AB 1582 Assembly Bill

BILL NUMBER: AB 1582	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Local Government (Caballero (Chair),
Knight (Vice Chair), Arambula, Davis, Duvall, Krekorian, and Skinner)

                        MARCH 31, 2009

   An act to amend Sections 56426.5, 57051, 57052, and 57150 of, and
to amend and renumber Section 56426.5 of, the Government Code,
relating to local agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1582, as introduced, Committee on Local Government. Local
agencies: spheres of influence.
    (1) Existing law requires a commission to develop and determine
the sphere of influence of each local governmental agency within the
county. A commission is authorized, at the time a commission approves
a proposal for an incorporation or a reorganization which includes
an incorporation, to determine the sphere of influence for the
proposed new city. The commission is required to determine the sphere
of influence for any newly incorporated city within one year of the
effective date of incorporation.
   This bill would authorize a commission, beginning January 1, 2010,
to determine the sphere of influence for a proposed new district,
when a commission approves a formation or reorganization that
includes the formation of a district. The commission would be
required to determine the sphere of influence for any newly formed
district within one year of the effective date of formation.
    (2) 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
any owner of land or registered voter within inhabited territory
proposed to be annexed or detached, or any owner of land within
uninhabited territory proposed to be annexed or detached, to file a
written protest against the annexation or detachment at any time
prior to the conclusion of the noticed protest. The written protest
is required to include the name and address of the owner of the land
affected and the street address or other description sufficient to
identify the location of the land or the name and address of the
registered voter as it appears on the affidavit of registration.
   This bill would repeal the requirement that the written protest
include that information and would instead require the written
protest to contain the same information that is required in a
petition that proposes a change or organization or reorganization.
The bill would additionally require the commission to determine the
value of written protests in accordance with those petition
requirements.
   (3) Existing law requires the expenses incurred in conducting
elections for a change of organization or reorganization to be paid
in a specified manner.
   This bill would make technical conforming changes to that
provision.
   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 56426.5 of the Government Code, as added by
Section 6 of Chapter 1384 of the Statutes of 1989, is amended to
read:
   56426.5.  (a) Beginning January 1, 1990, at the time a commission
approves a proposal for an incorporation or a reorganization which
includes an incorporation, the commission may determine the sphere of
influence for the proposed new city.  Except as provided in
subdivision (b), the   The  commission shall
determine the sphere of influence for any newly incorporated city
within one year of the effective date of incorporation. 
   (b) The commission shall determine the sphere of influence for any
newly incorporated city, the proposal for which was approved by the
commission before January 1, 1990, by January 1, 1991.  

   (b) Beginning January 1, 2010, at the time when a commission
approves a formation or reorganization that includes the formation of
a district, the commission may determine the sphere of influence for
the proposed new district. The commission shall determine the sphere
of influence for any newly formed district within one year of the
effective date of formation. 
  SEC. 2.  Section 56426.5 of the Government Code, as added by
Section 4 of Chapter 614 of the Statutes of 2002, is amended and
renumbered to read:
    56426.5.   56426.6.   (a) The
commission shall not approve a change to the sphere of influence of a
local government agency of territory that is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965
(Chapter 7 (commencing with Section 51200) of Part 1 of Division 1)
if that local government agency provides  ,  or would
provide ,  facilities or services related to sewers,
nonagricultural water, or streets and roads to the territory, unless
these facilities or services benefit land uses that are allowed under
the contract and the landowner consents to the change to the sphere
of influence.
   (b)  (1)    Notwithstanding subdivision (a), the
commission may nevertheless approve a change for that territory if
it finds either of the following: 
   (1) 
    (A)  That the change would facilitate planned, orderly,
and efficient patterns of land use or provision of services, and the
public interest in the change substantially outweighs the public
interest in the current continuation of the contract beyond its
current expiration date. 
   (2) 
    (B)  That the change is not likely to adversely affect
the continuation of the contract beyond its current expiration date.

   In 
    (2)     In  making  this
  a  determination  pursuant to this
subdivision  , the commission shall consider all of the
following:
   (A) The policies and implementation measures adopted by the city
or county that would administer the contract both before and after
any ultimate annexation, relative to the continuation of agriculture
or other uses allowable under the contract.
   (B) The infrastructure plans of the annexing agency.
   (C) Other factors that the commission deems relevant.
   (c) This section shall not apply to any of the following:
   (1) Territory that is subject to a contract for which a notice of
nonrenewal has been served pursuant to Section 51245.
   (2) Territory that is subject to a contract for which a tentative
cancellation has been approved pursuant to Section 51282.
   (3) Territory for which the governing body of the county or city
administering the contract has given its written approval to the
change and the landowner consents to the change.
  SEC. 3.  Section 57051 of the Government Code is amended to read:
   57051.  At any time prior to the conclusion of the protest hearing
in the notice given by the executive officer, but not thereafter,
any owner of land or any registered voter within inhabited territory
that is the subject of a proposed change of organization or
reorganization, or any owner of land within uninhabited territory
that is the subject of a proposed change of organization or
reorganization, may file a written protest against the change of
organization or reorganization. Each written protest shall state
whether it is made by a landowner or registered voter and 
the name and address of the owner of the land affected and the street
address or other description sufficient to identify the location of
the land or the name and address of the registered voter as it
appears on the affidavit of registration   shall include
the same information that is required in a petition for a change of
organization or reorganization, as specified in Section 56704  .
Protests may be made on behalf of an owner of land by an agent
authorized in writing by the owner to act as agent with respect to
that land. Protests may be made on behalf of a private corporation
which is an owner of land by any officer or employee of the
corporation without written authorization by the corporation to act
as agent in making that protest.
   Each written protest shall show the date that each signature was
affixed to the protest. All signatures without a date or bearing a
date prior to the date of publication of the notice shall be
disregarded for purposes of ascertaining the value of any written
protests.
  SEC. 4.  Section 57052 of the Government Code is amended to read:
   57052.  Upon conclusion of the protest hearing, the commission
shall determine the value of written protests filed and not
withdrawn. The value of written protests shall be determined in the
same manner prescribed in Sections  56704,  56707, 56708,
and 56710 for determining the sufficiency of petitions filed with the
commission.
  SEC. 5.  Section 57150 of the Government Code is amended to read:
   57150.  All proper expenses incurred in conducting elections for a
change of organization or reorganization pursuant to this chapter
shall be paid, unless otherwise provided by agreement between the
commission and the proponents, as follows:
   (a) In the case of annexation or detachment proceedings, by the
local agency to or from which territory is annexed, or from which
territory is detached, or was proposed to be annexed or detached.
   (b) In the case of incorporation or formation proceedings, by the
newly incorporated city or the newly formed district, if successful,
or by the county within which the proposed city or district is
located  ,  if the incorporation proceedings are terminated.
In the case of a separate election for city officers held following
the election for incorporation pursuant to Section 56825.5, by the
newly incorporated city.
   (c) In the case of disincorporation or dissolution proceedings,
from the remaining assets of the disincorporated city or dissolved
district or by the city proposed to be disincorporated or the
district proposed to be dissolved if disincorporation or dissolution
proceedings are terminated.
   (d) In the case of consolidation proceedings, by the successor
city or district or by the local agencies proposed to be
consolidated, to be paid by those local agencies in proportion to
their respective assessed values, if proceedings are terminated.
   (e) In the case of a reorganization  ,   by either of
the following  :
   (1) If the reorganization is ordered, by the  affected
  subject  local agencies or successor local
agencies, as the case may be, for any of the 
above-enumerated  changes of organization  which
  specified in subdivisions (a) to (d), inclusive, that
 may be included in the particular reorganization, to be paid by
those local agencies in proportion to their assessed value.
   (2) If the reorganization proceedings are terminated or the
proposal is defeated, by the county  or counties  within
which the  city   subject local agency  is
located.