BILL NUMBER: AB 1995 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2014
INTRODUCED BY Assembly Member Levine
FEBRUARY 20, 2014
An act to amend Section 61105 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1995, as amended, Levine. Community service districts:
covenants, conditions, and restrictions: enforcement.
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 to enforce covenants,
conditions, and restrictions within that district, as provided.
This bill would allow the Bel Marin Keys Community Services
District to enforce covenants, conditions, and restrictions within
that district upon adoption of a resolution of application at a
public hearing and approval by the Marin Local Agency Formation
Commission , as provided.
This bill would make legislative findings and declarations as to
the necessity of a special statute.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 lend 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) (i) 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 (l) of Section 25825.5.
(ii) Upon resuming the powers pursuant to subdivision (i), the Los
Osos Community Services District may continue the program to offset
assessments or charges for very low or low-income households with
funding sources, including, but not limited to, grants, adopted
pursuant to subdivision (g) of Section 25825.5. If the county has not
implemented that program, the Los Osos Community Services District
may adopt a program that complies with subdivision (g) of Section
25825.5 to offset assessments or charges for very low or low-income
households. The Los Osos Community Services District shall not
include in an assessment or charge an amount to cover the costs to
the county in carrying out the offset program.
(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 (i) 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,
and the Bel Marin Keys Community Services District,
which enforced covenants, conditions, and restrictions
prior to January 1, 2006, pursuant to former Section 61601.7 and
former Section 61601.10, may continue to exercise the powers set
forth in former Section 61601.7 and former Section 61601.10.
(f) The Bel Marin Keys Community Services District, which prior to
January 1, 2006, enforced covenants, conditions, and restrictions
pursuant to former Section 61601, may reestablish the powers set
forth in former Section 61601.10 if both of the following conditions
are met:
(1) The district conducts a public hearing, after giving mailed
notice to each affected property owner and registered voter of the
date, time, and place of the hearing, and adopts a resolution of
application to the local agency formation commission pursuant to
Section 56824.10 to enforce covenants, conditions, and restrictions,
specifying the exact nature and scope of intended services to be
provided by the district therein.
(2) The Marin Local Agency Formation Commission approves the
action pursuant to Section 56824.14 that includes, among other
completion terms deemed appropriate by the commission,
indemnification for the district executed by all affected homeowner
or property owner associations for all related services.
(f)
( g) 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)
( h) 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 Lake 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)
( i) 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 county under Section 53066.
(i)
( j) 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.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the Bel Marin Keys
Community Services District.