Today's Law As Amended


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AB-853 Local government: organization.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 56033.5 is added to the Government Code, to read:

56033.5.
 “Disadvantaged inhabited community” means inhabited territory, as defined by Section 56046 or as determined by commission policy, that constitutes all or a portion of a “disadvantaged community,” as defined by Section 75005 of the Public Resources Code.

SEC. 2.

 Section 56425 of the Government Code is amended to read:

56425.
 (a) In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental agencies subject to the jurisdiction of the commission to  to  advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each city and each special district, as defined by Section 56036,  local governmental agency  within the county and enact policies designed to promote the logical and orderly development of areas within the sphere.
(b) Prior to a city submitting an application to the commission to update its sphere of influence, representatives from the city and representatives from the county shall meet to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If an agreement is reached between the city and county, the city shall forward the agreement in writing to the commission, along with the application to update the sphere of influence. The commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement to the extent that it is consistent with commission policies in its final determination of the city sphere.
(c) If the commission’s final determination is consistent with the agreement reached between the city and county pursuant to subdivision (b), the agreement shall be adopted by both the city and county after a noticed public hearing. Once the agreement has been adopted by the affected local agencies and their respective general plans reflect that agreement, then any development approved by the county within the sphere shall be consistent with the terms of that agreement.
(d) If no agreement is reached pursuant to subdivision (b), the application may be submitted to the commission and the commission shall consider a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section.
(e) In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following:
(1) The present and planned land uses in the area, including agricultural and open-space lands.
(2) The present and probable need for public facilities and services in the area. Upon the next review and update of a sphere of influence that occurs pursuant to subdivision (g) on or after July 1, 2011, the review and update of each sphere of influence of a city or special district that provides public facilities or services related to sewers, nonagricultural water, or structural fire protection shall include the present and probable need for public facilities and services of any disadvantaged inhabited communities. 
(3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide.
(4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency.
(5) For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection, that occurs pursuant to subdivision (g) on or after July 1, 2012, the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence.
(f) Upon determination of a sphere of influence, the commission shall adopt that sphere.
(g) On or before January 1, 2008, and every five years thereafter, the commission shall, as necessary, review and update each sphere of influence.
(h) In determining a sphere of influence, the commission may assess the feasibility of governmental reorganization of particular agencies and recommend reorganization of those agencies when reorganization is found to be feasible and if reorganization will further the goals of orderly development and efficient and affordable service delivery. The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations. Those recommendations shall be made available, upon request, to other agencies or to the public.  The commission shall make all reasonable efforts to ensure wide public dissemination of the recommendations.
(i) When adopting, amending, or updating a sphere of influence for a special district, the commission shall establish the nature, location, and extent of any functions or classes of services provided by existing districts. do all of the following: 
(j) (1)  When adopting, amending, or updating a sphere of influence for a special district, the commission may require  Require  existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts.
(2) Establish the nature, location, and extent of any functions or classes of services provided by existing districts.

SEC. 3.

 Section 56430 of the Government Code is amended to read:

56430.
 (a) In order to prepare and to update spheres of influence in accordance with Section 56425, the commission shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission. The commission shall include in the area designated for service review the county, the region, the subregion, or any other geographic area as is appropriate for an analysis of the service or services to be reviewed, and shall prepare a written statement of its determinations with respect to each of the following:
(1) Growth and population projections for the affected area.
(2) The location and characteristics  characteristics, including infrastructure needs or deficiencies,  of any disadvantaged unincorporated communities within or contiguous to the sphere of influence. inhabited communities. 
(3) Present and planned capacity of public facilities,  facilities and  adequacy of public services, and including  infrastructure needs or deficiencies including needs or deficiencies related to sewers, municipal and industrial water, and structural fire protection in any disadvantaged, unincorporated communities within or contiguous to the sphere of influence. deficiencies. 
(4) Financial ability of agencies to provide services.
(5) Status of, and opportunities for, shared facilities.
(6) Accountability for community service needs, including governmental structure and operational efficiencies.
(7) Any other matter related to effective or efficient service delivery, as required by commission policy.
(b) In conducting a service review, the commission shall comprehensively review all of the agencies that provide the identified service or services within the designated geographic area. The commission may assess various alternatives for improving efficiency and affordability of infrastructure and service delivery within and contiguous to the sphere of influence, including, but not limited to, the consolidation of governmental agencies. 
(c) In conducting a service review, the commission may include a review of whether the agencies under review, including any public water system as defined in Section 116275, are in compliance with the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). A public water system may satisfy any request for information as to compliance with that act by submission of the consumer confidence or water quality report prepared by the public water system as provided by Section 116470 of the Health and Safety Code.
(d) The commission may request information, as part of a service review under this section, from identified public or private entities that provide wholesale or retail supply of drinking water, including mutual water companies formed pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code, and private utilities, as defined in Section 1502 of the Public Utilities Code.
(e) (c)  The commission shall conduct a service review before, or in conjunction with, but no later than the time it is considering an action to establish a sphere of influence in accordance with Section 56425 or Section  56426.5 or to update a sphere of influence pursuant to Section 56425.

SEC. 4.

 Section 56650.1 is added to the Government Code, to read:

56650.1.
 (a) Within 180 days of receiving a petition that meets the qualifications described in subdivision (b), a board of supervisors shall adopt a resolution of application for an annexation to a city or a reorganization that includes an annexation to a city if the affected territory meets all of the following conditions:
(1) The territory is all or a portion of a disadvantaged inhabited community.
(2) The territory is an inhabited territory.
(3) The territory is within the city’s sphere of influence.
(4) The territory is contiguous to the city.
(b) A petition to request a board of supervisors to apply for an annexation to a city or reorganization that includes an annexation to a city shall be signed by either of the following:
(1) Not less than 25 percent of the registered voters residing in the territory proposed to be annexed, as shown on the county register of voters.
(2) Not less than 25 percent of the number of owners of land within the territory proposed to be annexed who also own 25 percent of the assessed value of land within the territory as shown on the last equalized assessment roll.
(c) Unless prohibited by federal law, a county may apply for community development block grant funding to offset some or all of county costs related to this section.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.