Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 774

Introduced by Assembly Member Donnelly

February 21, 2013

An act to amend Section begin delete 25217.2 end delete begin insert 25215 end insert of begin insert , and to add Sections 25213.7 and 25217.5 to, end insert the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 774, as amended, Donnelly. begin delete Country end delete begin insert County end insert service areas: zone dissolution.

The County Service Area Law authorizes the county board of supervisors, acting as the governing authority of a county service area, to provide for the collection and enforcement of property-related fees and charges in the same manner that the county collects and enforces property-related fees and charges for the property-related services that the county provides. begin insert Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the count end insert begin insert y service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides. end insert Existing law begin insert authorizes the dissolution of a county service area and end insert allows the board to change the boundaries of a zone, or begin delete to end delete dissolve the zone, by following specified procedures.

This bill would require the board begin insert , upon dissolution of a county service area or a specified zone, end insert to post signs indicating which services and facilities are no longer provided within the zone and require the board to provide adequate maintenance to the signs. This bill would provide that, once the signs are begin delete posted and the action is recorded, end delete begin insert posted, end insert the county and the dissolved zone shall not be held liable for death or injury resulting from the termination of services or facilities. begin insert This bill would also provide that the county, county service area, and zones would not be responsible for a loss or injury resulting from the failure to provide maintenance of services or facilities if the board is unable to raise revenues. This bill would require the board to mail notice to an owner of property within the county service area, or zones that will no longer be able to maintain the services or facilities. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25213.7 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 25213.7. end insert   

(a) Notwithstanding any other law, upon dissolution
of a county service area providing services or facilities for a public
street or divestiture of authority to provide services or facilities
for a public street, the board shall post clearly visible signs within
the zone for which authorized services, levels of service, or
authorized facilities are no longer being provided within the zone.
The sign shall indicate what service or facility is no longer being
provided within the zone and that the county and the zone are not
responsible for any loss or injury resulting from the termination
of services or facilities. The board shall provide adequate
maintenance to ensure that the signs remain posted within the zone
and the message is legible for a period of one year.

(b) After the signs are posted pursuant to subdivision (a), the
county and the dissolved zone shall not be held liable for death or
injury resulting from termination of services or facilities.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25215 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

25215.  

begin insert (a) end insert begin insert   end insert Whenever the board determines that the amount
of revenue available to a county service area or any of its zones is
inadequate to meet the costs of operating and maintaining the
services and facilities that the county service area provides, the
board may raise revenues pursuant to this article or any other
provision of law.

begin insert

(b) If the board is unable to raise revenues, the county, county
service area, and the county service area’s zones shall not be
responsible for a loss or injury resulting from the failure to provide
maintenance of services or facilities that the county service area
or any of its zones provides. The board shall mail notice to any
owner of property within the county service area or any of its zones
that it will no longer be able to maintain the services or facilities.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 25217.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 25217.5. end insert   

(a) Upon dissolution of a zone providing services or
facilities for a public street, as authorized by Section 25217.2, the
board shall post clearly visible signs within the zone for which
authorized services, levels of service, or authorized facilities are
no longer being provided within the zone. The sign shall indicate
what service or facility is no longer being provided within the zone
and that the county and the zone are not responsible for any loss
or injury resulting from the termination of services or facilities.
The board shall provide adequate maintenance to ensure that the
signs remain posted within the zone and the message is legible for
a period of one year.

(b) After the signs are posted pursuant to subdivision (a), the
county and the dissolved zone shall not be held liable for death or
injury resulting from termination of services or facilities.

end insert

begin delete

SECTION 1.  

Section 25217.2 of the Government Code is
amended to read:

25217.2.  

(a) The board may change the boundaries of a zone
or dissolve a zone by following the procedures in Sections 25217
and 25217.1, as appropriate.

(b) Upon dissolution of a zone, the board shall post clearly visible
signs within the zone for which authorized services, levels of
service, or authorized facilities are no longer being provided within
the zone. The sign shall indicate what service or facility is no
longer being provided within the zone and that the county and the
zone are not responsible for any loss or injury resulting from the
termination of services or facilities. The board shall provide
adequate maintenance to ensure that the signs remain posted within
the zone and the message is legible for a period of one year. Once
the signs are posted and the action is duly recorded, the county
and the dissolved zone shall not be held liable for death or injury
resulting from termination of services or facilities.

end delete