Amended in Assembly January 6, 2014

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 774


Introduced by Assembly Member Donnelly

February 21, 2013


An act to amend Section 25215 of, and to add Sections 25213.7 and 25217.5 to, the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 774, as amended, Donnelly. County service areas: zone dissolution.

The County Service Area Law authorizes the county board of supervisors, acting as the governing authority of a county service area, to provide for the collection and enforcement of property-related fees and charges in the same manner that the county collects and enforces property-related fees and charges for the property-related services that the county provides.begin delete Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides.end delete Existing law authorizes the dissolution of a county service area and allows the board to change the boundaries of a zone, or dissolve the zone, by following specified procedures.

This bill would require the board, upon dissolution of a county service area or a specified zone, to post signs indicating which services and facilities are no longer provided within the zone and require the board to provide adequate maintenance to the signs. begin deleteThisend delete

begin insert

Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides.

end insert

begin insertThis bill would provide that the board may raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities for public streets that the county service area provides. Theend insert bill wouldbegin delete provide that, once the signs are posted,end deletebegin insert prohibitend insert the county and the dissolved zonebegin delete shall not beend deletebegin insert from beingend insert held liable for death or injury resulting from the termination of services or facilitiesbegin insert once the signs are postedend insert. This bill would also provide that the county, county service area, and zones would not be responsible for a loss or injury resulting from the failure to provide maintenance of services or facilitiesbegin insert for public streetsend insert if the boardbegin delete isend deletebegin insert wasend insert unable to raise revenues. This bill would require the board to mail notice to an owner of property within the county service area, or zones thatbegin delete willend deletebegin insert wouldend insert no longer be able to maintain the services or facilities.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 25213.7 is added to the Government
2Code
, to read:

3

25213.7.  

(a) Notwithstanding any other law, upon dissolution
4of a county service area providing services or facilities for a public
5street or divestiture of authority to provide services or facilities
6for a public street, the board shall post clearly visible signs within
7the zone for which authorized services, levels of service, or
8authorized facilities are no longer being provided within the zone.
9The sign shall indicate what service or facility is no longer being
10provided within the zone and that the county and the zone are not
11responsible for any loss or injury resulting from the termination
12of services or facilities. The board shall provide adequate
13maintenance to ensure that the signs remain posted within the zone
14and the message is legible for a period of one year.

15(b) After the signs are posted pursuant to subdivision (a), the
16county and the dissolved zone shall not be held liable for death or
17injury resulting from termination of services or facilities.

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SEC. 2.  

Section 25215 of the Government Code is amended
2to read:

3

25215.  

(a) Whenever the board determines that the amount of
4revenue available to a county service area or any of its zones is
5inadequate to meet the costs of operating and maintaining the
6services and facilitiesbegin insert for public streetsend insert that the county service area
7begin insert or any of its zonesend insert provides, the board may raise revenues pursuant
8to this article or any other provision of law.

9(b) If the board is unable to raise revenues, the county, county
10service area, and begin delete the county service area’send delete begin insert any of itsend insert zones shall
11not be responsible for a loss or injury resulting from the failure to
12provide maintenance of servicesbegin delete orend deletebegin insert andend insert facilitiesbegin insert for public streetsend insert
13 that the county service area or any of its zones provides. The board
14shall mail notice to any owner of property within the county service
15area or any of its zones that it will no longer be able to maintain
16the servicesbegin delete orend deletebegin insert andend insert facilities.

17

SEC. 3.  

Section 25217.5 is added to the Government Code, to
18read:

19

25217.5.  

(a) Upon dissolution of a zone providing services or
20facilities for a public street, as authorized by Section 25217.2, the
21board shall post clearly visible signs within the zone for which
22authorized services, levels of service, or authorized facilities are
23no longer being provided within the zone. The sign shall indicate
24what service or facility is no longer being provided within the zone
25and that the county and the zone are not responsible for any loss
26or injury resulting from the termination of services or facilities.
27The board shall provide adequate maintenance to ensure that the
28signs remain posted within the zone and the message is legible for
29a period of one year.

30(b) After the signs are posted pursuant to subdivision (a), the
31county and the dissolved zone shall not be held liable for death or
32injury resulting from termination of services or facilities.



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