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SB-13 Local agency services: contracts: Counties of Napa and San Bernardino.(2021-2022)

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Date Published: 04/29/2021 09:00 PM
SB13:v98#DOCUMENT

Amended  IN  Senate  April 29, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 13


Introduced by Senator Dodd

December 07, 2020


An act to add and repeal Section Sections 56133.5 and 56133.6 of the Government Code, relating to local agency formation, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 13, 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 the pilot program as of January 1, 2021.
This bill would reestablish the pilot program, which would remain in effect until January 1, 2026. The bill would impose a January 1, 2025, deadline for the Napa and San Bernardino commissions to report to the Legislature on the pilot program, and would require the contents of that report to include how many requests for extension of services were received under these provisions. The bill would also authorize the Napa commission, until January 1, 2026, as part of the pilot program, to authorize the City of St. Helena to provide new or extended services outside its jurisdictional boundary and sphere of influence to specified property parcels, subject to approval at a noticed public hearing in which the Napa commission makes all of specified determinations concerning the extension of services.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Napa and San Bernardino.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 56133.5 is added to the Government Code, 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: (A) adverse impacts on open space or agricultural lands or (B) 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, 2025, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received on or after the effective date of this section, and the action by the commission to approve, disapprove, or approve with conditions. The Napa commission shall also include in the report on the pilot program information on its authorization for the City of St. Helena to provide new or extended services outside its jurisdictional boundary and sphere of influence, as described in Section 56133.6. 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 Part 1 of Division 1 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.

 Section 56133.6 is added to the Government Code, to read:

56133.6.
 (a) As part of the pilot program established pursuant to Section 56133.5, the Napa commission may authorize the City of St. Helena to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to 341 Saint Helena Hwy S, St. Helena, Napa County, Assessor’s Parcel Numbers 027-130-006 and 027-130-005, and to 401 St. Helena Highway S, St. Helena, Napa County, Assessor’s Parcel Numbers 027-120-052, 027-120-061, and 027-120-062, subject to approval at a noticed public hearing in which the Napa commission makes all of the following determinations:
(1) The extension of service or services: (A) will result in specific environmental benefits, including transitioning septic systems to a treated sewer system, and (B) will serve an agricultural employee housing development, as contemplated by Section 17021.8 of the Health and Safety Code, of no less than 6 units and no more than 12 units, or (C) will serve a mobilehome park reuse or mobilehome park redevelopment of no more than 25 units.
(2) The extension of service or service deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430.
(3) The extension of service will not result in either: (A) adverse impacts on open space or agricultural lands or (B) growth-inducing impacts.
(4) 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)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.SEC. 3.

 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 implementing the pilot program described in Section Sections 56133.5 and 56133.6 of the Government Code in the Counties of Napa and San Bernardino.

SEC. 3.SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Due to the public health crisis resulting from the coronavirus (COVID-19) pandemic, the Legislature was not able to vote on the extension of the pilot program described in Section Sections 56133.5 and 56133.6 of the Government Code, which provides necessary public services. In order to preserve the public peace and safety and avoid any interruptions in the approval process for a city or district to provide public services outside its boundaries and sphere of influence, it is necessary for this act to take effect immediately.