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SB-799 Local agency services: contracts: Counties of Napa and San Bernardino.(2019-2020)

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Date Published: 03/11/2020 09:00 PM
SB799:v98#DOCUMENT

Amended  IN  Senate  March 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 799


Introduced by Senator Dodd

January 07, 2020


An act to amend Section 56133.5 of the Government Code, relating to local agency formation.


LEGISLATIVE COUNSEL'S DIGEST


SB 799, as amended, Dodd. Local agency services: contracts: Counties of Napa and San Bernardino.
Under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, a city or district may only provide new or extended services by contract or agreement outside of its jurisdictional boundary if it requests and receives written approval, as provided, from the local agency formation commission in the county in which the extension of service is proposed. The act establishes a pilot program under which the commissions in the Counties of Napa and San Bernardino, upon making specified determinations at a noticed public hearing, may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to support existing or planned uses involving public or private properties, as provided. Existing law requires the Napa and San Bernardino commissions to submit a report to the Legislature on their participation in the pilot program, as specified, before January 1, 2020, and repeals this the pilot program as of January 1, 2021.
This bill would delete extend the January 1, 2021, repeal date with regard to the pilot program, thereby continuing its operation indefinitely. program until January 1, 2026. The bill would also extend the January 1, 2020, deadline for the Napa and San Bernardino commissions to report to the Legislature to January 1, 2025, and revise the required contents of that report to include how many requests for extension of services were received on or after January 1, 2020, under these provisions.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Napa and San Bernardino.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 56133.5 of the Government Code is amended to read:

56133.5.
 (a) A pilot program is hereby established for the Napa and San Bernardino commissions. If consistent with adopted policy, the Napa and San Bernardino commissions may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to 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:
(1) The extension of service or services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430.
(2) The extension of service will not result in either (1) adverse impacts on open space or agricultural lands or (2) growth inducing impacts.
(3) A sphere of influence change involving the affected territory and its affected agency is not feasible under this division or desirable based on the adopted policies of the commission.
(b) Subdivision (d) of Section 56133 shall apply to any request for new or extended services pursuant to this section.
(c) For purposes of this section, “planned use” means any project that is included in an approved specific plan as of July 1, 2015.
(d) The Napa and San Bernardino commissions shall submit a report before January 1, 2020, 2025, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received on or after January 1, 2020, pursuant to this section and the action by the commission to approve, disapprove, or approve with conditions. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(e) The pilot program established pursuant to this section shall be consistent with Chapter 8.5 (commencing with Section 1501) of the Public Utilities Code.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the continuing implementation of the pilot program described in Section 56133.5 of the Government Code in the Counties of Napa and San Bernardino.