BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015

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
jurisdictional  boundaries   boundary  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,   may  provide new or extended services by
contract or agreement outside its jurisdictional boundary only if it
first requests and receives written approval from the 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 boundary but within
its sphere of influence in anticipation of a later change of
organization.
   (c) If consistent with adopted policy, the commission may
authorize a city or district to provide new or extended services
outside its jurisdictional boundary and outside its sphere of
influence to do either of the following:
   (1) Respond to an existing or impending threat to the 
public  health or safety of the  public or the 
residents of the affected territory, if both of the following
requirements are met:
   (A) The entity applying for approval has provided the commission
with documentation of a threat to the health and safety of the public
or the affected residents.
   (B) The commission has notified any alternate service provider,
including any water corporation as defined in Section 241 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   or 
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  under this division
 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 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 requests made pursuant to this section to the
executive officer. The commission or executive officer shall approve,
disapprove, or approve with conditions the extended services. If the
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 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.
   (f) This section does not apply to the transfer of nonpotable or
nontreated water.
   (g) This section does not apply to 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.
   (h) This section does not apply to an extended service that a city
or district was providing on or before January 1, 2001.
   (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 boundary.
   (j) This section applies only to the commission of the county in
which the extension of service is proposed.