BILL ANALYSIS �
AB 2762
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 2762 (Committee on Local Government) - As Amended: April
24, 2014
SUBJECT : Local government.
SUMMARY : Makes several non-controversial changes to the laws
affecting local government organization and reorganization.
Specifically, this bill :
1)Repeals a provision in current law that grandfathers in all
pending applications filed prior to January 1, 2001 (the
effective date of Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000). Makes conforming changes to
strike out cross references to this repealed section.
2)Makes changes to the independent special district selection
committee, as follows:
a) Authorizes a majority of the independent special
district selection committee to determine to conduct the
committee business by mail, including holding all elections
by mailed ballot;
b) Requires for an election to be valid, at least a quorum
of the special districts must submit valid ballots;
c) Requires, if a quorum of ballots is not received, the
executive director to extend the date to submit ballots by
60 days and notify all districts of the extension; and,
d) Requires all election materials to be retained by the
executive officer for a period of at least six months after
the announcement of the election results.
3)Authorizes, until January 1, 2019, a local agency formation
commission (LAFCO) to review and comment on both of the
following:
a) The extension of services into previously unserved
territory within unincorporated areas; and,
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b) The creation of new service providers to extend urban
type development unto previously unserved territory within
unincorporated areas.
4)States that the purpose of the review in 3), above, is to
ensure that the proposed extension of services or creation of
new service providers is consistent with policies established
in current law for LAFCOs, including but not limited to
promoting orderly development, discouraging urban sprawl,
preserving open space and prime agricultural lands, providing
housing for persons and families of all incomes, and the
efficient extension of governmental services.
5)Requires submittal of a plan for services whenever a proposal
for a change of organization or reorganization is submitted
not just when a local agency submits a resolution of
application.
6)Restructures the list of factors in current law that LAFCOs
must consider in a review of a proposal for a change of
organization or reorganization.
7)Provides that the specific terms and conditions imposed by a
LAFCO (pursuant to Government Code 56886) prevail in an event
of conflict with any of the general provisions (pursuant to
Government Code 57300).
8)Replaces the term "voter" with "landowners" in a provision of
current law that relates to a "landowner-voter" district.
9)Makes technical changes to correct cross references in
existing law.
10)Specifies that no reimbursement is necessary pursuant to
Article XIII B, Section 6, of the California Constitution
because a local agency has the authority to levy fees
sufficient to pay for the program or level of service mandated
by this act, within the meaning of current law.
EXISTING LAW establishes the procedures for the organization and
reorganization of cities, counties, and special districts under
the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.
FISCAL EFFECT : This bill is keyed fiscal.
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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 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 the major rewrite of
the law governing local agency organization and reorganization
[AB 2838 (Hertzberg), Chapter 761, Statutes of 2000], the
Committee has focused its omnibus bill efforts on LAFCO-related
issues, most recently with AB 2795, Chapter 47, Statutes of
2010; AB 1430, Chapter 300, Statutes of 2011; AB 2698, Chapter
62, Statutes of 2012; and, AB 1427, Chapter 87, Statutes of
2013.
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 are vetted by a large number of stakeholders. Any
proposal that provokes any controversy or opposition is rejected
for inclusion. This bill is sponsored by the California
Association of Local Agency Formation Commissions.
Arguments in support . Supporters argue that the
non-controversial changes included in this bill are necessary as
LAFCOs implement the Cortese-Knox-Hertzberg Act Local Government
Reorganization Act of 2000.
Arguments in opposition . None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Local Agency Formation Commissions
Butte Local Agency Formation Commission
Contra Costa Local Agency Formation Commission
Marin Local Agency Formation Commission
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Placer County Local Agency Formation Commission
San Benito Local Agency Formation Commission
San Bernardino Local Agency Formation Commission
Santa Clara County Local Agency Formation Commission
Sonoma Local Agency Formation Commission
Stanislaus Local Agency Formation Commission
Opposition
None on file
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958