BILL NUMBER: AB 402	INTRODUCED
	BILL TEXT


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  , as described in this
section,  provide new or extended services by contract or
agreement outside its jurisdictional  boundaries 
 boundary  only if it first requests and receives written
approval from the  commission in the affected county.
  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. 
   (b) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional  boundaries
  boundary  but within its sphere of influence in
anticipation of a later change of organization.
   (c)  The   If consistent with adopted policy,
the  commission may authorize a city or district to provide new
or extended services outside its jurisdictional  boundaries
  boundary  and outside its sphere of influence
 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:   to do either of
the following:  
   (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:  
   (1) 
    (A)  The entity applying for  the contract
 approval has provided the commission with documentation of
a threat to the health and safety of the public or the affected
residents. 
   (2) 
    (B)  The commission has notified any alternate service
provider, including any water corporation as defined in Section 241
of the Public Utilities Code,  or sewer system corporation as
defined in Section 230.6 of the Public Utilities Code, 
that has filed a map and a statement of its service capabilities with
the commission. 
   (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:  
   (A) The extension of service of services deficiency was identified
and evaluated in a review of municipal services prepared pursuant to
Section 56430.  
   (B) The extension of service will not result in adverse impacts on
open space or agricultural lands, or have growth inducing impacts.
 
   (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. 
   (d) The executive officer, within 30 days of receipt of a request
for approval by a city or district  of a contract 
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  those  requests  made
pursuant to this section  to the executive officer. The
commission or executive officer shall approve, disapprove, or approve
with conditions the  contract for  extended
services. If the  contract is   new or extended
services are  disapproved or approved with conditions, the
applicant may request reconsideration, citing the reasons for
reconsideration.
   (e) This section does not apply to  contracts or
agreements solely involving  two or more public agencies
where  the commission determines that  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.
 This 
    (f)    This  section does not apply to
 contracts for  the transfer of nonpotable or
nontreated water.  This 
    (g)     This  section does not apply
to  contracts or agreements solely involving  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.  This 
    (h)     This  section does not apply
to an extended service that a city or district was providing on or
before January 1, 2001.  This 
    (i)     This  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 
boundaries.   boundary.  
   (j) This section applies only to the commission of the county in
which the extension of service is proposed.