California Legislature—2015–16 Regular Session

Assembly BillNo. 402


Introduced by Assembly Member Dodd

February 19, 2015


An act to amend Section 56133 of the Government Code, relating to local agency formation.

LEGISLATIVE COUNSEL’S DIGEST

AB 402, as introduced, Dodd. Local agency services: contracts.

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts. Existing law permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances, including when responding to an impending threat to the public health or safety of the residents in the affected territory where specified requirements are met.

This bill would additionally allow a commission to authorize a city or district to provide new or extended services outside its jurisdictional boundaries to support existing or planned uses involving public or private properties, subject to approval at a publicly noticed hearing where the commission makes specified determinations. The bill would also authorize the commission to delegate to its executive officer review and approval of requests to provide new or extended services outside a city or district’s boundary that are made in anticipation of a later change of organization, or to respond to an existing or impending threat to the public health or safety of the residents of the affected territory. The bill would also make technical and conforming changes.

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

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

P2    1

SECTION 1.  

Section 56133 of the Government Code is
2amended to read:

3

56133.  

(a) A city or district maybegin insert, as described in this section,end insert
4 provide new or extended services by contract or agreement outside
5its jurisdictionalbegin delete boundariesend deletebegin insert boundaryend insert only if it first requests and
6receives written approval from thebegin delete commission in the affected
7county.end delete
begin insert commission. The commission may delegate review and
8approval of requests made pursuant to subdivision (b) and
9paragraph (1) of subdivision (c) to the executive officer.end insert

10(b) The commission may authorize a city or district to provide
11new or extended services outside its jurisdictionalbegin delete boundariesend delete
12begin insert boundaryend insert but within its sphere of influence in anticipation of a
13later change of organization.

14(c) begin deleteThe end deletebegin insertIf consistent with adopted policy, the end insertcommission may
15authorize a city or district to provide new or extended services
16outside its jurisdictionalbegin delete boundariesend deletebegin insert boundaryend insert and outside its sphere
17of influencebegin delete to respond to an existing or impending threat to the
18public health or safety of the residents of the affected territory if
19both of the following requirements are met:end delete
begin insert to do either of the
20following:end insert

begin insert

21(1) Respond to an existing or impending threat to the public
22health or safety of the residents of the affected territory, if both of
23the following requirements are met:

end insert
begin delete

24(1)

end delete

25begin insert(A)end insert The entity applying forbegin delete the contractend delete approval has provided
26the commission with documentation of a threat to the health and
27safety of the public or the affected residents.

begin delete

28(2)

end delete

29begin insert(B)end insert The commission has notified any alternate service provider,
30including any water corporation as defined in Section 241 of the
31Public Utilities Code,begin delete or sewer system corporation as defined in
P3    1Section 230.6 of the Public Utilities Code,end delete
that has filed a map and
2a statement of its service capabilities with the commission.

begin insert

3(2) Support existing or planned uses involving public or private
4properties, subject to approval at a noticed public hearing in which
5the commission makes all of the following determinations:

end insert
begin insert

6(A) The extension of service of services deficiency was identified
7and evaluated in a review of municipal services prepared pursuant
8to Section 56430.

end insert
begin insert

9(B) The extension of service will not result in adverse impacts
10on open space or agricultural lands, or have growth inducing
11impacts.

end insert
begin insert

12(C) A later change of organization involving the subject territory
13and its affected agency is not feasible or desirable based on the
14adopted policies of the commission.

end insert

15(d) The executive officer, within 30 days of receipt of a request
16for approval by a city or districtbegin delete of a contractend delete to extend services
17outside its jurisdictional boundary, shall determine whether the
18request is complete and acceptable for filing or whether the request
19is incomplete. If a request is determined not to be complete, the
20executive officer shall immediately transmit that determination to
21the requester, specifying those parts of the request that are
22incomplete and the manner in which they can be made complete.
23When the request is deemed complete, the executive officer shall
24place the request on the agenda of the next commission meeting
25for which adequate notice can be given but not more than 90 days
26from the date that the request is deemed complete, unless the
27commission has delegated approval ofbegin delete thoseend delete requestsbegin insert made
28pursuant to this sectionend insert
to the executive officer. The commission
29or executive officer shall approve, disapprove, or approve with
30conditions thebegin delete contract forend delete extended services. If thebegin delete contract isend deletebegin insert new
31or extended services areend insert
disapproved or approved with conditions,
32the applicant may request reconsideration, citing the reasons for
33reconsideration.

34(e) This section does not apply tobegin delete contracts or agreements solely
35involvingend delete
two or more public agencies wherebegin insert the commission
36determines thatend insert
the public service to be provided is an alternative
37to, or substitute for, public services already being provided by an
38existing public service provider and where the level of service to
39be provided is consistent with the level of service contemplated
40by the existing service provider.begin delete Thisend delete

P4    1begin insert(f)end insertbegin insertend insertbegin insertThisend insert section does not apply tobegin delete contracts forend delete the transfer of
2nonpotable or nontreated water.begin delete Thisend delete

3begin insert(g)end insertbegin insertend insertbegin insertThisend insert section does not apply tobegin delete contracts or agreements solely
4involvingend delete
the provision of surplus water to agricultural lands and
5facilities, including, but not limited to, incidental residential
6structures, for projects that serve conservation purposes or that
7directly support agricultural industries. However, prior to extending
8surplus water service to any project that will support or induce
9development, the city or district shall first request and receive
10written approval from the commission in the affected county.begin delete Thisend delete

11begin insert(h)end insertbegin insertend insertbegin insertThisend insert section does not apply to an extended service that a city
12or district was providing on or before January 1, 2001.begin delete Thisend delete

13begin insert(i)end insertbegin insertend insertbegin insertThisend insert section does not apply to a local publicly owned electric
14utility, as defined by Section 9604 of the Public Utilities Code,
15providing electric services that do not involve the acquisition,
16construction, or installation of electric distribution facilities by the
17local publicly owned electric utility, outside of the utility’s
18jurisdictionalbegin delete boundaries.end deletebegin insert boundary.end insert

begin insert

19(j) This section applies only to the commission of the county in
20which the extension of service is proposed.

end insert


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