Amended in Assembly May 5, 2015

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

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

14(c) If consistent with adopted policy, the commission may
15authorize a city or district to provide new or extended services
16outside its jurisdictional boundary and outside its sphere of
17influence to do either of the following:

18(1) Respond to an existing or impending threat to thebegin delete publicend delete
19 health or safety of thebegin insert public or theend insert residents of the affected
20territory, if both of the following requirements are met:

21(A) The entity applying for approval has provided the
22commission with documentation of a threat to the health and safety
23of the public or the affected residents.

24(B) The commission has notified any alternate service provider,
25including any water corporation as defined in Section 241 of the
26Public Utilities Code, that has filed a map and a statement of its
27service capabilities with the commission.

28(2) Support existing or planned uses involving public or private
29properties, subject to approval at a noticed public hearing in which
30the commission makes all of the following determinations:

P3    1(A) The extension of servicebegin delete ofend deletebegin insert orend insert services deficiency was
2identified and evaluated in a review of municipal services prepared
3pursuant to Section 56430.

4(B) The extension of service will not result in adverse impacts
5on open space or agricultural lands, or have growth inducing
6impacts.

7(C) A later change of organization involving the subject territory
8and its affected agency is not feasiblebegin insert under this divisionend insert or
9desirable based on the adopted policies of the commission.

10(d) The executive officer, within 30 days of receipt of a request
11for approval by a city or district to extend services outside its
12jurisdictional boundary, shall determine whether the request is
13complete and acceptable for filing or whether the request is
14incomplete. If a request is determined not to be complete, the
15executive officer shall immediately transmit that determination to
16the requester, specifying those parts of the request that are
17incomplete and the manner in which they can be made complete.
18When the request is deemed complete, the executive officer shall
19place the request on the agenda of the next commission meeting
20for which adequate notice can be given but not more than 90 days
21from the date that the request is deemed complete, unless the
22commission has delegated approval of requests made pursuant to
23this section to the executive officer. The commission or executive
24officer shall approve, disapprove, or approve with conditions the
25extended services. If the new or extended services are disapproved
26or approved with conditions, the applicant may request
27reconsideration, citing the reasons for reconsideration.

28(e) This section does not apply to two or more public agencies
29wherebegin delete the commission determines thatend delete the public service to be
30provided is an alternative to, or substitute for, public services
31already being provided by an existing public service provider and
32where the level of service to be provided is consistent with the
33level of service contemplated by the existing service provider.

34(f) This section does not apply to the transfer of nonpotable or
35nontreated water.

36(g) This section does not apply to the provision of surplus water
37to agricultural lands and facilities, including, but not limited to,
38incidental residential structures, for projects that serve conservation
39purposes or that directly support agricultural industries. However,
40prior to extending surplus water service to any project that will
P4    1support or induce development, the city or district shall first request
2and receive written approval from the commission in the affected
3county.

4(h) This section does not apply to an extended service that a
5city or district was providing on or before January 1, 2001.

6(i) This section does not apply to a local publicly owned electric
7utility, as defined by Section 9604 of the Public Utilities Code,
8providing electric services that do not involve the acquisition,
9construction, or installation of electric distribution facilities by the
10local publicly owned electric utility, outside of the utility’s
11jurisdictional boundary.

12(j) This section applies only to the commission of the county in
13which the extension of service is proposed.



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