Bill Text: CA AB2762 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2014-07-09 - Chaptered by Secretary of State - Chapter 112, Statutes of 2014. [AB2762 Detail]

Download: California-2013-AB2762-Introduced.html

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BILL NUMBER: AB 2762	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Local Government (Achadjian (Chair),
Levine (Vice Chair), Alejo, Gordon, Melendez, Mullin, Rendon, and
Waldron)

                        MARCH 24, 2014

   An act to amend Sections 56100, 56653, 56668, 56886, and 57113 of,
and to repeal Section 56101 of, the Government Code, relating to
local government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2762, as introduced, Committee on Local Government. Local
government.
   Existing law, the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, provides the authority and procedures for
the initiation, conduct, and completion of changes of organization
and reorganization of cities and districts. The act does not apply to
pending proceedings for a change or organization or reorganization
for which the application was accepted for filing prior to January 1,
2001, as specified. The act authorizes these pending proceedings to
be continued and completed under, and in accordance with, the law
under which the proceedings were commenced.
   This bill would repeal those provisions relating to pending
proceedings for a change or organization or reorganization for which
an application was accepted for filing prior to January 1, 2001, and
make other conforming changes.
    The act specifies that provisions governing the time within which
an official or the commission is to act are, with specific
exceptions, directory rather than mandatory.
   This bill would make a technical amendment to that provision.
    The act requires a local agency or school district that initiates
proceedings for a change of local government organization or
reorganization by submitting a resolution of application for a change
of organization or reorganization to also submit a plan for
providing services within the effected territory, as specified.
   This bill would instead require, if a proposal for a change of
organization or reorganization is submitted, that the applicant
submit a plan for providing services within the effected territory.
   The act specifies the factors that a local agency formation
commission is required to consider in the review of a proposal for a
change of organization or reorganization, including, among other
things, a regional transportation plan, as specified, and its
consistency with city or county general and specific plans.
   This bill instead would require the local agency formation
commission to consider, in the review of a proposal for a change of
organization or reorganization, among other things, a regional
transportation plan, and the consistency of the proposal for a change
of organization or reorganization with city or county general and
specific plans. By increasing the duties of a local agency formation
commission, this bill would impose a state-mandated local program.
   The act authorizes a change of organization or reorganization to
provide for, or to be made subject to, one or more terms and
conditions specified in the commission's resolution making
determinations, in which case, the terms and conditions imposed
constitute the exclusive terms and conditions for the change of
organization or reorganization, notwithstanding other specified
general provisions of law.
   This bill instead would provide, that if a change or
reorganization is made subject to terms and conditions, those terms
and conditions shall prevail in the event of a conflict with other
specified general provisions of law.
   The act defines a landowner-voter district and prescribes certain
voting thresholds for landowner-voter districts for elections
associated with proposals initiated by a local agency formation
commission.
   This bill would make nonsubstantive, technical changes to these
provisions.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56100 of the Government Code is amended to
read:
   56100.  (a) Except as otherwise provided in Section 
56036.5,   56036.5 and  subdivision (b) of Section
56036.6,  and Section 56101,  this division provides
the sole and exclusive authority and procedure for the initiation,
conduct, and completion of changes of organization and reorganization
for cities and districts. All changes of organization and
reorganizations shall be initiated, conducted, and completed in
accordance with, and as provided in, this division.
   (b) Notwithstanding any other  provision of  law,
proceedings for the formation of a district shall be conducted as
authorized by the principal act of the district proposed to be
formed, except that the commission shall serve as the conducting
authority and the procedural requirements of this division shall
apply and shall prevail in the event of conflict with the procedural
requirements of the principal act of the district. In the event of
such a conflict, the commission shall specify the procedural
requirements that apply, consistent with the requirements of this
section.
  SEC. 2.  Section 56101 of the Government Code is repealed. 

   56101.  This division does not apply to any proceeding for a
change of organization or reorganization for which the application
shall have been accepted for filing by the executive officer pursuant
to Section 56658 prior to January 1, 2001. These pending proceedings
may be continued and completed under, and in accordance with, the
provisions of law under which the proceedings were commenced. The
repeals, amendments, and additions made by the act enacting this
division shall not apply to any of those pending proceedings, and,
the laws existing prior to January 1, 2001, shall continue in full
force and effect, as applied to those pending proceedings. 
  SEC. 3.  Section 56106 of the Government Code is amended to read:
   56106.  Any provisions in this division governing the time within
which an official or the commission is to act shall in all instances,
except for notice requirements and the requirements of subdivision
 (i)   (h)  of Section 56658 and
subdivision (b) of Section 56895, be deemed directory, rather than
mandatory.
  SEC. 4.  Section 56653 of the Government Code is amended to read:
   56653.  (a)  Whenever   If    a
 local agency or school district submits a resolution of
application   proposal  for a change of
organization or reorganization  is submitted  pursuant to
this part, the  local agency   applicant 
shall submit  with the resolution of application  a
plan for providing services within the affected territory.
   (b) The plan for providing services shall include all of the
following information and any additional information required by the
commission or the executive officer:
   (1) An enumeration and description of the services to be extended
to the affected territory.
   (2) The level and range of those services.
   (3) An indication of when those services can feasibly be extended
to the affected territory.
   (4) An indication of any improvement or upgrading of structures,
roads, sewer or water facilities, or other conditions the local
agency would impose or require within the affected territory if the
change of organization or reorganization is completed.
   (5) Information with respect to how those services will be
financed.
  SEC. 5.  Section 56668 of the Government Code is amended to read:
   56668.  Factors to be considered in the review of a proposal shall
include, but not be limited to, all of the following:
   (a) Population and population density; land area and land use; per
capita assessed valuation; topography, natural boundaries, and
drainage basins; proximity to other populated areas; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
   (b) The need for organized community services; the present cost
and adequacy of governmental services and controls in the area;
probable future needs for those services and controls; probable
effect of the proposed incorporation, formation, annexation, or
exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
   "Services," as used in this subdivision, refers to governmental
services whether or not the services are services which would be
provided by local agencies subject to this division, and includes the
public facilities necessary to provide those services.
   (c) The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests, and on
the local governmental structure of the county.
   (d) The conformity of both the proposal and its anticipated
effects with both the adopted commission policies on providing
planned, orderly, efficient patterns of urban development, and the
policies and priorities in Section 56377.
   (e) The effect of the proposal on maintaining the physical and
economic integrity of agricultural lands, as defined by Section
56016.
   (f) The definiteness and certainty of the boundaries of the
territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of
unincorporated territory, and other similar matters affecting the
proposed boundaries.
   (g) A regional transportation plan adopted pursuant to Section
 65080, and its consistency with city or county general and
specific plans   65080  . 
   (h) Consistency with city or county general and specific plans.
 
   (h) 
    (i)  The sphere of influence of any local agency which
may be applicable to the proposal being reviewed. 
   (i) 
   (j)  The comments of any affected local agency or other
public agency. 
   (j)
    (k)  The ability of the newly formed or receiving entity
to provide the services which are the subject of the application to
the area, including the sufficiency of revenues for those services
following the proposed boundary change. 
   (k) 
    (l)  Timely availability of water supplies adequate for
projected needs as specified in Section 65352.5. 
   (l) 
    (m)    The extent to which the proposal will
affect a city or cities and the county in achieving their respective
fair shares of the regional housing needs as determined by the
appropriate council of governments consistent with Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title
7. 
   (m) 
    (n)  Any information or comments from the landowner or
owners, voters, or residents of the affected territory. 
   (n) 
    (o)  Any information relating to existing land use
designations. 
   (o) 
    (p)  The extent to which the proposal will promote
environmental justice. As used in this subdivision, "environmental
justice" means the fair treatment of people of all races, cultures,
and incomes with respect to the location of public facilities and the
provision of public services.
  SEC. 6.  Section 56886 of the Government Code is amended to read:
   56886.  Any change of organization or reorganization may provide
for, or be made subject to one or more of, the following terms and
conditions. If a change of organization or reorganization is made
subject to one or more of the following terms and conditions in the
commission's resolution making determinations, the terms and
conditions imposed shall  constitute the exclusive terms and
conditions for the change of organization or reorganization,
notwithstanding   prevail in the event of a conflict
between a specific term and condition authorized pursuant to this
section and any of  the general provisions of Part 5 (commencing
with Section 57300). However, none of the following terms and
conditions shall directly regulate land use, property development, or
subdivision requirements:
   (a) The payment of a fixed or determinable amount of money, either
as a lump sum or in installments, for the acquisition, transfer, use
or right of use of all or any part of the existing property, real or
personal, of any city, county, or district.
   (b) The levying or fixing and the collection of any of the
following, for the purpose of providing for any payment required
pursuant to subdivision (a):
   (1) Special, extraordinary, or additional taxes or assessments.
   (2) Special, extraordinary, or additional service charges,
rentals, or rates.
   (3) Both taxes or assessments and service charges, rentals, or
rates.
   (c) The imposition, exemption, transfer, division, or
apportionment, as among any affected cities, affected counties,
affected districts, and affected territory of liability for payment
of all or any part of principal, interest, and any other amounts
which shall become due on account of all or any part of any
outstanding or then authorized but thereafter issued bonds, including
revenue bonds, or other contracts or obligations of any city,
county, district, or any improvement district within a local agency,
and the levying or fixing and the collection of any (1) taxes or
assessments, or (2) service charges, rentals, or rates, or (3) both
taxes or assessments and service charges, rentals, or rates, in the
same manner as provided in the original authorization of the bonds
and in the amount necessary to provide for that payment.
   (d) If, as a result of any term or condition made pursuant to
subdivision (c), the liability of any affected city, affected county,
or affected district for payment of the principal of any bonded
indebtedness is increased or decreased, the term and condition may
specify the amount, if any, of that increase or decrease which shall
be included in, or excluded from, the outstanding bonded indebtedness
of that entity for the purpose of the application of any statute or
charter provision imposing a limitation upon the principal amount of
outstanding bonded indebtedness of the entity.
   (e) The formation of a new improvement district or districts or
the annexation or detachment of territory to, or from, any existing
improvement district or districts.
   (f) The incurring of new indebtedness or liability by, or on
behalf of, all or any part of any local agency, including territory
being annexed to any local agency, or of any existing or proposed new
improvement district within that local agency. The new indebtedness
may be the obligation solely of territory to be annexed if the local
agency has the authority to establish zones for incurring
indebtedness. The indebtedness or liability shall be incurred
substantially in accordance with the laws otherwise applicable to the
local agency.
   (g) The issuance and sale of any bonds, including authorized but
unissued bonds of a local agency, either by that local agency or by a
local agency designated as the successor to any local agency which
is extinguished as a result of any change of organization or
reorganization.
   (h) The acquisition, improvement, disposition, sale, transfer, or
division of any property, real or personal.
   (i) The disposition, transfer, or division of any moneys or funds,
including cash on hand and moneys due but uncollected, and any other
obligations.
   (j) The fixing and establishment of priorities of use, or right of
use, of water, or capacity rights in any public improvements or
facilities or any other property, real or personal. However, none of
the terms and conditions ordered pursuant to this subdivision shall
modify priorities of use, or right of use, to water, or capacity
rights in any public improvements or facilities that have been fixed
and established by a court or an order of the State Water Resources
Control Board.
   (k) The establishment, continuation, or termination of any office,
department, or board, or the transfer, combining, consolidation, or
separation of any offices, departments, or boards, or any of the
functions of those offices, departments, or boards, if, and to the
extent that, any of those matters is authorized by the principal act.

   (  l  ) The employment, transfer, or discharge of
employees, the continuation, modification, or termination of existing
employment contracts, civil service rights, seniority rights,
retirement rights, and other employee benefits and rights.
   (m) The designation of a city, county, or district, as the
successor to any local agency that is extinguished as a result of any
change of organization or reorganization, for the purpose of
succeeding to all of the rights, duties, and obligations of the
extinguished local agency with respect to enforcement, performance,
or payment of any outstanding bonds, including revenue bonds, or
other contracts and obligations of the extinguished local agency.
   (n) The designation of (1) the method for the selection of members
of the legislative body of a district or (2) the number of those
members, or (3) both, where the proceedings are for a consolidation,
or a reorganization providing for a consolidation or formation of a
new district and the principal act provides for alternative methods
of that selection or for varying numbers of those members, or both.
   (o) The initiation, conduct, or completion of proceedings on a
proposal made under, and pursuant to, this division.
   (p) The fixing of the effective date or dates of any change of
organization, subject to the limitations of Section 57202.
   (q) Any terms and conditions authorized or required by the
principal act with respect to any change of organization.
   (r) The continuation or provision of any service provided at that
time, or previously authorized to be provided by an official act of
the local agency.
   (s) The levying of assessments, including the imposition of a fee
pursuant to Section 50029 or 66484.3 or the approval by the voters of
general or special taxes. For the purposes of this section,
imposition of a fee as a condition of the issuance of a building
permit does not constitute direct regulation of land use, property
development, or subdivision requirements.
   (t) The extension or continuation of any previously authorized
charge, fee, assessment, or tax by the local agency or a successor
local agency in the affected territory.
   (u) The transfer of authority and responsibility among any
affected cities, affected counties, and affected districts for the
administration of special tax and special assessment districts,
including, but not limited to, the levying and collecting of special
taxes and special assessments, including the determination of the
annual special tax rate within authorized limits; the management of
redemption, reserve, special reserve, and construction funds; the
issuance of bonds which are authorized but not yet issued at the time
of the transfer, including not yet issued portions or phases of
bonds which are authorized; supervision of construction paid for with
bond or special tax or assessment proceeds; administration of
agreements to acquire public facilities and reimburse advances made
to the district; and all other rights and responsibilities with
respect to the levies, bonds, funds, and use of proceeds that would
have applied to the local agency that created the special tax or
special assessment district.
   (v) Any other matters necessary or incidental to any of the terms
and conditions specified in this section. If a change of
organization, reorganization, or special reorganization provides for,
or is made subject to one or more of, the terms and conditions
specified in this section, those terms and conditions shall be deemed
to be the exclusive terms and conditions for the change of
organization, reorganization, or special reorganization, and shall
control over any general provisions of Part 5 (commencing with
Section 57300).
  SEC. 7.  Section 57113 of the Government Code is amended to read:
   57113.  Notwithstanding Section 57102, 57108, or 57111, for any
proposal that was initiated by the commission pursuant to subdivision
(a) of Section 56375, the commission shall forward the change of
organization or reorganization for confirmation by the voters if the
commission finds either of the following:
   (a) In the case of inhabited territory, protests have been signed
by either of the following:
   (1) At least 10 percent of the number of landowners within any
subject agency within the affected territory who own at least 10
percent of the assessed value of land within the territory. However,
if the number of landowners within a subject agency is less than 300,
the protests shall be signed by at least 25 percent of the
landowners who own at least 25 percent of the assessed value of land
within the territory of the subject agency.
   (2) At least 10 percent of the voters entitled to vote as a result
of residing within, or owning land within, any subject agency within
the affected territory. However, if the number of voters entitled to
vote within a subject agency is less than 300, the protests shall be
signed by at least 25 percent of the voters entitled to vote.
   (b) In the case of a landowner-voter district,  that
 the territory is uninhabited and protests have been signed
by at least 10 percent of the number of landowners within any subject
agency within the affected territory,  owning  
who own  at least 10 percent of the assessed value of land
within the territory. However, if the number of  voters
  landowners  entitled to vote within a subject
agency is less than 300, protests shall be signed by at least 25
percent of the  voters   landowners 
entitled to vote.
  SEC. 8.  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.