On October 7, 2011, Governor Brown signed SB 244 (Wolk). This legislation, which took effect on January 1, 2012, provides the requirement that LAFCOs, cities and counties plan for “Disadvantaged Unincorporated Communities” (DUCs). A DUC is defined as an “inhabited territory” (with 12 or more registered voters) that has an annual household income that is less than 80 percent of the statewide median household income (§56033.5).
The new law requires that any city annexation proposal greater than 10 acres (or as determined by Commission policy) that is contiguous to a DUC cannot be approved without a companion annexation of the DUC unless a prior application for annexation of the same DUC area was received in the prior five years or the Commission finds that based upon written evidence that a majority of the residents within the DUC are opposed to annexation (§56375[a][A through B]).
It also requires that, for an update of a sphere of influence for a city or special district that provides public facilities and/or services for sewers, municipal and industrial water or structural fire on or after July 1, 2012, a written statement of the present and probable need for those services within the DUC must be reviewed and considered by the Commission (§56425[e]).