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AB-206 Municipal utility districts.(2001-2002)

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AB206:v91#DOCUMENT

Passed  IN  Senate  September 13, 2001
Passed  IN  Assembly  September 14, 2001

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 206

Introduced  by  Assembly Member Wyland, La Suer
 (Principal Coauthor(s): Assembly Member Bates, Zettel)
 (Principal Coauthor(s): Senator Alpert)
 (Coauthor(s): Assembly Member Kehoe, Kelley, Vargas, Wayne)
 (Coauthor(s): Senator Morrow)

February 09, 2001

An act to amend Sections 11504 and 11561 of, and to add Section 11510 to, the Public Utilities Code, relating to municipal utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 206, Wyland. Municipal utility districts.
Existing law authorizes the formation of municipal utility districts by one or more public agencies, defined to include a city, county water district, county sanitation district, or sanitary district. Formation of a municipal utility district may be initiated by resolution of the legislative bodies of one or more public agencies, or by petition of voters, and is subject to voter approval at an election. Existing law provides that no public agency may be divided in the formation of a district. Existing law generally provides for a municipal utility district to be governed by a board of directors consisting of 5 elected members, but provides alternative governing structures for certain municipal utility districts.
This bill would require the participation of at least 2 public agencies to initiate the process of formation of a municipal utility district, would delete the prohibition on dividing a public agency in the formation of a district, except that a city may not be divided in the formation of a district, and would authorize a county to be considered a public agency for these and certain other related purposes relative to the unincorporated area of a county.

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


SECTION 1.

 Section 11504 of the Public Utilities Code is amended to read:

11504.
 “Public agency” includes a city, county water district, county sanitation district, or sanitary district. With respect to the unincorporated territory of a county, “public agency” also includes a county. However, for purposes of Sections 11652 and 11656, “public agency” does not include a county.

SEC. 2.

 Section 11510 is added to the Public Utilities Code, to read:

11510.
 “Unincorporated territory” means all territory of a county that is not within the boundaries of a city.

SEC. 3.

 Section 11561 of the Public Utilities Code is amended to read:

11561.
 Two or more public agencies, may organize and incorporate as a municipal utility district. Public agencies included within a district may be in the same or separate counties and need not be contiguous. A city may not be divided in the formation of a district. The entire city shall be included in the district.