BILL NUMBER: AB 1232 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to amend Section 56430 of add
Section 56375.2 to the Government Code, relating to
local agency formation commissions local government
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1232, as amended, Huffman. Local agency formation commissions:
service reviews. powers and duties.
Existing law requires the local agency formation commission in
each county, to, among other things, review and approve or disapprove
proposals for changes of organization, or reorganization, and
authorizes the commission to initiate proposals for the formation,
consolidation, or dissolution of a district, a merger, or the
establishment of a subsidiary district, as specified.
This bill would authorize the commission in specified counties to
initiate and approve the consolidation of one or more small
wastewater agencies within specified counties if certain conditions
exist.
(1) Existing law establishes in each county a local agency
formation commission. The commission is required to develop and
determine the sphere of influence of each local governmental agency
within the county and to enact policies designed to promote the
logical and orderly development of areas within the sphere. Existing
law requires the commission to conduct a service review of the
municipal services provided in the county or other appropriate area
designated by the commission, make specific determinations, and
prepare a written statement of those determinations.
This bill would require a commission to make and include in the
written statement projected cost and budget increases associated with
future regulatory requirements, including, but not limited to,
infrastructure replacement and upgrades. By increasing the duties of
a local agency formation commission, this bill would impose a
state-mandated local program.
(2) 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares the following:
(a) The federal Clean Water Act prohibits the discharge of
pollutants into water of the United States except in compliance with
various sections of that act, including permits for treated discharge
of wastewater.
(b) Wastewater sewer systems collect, transport, and treat
wastewater sewage. However, illegal sewage spills of raw or partially
treated sewage often occur and are commonly caused by severe weather
and improper system operation and maintenance.
(c) The United States Environmental Protection Agency estimates
that there are at least 40,000 sewage spills each year. The sewage
from these spills can contaminate our waters, causing serious water
quality problems.
(d) San Francisco Bay is part of a critically important estuary
that supports large numbers of birds, fish, and wildlife, including
threatened and endangered species. The bay and estuary are also
linked to the water supply for over two-thirds of the state's
population.
(e) The San Francisco Bay Regional Water Quality Control Board
reports that over 2,000 separate illegal sewage spills occurred
between 2004 and 2007. Over 500 of the spills exceeded 1,000 gallons.
One of the largest spills was 2.5 million gallons in Marin County,
which illegally discharged both untreated and partially treated
sewage into Richardson Bay, which is an ecologically sensitive area.
(f) Small wastewater agencies are often challenged with the high
cost of maintenance and repair of sewer lines and treatment plants.
To reduce water quality problems and to increase system efficiencies,
in 2004 the Marin County Local Area Formation Commission recommended
a consolidation plan for 11 small wastewater agencies.
(g) It is the intent of the Legislature to increase the
effectiveness and efficiency of small wastewater agencies and reduce
the impacts of water quality due to illegal sewage spills.
SEC. 2. Section 56375.2 is added to the
Government Code , to read:
56375.2. (a) For purposes of this section the following terms
have the following meanings:
(1) "San Francisco Bay area counties" means the Counties of
Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, San
Francisco, Solano, and Sonoma.
(2) "Small wastewater agencies" means sanitation districts and
local governments that provide sewer and wastewater collection or
treatment services to a population of 20,000 or less.
(b) In addition to those powers enumerated in Section 56375, a
commission located in any of the San Francisco Bay area counties, may
initiate and approve, after notice and hearing, a consolidation of
small wastewater agencies, without protest hearings, if both of the
following conditions exist:
(1) A commission municipal services report, completed within the
prior 10 years, recommends consolidation.
(2) The wastewater agencies affected have had, or have contributed
to, three or more illegal discharges in the last five years that
exceed 5,000 gallons of untreated or partially treated wastewater to
waters of the state.
(c) A commission may require consolidation of a small wastewater
agency with a larger wastewater agency where the larger agency does
not meet the conditions required by subdivision (b).
(d) This section shall become effective on January 1, 2011.
SECTION 1. Section 56430 of the Government Code
is amended to read:
56430. (a) In order to prepare and to update spheres of influence
in accordance with Section 56425, the commission shall conduct a
service review of the municipal services provided in the county or
other appropriate area designated by the commission. The commission
shall include in the area designated for service review the county,
the region, the subregion, or any other geographic area as is
appropriate for an analysis of the service or services to be
reviewed, and shall prepare a written statement of its determinations
with respect to each of the following:
(1) Growth and population projections for the affected area.
(2) Present and planned capacity of public facilities and adequacy
of public services, including infrastructure needs or deficiencies.
(3) Financial ability of agencies to provide services.
(4) Status of, and opportunities for, shared facilities.
(5) Accountability for community service needs, including
governmental structure and operational efficiencies.
(6) Projected cost and budget increases associated with future
regulatory requirements, including, but not limited to,
infrastructure replacement and upgrades.
(7) Any other matter related to effective or efficient service
delivery, as required by commission policy.
(b) In conducting a service review, the commission shall
comprehensively review all of the agencies that provide the
identified service or services within the designated geographic area.
(c) The commission shall conduct a service review before, or in
conjunction with, but no later than the time it is considering an
action to establish a sphere of influence in accordance with Section
56425 or Section 56426.5 or to update a sphere of influence pursuant
to Section 56425.
SEC. 2. 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.