California Assembly Bill AB1582 Introduced / Bill

 BILL NUMBER: AB 1582INTRODUCED BILL TEXT INTRODUCED BY Committee on Local Government (Caballero (Chair), Knight (Vice Chair), Arambula, Davis, Duvall, Krekorian, and Skinner) MARCH 31, 2009 An act to amend Sections 56426.5, 57051, 57052, and 57150 of, and to amend and renumber Section 56426.5 of, the Government Code, relating to local agencies. LEGISLATIVE COUNSEL'S DIGEST AB 1582, as introduced, Committee on Local Government. Local agencies: spheres of influence. (1) Existing law requires a commission to develop and determine the sphere of influence of each local governmental agency within the county. A commission is authorized, at the time a commission approves a proposal for an incorporation or a reorganization which includes an incorporation, to determine the sphere of influence for the proposed new city. The commission is required to determine the sphere of influence for any newly incorporated city within one year of the effective date of incorporation. This bill would authorize a commission, beginning January 1, 2010, to determine the sphere of influence for a proposed new district, when a commission approves a formation or reorganization that includes the formation of a district. The commission would be required to determine the sphere of influence for any newly formed district within one year of the effective date of formation. (2) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts. Existing law permits any owner of land or registered voter within inhabited territory proposed to be annexed or detached, or any owner of land within uninhabited territory proposed to be annexed or detached, to file a written protest against the annexation or detachment at any time prior to the conclusion of the noticed protest. The written protest is required to include the name and address of the owner of the land affected and the street address or other description sufficient to identify the location of the land or the name and address of the registered voter as it appears on the affidavit of registration. This bill would repeal the requirement that the written protest include that information and would instead require the written protest to contain the same information that is required in a petition that proposes a change or organization or reorganization. The bill would additionally require the commission to determine the value of written protests in accordance with those petition requirements. (3) Existing law requires the expenses incurred in conducting elections for a change of organization or reorganization to be paid in a specified manner. This bill would make technical conforming changes to that 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 56426.5 of the Government Code, as added by Section 6 of Chapter 1384 of the Statutes of 1989, is amended to read: 56426.5. (a) Beginning January 1, 1990, at the time a commission approves a proposal for an incorporation or a reorganization which includes an incorporation, the commission may determine the sphere of influence for the proposed new city.  Except as provided in subdivision (b), the   The  commission shall determine the sphere of influence for any newly incorporated city within one year of the effective date of incorporation.  (b) The commission shall determine the sphere of influence for any newly incorporated city, the proposal for which was approved by the commission before January 1, 1990, by January 1, 1991.   (b) Beginning January 1, 2010, at the time when a commission approves a formation or reorganization that includes the formation of a district, the commission may determine the sphere of influence for the proposed new district. The commission shall determine the sphere of influence for any newly formed district within one year of the effective date of formation.  SEC. 2. Section 56426.5 of the Government Code, as added by Section 4 of Chapter 614 of the Statutes of 2002, is amended and renumbered to read:  56426.5.   56426.6.  (a) The commission shall not approve a change to the sphere of influence of a local government agency of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1) if that local government agency provides  ,  or would provide ,  facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change to the sphere of influence. (b)  (1)    Notwithstanding subdivision (a), the commission may nevertheless approve a change for that territory if it finds either of the following:  (1)   (A)  That the change would facilitate planned, orderly, and efficient patterns of land use or provision of services, and the public interest in the change substantially outweighs the public interest in the current continuation of the contract beyond its current expiration date.  (2)   (B)  That the change is not likely to adversely affect the continuation of the contract beyond its current expiration date.  In   (2)     In  making  this   a  determination  pursuant to this subdivision  , the commission shall consider all of the following: (A) The policies and implementation measures adopted by the city or county that would administer the contract both before and after any ultimate annexation, relative to the continuation of agriculture or other uses allowable under the contract. (B) The infrastructure plans of the annexing agency. (C) Other factors that the commission deems relevant. (c) This section shall not apply to any of the following: (1) Territory that is subject to a contract for which a notice of nonrenewal has been served pursuant to Section 51245. (2) Territory that is subject to a contract for which a tentative cancellation has been approved pursuant to Section 51282. (3) Territory for which the governing body of the county or city administering the contract has given its written approval to the change and the landowner consents to the change. SEC. 3. Section 57051 of the Government Code is amended to read: 57051. At any time prior to the conclusion of the protest hearing in the notice given by the executive officer, but not thereafter, any owner of land or any registered voter within inhabited territory that is the subject of a proposed change of organization or reorganization, or any owner of land within uninhabited territory that is the subject of a proposed change of organization or reorganization, may file a written protest against the change of organization or reorganization. Each written protest shall state whether it is made by a landowner or registered voter and  the name and address of the owner of the land affected and the street address or other description sufficient to identify the location of the land or the name and address of the registered voter as it appears on the affidavit of registration   shall include the same information that is required in a petition for a change of organization or reorganization, as specified in Section 56704  . Protests may be made on behalf of an owner of land by an agent authorized in writing by the owner to act as agent with respect to that land. Protests may be made on behalf of a private corporation which is an owner of land by any officer or employee of the corporation without written authorization by the corporation to act as agent in making that protest. Each written protest shall show the date that each signature was affixed to the protest. All signatures without a date or bearing a date prior to the date of publication of the notice shall be disregarded for purposes of ascertaining the value of any written protests. SEC. 4. Section 57052 of the Government Code is amended to read: 57052. Upon conclusion of the protest hearing, the commission shall determine the value of written protests filed and not withdrawn. The value of written protests shall be determined in the same manner prescribed in Sections  56704,  56707, 56708, and 56710 for determining the sufficiency of petitions filed with the commission. SEC. 5. Section 57150 of the Government Code is amended to read: 57150. All proper expenses incurred in conducting elections for a change of organization or reorganization pursuant to this chapter shall be paid, unless otherwise provided by agreement between the commission and the proponents, as follows: (a) In the case of annexation or detachment proceedings, by the local agency to or from which territory is annexed, or from which territory is detached, or was proposed to be annexed or detached. (b) In the case of incorporation or formation proceedings, by the newly incorporated city or the newly formed district, if successful, or by the county within which the proposed city or district is located  ,  if the incorporation proceedings are terminated. In the case of a separate election for city officers held following the election for incorporation pursuant to Section 56825.5, by the newly incorporated city. (c) In the case of disincorporation or dissolution proceedings, from the remaining assets of the disincorporated city or dissolved district or by the city proposed to be disincorporated or the district proposed to be dissolved if disincorporation or dissolution proceedings are terminated. (d) In the case of consolidation proceedings, by the successor city or district or by the local agencies proposed to be consolidated, to be paid by those local agencies in proportion to their respective assessed values, if proceedings are terminated. (e) In the case of a reorganization  ,   by either of the following  : (1) If the reorganization is ordered, by the  affected   subject  local agencies or successor local agencies, as the case may be, for any of the  above-enumerated  changes of organization  which   specified in subdivisions (a) to (d), inclusive, that  may be included in the particular reorganization, to be paid by those local agencies in proportion to their assessed value. (2) If the reorganization proceedings are terminated or the proposal is defeated, by the county  or counties  within which the  city   subject local agency  is located.