BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 18, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Dodd

                        FEBRUARY 19, 2015

   An act to amend Section 56133 of  , and to add and repeal
Section 56133.5 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 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.   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.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Napa, Sonoma, and San
Bernardino commissions. 
   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 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.
   (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:  
respond to an   existing or impending threat to the health
or safety of the public or the residents of the affected territory,
if both of the following requirements are met:  
   (1) Respond to an existing or impending threat to the health or
safety of the public or the residents of the affected territory, if
both of the following requirements are met:  
   (A) 
    (1)  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) 
    (2)  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 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 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.
   SEC. 2.    Section 56133.5 is added to the  
Government Code   , to read:  
   56133.5.  (a) A pilot program is hereby established for the Napa,
Sonoma, and San Bernardino commissions. If consistent with adopted
policy, Napa, Sonoma, and San Bernardino commissions may authorize a
city or district to provide new or extended services outside its
jurisdictional boundary and outside its sphere of influence to
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:
   (1) The extension of service or services deficiency was identified
and evaluated in a review of municipal services prepared pursuant to
Section 56430.
   (2) The extension of service will not result in adverse impacts on
open space or agricultural lands or have growth inducing impacts.
   (3) 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.
   (b) Subdivision (d) of Section 56133 shall apply to any request
for new or extended services pursuant to this section.
   (c) For purposes of this section, "planned use" means any project
that is included in an approved specific plan.
   (d) The Napa, Sonoma, and San Bernardino commissions shall submit
a report to the Legislature on their participation in the pilot
program, including how many requests for extension of services were
received pursuant to this section and the action by the commission to
approve, disapprove, or approve with conditions. The report required
to be submitted pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
   (e) This section shall remain in effect only until January 1,
2021, and as of that date is repealed. 
   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in Napa,
Sonoma, and San Bernardino.