Amended in Senate June 16, 2015

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 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 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 thebegin delete Napa, Sonoma,end deletebegin insert Napaend insert 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 thebegin delete Napa, Sonoma,end deletebegin insert Napaend insert 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:

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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 to respond to an existing or impending threat to the health
15or safety of the public or the residents of the affected territory, if
16both of the following requirements are met:

17(1) The entity applying for approval has provided the
18commission with documentation of a threat to the health and safety
19of the public or the affected residents.

20(2) The commission has notified any alternate service provider,
21including any water corporation as defined in Section 241 of the
22Public Utilities Code, that has filed a map and a statement of its
23service capabilities with the commission.

24(d) The executive officer, within 30 days of receipt of a request
25for approval by a city or district to extend services outside its
26jurisdictional boundary, shall determine whether the request is
27complete and acceptable for filing or whether the request is
28incomplete. If a request is determined not to be complete, the
29executive officer shall immediately transmit that determination to
P3    1the requester, specifying those parts of the request that are
2incomplete and the manner in which they can be made complete.
3When the request is deemed complete, the executive officer shall
4place the request on the agenda of the next commission meeting
5for which adequate notice can be given but not more than 90 days
6from the date that the request is deemed complete, unless the
7commission has delegated approval of requests made pursuant to
8this section to the executive officer. The commission or executive
9officer shall approve, disapprove, or approve with conditions the
10extended services. If the new or extended services are disapproved
11or approved with conditions, the applicant may request
12reconsideration, citing the reasons for reconsideration.

13(e) This section does not apply to two or more public agencies
14where the public service to be provided is an alternative to, or
15substitute for, public services already being provided by an existing
16public service provider and where the level of service to be
17provided is consistent with the level of service contemplated by
18the existing service provider.

19(f) This section does not apply to the transfer of nonpotable or
20nontreated water.

21(g) This section does not apply to the provision of surplus water
22to agricultural lands and facilities, including, but not limited to,
23incidental residential structures, for projects that serve conservation
24purposes or that directly support agricultural industries. However,
25prior to extending surplus water service to any project that will
26support or induce development, the city or district shall first request
27and receive written approval from the commission in the affected
28county.

29(h) This section does not apply to an extended service that a
30city or district was providing on or before January 1, 2001.

31(i) This section does not apply to a local publicly owned electric
32utility, as defined by Section 9604 of the Public Utilities Code,
33providing electric services that do not involve the acquisition,
34construction, or installation of electric distribution facilities by the
35local publicly owned electric utility, outside of the utility’s
36jurisdictional boundary.

37(j) This section applies only to the commission of the county in
38which the extension of service is proposed.

39

SEC. 2.  

Section 56133.5 is added to the Government Code, to
40read:

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56133.5.  

(a) A pilot program is hereby established for the
2begin delete Napa, Sonoma,end deletebegin insert Napaend insert and San Bernardino commissions. If
3consistent with adopted policy,begin delete Napa, Sonoma,end deletebegin insert the Napaend insert and San
4Bernardino commissions may authorize a city or district to provide
5new or extended services outside its jurisdictional boundary and
6outside its sphere of influence to support existing or planned uses
7involving public or private properties, subject to approval at a
8noticed public hearing in which the commission makes all of the
9following determinations:

10(1) The extension of service or services deficiency was identified
11and evaluated in a review of municipal services prepared pursuant
12to Section 56430.

13(2) The extension of service will not result in adverse impacts
14on open space or agricultural lands or have growth inducing
15impacts.

16(3) A later change of organization involving the subject territory
17and its affected agency is not feasible under this division or
18desirable based on the adopted policies of the commission.

19(b) Subdivision (d) of Section 56133 shall apply to any request
20for new or extended services pursuant to this section.

21(c) For purposes of this section, “planned use” means any project
22that is included in an approved specific plan.

23(d) Thebegin delete Napa, Sonoma,end deletebegin insert Napaend insert and San Bernardino commissions
24shall submit a report to the Legislature on their participation in the
25pilot program, including how many requests for extension of
26services were received pursuant to this section and the action by
27the commission to approve, disapprove, or approve with conditions.
28The report required to be submitted pursuant to this subdivision
29shall be submitted in compliance with Section 9795 of the
30Government Code.

31(e) This section shall remain in effect only until January 1, 2021,
32and as of that date is repealed.

33

SEC. 3.  

The Legislature finds and declares that a special law
34is necessary and that a general law cannot be made applicable
35within the meaning of Section 16 of Article IV of the California
36Constitution because of the unique circumstances inbegin delete Napa, Sonoma,end delete
37begin insert Napaend insert and San Bernardino.



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