California Assembly Bill AB402 Introduced / Bill

 BILL NUMBER: AB 402INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Dodd FEBRUARY 19, 2015 An act to amend Section 56133 of the Government Code, relating to local agency formation. LEGISLATIVE COUNSEL'S DIGEST AB 402, as introduced, Dodd. Local agency services: contracts. 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 a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances, including when responding to an impending threat to the public health or safety of the residents in the affected territory where specified requirements are met. This bill would additionally allow a commission to authorize a city or district to provide new or extended services outside its jurisdictional boundaries to support existing or planned uses involving public or private properties, subject to approval at a publicly noticed hearing where the commission makes specified determinations. The bill would also authorize the commission to delegate to its executive officer review and approval of requests to provide new or extended services outside a city or district's boundary that are made in anticipation of a later change of organization, or to respond to an existing or impending threat to the public health or safety of the residents of the affected territory. The bill would also make technical and conforming changes. 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  , as described in this section,  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.   commission. The commission may delegate review and 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 consistent with adopted 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  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:   to do either of the following:   (1) 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) Support existing or planned uses involving public or private properties, subject to approval at a noticed public hearing in which the commission makes all of the following determinations:   (A) The extension of service of services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430.   (B) The extension of service will not result in adverse impacts on open space or agricultural lands, or have growth inducing impacts.   (C) A later change of organization involving the subject territory and its 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 pursuant to 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   new or 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 that  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.   boundary.   (j) This section applies only to the commission of the county in which the extension of service is proposed.