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 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.


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:

P2    1


Section 56133 of the Government Code is
2amended to read:



(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

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
P3    1incomplete. If a request is determined not to be complete, the
2executive officer shall immediately transmit that determination to
3the requester, specifying those parts of the request that are
4incomplete and the manner in which they can be made complete.
5When the request is deemed complete, the executive officer shall
6place the request on the agenda of the next commission meeting
7for which adequate notice can be given but not more than 90 days
8from the date that the request is deemed complete, unless the
9commission has delegated approval of requests made pursuant to
10this section to the executive officer. The commission or executive
11officer shall approve, disapprove, or approve with conditions the
12extended services. If the new or extended services are disapproved
13or approved with conditions, the applicant may request
14reconsideration, citing the reasons for reconsideration.

15(e) This section does not apply to two or more public agencies
16where the public service to be provided is an alternative to, or
17substitute for, public services already being provided by an existing
18public service provider and where the level of service to be
19provided is consistent with the level of service contemplated by
20the existing service provider.

21(f) This section does not apply to the transfer of nonpotable or
22nontreated water.

23(g) This section does not apply to the provision of surplus water
24to agricultural lands and facilities, including, but not limited to,
25incidental residential structures, for projects that serve conservation
26purposes or that directly support agricultural industries. However,
27prior to extending surplus water service to any project that will
28support or induce development, the city or district shall first request
29and receive written approval from the commission in the affected

31(h) This section does not apply to an extended service that a
32city or district was providing on or before January 1, 2001.

33(i) This section does not apply to a local publicly owned electric
34utility, as defined by Section 9604 of the Public Utilities Code,
35providing electric services that do not involve the acquisition,
36construction, or installation of electric distribution facilities by the
37local publicly owned electric utility, outside of the utility’s
38jurisdictional boundary.

39(j) This section applies only to the commission of the county in
40which the extension of service is proposed.

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SEC. 2.  

Section 56133.5 is added to the Government Code, to



(a) A pilot program is hereby established for the
4Napa and San Bernardino commissions. If consistent with adopted
5policy, the Napa and San Bernardino commissions may authorize
6a city or district to provide new or extended services outside its
7jurisdictional boundary and outside its sphere of influence to
8support existing or planned uses involving public or private
9properties, subject to approval at a noticed public hearing in which
10the commission makes all of the following determinations:

11(1) The extension of service or services deficiency was identified
12and evaluated in a review of municipal services prepared pursuant
13to Section 56430.

14(2) The extension of service will not result inbegin insert either (1)end insert adverse
15impacts on open space or agricultural lands orbegin delete haveend deletebegin insert (2)end insert growth
16inducing impacts.

17(3) Abegin delete later change of organizationend deletebegin insert sphere of influence changeend insert
18 involving the subject territory and its affected agency is not feasible
19under this division or desirable based on the adopted policies of
20the commission.

21(b) Subdivision (d) of Section 56133 shall apply to any request
22for new or extended services pursuant to this section.

23(c) For purposes of this section, “planned use” means any project
24that is included in an approved specific planbegin insert as of July 1, 2015end insert.

25(d) The Napa and San Bernardino commissions shall submit a
26reportbegin insert before January 1, 2020,end insert to the Legislature on their
27participation in the pilot program, including how many requests
28for extension of services were received pursuant to this section
29and the action by the commission to approve, disapprove, or
30approve with conditions. The report required to be submitted
31pursuant to this subdivision shall be submitted in compliance with
32Section 9795 of the Government Code.

33(e) This section shall remain in effect only until January 1, 2021,
34and as of that date is repealed.


SEC. 3.  

The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
P5    1Constitution because of the unique circumstances in Napa and San