Amended in Senate August 26, 2015

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.

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.

begin insert

This bill would incorporate additional changes to Section 56133 of the Government Code proposed by SB 239 that would become operative if this bill and SB 239 are both enacted and this bill is enacted last.

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 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
P3    1Public Utilities Code, that has filed a map and a statement of its
2service capabilities with the commission.

3(d) The executive officer, within 30 days of receipt of a request
4for approval by a city or district to extend services outside its
5jurisdictional boundary, shall determine whether the request is
6complete and acceptable for filing or whether the request is
7incomplete. If a request is determined not to be complete, the
8executive officer shall immediately transmit that determination to
9the requester, specifying those parts of the request that are
10incomplete and the manner in which they can be made complete.
11When the request is deemed complete, the executive officer shall
12place the request on the agenda of the next commission meeting
13for which adequate notice can be given but not more than 90 days
14from the date that the request is deemed complete, unless the
15commission has delegated approval of requests made pursuant to
16this section to the executive officer. The commission or executive
17officer shall approve, disapprove, or approve with conditions the
18extended services. If the new or extended services are disapproved
19or approved with conditions, the applicant may request
20reconsideration, citing the reasons for reconsideration.

21(e) This section does not apply to two or more public agencies
22where the public service to be provided is an alternative to, or
23substitute for, public services already being provided by an existing
24public service provider and where the level of service to be
25provided is consistent with the level of service contemplated by
26the existing service provider.

27(f) This section does not apply to the transfer of nonpotable or
28nontreated water.

29(g) This section does not apply to the provision of surplus water
30to agricultural lands and facilities, including, but not limited to,
31incidental residential structures, for projects that serve conservation
32purposes or that directly support agricultural industries. However,
33prior to extending surplus water service to any project that will
34support or induce development, the city or district shall first request
35and receive written approval from the commission in the affected
36county.

37(h) This section does not apply to an extended service that a
38city or district was providing on or before January 1, 2001.

39(i) This section does not apply to a local publicly owned electric
40utility, as defined by Section 9604 of the Public Utilities Code,
P4    1providing electric services that do not involve the acquisition,
2construction, or installation of electric distribution facilities by the
3local publicly owned electric utility, outside of the utility’s
4jurisdictional boundary.

5(j) This section applies only to the commission of the county in
6which the extension of service is proposed.

7begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 56133 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert

9

56133.  

(a) A city or district may provide new or extended
10services by contract or agreement outside its jurisdictional
11begin delete boundariesend deletebegin insert boundaryend insert only if it first requests and receives written
12approval from thebegin delete commission in the affected county.end deletebegin insert commission.end insert

13(b) The commission may authorize a city or district to provide
14new or extended services outside its jurisdictionalbegin delete boundariesend delete
15begin insert boundaryend insert but within its sphere of influence in anticipation of a
16later change of organization.

17(c) begin deleteThe end deletebegin insertIf consistent with adopted policy, theend insertbegin insert end insertcommission may
18authorize a city or district to provide new or extended services
19outside its jurisdictionalbegin delete boundariesend deletebegin insert boundaryend insert and outside its sphere
20of influence to respond to an existing or impending threat to the
21begin delete publicend delete health or safety of thebegin insert public or theend insert residents of the affected
22begin delete territoryend deletebegin insert territory,end insert if both of the following requirements are met:

23(1) The entity applying forbegin delete the contractend delete approval has provided
24the commission with documentation of a threat to the health and
25safety of the public or the affected residents.

26(2) The commission has notified any alternate service provider,
27including any water corporation as defined in Section 241 of the
28Public Utilities Code,begin delete or sewer system corporation as defined in
29Section 230.6 of the Public Utilities Code,end delete
that has filed a map and
30a statement of its service capabilities with the commission.

31(d) The executive officer, within 30 days of receipt of a request
32for approval by a city or districtbegin delete of a contractend delete to extend services
33outside its jurisdictional boundary, shall determine whether the
34request is complete and acceptable for filing or whether the request
35is incomplete. If a request is determined not to be complete, the
36executive officer shall immediately transmit that determination to
37the requester, specifying those parts of the request that are
38incomplete and the manner in which they can be made complete.
39When the request is deemed complete, the executive officer shall
40place the request on the agenda of the next commission meeting
P5    1for which adequate notice can be given but not more than 90 days
2from the date that the request is deemed complete, unless the
3commission has delegated approval ofbegin delete thoseend delete requestsbegin delete toend deletebegin insert made
4pursuant to this section toend insert
the executive officer. The commission
5or executive officer shall approve, disapprove, or approve with
6conditions thebegin delete contract forend delete extended services. If thebegin delete contract isend deletebegin insert new
7or extended services areend insert
disapproved or approved with conditions,
8the applicant may request reconsideration, citing the reasons for
9reconsideration.

begin insert

10(e) This section does not apply to any of the following:

end insert
begin insert

11(1) Two or more public agencies where the public service to be
12provided is an alternative to, or substitute for, public services
13already being provided by an existing public service provider and
14where the level of service to be provided is consistent with the level
15of service contemplated by the existing service provider.

end insert
begin insert

16(2) The transfer of nonpotable or nontreated water.

end insert
begin delete

17(e)

end delete

18begin insert(3)end insertbegin deleteThis section does not apply to contracts or agreements solely
19involving two or more public agencies where the public service
20to be provided is an alternative to, or substitute for, public services
21already being provided by an existing public service provider and
22where the level of service to be provided is consistent with the
23level of service contemplated by the existing service provider. This
24section does not apply to contracts for the transfer of nonpotable
25or nontreated water. This section does not apply to contracts or
26agreements solely involving the end delete
begin insertTheend insertbegin insert end insertprovision of surplus water to
27agricultural lands and facilities, including, but not limited to,
28incidental residential structures, for projects that serve conservation
29purposes or that directly support agricultural industries. However,
30prior to extending surplus water service to any project that will
31support or induce development, the city or district shall first request
32and receive written approval from the commission in the affected
33county.begin delete This section does not apply to an extended service that a
34city or district was providing on or before January 1, 2001. This
35section does not apply to a local publicly owned electric utility,
36as defined by Section 9604 of the Public Utilities Code, providing
37electric services that do not involve the acquisition, construction,
38or installation of electric distribution facilities by the local publicly
39owned electric utility, outside of the utility’s jurisdictional
40boundaries.end delete

begin insert

P6    1(4) An extended service that a city or district was providing on
2or before January 1, 2001.

end insert
begin insert

3(5) A local publicly owned electric utility, as defined by Section
49604 of the Public Utilities Code, providing electric services that
5do not involve the acquisition, construction, or installation of
6electric distribution facilities by the local publicly owned electric
7utility, outside of the utility’s jurisdictional boundary.

end insert
begin insert

8(6) A fire protection contract, as defined in subdivision (a) of
9Section 56134.

end insert
begin insert

10(f) This section applies only to the commission of the county in
11which the extension of service is proposed.

end insert
12

SEC. 2.  

Section 56133.5 is added to the Government Code, to
13read:

14

56133.5.  

(a) A pilot program is hereby established for the
15Napa and San Bernardino commissions. If consistent with adopted
16policy, the Napa and San Bernardino commissions may authorize
17a city or district to provide new or extended services outside its
18jurisdictional boundary and outside its sphere of influence to
19support existing or planned uses involving public or private
20properties, subject to approval at a noticed public hearing in which
21the commission makes all of the following determinations:

22(1) The extension of service or services deficiency was identified
23and evaluated in a review of municipal services prepared pursuant
24to Section 56430.

25(2) The extension of service will not result in either (1) adverse
26impacts on open space or agricultural lands or (2) growth inducing
27impacts.

28(3) A sphere of influence change involving the subject territory
29and its affected agency is not feasible under this division or
30desirable based on the adopted policies of the commission.

31(b) Subdivision (d) of Section 56133 shall apply to any request
32for new or extended services pursuant to this section.

33(c) For purposes of this section, “planned use” means any project
34that is included in an approved specific plan as of July 1, 2015.

35(d) The Napa and San Bernardino commissions shall submit a
36report before January 1, 2020, to the Legislature on their
37participation in the pilot program, including how many requests
38for extension of services were received pursuant to this section
39and the action by the commission to approve, disapprove, or
40approve with conditions. The report required to be submitted
P7    1pursuant to this subdivision shall be submitted in compliance with
2Section 9795 of the Government Code.

begin insert

3(e) The pilot program established pursuant to this section shall
4be consistent with Chapter 8.5 (commencing with Section 1501)
5of the Public Utilities Code.

end insert
begin delete

33 6(e)

end delete

7begin insert(f)end insert This section shall remain in effect only until January 1, 2021,
8and as of that date is repealed.

9

SEC. 3.  

The Legislature finds and declares that a special law
10is necessary and that a general law cannot be made applicable
11within the meaning of Section 16 of Article IV of the California
12Constitution because of the unique circumstances in Napa and San
13Bernardino.

14begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
15Section 56133 of the Government Code proposed by both this bill
16and Senate Bill 239. It shall only become operative if (1) both bills
17are enacted and become effective on or before January 1, 2016,
18(2) each bill amends Section 56133 of the Government Code, and
19(3) this bill is enacted after Senate Bill 239, in which case Section
201 of this bill shall not become operative.

end insert


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