BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: AB 1582 HEARING: 6/17/09
AUTHOR: Local Government Committee FISCAL: No
VERSION: 6/10/09 CONSULTANT: Detwiler
LOCAL AGENCY FORMATION COMMISSIONS
Background
The Cortese-Knox-Hertzberg Local Government Reorganization
Act delegates the Legislature's power to control the
boundaries of cities and special districts to local agency
formation commissions (LAFCOs). The courts call LAFCOs the
Legislature's watchdog over local boundary changes.
As practitioners find problems with the
Cortese-Knox-Hertzberg Act, they ask for statutory
improvements. The Assembly Local Government Committee
responds by authoring clean-up bills. Last year's LAFCO
clean-up bill was AB 3047 (Assembly Local Government
Committee, 2008).
Proposed Law
Assembly Bill 1582 makes six changes to the state laws
affecting local agency formation commissions (LAFCOs) and
local governments' boundaries.
I. Sphere of influence deadline for districts . LAFCOs
must adopt spheres of influence for all cities and special
districts. A sphere of influence is a plan for the city or
special district's probable future boundaries and service
area. When a LAFCO approves a city incorporation proposal,
the commission may determine the proposed new city's sphere
at the same time. A LAFCO must determine a new city's
sphere within one year after incorporation (Government Code
56426.5, added by SB 1057, Davis, 1989). The
Cortese-Knox-Hertzberg Act is silent on LAFCO's deadline
for determining the sphere of influence of a proposed new
special district. Assembly Bill 1582 allows a LAFCO to
determine a proposed new special district's sphere of
influence at the same time the commission approves the
formation. A LAFCO must determine a new special district's
sphere within one year after the district's formation. [See
AB 1582 -- 6/10/09 -- Page 2
1 of the bill.]
II. Spheres of influence and Williamson Act land . The
Williamson Act allows landowners to sign voluntary
contracts that enforceably restrict their land to
agriculture, open space, and compatible uses. A LAFCO
cannot approve a change to a sphere of influence of
Williamson Act contracted land if the city or special
district provides sewers, nonagricultural water, or streets
unless those facilities or services benefit the land uses
allowed under the Williamson Act contract and the landowner
consents (Government Code 56426.5, added by AB 2370,
Thomson, 2002). LAFCOs note that the number of this code
section duplicates the number of the code section added by
the 1989 Davis bill. Assembly Bill 1582 renumbers the
code section without substantive change. [2]
III. Landowner consent . If all of the landowners of the
affected territory apply to LAFCO for certain boundary
changes or if another government's application for certain
boundary changes has the written consent of all of the
landowners of the affected territory, a LAFCO can approve
or disapprove the proposal without notice, hearing, or
election. In the case of legally uninhabited territory, a
LAFCO can waive the protest proceedings if all of the
landowners in the affected territory give their written
consent (Government Code 56663). LAFCOs say that when the
affected territory includes land owned by railroad
companies, it's hard to get the railroads to pay attention
to these requests. As a result, LAFCOs can't use the
expedited statutory procedures on otherwise
noncontroversial boundary changes. Assembly Bill 1582
allows a LAFCO to waive the protest proceedings for
boundary changes affecting legally uninhabited territory if
a private railroad company does not submit written
opposition to the proposed waiver of protest proceedings.
[3]
IV. Protest petitions . If a LAFCO approves a proposed
boundary change for a city or special district, the
commission must hold a public hearing to count protests by
registered voters or landowners. Depending on the amount
of protests, the proposed boundary change can go forward,
go forward subject to voter approval, or stop. These
written protests must state whether the protest comes from
AB 1582 -- 6/10/09 -- Page 3
a landowner or registered voter and contain identifying
information (Government Code 57051 & 57052). The First
District Court of Appeals reviewed this language in
Citizens for Responsible Open Space v. San Mateo County
Local Agency Formation Commission (2008). The Court
concluded that while there may be ambiguity, the
Legislature's intent was clear. LAFCOs want the
Legislature to resolve the statutory ambiguity, effectively
codifying the Court's 2008 decision. Assembly Bill 1582
requires protest petitions to contain the same information
that current law already requires for petitions that
initiate boundary changes. [4 & 5]
V. Incorporation elections . General law cities can elect
their city councils at-large (citywide), by districts (only
the voters in the district vote for the candidates), or
from districts (candidates must live in the district but
run citywide) (Government Code 34871). When a LAFCO
approves of a proposal to incorporate a new city, the
commission's formal resolution must allow the voters to
decide whether future city councils will be elected by
district or at large (Government Code 57116). LAFCOs note
that this statute ignores the opportunity to elect future
city councils from districts. Assembly Bill 1582 adds
"from district" city council elections to the list of
choices that voters have when voting on city
incorporations. [6]
VI. Reorganization election costs . If the voters approve
a proposed reorganization (i.e., a collection of boundary
changes combined into a single proposal; Government Code
56073), state law tells the "affected local agencies" that
they must pay for the election costs (Government Code
57150). In LAFCO parlance, "affected local agency" means
every city, county, or special district that contains the
affected territory (Government Code 56014). LAFCOs say
that it's unfair to make the "affected local agencies" pay
for an election if their boundaries aren't the subject of
the reorganization. LAFCOs want to limit the obligation to
pay to just those agencies whose boundaries are the subject
of the reorganization; in LAFCO dialect, the "subject
agencies" (Government Code 56077). Assembly Bill 1582
shifts the responsibility to pay for a successful
reorganization from the affected local agencies to the
subject local agencies. [7]
AB 1582 -- 6/10/09 -- Page 4
Comment
Avoiding costs and controversies . Even the best written
statutes contain minor flaws. When statutory problems
appear in the state law affecting LAFCOs, the Assembly
Local Government Committee avoids legislative costs by
combining several changes to the state laws into a single,
consensus bill. By carefully reviewing each item with the
affected parties, the Committee also avoids controversy.
The changes made by AB 1582 don't raise statewide policy
questions. They make this complex statute easier for
property owners, residents, and local officials to use.
Assembly Actions
Assembly Local Government Committee: 7-0
Assembly Floor: 77-0
Support and Opposition (6/11/09)
Support : California Association of Local Agency Formation
Commissions.
Opposition : Unknown.