Section 56133 Of Chapter 3. Introductory And General Provisions From California Government Code >> Division 3. >> Title 5. >> Part 1. >> Chapter 3.
56133
. (a) A city or district may provide new or extended services
by contract or agreement outside its jurisdictional boundary only if
it first requests and receives written approval from the commission.
(b) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundary but within
its sphere of influence in anticipation of a later change of
organization.
(c) If consistent with adopted policy, the commission may
authorize a city or district to provide new or extended services
outside its jurisdictional boundary and outside its sphere of
influence to respond to an existing or impending threat to the health
or safety of the public or the residents of the affected territory,
if both of the following requirements are met:
(1) The entity applying for approval has provided the commission
with documentation of a threat to the health and safety of the public
or the affected residents.
(2) The commission has notified any alternate service provider,
including any water corporation as defined in Section 241 of the
Public Utilities Code, that has filed a map and a statement of its
service capabilities with the commission.
(d) The executive officer, within 30 days of receipt of a request
for approval by a city or district to extend services outside its
jurisdictional boundary, shall determine whether the request is
complete and acceptable for filing or whether the request is
incomplete. If a request is determined not to be complete, the
executive officer shall immediately transmit that determination to
the requester, specifying those parts of the request that are
incomplete and the manner in which they can be made complete. When
the request is deemed complete, the executive officer shall place the
request on the agenda of the next commission meeting for which
adequate notice can be given but not more than 90 days from the date
that the request is deemed complete, unless the commission has
delegated approval of requests made pursuant to this section to the
executive officer. The commission or executive officer shall approve,
disapprove, or approve with conditions the extended services. If the
new or extended services are disapproved or approved with
conditions, the applicant may request reconsideration, citing the
reasons for reconsideration.
(e) This section does not apply to any of the following:
(1) Two or more public agencies where the public service to be
provided is an alternative to, or substitute for, public services
already being provided by an existing public service provider and
where the level of service to be provided is consistent with the
level of service contemplated by the existing service provider.
(2) The transfer of nonpotable or nontreated water.
(3) The provision of surplus water to agricultural lands and
facilities, including, but not limited to, incidental residential
structures, for projects that serve conservation purposes or that
directly support agricultural industries. However, prior to extending
surplus water service to any project that will support or induce
development, the city or district shall first request and receive
written approval from the commission in the affected county.
(4) An extended service that a city or district was providing on
or before January 1, 2001.
(5) A local publicly owned electric utility, as defined by Section
9604 of the Public Utilities Code, providing electric services that
do not involve the acquisition, construction, or installation of
electric distribution facilities by the local publicly owned electric
utility, outside of the utility's jurisdictional boundary.
(6) A fire protection contract, as defined in subdivision (a) of
Section 56134.
(f) This section applies only to the commission of the county in
which the extension of service is proposed.