Bill Text: CA AB600 | 2019-2020 | Regular Session | Amended
Bill Title: Local government: organization: disadvantaged unincorporated communities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 612, Statutes of 2019. [AB600 Detail]
Download: California-2019-AB600-Amended.html
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 25, 2019 |
Assembly Bill | No. 600 |
Introduced by Assembly Member Chu |
February 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(1)The Planning and Zoning Law requires a city or county to prepare and adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element for the preservation, improvement, and development of housing. That law also requires a city or county, on or before the due date for the next adoption of its housing element, to review and update the land use element of its general plan based on available data, including, but not limited to, the data and analysis of unincorporated island, fringe, or legacy communities inside or near its boundaries, as provided. That law requires the updated land use element to include, among other things, an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each identified community.
This bill
would define the term “needs or deficiencies” for these purposes to mean both deficient services and lack of services, as specified.
(2)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified.
This bill would require, on or before January 1, 2021, each city, county, and qualified special district, as defined, to submit to the commission an accessibility plan to secure safe drinking water, wastewater services, stormwater drainage, and structural fire protection in unincorporated island, fringe,
or legacy communities identified in the updated land use element described above. The bill would require the
commission to determine the entity best positioned to provide adequate water or wastewater services to the affected territory. The bill would require the accessibility plan to include, among other things, an identification of actions by the commission that are necessary to enable that entity to provide those services
and
an analysis of costs and benefits of improved water or wastewater services for residents in each affected territory. The bill would prohibit the costs and fees for services extended to those territories through implementation of the accessibility plan from exceeding the cost of providing the service, as specified. The bill, on or before January 1, 2021,
would require each county to submit a map of the county that identifies disadvantaged unincorporated communities that lack safe drinking water or adequate wastewater, along with the adopted accessibility plan, to the Office of Planning and Research, the State Water Resources Control Board, and any relevant regional quality control board, as specified.
The bill would require the commission to, within
5 years of the approval of an accessibility plan, hold a noticed public hearing and review the status of every disadvantaged unincorporated community that is subject to the accessibility plan.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(3)The act sets forth the powers and duties of a local agency formation commission, including initiating proposals by resolution of application for, among other things, the formation of a new district or districts and specified reorganizations.
This bill would additionally authorize the commission to initiate the reorganization or extension of services involving a disadvantaged unincorporated community, as specified. The bill would require the commission to initiate a change of organization or reorganization or service extension if the
commission determines that service needs identified in an accessibility plan remain unaddressed 2 years after the approval of the accessibility plan.
(4)Existing law prohibits the
commission from approving an annexation to a city of any territory greater than 10 acres where there exists a disadvantaged unincorporated community that is contiguous to the area of proposed annexation, unless an application to annex the disadvantaged unincorporated community into the subject city has been filed.
This bill would also prohibit the commission from approving an annexation under these circumstances to a qualified special district. The bill would define the term “qualified special district” for these purposes to mean a special district with more than 500 service connections that provides drinking water or wastewater services.
The bill would also specify that these provisions apply to the annexation of 2 or more contiguous territories within 2 years of each other that are individually less than 10 acres but are cumulatively more than 10 acres.
(5)Under existing law, an application to annex a contiguous disadvantaged community is not required if the commission finds that a majority of the registered voters within the disadvantaged unincorporated community are opposed to the annexation, as specified.
This bill would instead provide that an application to annex a contiguous disadvantaged community is not required if the commission finds that a majority of the residents within the disadvantaged unincorporated community are opposed to the annexation, as specified. This bill would additionally provide that an application to annex a contiguous disadvantaged community is not required if the commission finds that a majority of the residents within the affected disadvantaged unincorporated community would prefer to address the service deficiencies through an extraterritorial service extension.
The bill would also prohibit the commission from approving an annexation to a city or to a qualified special district of any territory if the city or qualified special district has failed to take steps necessary to implement an accessibility plan, as specified.
(6)The act requires the commission to develop and determine the
sphere of influence of each city and each special district within the county and enact policies designed to promote the logical and orderly development of areas within each sphere. The act requires the commission, in order to prepare and update spheres of influence in accordance with this requirement, to conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission, as provided. The act requires the commission to prepare a written statement of its determinations with respect to, among other things, the present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies, as provided.
This bill would prohibit the commission from adopting, amending, or updating a sphere of influence update that removes a disadvantaged community from the sphere of influence of a city or a special district or that fails to include a disadvantaged community that is
contiguous to the proposed sphere of influence, unless the commission makes specified findings. The bill would also prohibit the commission from approving, amending, or updating a sphere of influence for a city or a special district that has not taken action pursuant to an
accessibility plan that was adopted
as described above.
(7)The act additionally states that the purpose of the commission is, among other things, to encourage the efficient provision of government services, as specified.
This bill would also state that the purpose of a local agency formation commission is to encourage the equitable provision of government services, as specified.
(8)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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
“Qualified special district” means a special district that contains more than 500 service connections and that provides drinking water or wastewater services.
Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient and equitable provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions, circumstances, and considerations of equity. One of the objects of the commission is to make studies and to obtain and furnish information which will contribute to the logical and reasonable development of local agencies in each county and to shape the development of local agencies so as to advantageously provide for the present and future needs of each county and its communities. When the formation of a new government entity is proposed, a commission shall make a
determination as to whether existing agencies can feasibly provide the needed service or services in a more efficient and accountable manner. If a new single-purpose agency is deemed necessary, the commission shall consider reorganization with other single-purpose agencies that provide related services.
SEC. 3.SECTION 1.
Section 56375 of the Government Code is amended to read:56375.
The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part:(F)The reorganization or extension of services involving a disadvantaged unincorporated community that is initiated pursuant to Section 56378.1.
(G)
(H)
(9)Except for those changes of organization or reorganization authorized under Section 56375.3, a commission shall not approve an annexation to a city or to a qualified special district of any territory if the city or applicable county has failed to take steps necessary to implement an accessibility plan pursuant to Section 56440.
Within five years of the approval or approval with conditions of an accessibility plan pursuant to Section 56440, the commission shall hold a noticed public hearing and review the status of every disadvantaged unincorporated community that is subject to the accessibility plan. If the commission determines that the service needs remain unaddressed, the commission shall initiate a change of organization, reorganization, or service extension pursuant to this chapter.
(a)In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental agencies subject to the jurisdiction of the commission to advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each city and each special district, as defined by Section 56036, within the county and enact policies designed to promote the logical and orderly development of areas within the sphere.
(b)Prior to a city submitting an application to the commission to update its sphere of influence, representatives from the city
and representatives from the county shall meet to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If an agreement is reached between the city and county, the city shall forward the agreement in writing to the commission, along with the application to update the sphere of influence. The commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement to the extent that it is consistent with commission policies in
its final determination of the city sphere.
(c)If the commission’s final determination is consistent with the agreement reached between the city and county pursuant to subdivision (b), the agreement shall be adopted by both the city and county after a noticed public hearing. Once the agreement has been adopted by the affected local agencies and their respective general plans reflect that agreement, then any development approved by the county within the sphere shall be consistent with the terms of that agreement.
(d)If no agreement is reached pursuant to subdivision (b), the application may be submitted to the commission and the commission shall consider a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section.
(e)In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following:
(1)The present and planned land uses in the area, including agricultural and open-space lands.
(2)The present and probable need for public facilities and services in the area.
(3)The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide.
(4)The existence of any social or economic communities of interest in the area if the commission determines that
they are relevant to the agency.
(5)For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection, that occurs pursuant to subdivision (g) on or after July 1, 2012, the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence.
(f)Upon determination of a sphere of influence, the commission shall adopt that sphere.
(g)On or before January 1, 2008, and every five years thereafter, the commission shall, as necessary, review and update each sphere of influence.
(h)In determining a sphere of influence, the commission may assess the feasibility of governmental reorganization of particular agencies and recommend reorganization of those agencies when reorganization is found to be feasible and if reorganization will further the goals of orderly development and efficient and affordable service delivery. The commission shall make all reasonable efforts to ensure wide public dissemination of the recommendations.
(i)When adopting, amending, or updating a sphere of influence for a special district, the commission shall establish the nature, location, and extent of any functions or classes of services provided by existing districts.
(j)When adopting, amending, or updating a sphere
of influence for a special district, the commission may require existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts.
(k)The commission shall not adopt, amend, or update a sphere of influence update that does either of the following:
(1)Removes a disadvantaged community from the sphere of influence of a city or a special district unless the commission makes a finding, based upon written evidence, that the removal of the disadvantaged community from the sphere of influence of the city or special district will result in improved service delivery to the community.
(2)Fails to include a disadvantaged community that is contiguous
to the proposed sphere of influence unless the commission makes a finding, based upon written evidence, that the exclusion of the disadvantaged community from the proposed sphere of influence will result in improved access to safe drinking water or wastewater access.
(l)The commission shall not amend or update a sphere of influence for a city or special district that has not taken action pursuant to the accessibility plan adopted pursuant to Section 56440.
(a)(1)On or before January 1, 2021, each city, county, and qualified special district shall develop an accessibility plan to secure safe drinking water, wastewater services, stormwater drainage, and structural fire protection in communities identified in the land use element of the city or county updated pursuant to paragraph (b) of Section 65302.10.
(2)The commission shall determine which entity
is best positioned to provide adequate water or wastewater services to the affected territory.
(3)Each city, county, and qualified special district shall consult with the commission, the State Water Resources Control Board, relevant cities, relevant special districts, relevant mutual water companies, relevant investor-owned utilities, and county environmental health departments in developing the accessibility plan.
(4)The accessibility plan shall include a timeline with intermediary steps necessary to secure necessary infrastructure and services within five years.
(5)The accessibility plan shall include all of the following:
(A)Any actions and alternatives necessary to be taken by the commission, if any, to enable the
entity determined pursuant to paragraph (2) to provide services to the affected territory.
(B)Any actions to be taken by any local agency that the commission believes are necessary to establish services to the disadvantaged unincorporated community.
(C)An analysis of costs and benefits of improved water or wastewater services for residents in each affected territory.
(D)An analysis of local, state, and federal funding sources available to implement the accessibility plan.
(6)(A)The city, county, or qualified special district shall submit the accessibility plan to the commission.
(B)The commission shall wholly approve the accessibility plan or approve the accessibility plan with conditions or modifications at a noticed hearing within 90 days of the submission of the accessibility plan to the commission.
(b)Commencing on or before February 1, 2022, each city, county, and qualified special district shall provide an annual progress report with respect to its accessibility plan at a noticed public hearing. The city, county, or relevant special district shall also post the annual progress report on its internet website.
(c)(1)Costs and fees for services provided to the affected territory through implementation of the accessibility plan shall not exceed the cost
of providing the service.
(2)Fees and conditions related to service provision to the affected territory through implementation of the accessibility plan shall be consistent with fees and conditions placed on other new customers or service recipients.
(d)On or before January 1, 2021, each county shall submit a map of the county that identifies disadvantaged unincorporated communities
that lack safe drinking water or adequate wastewater, along with the adopted accessibility plan prepared in electronic format with the Office of Planning and Research, the State Water Resources Control Board, and any relevant regional quality control board. The Office of Planning and Research, State Water Resources Control Board, and the city or county shall each post the map on its respective internet website.
(a)As used in this section, the following terms shall have the following meanings:
(1)“Community” means an inhabited area within a city or county that is comprised of no less than 10 dwellings adjacent or in close proximity to one another.
(2)“Disadvantaged unincorporated community” means a fringe, island, or legacy community in which the median household income is 80 percent or less than the statewide median household income.
(3)“Fringe community” means any inhabited and unincorporated territory that is within a city’s sphere of influence.
(4)“Island community” means any inhabited and unincorporated territory that is surrounded or substantially surrounded by one or more cities or by one or more cities and a county boundary or the Pacific Ocean.
(5)“Legacy community” means a geographically isolated community that is inhabited and has existed for at least 50 years.
(b)On or before the due date for the next adoption of its housing element pursuant to Section 65588, each city or county shall review and update the land use element of its general plan, based on available data, including, but not limited to, the data and analysis developed pursuant to Section 56430, of unincorporated island, fringe, or legacy communities inside or near its boundaries. The updated
land use element shall include all of the following:
(1)In the case of a city, an identification of each island or fringe community within the city’s sphere of influence that is a disadvantaged unincorporated community. In the case of a county, an identification of each legacy community within the boundaries of the county that is a disadvantaged unincorporated community, but not including any area within the sphere of influence of any city. This identification shall include a description of the community and a map designating its location.
(2)For each identified community, an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies. For purposes of this section, “needs or deficiencies” includes both deficient services and lack of services. The analysis required by this paragraph shall consider the impacts of climate change on specified services.
(3)An analysis, based on then existing available data, of benefit assessment districts or other financing alternatives that could make the extension of services to identified communities financially feasible.
(c)On or before the due date for each subsequent revision of its housing element pursuant to Section 65588, each city and county shall review, and if necessary amend, its general plan to update the analysis required by this section.
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.