Amended in Assembly May 18, 2015

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 ofbegin insert, and to add and repeal Section 56133.5 of,end insert 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 wouldbegin delete additionally allow a commission to authorize a city or district to provide new or extended services outside its jurisdictional 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 make technical and conforming changes.end deletebegin insert revise the circumstances under which the commission may authorize a city or district to provide new or extended services. This bill would additionally establish a pilot program, until January 1, 2021, for the Napa, Sonoma, and San Bernardino commissions that would permit those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances.end insert

begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the Napa, Sonoma, and San Bernardino commissions.

end insert

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 may provide new or extended
4services by contract or agreement outside its jurisdictional
5boundary only if it first requests and receives written approval
6from the commission.

7(b) The commission may authorize a city or district to provide
8new or extended services outside its jurisdictional boundary but
9within its sphere of influence in anticipation of a later change of
10organization.

11(c) If consistent with adopted policy, the commission may
12authorize a city or district to provide new or extended services
13outside its jurisdictional boundary and outside its sphere of
14influence tobegin delete do either of the following:end deletebegin insert respond to an end insertbegin insertexisting or
15impending threat to the health or safety of the public or the
16residents of the affected territory, if both of the following
17requirements are met:end insert

begin delete

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

end delete
begin delete

21(A)

end delete

22begin insert(1)end insert The entity applying for approval has provided the
23commission with documentation of a threat to the health and safety
24of the public or the affected residents.

begin delete

P3    1(B)

end delete

2begin insert(2)end insert The commission has notified any alternate service provider,
3including any water corporation as defined in Section 241 of the
4Public Utilities Code, that has filed a map and a statement of its
5service capabilities with the commission.

begin delete

6(2) Support existing or planned uses involving public or private
7properties, subject to approval at a noticed public hearing in which
8the commission makes all of the following determinations:

9(A) The extension of service or services deficiency was
10identified and evaluated in a review of municipal services prepared
11pursuant to Section 56430.

12(B) The extension of service will not result in adverse impacts
13on open space or agricultural lands, or have growth inducing
14impacts.

15(C) A later change of organization involving the subject territory
16and its affected agency is not feasible under this division or
17desirable based on the adopted policies of the commission.

end delete

18(d) The executive officer, within 30 days of receipt of a request
19for approval by a city or district to extend services outside its
20jurisdictional boundary, shall determine whether the request is
21complete and acceptable for filing or whether the request is
22incomplete. If a request is determined not to be complete, the
23executive officer shall immediately transmit that determination to
24the requester, specifying those parts of the request that are
25incomplete and the manner in which they can be made complete.
26When the request is deemed complete, the executive officer shall
27place the request on the agenda of the next commission meeting
28for which adequate notice can be given but not more than 90 days
29from the date that the request is deemed complete, unless the
30commission has delegated approval of requests made pursuant to
31this section to the executive officer. The commission or executive
32officer shall approve, disapprove, or approve with conditions the
33extended services. If the new or extended services are disapproved
34or approved with conditions, the applicant may request
35reconsideration, citing the reasons for reconsideration.

36(e) This section does not apply to two or more public agencies
37where the public service to be provided is an alternative to, or
38substitute for, public services already being provided by an existing
39public service provider and where the level of service to be
P4    1provided is consistent with the level of service contemplated by
2the existing service provider.

3(f) This section does not apply to the transfer of nonpotable or
4nontreated water.

5(g) This section does not apply to the provision of surplus water
6to agricultural lands and facilities, including, but not limited to,
7incidental residential structures, for projects that serve conservation
8purposes or that directly support agricultural industries. However,
9prior to extending surplus water service to any project that will
10support or induce development, the city or district shall first request
11and receive written approval from the commission in the affected
12county.

13(h) This section does not apply to an extended service that a
14city or district was providing on or before January 1, 2001.

15(i) This section does not apply to a local publicly owned electric
16utility, as defined by Section 9604 of the Public Utilities Code,
17providing electric services that do not involve the acquisition,
18construction, or installation of electric distribution facilities by the
19local publicly owned electric utility, outside of the utility’s
20jurisdictional boundary.

21(j) This section applies only to the commission of the county in
22which the extension of service is proposed.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 56133.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
24read:end insert

begin insert
25

begin insert56133.5.end insert  

(a) A pilot program is hereby established for the
26Napa, Sonoma, and San Bernardino commissions. If consistent
27with adopted policy, Napa, Sonoma, and San Bernardino
28commissions may authorize a city or district to provide new or
29extended services outside its jurisdictional boundary and outside
30its sphere of influence to support existing or planned uses involving
31public or private properties, subject to approval at a noticed public
32hearing in which the commission makes all of the following
33determinations:

34(1) The extension of service or services deficiency was identified
35and evaluated in a review of municipal services prepared pursuant
36to Section 56430.

37(2) The extension of service will not result in adverse impacts
38on open space or agricultural lands or have growth inducing
39impacts.

P5    1(3) A later change of organization involving the subject territory
2and its affected agency is not feasible under this division or
3desirable based on the adopted policies of the commission.

4(b) Subdivision (d) of Section 56133 shall apply to any request
5for new or extended services pursuant to this section.

6(c) For purposes of this section, “planned use” means any
7project that is included in an approved specific plan.

8(d) The Napa, Sonoma, and San Bernardino commissions shall
9submit a report to the Legislature on their participation in the
10pilot program, including how many requests for extension of
11services were received pursuant to this section and the action by
12the commission to approve, disapprove, or approve with conditions.
13The report required to be submitted pursuant to this subdivision
14shall be submitted in compliance with Section 9795 of the
15Government Code.

16(e) This section shall remain in effect only until January 1, 2021,
17and as of that date is repealed.

end insert
18begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
19is necessary and that a general law cannot be made applicable
20within the meaning of Section 16 of Article IV of the California
21Constitution because of the unique circumstances in Napa, Sonoma,
22and San Bernardino.

end insert


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