BILL NUMBER: SB 263 CHAPTERED
BILL TEXT
CHAPTER 11
FILED WITH SECRETARY OF STATE JULY 2, 2009
APPROVED BY GOVERNOR JULY 2, 2009
PASSED THE SENATE MAY 11, 2009
PASSED THE ASSEMBLY JUNE 25, 2009
INTRODUCED BY Senator Strickland
FEBRUARY 24, 2009
An act to amend Section 61105 of the Government Code, relating to
community services districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 263, Strickland. Local government: community service districts.
Existing law, the Community Services District Law, authorizes the
establishment of community services districts to provide various
services to the geographic area within each district, and further
authorizes specified community services districts that own roads that
are not formally dedicated to, or kept open for use by, the public
for the purpose of vehicular travel, to limit access to those roads
to the landowners and residents of that district.
This bill would include the Santa Rita Hills Community Services
District as one of the specified community services districts
authorized to limit access to roads it owns to the landowners and
residents of that district.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, the Wallace Community Services
District, and the Santa Rita Hills 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.