BILL NUMBER: SBX1 23 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 15, 2001
INTRODUCED BY Senator Soto
(Coauthors: Assembly Members Strom-Martin and Washington)
JANUARY 30, 2001
An act to amend Section 1245.250 of the Code of Civil Procedure,
to amend Section 56036 of, to repeal Sections 56129, 56130, 56131,
and 56875 of, the Government Code, to amend Sections 11531, 11652,
and 15701 of, and to repeal Sections 11643.1 and 15762.1 of the
Public Utilities Code, relating to public power districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 23, as amended, Soto. Public power districts.
(1) Existing law, relating to the acquisition of property by the
exercise of eminent domain by a public entity, provides that, if the
taking is by a local public entity and the property is electric, gas,
or water public utility property, the resolution of necessity of the
governing body of the local public agency creates a rebuttable
presumption that the required conditions for the exercise of eminent
domain are true, and that the presumption is a presumption affecting
the burden of proof.
This bill would delete the application of that
presumption as to the taking of electric or gas public utility
property .
(2) Existing law establishes the procedures and requirements for
the organization and reorganization of special districts, generally,
in the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000. Existing law also requires that, if a service area that is
furnished gas or electric service by a public utility becomes part
of, or is formed into, a district authorized to furnish gas or
electric service, the district may not furnish that service without
approval of the local agency formation commission and the voters of
an election. Existing law specifically provides for the formation of
municipal utility districts and public utility districts.
This bill would specifically remove municipal utility districts
and public utility districts from the application of the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
and delete the local agency formation commission and voter approval
requirements discussed above. The bill would provide that laws
governing municipal utility districts and public utility districts,
respectively, are the sole and exclusive authority and procedure for
the initiation, conduct, and completion of the organization of
changes to, and reorganization of municipal utility districts and
public utility districts. The bill would make various conforming
changes.
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. This act shall be known and may be citied as the Fair
Citizen Access to Public Power Act.
SEC. 2. The Legislature finds and declares that in order to
furnish the citizens of California with reliable, affordable
electrical power, to ensure sufficient power reserves, to assure
stability and rationality in California's electricity market, to
encourage energy efficiency and conservation as well as the use of
renewable energy resources, and to protect the public health,
welfare, and safety, the state needs to streamline the process for
forming public power districts.
SEC. 3. Section 1245.250 of the Code of Civil Procedure is amended
to read:
1245.250. (a) Except as otherwise provided by statute, a
resolution of necessity adopted by the governing body of the public
entity pursuant to this article conclusively establishes the matters
referred to in Section 1240.030.
(b) If If the taking is by a local public
entity, other than a sanitary district exercising the powers of a
county water district pursuant to Section 6512.7 of the Health and
Safety Code, and the property is water public utility property, the
resolution of necessity creates a rebuttable presumption that the
matters referred to in Section 1240.030 are true. This presumption
is a presumption affecting the burden of proof.
(c) If the taking is by a local public entity and the
property described in the resolution is not located entirely within
the boundaries of the local public entity, the resolution of
necessity creates a presumption that the matters referred to in
Section 1240.030 are true. This presumption is a presumption
affecting the burden of producing evidence.
(d) For the purposes of subdivision (b), a taking by the State
Reclamation Board for the Sacramento and San Joaquin Drainage
District is not a taking by a local public entity.
SEC. 4. Section 56036 of the Government Code is amended to read:
56036. (a) "District" or "special district" means an agency of
the state, formed pursuant to general law or special act, for the
local performance of governmental or proprietary functions within
limited boundaries. "District" or "special district" includes a
county service area, but excludes all of the following:
(1) The state.
(2) A county.
(3) A city.
(4) A school district or a community college district.
(5) A special assessment district.
(6) An improvement district.
(7) A community facilities district formed pursuant to the
Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing
with Section 53311) of Part 1 of Division 2 of Title 5.
(8) A permanent road division formed pursuant to Article 3
(commencing with Section 1160) of Chapter 4 of Division 2 of the
Streets and Highways Code.
(9) An air pollution control district or an air quality
maintenance district.
(10) A service zone of a fire protection district.
(11) A municipal utility district.
(12) A public utility district.
(b) Except as otherwise provided in paragraph (1), each of the
entities listed in paragraph (1) is a "district" or a "special
district" for the purposes of this division.
(1) For the purposes of Chapter 1 (commencing with Section 57000)
to Chapter 7 (commencing with Section 57175), inclusive, of Part 4 or
Part 5 (commencing with Section 57300), none of the following
entities is a "district" or a "special district:"
(A) A unified or union high school library district.
(B) A bridge and highway district.
(C) A joint highway district.
(D) A transit or rapid transit district.
(E) A metropolitan water district.
(F) A separation of grade district.
(G) A municipal utility district.
(H) A public utility district.
(2) Any proceedings pursuant to Part 4 (commencing with Section
57000) for a change of organization involving an entity described in
paragraph (1) shall be conducted pursuant to the principal act
authorizing the establishment of that entity.
(c) Except as otherwise provided in paragraph (1), each of the
entities listed in paragraph (1) is a "district" or "special district"
for purposes of this division.
(1) For the purposes of Chapter 1 (commencing with Section 57000)
to Chapter 7 (commencing with Section 57175), inclusive, of Part 4 or
Part 5 (commencing with Section 57300), none of the following
entities is a "district" or "special district" if the commission of
the principal county determines, in accordance with Sections 56127
and 56128, that the entity is not a "district" or "special district."
(A) A flood control district.
(B) A flood control and floodwater conservation district.
(C) A flood control and water conservation district.
(D) A conservation district.
(E) A water conservation district.
(F) A water replenishment district.
(G) The Orange County Water District.
(H) A California water storage district.
(I) A water agency.
(J) A county water authority or a water authority.
(2) If the commission determines that an entity described in
paragraph (1) is not a "district" or "special district," any
proceedings pursuant to Part 4 (commencing with Section 57000) for a
change of organization involving the entity shall be conducted
pursuant to the principal act authorizing the establishment of that
entity.
SEC. 5. Section 56129 of the Government Code is repealed.
SEC. 6. Section 56130 of the Government Code is repealed.
SEC. 7. Section 56131 of the Government Code is repealed.
SEC. 8. Section 56875 of the Government Code is repealed.
SEC. 9. Section 11531 of the Public Utilities Code is amended to
read:
11531. A municipal utility district may be created as provided in
this division and when so created may exercise the powers herein
granted.
Notwithstanding Division 3 (commencing with Section 56000, of
Title 5 of the Government Code, this division provides the sole and
exclusive authority and procedure for the initiation, conduct, and
completion of the organization of, changes to, and reorganization of
municipal utility districts.
SEC. 10. Section 11643.1 of the Public Utilities Code is repealed.
SEC. 11. Section 11652 of the Public Utilities Code is amended to
read:
11652. The board of supervisors shall canvass the returns of each
public agency and each parcel of unincorporated territory, if any,
separately, and shall order and declare the district created and
established of the public agencies and territory in which a majority
of those who voted on the proposition voted in favor of the creation
of the district if the total number of voters in those approving
public agencies and territory is not less than a majority of the
voters within the district as first proposed who voted on the
proposition, according to the register used at the election.
SEC. 12. Section 15701 of the Public Utilities Code is amended to
read:
15701. A district may be incorporated and managed in
unincorporated territory pursuant to this division and may exercise
the powers expressly granted.
Notwithstanding Division 3 (commencing with Section 56000) of
Title 5 of the Government Code, this division provides the sole and
exclusive authority and procedure for the initiation, conduct, and
completion of the organization of, changes to, and reorganization of
public utility districts.
SEC. 13. Section 15762.1 of the Public Utilities Code is repealed.