Senate BillNo. 239


Introduced by Senator Hertzberg

February 17, 2015


An act to amend Section 56133 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 239, as introduced, Hertzberg. Cities and districts: extended services.

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 authorizes a city or district to provide new or extended services by contract or agreement outside its jurisdictional boundaries if the city or district requests and receives permission to do so from the local agency formation commission in the affected county. Existing law authorizes the commission to authorize a city or district to provide new or extended services outside its jurisdictional boundaries but within its sphere of influence in anticipation of a later change of organization, or outside its sphere of influence to respond to an existing or impending threat to the public health or safety of the residents of the affected territory, under specified circumstances. Existing law requires the executive officer of the local agency formation commission, within 30 days of receipt of a request for approval by a city or district of a contract to extend services outside its jurisdictional boundary, to determine whether the request is complete and acceptable for filing, as specified.

This bill would extend the period within which the executive officer is required to make that determination to 45 days.

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:

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56133.  

(a) A city or district may provide new or extended
4services by contract or agreement outside its jurisdictional
5boundaries only if it first requests and receives written approval
6from the commission in the affected county.

7(b) The commission may authorize a city or district to provide
8new or extended services outside its jurisdictional boundaries but
9within its sphere of influence in anticipation of a later change of
10organization.

11(c) The commission may authorize a city or district to provide
12new or extended services outside its jurisdictional boundaries and
13outside its sphere of influence to respond to an existing or
14impending threat to the public health or safety of the residents of
15the affected territory if both of the following requirements are met:

16(1) The entity applying for the contract approval has provided
17the commission with documentation of a threat to the health and
18safety of the public or the affected residents.

19(2) The commission has notified any alternate service provider,
20including any water corporation as defined in Section 241 of the
21Public Utilities Code, or sewer system corporation as defined in
22Section 230.6 of the Public Utilities Code, that has filed a map and
23a statement of its service capabilities with the commission.

24(d) The executive officer, withinbegin delete 30end deletebegin insert 45end insert days of receipt of a
25request for approval by a city or district of a contract to extend
26services outside its jurisdictional boundary, shall determine whether
27the request is complete and acceptable for filing or whether the
28request is incomplete. If a request is determined not to be complete,
29the executive officer shall immediately transmit that determination
30to the requester, specifying those parts of the request that are
31incomplete and the manner in which they can be made complete.
32When the request is deemed complete, the executive officer shall
33place the request on the agenda of the next commission meeting
34for which adequate notice can be given but not more than 90 days
35from the date that the request is deemed complete, unless the
36commission has delegated approval of those requests to the
37executive officer. The commission or executive officer shall
38approve, disapprove, or approve with conditions the contract for
P3    1extended services. If the contract is disapproved or approved with
2conditions, the applicant may request reconsideration, citing the
3reasons for reconsideration.

4(e) This section does not apply to contracts or agreements solely
5involving two or more public agencies where the public service
6to be provided is an alternative to, or substitute for, public services
7already being provided by an existing public service provider and
8where the level of service to be provided is consistent with the
9level of service contemplated by the existing service provider. This
10section does not apply to contracts for the transfer of nonpotable
11or nontreated water. This section does not apply to contracts or
12agreements solely involving the provision of surplus water to
13agricultural lands and facilities, including, but not limited to,
14incidental residential structures, for projects that serve conservation
15purposes or that directly support agricultural industries. However,
16prior to extending surplus water service to any project that will
17support or induce development, the city or district shall first request
18and receive written approval from the commission in the affected
19county. This section does not apply to an extended service that a
20city or district was providing on or before January 1, 2001. This
21section does not apply to a local publicly owned electric utility,
22as defined by Section 9604 of the Public Utilities Code, providing
23electric services that do not involve the acquisition, construction,
24or installation of electric distribution facilities by the local publicly
25owned electric utility, outside of the utility’s jurisdictional
26boundaries.



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