Bill Text: CA AB555 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 555 (Prior Session Legislation)

Introduced

Bill Title: Local agency formation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died at Desk. [AB555 Detail]

Download: California-2011-AB555-Introduced.html

BILL NUMBER: AB 555	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 16, 2011

   An act to amend Section 56658 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 555, as introduced, Norby. Local agency formation.
   The Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 governs the procedures for the formation, change of
organization, and reorganization of cities and special districts.
   This bill would make technical, nonsubstantive changes to the act.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 56658 of the Government Code is amended to
read:
   56658.  (a) Any petitioner or legislative body desiring to
initiate proceedings shall submit an application to the executive
officer of the principal county.
   (b) (1) Immediately after receiving an application and before
issuing a certificate of filing, the executive officer shall give
mailed notice that the application has been received to each
interested agency and each subject agency, the county committee on
school district organization, and each school superintendent whose
school district overlies the subject area. The notice shall generally
describe the proposal and the affected territory. The executive
officer shall not be required to give notice pursuant to this
subdivision if a local agency has already given notice pursuant to
subdivision (b) of Section 56654.
   (2) It is the intent of the Legislature that an incorporation
proposal shall be processed in a timely manner. With regard to an
application that includes an incorporation, the executive officer
shall immediately notify  all   each 
affected local  agencies   agency  and any
applicable state  agencies   agency  by
mail and request the affected agencies to submit the required data to
the commission within a reasonable timeframe established by the
executive officer. Each affected agency shall respond to the
executive officer within 15 days acknowledging receipt of the
request. Each affected local agency and the officers and departments
thereof shall submit the required data to the executive officer
within the timelines established by the executive officer. Each
affected state agency and the officers and departments thereof shall
submit the required data to the executive officer within the
timelines agreed upon by the executive officer and the affected state
departments.
   (c) If a special district is, or as a result of a proposal will
be, located in more than one county, the executive officer of the
principal county shall immediately give the executive officer of each
other affected county mailed notice that the application has been
received. The notice shall generally describe the proposal and the
affected territory.
   (d) Except when a commission is the lead agency pursuant to
Section 21067 of the Public Resources Code, the executive officer
shall determine within 30 days of receiving an application whether
the application is complete and acceptable for filing or whether the
application is incomplete.
   (e) The executive officer shall not accept an application for
filing and issue a certificate of filing for at least 20 days after
giving the mailed notice required by subdivision (b). The executive
officer shall not be required to comply with this subdivision in the
case of an application  which   that  meets
the requirements of Section 56663  ,  or in the case of an
application  for which   that  a local
agency has already given notice pursuant to subdivision (b) of
Section 56654.
   (f) If the appropriate fees have been paid, an application shall
be deemed accepted for filing if no determination has been made by
the executive officer within the 30-day period. An executive officer
shall accept for filing, and file, any application submitted in the
form prescribed by the commission and containing all of the
information and data required pursuant to Section 56652.
   (g) When an application is accepted for filing, the executive
officer shall immediately issue a certificate of filing to the
applicant. A certificate of filing shall be in the form prescribed by
the executive officer and shall specify the date  upon which
  that  the proposal shall be heard by the
commission. From the date of issuance of a certificate of filing, or
the date  upon which   that  an application
is deemed to have been accepted, whichever is earlier, an
application shall be deemed filed pursuant to this division.
   (h) If an application is determined not to be complete, the
executive officer shall immediately transmit that determination to
the applicant specifying those parts of the application 
which   that  are incomplete and the manner in
which they can be made complete.
   (i) Following the issuance of the certificate of filing, the
executive officer shall proceed to set the proposal for hearing and
give published notice thereof as provided in this part. The date of
the hearing shall be not more than 90 days after issuance of the
certificate of filing or after the application is deemed to have been
accepted, whichever is earlier. Notwithstanding Section 56106, the
date for conducting the hearing, as determined pursuant to this
subdivision,  is   shall be  mandatory.