BILL NUMBER: SB 239 INTRODUCED
BILL TEXT
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:
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
boundaries only if it first requests and receives written approval
from the commission in the affected county.
(b) The commission may 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.
(c) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries and
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 if both of the following requirements are met:
(1) The entity applying for the contract 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, or sewer system corporation as defined in
Section 230.6 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 45
days of receipt of a request for approval by a city or district
of a contract 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 those
requests to the executive officer. The commission or executive
officer shall approve, disapprove, or approve with conditions the
contract for extended services. If the contract is disapproved or
approved with conditions, the applicant may request reconsideration,
citing the reasons for reconsideration.
(e) This section does not apply to contracts or agreements solely
involving 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. This
section does not apply to contracts for the transfer of nonpotable or
nontreated water. This section does not apply to contracts or
agreements solely involving 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. This section does not apply to an extended
service that a city or district was providing on or before January 1,
2001. 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 boundaries.