BILL ANALYSIS
AB 1582
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1582 (Local Government Committee)
As Amended June 10, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |40-0 |(June 24, |
| | | | | |2009) |
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Original Committee Reference: L. GOV.
SUMMARY : Makes several minor, non-controversial changes to the
laws affecting local government organization and reorganization.
The Senate amendments add clarifying language that would allow a
local agency formation commission (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.
EXISTING LAW establishes the procedures for the organization and
reorganization of cities, counties, and special districts.
AS PASSED BY THE ASSEMBLY , this bill:
1)Allowed a LAFCO to have a one-year window to establish sphere
of influence for a new district, beginning January 1, 2010.
2)Made technical changes to the requirements that must be
contained in a petition for a change of organization or
reorganization.
3)Changed the term "affected local agency" to "subject local
agency" to conform to terminology referenced elsewhere in the
Cortese-Knox-Hertzberg Act (Act).
4)Specified that several counties may be involved in
reorganization proceedings.
5)Provided that the value of written protests shall be
determined pursuant to other sections in the Act.
AB 1582
Page 2
6)Clarified that members of the city council in future elections
can be elected "from district" in addition to the other
methods contained in the Act, which conforms to another
section regarding elections in the Act.
7)Renumbered one section in the Act that currently has the same
number as another section.
FISCAL EFFECT : None
COMMENTS : As statutes go into effect, local officials and
others often discover problems or inconsistencies in the
language of the law and approach the Legislature to correct
them. These minor problems do not warrant separate bills,
particularly since, according to the Legislative Analyst, in
2001-02, the average cost to produce a single bill was $17,890.
The Assembly Local Government Committee (Committee) has found
that it is expeditious and relatively inexpensive to respond to
multiple minor, non-controversial requests on related issues by
combining them into an annual "omnibus bill." Since AB 720
(Local Government
Committee), Chapter 388, Statutes of 2001, which was a clean-up
bill for AB 2838 (Hertzberg), Chapter 761, Statutes of 2000, the
major rewrite of the laws governing local agency organization
and reorganization, the Committee has focused its omnibus bill
efforts on LAFCO-related issues, most recently with AB 3047
(Local Government Committee), Chapter 68, Statutes of 2008. The
Committee has carried on this practice this year by addressing a
number of minor, but still necessary, changes in this bill. The
bill reflects the concerns of LAFCOs and others who have brought
proposals and issues to the Committee. All proposals have been
thoroughly vetted by a large number of stakeholders. Any
proposal that provokes any controversy or opposition is rejected
for inclusion.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0001498