY 12, 2008

   An act to amend Sections 61100 and 61105 of the Government Code,
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1191, Alquist. Local government: community service districts.
   (1) Existing law authorizes a community services district to be
formed to, among other things, provide fire protection services,
organize, promote, conduct, and advertise programs of community
recreation, provide transportation services, abate graffiti, and
construct, maintain, and operate mailboxes.
   This bill would authorize a community services district to
construct, own, improve, maintain, and operate broadband facilities
and to provide broadband services, under specified circumstances,
until a private person or entity is ready, willing, and able to
acquire, construct, improve, maintain, and operate broadband
facilities and to provide broadband services, and to sell those
services at a comparable cost and quality of service to the district
and its property owners, residents, and visitors.
   (2) Existing law provides that the Mountain House Community
Services District is not authorized to operate television, cable, or
telecommunications systems.
   This bill would instead provide that the district is not
authorized to operate television, cable, or telecommunications
systems except as provided for community services districts with
respect to broadband services.


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

  SECTION 1.  Section 61100 of the Government Code is amended to
read:
   61100.  Within its boundaries, a district may do any of the
following:
   (a) Supply water for any beneficial uses, in the same manner as a
municipal water district, formed pursuant to the Municipal Water
District Law of 1911, Division 20 (commencing with Section 71000) of
the Water Code. In the case of any conflict between that division and
this division, the provisions of this division shall prevail.
   (b) Collect, treat, or dispose of sewage, wastewater, recycled
water, and storm water, in the same manner as a sanitary district,
formed pursuant to the Sanitary District Act of 1923, Division 6
(commencing with Section 6400) of the Health and Safety Code. In the
case of any conflict between that division and this division, the
provisions of this division shall prevail.
   (c) Collect, transfer, and dispose of solid waste, and provide
solid waste handling services, including, but not limited to, source
reduction, recycling, and composting activities, pursuant to Division
30 (commencing with Section 40000), and consistent with Section
41821.2 of the Public Resources Code.
   (d) Provide fire protection services, rescue services, hazardous
material emergency response services, and ambulance services in the
same manner as a fire protection district, formed pursuant to the
Fire Protection District Law, Part 2.7 (commencing with Section
13800) of Division 12 of the Health and Safety Code.
   (e) Acquire, construct, improve, maintain, and operate recreation
facilities, including, but not limited to, parks and open space, in
the same manner as a recreation and park district formed pursuant to
the Recreation and Park District Law, Chapter 4 (commencing with
Section 5780) of Division 5 of the Public Resources Code.
   (f) Organize, promote, conduct, and advertise programs of
community recreation, in the same manner as a recreation and park
district formed pursuant to the Recreation and Park District Law,
Chapter 4 (commencing with Section 5780) of Division 5 of the Public
Resources Code.
   (g) Acquire, construct, improve, maintain, and operate street
lighting and landscaping on public property, public rights-of-way,
and public easements.
   (h) Provide for the surveillance, prevention, abatement, and
control of vectors and vectorborne diseases in the same manner as a
mosquito abatement and vector control district formed pursuant to the
Mosquito Abatement and Vector Control District Law, Chapter 1
(commencing with Section 2000) of Division 3 of the Health and Safety
Code.
   (i) Provide police protection and law enforcement services by
establishing and operating a police department that employs peace
officers pursuant to Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code.
   (j) Provide security services, including, but not limited to,
burglar and fire alarm services, to protect lives and property.
   (k) Provide library services, in the same manner as a library
district formed pursuant to either Chapter 8 (commencing with Section
19400) or Chapter 9 (commencing with Section 19600) of Part 11 of
the Education Code.
   (l) Acquire, construct, improve, and maintain streets, roads,
rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks,
and any incidental works. A district shall not acquire, construct,
improve, or maintain any work owned by another public agency unless
that other public agency gives its written consent.
   (m) Convert existing overhead electric and communications
facilities, with the consent of the public agency or public utility
that owns the facilities, to underground locations pursuant to
Chapter 28 (commencing with Section 5896.1) of Part 3 of Division 7
of the Streets and Highways Code.
   (n) Provide emergency medical services pursuant to the Emergency
Medical Services System and the Prehospital Emergency Medical Care
Personnel Act, Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
   (o) Provide and maintain public airports and landing places for
aerial traffic, in the same manner as an airport district formed
pursuant to the California Airport District Act, Part 2 (commencing
with Section 22001) of Division 9 of the Public Utilities Code.
   (p) Provide transportation services.
   (q) Abate graffiti.
   (r) Plan, design, construct, improve, maintain, and operate flood
protection facilities. A district shall not plan, design, construct,
improve, maintain, or operate flood protection facilities within the
boundaries of another special district that provides those facilities
unless the other special district gives its written consent. A
district shall not plan, design, construct, improve, maintain, or
operate flood protection facilities in unincorporated territory
unless the board of supervisors gives its written consent. A district
shall not plan, design, construct, improve, maintain, or operate
flood protection facilities within a city unless the city council
gives its written consent.
   (s) Acquire, construct, improve, maintain, and operate community
facilities, including, but not limited to, community centers,
libraries, theaters, museums, cultural facilities, and child care
facilities.
   (t) Abate weeds and rubbish pursuant to Part 5 (commencing Section
14875) of the Health and Safety Code. For that purpose, the board of
directors shall be deemed to be a "board of supervisors" and
district employees shall be deemed to be the "persons" designated by
Section 14890 of the Health and Safety Code.
   (u) Acquire, construct, improve, maintain, and operate
hydroelectric power generating facilities and transmission lines,
consistent with the district's water supply and wastewater
operations. The power generated shall be used for district purposes,
or sold to a public utility or another public agency that generates,
uses, or sells electrical power. A district shall not acquire
hydroelectric power generating facilities unless the facilities'
owner agrees.
   (v) Acquire, construct, improve, maintain, and operate television
translator facilities.
   (w) Remove snow from public streets, roads, easements, and
rights-of-way. A district may remove snow from public streets, roads,
easements, and rights-of-way owned by another public agency, only
with the written consent of that other public agency.
   (x) Provide animal control services pursuant to Section 30501 of
the Food and Agricultural Code. Whenever the term "board of
supervisors," "county," "county clerk," or "animal control officer"
is used in Division 14 (commencing with Section 30501) of the Food
and Agricultural Code, those terms shall also be deemed to include
the board of directors of a district, a district, the general manager
of the district, or the animal control officer of a district,
respectively. A district shall not provide animal control services in
unincorporated territory unless the county board of supervisors
gives its written consent. A district shall not provide animal
control services within a city unless the city council gives its
written consent.
   (y) Control, abate, and eradicate pests, in the same manner as a
pest abatement district, formed pursuant to Chapter 8 (commencing
with Section 2800) of Division 3 of the Health and Safety Code. A
district's program to control, abate, or eradicate local pine bark
beetle infestations shall be consistent with any required plan or
program approved by the Department of Forestry and Fire Protection.
   (z) Construct, maintain, and operate mailboxes on a district's
property or rights-of-way.
   (aa) Provide mail delivery service under contract to the United
States Postal Service.
   (ab) Own, operate, improve, and maintain cemeteries and provide
interment services, in the same manner as a public cemetery district,
formed pursuant to the Public Cemetery District Law, Part 4
(commencing with Section 9000) of Division 8 of the Health and Safety
Code.
   (ac) Finance the operations of area planning commissions formed
pursuant to Section 65101.
   (ad) Finance the operations of municipal advisory councils formed
pursuant to Section 31010.
   (ae) Acquire, own, improve, maintain, and operate land within or
without the district for habitat mitigation or other environmental
protection purposes to mitigate the effects of projects undertaken by
the district.
   (af) If a private person or entity is unable or unwilling to
deploy broadband service, construct, own, improve, maintain, and
operate broadband facilities and to provide broadband services. For
purposes of this section, broadband has the same meaning as in
subdivision (a) of Section 5830 of the Public Utilities Code. The
district shall first make a reasonable effort to identify a private
person or entity willing to deploy service. The authority granted by
this subdivision shall expire when a private person or entity is
ready, willing, and able to acquire, construct, improve, maintain,
and operate broadband facilities and to provide broadband services,
and to sell those services at a comparable cost and quality of
service as provided by the district. At that time, the district shall
do one of the following:
   (1) Diligently transfer its title, ownership, maintenance,
control, and operation of those broadband facilities and services at
a fair market value to that private person or entity.
   (2) Lease the operation of those broadband facilities at a fair
market value to that private person or entity.
  SEC. 2.  Section 61105 of the Government Code is amended to read:
   61105.  (a) The Legislature finds and declares that the unique
circumstances that exist in certain communities justify the enactment
of special statutes for specific districts. In enacting this
section, the Legislature intends to provide specific districts with
special statutory powers to provide special services and facilities
that are not available to other districts.
   (b) (1) The Los Osos Community Services District may borrow money
from public or private lenders and loan those funds to property
owners within the district to pay for the costs of decommissioning
septic systems and constructing lateral connections on private
property to facilitate the connection of those properties to the
district's wastewater treatment system. The district shall lend money
for this purpose at rates not to exceed its cost of borrowing and
the district's cost of making the loans. The district may require
that the borrower pay the district's reasonable attorney's fees and
administrative costs in the event that the district is required to
take legal action to enforce the provisions of the contract or note
securing the loan. The district may elect to have the debt payments
or any delinquency collected on the tax roll pursuant to Section
61116. To secure the loan as a lien on real property, the district
shall follow the procedures for the creation of special tax liens in
Section 53328.3 of this code and Section 3114.5 of the Streets and
Highways Code.
   (2) (A) Except as otherwise provided in this paragraph, on and
after January 1, 2007, the Los Osos Community Services District shall
not undertake any efforts to design, construct, and operate a
community wastewater collection and treatment system within, or for
the benefit of, the district. The district shall resume those powers
on the date specified in any resolution adopted pursuant to
subdivision (j) of Section 25825.5.
   (B) Nothing in this paragraph shall affect the district's power to
do any of the following:
   (i) Operate wastewater collection and treatment facilities within
the district that the district was operating on January 1, 2006.
   (ii) Provide facilities and services in the territory that is
within the district, but outside the prohibition zone.
   (iii) Provide facilities and services, other than wastewater
collection and treatment, within the prohibition zone.
   (C) Promptly upon the adoption of a resolution by the Board of
Supervisors of the County of San Luis Obispo requesting this action
pursuant to subdivision (h) of Section 25825.5, the district shall
convey to the County of San Luis Obispo all retained rights-of-way,
licenses, other interests in real property, funds, and other personal
property previously acquired by the district in connection with
construction projects for which the district awarded contracts in
2005.
   (c) The Heritage Ranch Community Services District may acquire,
construct, improve, maintain, and operate petroleum storage tanks and
related facilities for its own use, and sell those petroleum
products to the district's property owners, residents, and visitors.
The authority granted by this subdivision shall expire when a private
person or entity is ready, willing, and able to acquire, construct,
improve, maintain, and operate petroleum storage tanks and related
facilities, and sell those petroleum products to the district and its
property owners, residents, and visitors. At that time, the district
shall either (1) diligently transfer its title, ownership,
maintenance, control, and operation of those petroleum tanks and
related facilities at a fair market value to that private person or
entity, or (2) lease the operation of those petroleum tanks and
related facilities at a fair market value to that private person or
entity.
   (d) The Wallace Community Services District may acquire, own,
maintain, control, or operate the underground gas distribution
pipeline system located and to be located within Wallace Lake Estates
for the purpose of allowing a privately owned provider of liquefied
petroleum gas to use the underground gas distribution system pursuant
to a mutual agreement between the private provider and the district
or the district's predecessor in interest. The district shall require
and receive payment from the private provider for the use of that
system. The authority granted by this subdivision shall expire when
the Pacific Gas and Electric Company is ready, willing, and able to
provide natural gas service to the residents of Wallace Lake Estates.
At that time, the district shall diligently transfer its title,
ownership, maintenance, control, and operation of the system to the
Pacific Gas and Electric Company.
   (e) The Cameron Park Community Services District, the El Dorado
Hills Community Services District, the Golden Hills Community
Services District, the Mountain House Community Services District,
the Rancho Murieta Community Services District, the Salton Community
Services District, the Stallion Springs Community Services District,
and the Tenaja Meadows Community Services District, which enforced
covenants, conditions, and restrictions prior to January 1, 2006,
pursuant to the former Section 61601.7 and former Section 61601.10,
may continue to exercise the powers set forth in the former Section
61601.7 and the former Section 61601.10.
   (f) The Bear Valley Community Services District, the Bell Canyon
Community Services District, the Cameron Estates Community Services
District, the Lake Sherwood Community Services District, the Saddle
Creek Community Services District, and the Wallace Community Services
District may, for roads owned by the district and that are not
formally dedicated to or kept open for use by the public for the
purpose of vehicular travel, by ordinance, limit access to and the
use of those roads to the landowners and residents of that district.
   (g) Notwithstanding any other provision of law, the transfer of
the assets of the Stonehouse Mutual Water Company, including its
lands, easements, rights, and obligations to act as sole agent of the
stockholders in exercising the riparian rights of the stockholders,
and rights relating to the ownership, operation, and maintenance of
those facilities serving the customers of the company, to the Hidden
Valley Community Services District is not a transfer subject to taxes
imposed by Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code.
   (h) The El Dorado Hills Community Services District and the Rancho
Murieta Community Services District may each acquire, construct,
improve, maintain, and operate television receiving, translating, or
distribution facilities, provide television and television-related
services to the district and its residents, or authorize the
construction and operation of a cable television system to serve the
district and its residents by franchise or license. In authorizing
the construction and operation of a cable television system by
franchise or license, the district shall have the same powers as a
city or a county under Section 53066.
   (i) The Mountain House Community Services District may provide
facilities for television and telecommunications systems, including
the installation of wires, cables, conduits, fiber optic lines,
terminal panels, service space, and appurtenances required to provide
television, telecommunication, and data transfer services to the
district and its residents, and provide facilities for a cable
television system, including the installation of wires, cables,
conduits, and appurtenances to service the district and its residents
by franchise or license, except that the district may not provide or
install any facilities pursuant to this subdivision unless one or
more cable franchises or licenses have been awarded under Section
53066 and the franchised or licensed cable television and
telecommunications services providers are permitted equal access to
the utility trenches, conduits, service spaces, easements, utility
poles, and rights-of-way in the district necessary to construct their
facilities concurrently with the construction of the district's
facilities. The district shall not have the authority to operate
television, cable, or telecommunications systems, except as provided
in Section 61100. The district shall have the same powers as a city
or county under Section 53066 in granting a franchise or license for
the operation of a cable television system.