Bill Text: CA SB215 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Local government: organization.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 570, Statutes of 2009. [SB215 Detail]

Download: California-2009-SB215-Amended.html

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BILL NUMBER: SB 215	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 23, 2009

   An act to amend Section 56668 of, and to repeal Section 56668.5
of, the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 215, as amended, Wiggins. Local government: organization.
   (1) Existing law, the Cortese-Knox-Hertzberg Act, requires a local
agency formation commission, when reviewing a proposal for a change
of organization or reorganization, to consider specified factors,
including the proposal's consistency with city or county general and
specific plans.
   This bill would modify that factor so that a commission would be
required to consider the proposal's consistency with city or county
general and specific plans, and any applicable transportation plan,
when reviewing a proposal for a change of organization or
reorganization  , thus imposing a state-mandate  .
   (2) Existing law authorizes a commission to consider the regional
growth goals and policies established by a collaboration of elected
officials.
   This bill would repeal that provision. 
   (3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   (3) 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 the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions. 
   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 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 set forth 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) Consistency with city or county general and specific plans,
and any applicable regional transportation plan, including a
sustainable communities strategy or alternate planning strategy,
adopted pursuant to Section 65080.
   (h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
   (i) The comments of any affected local agency or other public
agency.
   (j) 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) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
   () 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) Any information or comments from the landowner or owners,
voters, or residents of the affected territory.
   (n) Any information relating to existing land use designations.
   (o) 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. 2.  Section 56668.5 of the Government Code is repealed.

  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 3.    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.