Amended in Senate June 30, 2015

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 Bill No. 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 the Napa 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 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 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) 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.

(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.

(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 and San Bernardino commissions. If consistent with adopted
policy, the Napa 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 begin insert either (1) end insert adverse
impacts on open space or agricultural lands or begin delete have end delete begin insert (2) end insert growth
inducing impacts.

(3) A begin delete later change of organization end delete begin insert sphere of influence change end insert
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 begin insert as of July 1, 2015 end insert .

(d) The Napa and San Bernardino commissions shall submit a
report begin insert before January 1, 2020, end insert 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 and San
Bernardino.