Bill Text: CA AB743 | 2013-2014 | Regular Session | Chaptered
Bill Title: The Cortese-Knox-Hertzberg Local Government
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-08-26 - Chaptered by Secretary of State - Chapter 138, Statutes of 2013. [AB743 Detail]
Download: California-2013-AB743-Chaptered.html
BILL NUMBER: AB 743 CHAPTERED
BILL TEXT
CHAPTER 138
FILED WITH SECRETARY OF STATE AUGUST 26, 2013
APPROVED BY GOVERNOR AUGUST 26, 2013
PASSED THE SENATE JULY 8, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE JUNE 11, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Member Logue
FEBRUARY 21, 2013
An act to amend Sections 56375.3 and 56375.4 of, and to repeal
Section 57080 of, the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 743, Logue. The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000.
Existing law, the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, sets forth the powers and duties of a
local agency formation commission. The act authorizes a local agency
formation commission to approve, after notice and hearing, a petition
for a change of organization or reorganization of a city, if the
petition was initiated on or after January 1, 2010, and before
January 1, 2014, and waive protest proceedings entirely if certain
requirements are met. This provision applies only to territory that
does not exceed 150 acres.
This bill would delete the January 1, 2014, date and make
conforming changes.
Existing law provides that the authority to initiate, conduct, and
complete specified changes in organization or reorganizations does
not apply to any territory that, after January 1, 2000, became
surrounded or substantially surrounded by the city to which the
annexation is proposed, except for islands that were created after
January 1, 2000, as a result of boundary adjustments between 2
counties.
This bill would instead provide that the authority to initiate,
conduct, and complete specified changes in organization or
reorganizations does not apply to any territory that, after January
1, 2014, became surrounded or substantially surrounded by the city to
which the annexation is proposed, except for islands that were
created after January 1, 2014, as a result of boundary adjustments
between 2 counties.
The act additionally authorizes a local agency formation
commission to approve, after notice and hearing, a petition for a
change of organization or reorganization of a city that was initiated
on or after January 1, 2014, if certain requirements are met, and
requires the commission to follow specified procedures in making this
approval.
This bill would repeal these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56375.3 of the Government Code is amended to
read:
56375.3. (a) In addition to those powers enumerated in Section
56375, a commission shall approve, after notice and hearing, the
change of organization or reorganization of a city, and waive protest
proceedings pursuant to Part 4 (commencing with Section 57000)
entirely, if all of the following are true:
(1) The change of organization or reorganization is initiated on
or after January 1, 2000.
(2) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(3) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(b) Subdivision (a) applies to territory that meets all of the
following requirements:
(1) It does not exceed 150 acres in area, and that area
constitutes the entire island.
(2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
(B) Surrounded by the city to which annexation is proposed and
adjacent cities.
(C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
(D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
(4) It is substantially developed or developing. The finding
required by this paragraph shall be based upon one or more factors,
including, but not limited to, any of the following factors:
(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or
parcels within the area.
(5) It is not prime agricultural land, as defined by Section
56064.
(6) It will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
(c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(d) The Legislature finds and declares that the powers set forth
in subdivision (a) for territory that meets all the specifications in
subdivision (b) are consistent with the intent of promoting orderly
growth and development pursuant to Section 56001 and facilitate the
annexation of disadvantaged unincorporated communities, as defined in
Section 56033.5.
SEC. 2. Section 56375.4 of the Government Code is amended to read:
56375.4. The authority to initiate, conduct, and complete any
proceeding pursuant to subdivision (a) of Section 56375.3 does not
apply to any territory that, after January 1, 2014, became surrounded
or substantially surrounded by the city to which annexation is
proposed, except for islands that were created after January 1, 2014,
as a result of boundary adjustments between two counties.
SEC. 3. Section 57080 of the Government Code is repealed.
