California Legislature—2015–16 Regular Session

Assembly Bill No. 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:

SECTION 1.  

Section 56133 of the Government Code is
amended to read:

56133.  

(a) A city or district may begin insert , as described in this section, end insert
provide new or extended services by contract or agreement outside
its jurisdictional begin delete boundaries end delete begin insert boundary end insert only if it first requests and
receives written approval from the begin delete commission in the affected
county. end delete begin insert commission. The commission may delegate review and
approval of requests made pursuant to subdivision (b) and
paragraph (1) of subdivision (c) to the executive officer. end insert

(b) The commission may authorize a city or district to provide
new or extended services outside its jurisdictional begin delete boundaries end delete
begin insert boundary end insert but within its sphere of influence in anticipation of a
later change of organization.

(c)  begin delete The end delete begin insert If consistent with adopted policy, the end insert commission may
authorize a city or district to provide new or extended services
outside its jurisdictional begin delete boundaries end delete begin insert boundary end insert and outside its sphere
of influence begin delete to respond to an existing or impending threat to the
public health or safety of the residents of the affected territory if
both of the following requirements are met: end delete begin insert to do either of the
following: end insert

begin insert

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

end insert begin delete

(1)

end delete

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

begin delete

(2)

end delete

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

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

(d) The executive officer, within 30 days of receipt of a request
for approval by a city or district begin delete of a contract end delete to extend services
outside its jurisdictional boundary, shall determine whether the
request is complete and acceptable for filing or whether the request
is incomplete. If a request is determined not to be complete, the
executive officer shall immediately transmit that determination to
the requester, specifying those parts of the request that are
incomplete and the manner in which they can be made complete.
When the request is deemed complete, the executive officer shall
place the request on the agenda of the next commission meeting
for which adequate notice can be given but not more than 90 days
from the date that the request is deemed complete, unless the
commission has delegated approval of begin delete those end delete requests begin insert made
pursuant to this section end insert to the executive officer. The commission
or executive officer shall approve, disapprove, or approve with
conditions the begin delete contract for end delete extended services. If the begin delete contract is end delete begin insert new
or extended services are end insert disapproved or approved with conditions,
the applicant may request reconsideration, citing the reasons for
reconsideration.

(e) This section does not apply to begin delete contracts or agreements solely
involving end delete two or more public agencies where begin insert the commission
determines that end insert the public service to be provided is an alternative
to, or substitute for, public services already being provided by an
existing public service provider and where the level of service to
be provided is consistent with the level of service contemplated
by the existing service provider. begin delete This end delete

begin insert (f) end insert begin insert   end insert begin insert This end insert section does not apply to begin delete contracts for end delete the transfer of
nonpotable or nontreated water. begin delete This end delete

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

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

begin insert (i) end insert begin insert   end insert begin insert This end insert section does not apply to a local publicly owned electric
utility, as defined by Section 9604 of the Public Utilities Code,
providing electric services that do not involve the acquisition,
construction, or installation of electric distribution facilities by the
local publicly owned electric utility, outside of the utility’s
jurisdictional begin delete boundaries. end delete begin insert boundary. end insert

begin insert

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

end insert