BILL NUMBER: SB 244	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 14, 2011
	AMENDED IN SENATE  MAY 18, 2011
	AMENDED IN SENATE  MAY 3, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Wolk
   (Coauthors: Senators Price and Rubio)
   (Coauthor: Assembly Member Perea)

                        FEBRUARY 10, 2011

   An act to amend Sections  56425   56375,
56425,  and 56430 of, and to add Sections 56033.5 and 65302.10
to, the Government Code, relating to land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 244, as amended, Wolk. Land use: general plan: disadvantaged
unincorporated communities.
   (1) The Planning and Zoning Law requires a city or county to adopt
a comprehensive, long-term general plan for the physical development
of the city or county and of any land outside its boundaries that
bears relation to its planning. That law also requires the general
plan to contain specified mandatory elements, including a housing
element for the preservation, improvement, and development of the
community's housing.
   This bill would require, upon the next revision of its housing
element, and each revision thereafter, a city or county to review and
update one or more elements of its general plan, as necessary ,
 to  address   include an analysis of 
the presence of island, fringe, or legacy unincorporated
communities, as defined, inside or near its boundaries, and would
require the updated general plan to include specified information.
This bill would also require the city or county planning agency,
after the initial revision and update of the general plan, to review,
and if necessary amend, the general plan to update the information,
goals, and program of action relating to these communities therein.
By adding to the duties of city and county officials, this bill would
impose a state-mandated local program.
   (2) The Cortese-Knox-Hertzberg Act of 2000 requires a local agency
formation commission 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, and requires the commission,
in preparing and updating spheres of influence to conduct a service
review of the municipal services provided in the county or other area
designated by the commission, and to prepare a written statement of
its determinations with respect to the growth and population
projections for the affected area, the present and planned capacity
of public facilities and adequacy of public services, including
infrastructure needs or deficiencies, financial ability of agencies
to provide services, status of, and opportunities for, shared
facilities, accountability for community service needs, including
governmental structure, and operational efficiencies, as specified.
   This bill would also require the agency to include in its written
statement a determination with respect to the location and
characteristics  , including infrastructure needs or
deficiencies   and the present and planned capacity of
public facilities and adequacy of public services, including sewers,
water, and structual fire protection needs or deficiencies  , of
any disadvantaged inhabited communities within or adjacent to the
sphere of influence, thereby imposing a state-mandated local program.
The bill would also require a commission, upon the review and update
of a sphere of influence on or after July 1, 2012, to include in the
review or update of each sphere of influence of a city or special
district that provides public facilities or services related to
sewers, municipal and industrial water, or structural fire protection
to include the present and probable need for public facilities and
services of disadvantaged inhabited communities within or adjacent to
the sphere of influence, and would authorize the agency to assess
the feasibility of governmental reorganization of particular
agencies, as specified. 
   (3) Existing law sets forth the various powers and duties of a
local agency formation commission in reviewing and approving or
disapproving proposals for changes of organization on reorganization.
 
   This bill would revise the powers of the commission to prohibit it
from approving an annexation to a city of any territory where there
exists a disadvantaged inhabited community that is contiguous to the
area of proposed annexation, unless the annexation application
includes a separate application to annex the disadvantaged
unincorporated inhabited territory to the subject city. 

   (3) 
    (4)  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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Hundreds of disadvantaged unincorporated communities, commonly
referred to as "colonias," exist in California. There are more than
200 of these communities in the San Joaquin Valley alone. Many of
these communities are geographically isolated islands, surrounded by
the city limits of large and medium-sized cities.
   (2) Conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that threatens the health and safety of the residents of these
communities and fosters economic, social, and educational inequality.
Many of these communities lack basic infrastructure, including, but
not limited to, streets, sidewalks, storm drainage, clean drinking
water, and adequate sewer service.
   (3) The Clean Water State Revolving Fund, the Safe Drinking Water
State Revolving Fund, the Clean up and Abatement Account, and the
Community Development Block Grant are robust and continuous sources
of funding for drinking water, wastewater, and other basic
infrastructure.
   (b) It is the intent of the Legislature to encourage investment in
these communities and address the complex legal, financial, and
political barriers that contribute to regional inequity and
infrastructure deficits within disadvantaged unincorporated
communities.
  SEC. 2.  Section 56033.5 is added to the Government Code, to read:
   56033.5.  "Disadvantaged inhabited community" means inhabited
territory, as defined by Section 56046, or as determined by
commission policy, that constitutes all or a portion of a
"disadvantaged community" as defined by Section 79505.5 of the Water
Code.
  SEC. 3.  Section 56425 of the Government Code is amended to read:
   56425.  (a) In order to carry out its purposes and
responsibilities for planning and shaping the logical and orderly
development and coordination of local governmental agencies to
advantageously provide for the present and future needs of the county
and its communities, the commission shall develop and determine the
sphere of influence of each local governmental agency within the
county and enact policies designed to promote the logical and orderly
development of areas within the sphere.
   (b) Prior to a city submitting an application to the commission to
update its sphere of influence, representatives from the city and
representatives from the county shall meet to discuss the proposed
new boundaries of the sphere and explore methods to reach agreement
on development standards and planning and zoning requirements within
the sphere to ensure that development within the sphere occurs in a
manner that reflects the concerns of the affected city and is
accomplished in a manner that promotes the logical and orderly
development of areas within the sphere. If an agreement is reached
between the city and county, the city shall forward the agreement in
writing to the commission, along with the application to update the
sphere of influence. The commission shall consider and adopt a sphere
of influence for the city consistent with the policies adopted by
the commission pursuant to this section, and the commission shall
give great weight to the agreement to the extent that it is
consistent with commission policies in its final determination of the
city sphere.
   (c) If the commission's final determination is consistent with the
agreement reached between the city and county pursuant to
subdivision (b), the agreement shall be adopted by both the city and
county after a noticed public hearing. Once the agreement has been
adopted by the affected local agencies and their respective general
plans reflect that agreement, then any development approved by the
county within the sphere shall be consistent with the terms of that
agreement.
   (d) If no agreement is reached pursuant to subdivision (b), the
application may be submitted to the commission and the commission
shall consider a sphere of influence for the city consistent with the
policies adopted by the commission pursuant to this section.
   (e) In determining the sphere of influence of each local agency,
the commission shall consider and prepare a written statement of its
determinations with respect to each of the following:
   (1) The present and planned land uses in the area, including
agricultural and open-space lands.
   (2) The present and probable need for public facilities and
services in the area. Upon the next  review and 
update of a sphere of influence that occurs pursuant to subdivision
(g) on or after July 1, 2012, the  review and 
update of each sphere of influence of a city or special district that
provides public facilities or services related to sewers, municipal
and industrial water, or structural fire protection shall include the
present and probable need for public facilities and services of any
disadvantaged inhabited communities within or  adjacent to
its   contiguous to the existing or proposed 
sphere of influence of the subject city or special district 
.
   (3) The present capacity of public facilities and adequacy of
public services that the agency provides or is authorized to provide.

   (4) The existence of any social or economic communities of
interest in the area if the commission determines that they are
relevant to the agency.
   (f) Upon determination of a sphere of influence, the commission
shall adopt that sphere.
   (g) On or before January 1, 2008, and every five years thereafter,
the commission shall, as necessary, review and update each sphere of
influence.
   (h) In determining the sphere of influence, the commission may
assess the feasibility of governmental reorganization of particular
agencies and recommend reorganization of those agencies when they are
found to be feasible and if reorganization will further the goals of
orderly development as well as efficient and affordable service
delivery. The commission shall make all reasonable efforts to ensure
wide public dissemination of the recommendations.
   (i) When adopting, amending, or updating a sphere of influence for
a special district, the commission shall do all of the following:
   (1) Require existing districts to file written statements with the
commission specifying the functions or classes of services provided
by those districts.
   (2) Establish the nature, location, and extent of any functions or
classes of services provided by existing districts.
  SEC. 4.  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) The location and characteristics of any disadvantaged
inhabited communities.
   (3) Present and planned capacity of public facilities and adequacy
of public services, including  infrastructure needs or
deficiencies, with attention to  sewers, municipal and
industrial water, and structural fire protection needs or
deficiencies of disadvantaged, unincorporated communities within or
 adjacent   contiguous  to the agency's
proposed sphere of influence.
   (4) Financial ability of agencies to provide services.
   (5) Status of, and opportunities for, shared facilities.
   (6) Accountability for community service needs, including
governmental structure and operational efficiencies.
   (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.
The commission  shall   may  assess
various alternatives for improving efficiency and affordability of
infrastructure and service delivery within and  adjacent
  contiguous  to the sphere of influence,
including, but not limited to, the consolidation of governmental
agencies.
   (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. 5.  Section 65302.10 is added to the Government Code, to read:

   65302.10.  (a) As used in this section, the following terms shall
have the following meanings: 
   (1) "Community" means an inhabited area within a city or county
that is comprised of no less than ____ dwellings adjacent or in close
proximity to one another.  
   (1) 
    (2)  "Disadvantaged unincorporated community" means a
fringe, island, or legacy community in which the median household
income is 80 percent or less than the statewide median household
income. 
   (2) 
    (3)  "Unincorporated fringe community" means any
inhabited and unincorporated territory that is within a city's sphere
of influence. 
   (3) 
    (4)  "Unincorporated island community" means any
inhabited and unincorporated territory that is surrounded or
substantially surrounded by one or more cities or by one or more
cities and a county boundary or the Pacific Ocean. 
   (4) 
    (5)  "Unincorporated legacy community" means a
geographically isolated community that is inhabited and has existed
for at least 50 years. 
   (b) Upon the next revision of its general plan, and thereafter
upon each revision of its housing element made pursuant to Section

    (b)     Upon the next revision of its
housing element, pursuant to Section  65588, the legislative
body of a city or county shall review and update one or more elements
of its general plan as necessary to  include data and
analysis, goals, policies, and objectives, and feasible
implementation measures to address the presence of  
include an analysis, based on available data and analysis of the
presence of  unincorporated island, fringe, or legacy
communities inside or near its boundaries. The updated general plan
shall include all of the following:
   (1) In the case of a city, an identification of each
unincorporated island or fringe community,  in or adjacent to
  within  the city's sphere of influence. In the
case of a county, an identification of each legacy community within
the boundaries of the county  , but not including any area within
the sphere of influence of any city  . This identification
shall include a description of the community and a map designating
its location. 
   (2) For each identified community, an analysis of all of the
following:  
   (A) The extent to which households in the community lack access to
sanitary sewer service.  
   (B) The extent to which households in the community lack access to
safe drinking water.  
   (C) The extent to which the community lacks one or more of the
following:  
   (i) Paved roads.  
   (ii) Storm drainage.  
   (iii) Sidewalks.  
   (iv) Street lighting.  
   (D) The number of households within one-quarter of a mile of
public transit.  
   (E) The number of housing units that are in substandard condition.
 
   (F) The number of households paying more than 30 percent of their
income toward housing.  
   (G) The number of households in overcrowded housing. 

   (3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2), and an identification of any constraints to addressing
those conditions or deficiencies. The analysis shall evaluate the
annexation of any identified island or fringe communities. 

   (4) A statement setting forth the city's or county's specific,
quantified goals for eliminating or reducing the conditions or
deficiencies described in paragraph (2) and found to be present in an
unincorporated island, fringe, or legacy community within or
proximate to the boundaries of the city or county.  

   (5) A set of feasible implementation measures designed to carry
out the goals described in paragraph (4), including an identification
of resources and a timeline of actions.  
   (c) After the initial revision of its general plan pursuant to
this section, on or before the due date for the next revision of its
 
   (2) For each identified community, an analysis of water,
wastewater, stormwater drainage, and structural fire protection needs
or deficiencies, and, if appropriate, sidewalks and street lighting.
 
   (3) An analysis of resources and a timeline of actions. 
    (c)     On or before the due date for the
next revision of its  housing element, the planning agency shall
review, and if necessary amend, its general plan to update the
analysis, goals, and actions required by this section.
   SEC. 6.    Section 56375 of the   Government
Code   is amended to read: 
   56375.  The commission shall have all of the following powers and
duties subject to any limitations upon its jurisdiction set forth in
this part:
   (a) (1) To review and approve or disapprove with or without
amendment, wholly, partially, or conditionally, proposals for changes
of organization or reorganization, consistent with written policies,
procedures, and guidelines adopted by the commission.
   (2) The commission may initiate proposals by resolution of
application for any of the following:
   (A) The consolidation of a district, as defined in Section 56036.
   (B) The dissolution of a district.
   (C) A merger.
   (D) The establishment of a subsidiary district.
   (E) The formation of a new district or districts.
   (F) A reorganization that includes any of the changes specified in
subparagraph (A), (B), (C), (D), or (E).
   (3) A commission may initiate a proposal described in paragraph
(2) only if that change of organization or reorganization is
consistent with a recommendation or conclusion of a study prepared
pursuant to Section 56378, 56425, or 56430, and the commission makes
the determinations specified in subdivision (b) of Section 56881.
   (4) A commission shall not disapprove an annexation to a city,
initiated by resolution, of contiguous territory that the commission
finds is any of the following:
   (A) Surrounded or substantially surrounded by the city to which
the annexation is proposed or by that city and a county boundary or
the Pacific Ocean if the territory to be annexed is substantially
developed or developing, is not prime agricultural land as defined in
Section 56064, is designated for urban growth by the general plan of
the annexing city, and is not within the sphere of influence of
another city.
   (B) Located within an urban service area that has been delineated
and adopted by a commission, which is not prime agricultural land, as
defined by Section 56064, and is designated for urban growth by the
general plan of the annexing city.
   (C) An annexation or reorganization of unincorporated islands
meeting the requirements of Section 56375.3.
   (5) As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which the
annexation is proposed, the commission may require, where consistent
with the purposes of this division, that the annexation include the
entire island of surrounded, or substantially surrounded, territory.
   (6) A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.
   (7) The decision of the commission with regard to a proposal to
annex territory to a city shall be based upon the general plan and
prezoning of the city. When the development purposes are not made
known to the annexing city, the annexation shall be reviewed on the
basis of the adopted plans and policies of the annexing city or
county. A commission shall require, as a condition to annexation,
that a city prezone the territory to be annexed or present evidence
satisfactory to the commission that the existing development
entitlements on the territory are vested or are already at build-out,
and are consistent with the city's general plan. However, the
commission shall not specify how, or in what manner, the territory
shall be prezoned. 
   (8) A commission shall not approve an annexation to a city of any
territory where there exists a disadvantaged inhabited community that
is contiguous to the area of proposed annexation, unless the
annexation application includes a separate application to annex the
disadvantaged unincorporated inhabited territory to the subject city.

   (b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or detachment,
to determine whether territory proposed for annexation or detachment,
as described in its resolution approving the annexation, detachment,
or reorganization, is inhabited or uninhabited.
   (c) With regard to a proposal for consolidation of two or more
cities or districts, to determine which city or district shall be the
consolidated successor city or district.
   (d) To approve the annexation of unincorporated, noncontiguous
territory, subject to the limitations of Section 56742, located in
the same county as that in which the city is located, and that is
owned by a city and used for municipal purposes and to authorize the
annexation of the territory without notice and hearing.
   (e) To approve the annexation of unincorporated territory
consistent with the planned and probable use of the property based
upon the review of general plan and prezoning designations. No
subsequent change may be made to the general plan for the annexed
territory or zoning that is not in conformance to the prezoning
designations for a period of two years after the completion of the
annexation, unless the legislative body for the city makes a finding
at a public hearing that a substantial change has occurred in
circumstances that necessitate a departure from the prezoning in the
application to the commission.
   (f) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district or, for a landowner-voter special district, the number of
owners of land and the assessed value of their land within the
territory proposed to be included in the new special district. The
number of registered voters shall be calculated as of the time of the
last report of voter registration by the county elections official
to the Secretary of State prior to the date the first signature was
affixed to the petition. The executive officer shall notify the
petitioners of the number of registered voters resulting from this
calculation. The assessed value of the land within the territory
proposed to be included in a new landowner-voter special district
shall be calculated as shown on the last equalized assessment roll.
   (g) To adopt written procedures for the evaluation of proposals,
including written definitions consistent with existing state law. The
commission may adopt standards for any of the factors enumerated in
Section 56668. Any standards adopted by the commission shall be
written.
   (h) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the initiation
of a change of organization or reorganization pursuant to subdivision
(a).
   (i) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
   (j) To incur usual and necessary expenses for the accomplishment
of its functions.
   (k) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out and
effect the functions of the commission.
   (  l  ) To review the boundaries of the territory
involved in any proposal with respect to the definiteness and
certainty of those boundaries, the nonconformance of proposed
boundaries with lines of assessment or ownership, and other similar
matters affecting the proposed boundaries.
   (m) To waive the restrictions of Section 56744 if it finds that
the application of the restrictions would be detrimental to the
orderly development of the community and that the area that would be
enclosed by the annexation or incorporation is so located that it
cannot reasonably be annexed to another city or incorporated as a new
city.
   (n) To waive the application of Section 22613 of the Streets and
Highways Code if it finds the application would deprive an area of a
service needed to ensure the health, safety, or welfare of the
residents of the area and if it finds that the waiver would not
affect the ability of a city to provide any service. However, within
60 days of the inclusion of the territory within the city, the
legislative body may adopt a resolution nullifying the waiver.
   (o) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as defined
in Section 2215 of the Revenue and Taxation Code, the commission
shall determine the property tax revenue to be exchanged by the
affected local agencies pursuant to Section 56810.
   (p) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
   (q) To enter into an agreement with the commission for an
adjoining county for the purpose of determining procedures for the
consideration of proposals that may affect the adjoining county or
where the jurisdiction of an affected agency crosses the boundary of
the adjoining county. 
   (6) 
   SEC. 7.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.