BILL NUMBER: AB 853	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 26, 2009

   An act to add Section  56878   56375.6 
to the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 853, as amended, Arambula.  Local agencies: small
community water systems.   Local government:
organization.  
   The Cortese-Knox-Hertzberg Act of 2000 governs the organization
and reorganization of local governmental entities, including, among
other things, the annexation of island territories to a city or
county.  
   This bill would provide procedures for annexing unincorporated
fringe communities and unincorporated island communities, as defined,
to a city under specified circumstances.  
   Existing law defines "small community water system" to mean a
community water system that serves no more than 3,300 service
connections or a yearlong population of no more than 10,000 persons.
Under the Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000, the local area formation commission is responsible for the
conducting organization and reorganization proceedings for special
districts, as specified.  
   This bill would require the local agency formation commission to
conduct a feasibility review for the consolidation of a small
community water system with one or more of the water systems in the
county, if the board of supervisors of the county receives a written
complaint from a resident or group of residents of a small community
water system, and a majority of the board votes to require the report
by the commission. 
   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 56375.6 is added to the 
 Government Code  , to read:  
   56375.6.  (a) As used in this section, the following terms have
the following meanings:
   (1) "Unincorporated fringe community" means any settled,
unincorporated area that is within 1.5 miles of a municipality or
within or adjacent to a municipality's sphere of influence.
   (2) "Unincorporated island community" means a settled
unincorporated area that is adjacent to one or more municipalities
and is surrounded by a municipality or property owned by the state or
undevelopable land, including, but not limited to, a state or
federal park or wilderness preserve, an ocean, river, lake, or
canyon, a major industrial land use, a public works installation, a
landfill, or agricultural land subject to a Williamson Act contract.
   (b) The board shall petition the commission in the board's county
to approve the annexation to a city of any island or fringe community
after notice and hearing if both of the following conditions exist:
   (1) Twenty-five percent of the registered voters or landowners in
the unincorporated territory file a petition with the board to
initiate an annexation of that community to a municipality.
   (2) The territory contained in the annexation petition constitutes
an unincorporated island or constitutes an unincorporated fringe
that does not have access to adequate wastewater or drinking water
services or infrastructure.
   (c) Notwithstanding any other provision of law, a separate
property tax transfer agreement shall be agreed to between the
annexing city and the county pursuant to Section 99 of the Revenue
and Taxation Code. That agreement shall not affect any existing
master tax sharing agreement between the city and county.
   (d) The commission shall approve, after notice and hearing, the
change of organization or reorganization of a city, subject to
subdivision (a) of Section 57080.
   (e) Subject to the commission's approval of an annexation under
this subdivision, no affected special district shall have the
authority to terminate the annexation.
   (f) Subject to the commission's approval of an annexation under
this subdivision, the city shall amend its general plan to ensure the
that the annexation conforms with the municipality's general plan.
 
  SECTION 1.    Section 56878 is added to the
Government Code, to read:
   56878.  (a) Upon receipt by the board of supervisors, of a written
complaint from any resident or group of residents of a small
community water system, as defined by subdivision (aa) of Section
116275 of the Health and Safety Code, the board of supervisors may
require, upon majority vote, the local agency formation commission in
that county to initiate a feasibility study relating to the
consolidation of the small community water system with one or more of
the water systems in the county.
   (b) To meet the requirements of this section, a local agency
formation commission shall be eligible to receive financial
assistance pursuant to Section 116326 of the Health and Safety Code.