BILL NUMBER: SB 1498 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Emmerson
FEBRUARY 24, 2012
An act to amend Sections 56133 and 56375 of the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1498, as introduced, Emmerson. Local agency formation
commission: powers.
(1) 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.
This bill would additionally authorize the commission to authorize
a city or district to provide new or existing services outside its
jurisdictional boundaries and outside its sphere of influence to
support existing or planned uses involving public or private
properties, subject to approval at a noticed public hearing, in which
certain determinations are made. The bill would also authorize the
commission to delegate to its executive officer the approval of
certain requests to authorize a city or district to provide new or
extended services outside its jurisdictional boundaries or outside
its sphere of influence, as described above, under specified
circumstances. The bill would also make certain technical,
nonsubstantive, and conforming changes.
(2) The Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 prohibits a local agency formation commission from approving
an annexation to a city of any territory greater than 10 acres, or
as determined, that includes a disadvantaged unincorporated community
that is contiguous to the area of proposed annexation, subject to
specified exceptions.
This bill would repeal this 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 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 boundary only if it first requests
and receives written approval from the commission in the
affected county . The commission may delegate approval
of requests made pursuant to subdivision (b) and paragraph (1) of
subdivision (c) to the executive officer.
(b) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries
boundary but within its sphere of influence in
anticipation of a later change of organization.
(c) The If the consistent with adopted
commission policy, the commission may authorize a city or
district to provide new or extended services outside its
jurisdictional boundaries boundary and
outside its sphere of influence as follows: to
(1) 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)
(A) 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)
(B) 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.
(2) To support existing or planned uses involving public or
private properties, subject to approval at a noticed public hearing
in which all of the following determinations are made:
(A) The extension of service or service deficiency was identified
and evaluated in a municipal service review prepared by the
commission pursuant to Section 56430.
(B) The effect of the extension of service would not result in
adverse impacts on open space or agricultural lands or result in
adverse growth inducing impacts.
(C) A later change of organization involving the subject property
and the affected agency is not feasible or desirable based on the
adopted policies of the commission.
(d) The executive officer, 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, 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 made
under this section 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 extended services are 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 commission determines 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
(f) This section does
not apply to contracts for the transfer of
nonpotable or nontreated water. This
(g) 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
(h) This section does not apply
to an extended service that a city or district was providing on or
before January 1, 2001. This
(i) 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.
(j) The commission in the county in which the extension of the
service is proposed shall have discretion to implement this section.
SEC. 2. Section 56375 of the Government Code is amended to read:
56375. The commission shall have all of the following powers and
duties subject to any limitations upon its jurisdiction set forth in
this part:
(a) (1) To review and approve with or without amendment, wholly,
partially, or conditionally, or disapprove proposals for changes of
organization or reorganization, consistent with written policies,
procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of
application for any of the following:
(A) The consolidation of a district, as defined in Section 56036.
(B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in
subparagraph (A), (B), (C), (D), or (E).
(3) A commission may initiate a proposal described in paragraph
(2) only if that change of organization or reorganization is
consistent with a recommendation or conclusion of a study prepared
pursuant to Section 56378, 56425, or 56430, and the commission makes
the determinations specified in subdivision (b) of Section 56881.
(4) A commission shall not disapprove an annexation to a city,
initiated by resolution, of contiguous territory that the commission
finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which
the annexation is proposed or by that city and a county boundary or
the Pacific Ocean if the territory to be annexed is substantially
developed or developing, is not prime agricultural land as defined in
Section 56064, is designated for urban growth by the general plan of
the annexing city, and is not within the sphere of influence of
another city.
(B) Located within an urban service area that has been delineated
and adopted by a commission, which is not prime agricultural land, as
defined by Section 56064, and is designated for urban growth by the
general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands
meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which the
annexation is proposed, the commission may require, where consistent
with the purposes of this division, that the annexation include the
entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.
(7) The decision of the commission with regard to a proposal to
annex territory to a city shall be based upon the general plan and
prezoning of the city. When the development purposes are not made
known to the annexing city, the annexation shall be reviewed on the
basis of the adopted plans and policies of the annexing city or
county. A commission shall require, as a condition to annexation,
that a city prezone the territory to be annexed or present evidence
satisfactory to the commission that the existing development
entitlements on the territory are vested or are already at build-out,
and are consistent with the city's general plan. However, the
commission shall not specify how, or in what manner, the territory
shall be prezoned.
(8) (A) Except for those changes of organization or reorganization
authorized under Section 56375.3, and except as provided by
subparagraph (B), a commission shall not approve an annexation to a
city of any territory greater than 10 acres, or as determined by
commission policy, where there exists a disadvantaged unincorporated
community that is contiguous to the area of proposed annexation,
unless an application to annex the disadvantaged unincorporated
community to the subject city has been filed with the executive
officer.
(B) An application to annex a contiguous disadvantaged community
shall not be required if either of the following apply:
(i) A prior application for annexation of the same disadvantaged
community has been made in the preceding five years.
(ii) The commission finds, based upon written evidence, that a
majority of the residents within the affected territory are opposed
to annexation.
(b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or detachment,
to determine whether territory proposed for annexation or detachment,
as described in its resolution approving the annexation, detachment,
or reorganization, is inhabited or uninhabited.
(c) With regard to a proposal for consolidation of two or more
cities or districts, to determine which city or district shall be the
consolidated successor city or district.
(d) To approve the annexation of unincorporated, noncontiguous
territory, subject to the limitations of Section 56742, located in
the same county as that in which the city is located, and that is
owned by a city and used for municipal purposes and to authorize the
annexation of the territory without notice and hearing.
(e) To approve the annexation of unincorporated territory
consistent with the planned and probable use of the property based
upon the review of general plan and prezoning designations. No
subsequent change may be made to the general plan for the annexed
territory or zoning that is not in conformance to the prezoning
designations for a period of two years after the completion of the
annexation, unless the legislative body for the city makes a finding
at a public hearing that a substantial change has occurred in
circumstances that necessitate a departure from the prezoning in the
application to the commission.
(f) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district or, for a landowner-voter special district, the number of
owners of land and the assessed value of their land within the
territory proposed to be included in the new special district. The
number of registered voters shall be calculated as of the time of the
last report of voter registration by the county elections official
to the Secretary of State prior to the date the first signature was
affixed to the petition. The executive officer shall notify the
petitioners of the number of registered voters resulting from this
calculation. The assessed value of the land within the territory
proposed to be included in a new landowner-voter special district
shall be calculated as shown on the last equalized assessment roll.
(g) To adopt written procedures for the evaluation of proposals,
including written definitions consistent with existing state law. The
commission may adopt standards for any of the factors enumerated in
Section 56668. Any standards adopted by the commission shall be
written.
(h) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the initiation
of a change of organization or reorganization pursuant to subdivision
(a).
(i) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
(j) To incur usual and necessary expenses for the accomplishment
of its functions.
(k) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out and
effect the functions of the commission.
( l ) To review the boundaries of the territory
involved in any proposal with respect to the definiteness and
certainty of those boundaries, the nonconformance of proposed
boundaries with lines of assessment or ownership, and other similar
matters affecting the proposed boundaries.
(m) To waive the restrictions of Section 56744 if it finds that
the application of the restrictions would be detrimental to the
orderly development of the community and that the area that would be
enclosed by the annexation or incorporation is so located that it
cannot reasonably be annexed to another city or incorporated as a new
city.
(n) To waive the application of Section 22613 of the Streets and
Highways Code if it finds the application would deprive an area of a
service needed to ensure the health, safety, or welfare of the
residents of the area and if it finds that the waiver would not
affect the ability of a city to provide any service. However, within
60 days of the inclusion of the territory within the city, the
legislative body may adopt a resolution nullifying the waiver.
(o) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as defined
in Section 2215 of the Revenue and Taxation Code, the commission
shall determine the property tax revenue to be exchanged by the
affected local agencies pursuant to Section 56810.
(p) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
(q) To enter into an agreement with the commission for an
adjoining county for the purpose of determining procedures for the
consideration of proposals that may affect the adjoining county or
where the jurisdiction of an affected agency crosses the boundary of
the adjoining county.
(r) To approve with or without amendment, wholly, partially, or
conditionally, or disapprove pursuant to this section the annexation
of territory served by a mutual water company formed pursuant to Part
7 (commencing with Section 14300) of Division 3 of Title 1 of the
Corporations Code that operates a public water system to a city or
special district. Any annexation approved in accordance with this
subdivision shall be subject to the state and federal constitutional
prohibitions against the taking of private property without the
payment of just compensation. This subdivision shall not impair the
authority of a public agency or public utility to exercise eminent
domain authority.