AB 2910: Local government: organization: omnibus bill.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-22
(1)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agencys jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term jurisdictional boundaries for these purposes. Existing law, for these purposes, references a public agencys current service area.
This bill would revise these provisions to remove references to a public agencys current service area and instead include references to the public agencys jurisdictional boundaries. The bill would additionally make other technical changes.
(2)Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to encourage the efficient provision of government services.
(3)Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the county of the appointing commission.
(4)Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(5)Existing law requires a city that is subject to disincorporation to ascertain information relating to the citys debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would instead require this element of the written statement to include the amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected, and would make an additional technical change.
(6)Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(7)Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified.
This bill would correct an incorrect cross reference in this provision.
(8)Existing law, notwithstanding specified requirements with respect to the dissolution of a local agency, authorizes a local agency formation commission, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission, as provided, to order the dissolution either without election or protest proceedings if the dissolution is initiated by the district board or without an election following at least one noticed public hearing and protest proceedings if the dissolution is initiated by an affected local agency.
This bill would authorize the commission to order the above-described dissolutions with respect to local hospital districts notwithstanding a statutory requirement that an order of dissolution of these districts be subject to voter confirmation.
(1)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agencys jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term jurisdictional boundaries for these purposes. Existing law, for these purposes, references a public agencys current service area.
This bill would revise these provisions to remove references to a public agencys current service area and instead include references to the public agencys jurisdictional boundaries. The bill would additionally make other technical changes.
(2)Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to encourage the efficient provision of government services.
(3)Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the county of the appointing commission.
(4)Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(5)Existing law requires a city that is subject to disincorporation to ascertain information relating to the citys debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would instead require this element of the written statement to include the amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected, and would make an additional technical change.
(6)Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(7)Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified.
This bill would correct an incorrect cross reference in this provision.
(8)Existing law, notwithstanding specified requirements with respect to the dissolution of a local agency, authorizes a local agency formation commission, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission, as provided, to order the dissolution either without election or protest proceedings if the dissolution is initiated by the district board or without an election following at least one noticed public hearing and protest proceedings if the dissolution is initiated by an affected local agency.
This bill would authorize the commission to order the above-described dissolutions with respect to local hospital districts notwithstanding a statutory requirement that an order of dissolution of these districts be subject to voter confirmation.
(1)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agencys jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term jurisdictional boundaries for these purposes. Existing law, for these purposes, references a public agencys current service area.
This bill would revise these provisions to remove references to a public agencys current service area and instead include references to the public agencys jurisdictional boundaries. The bill would additionally make other technical changes.
(2)Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to encourage the efficient provision of government services.
(3)Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the affected county. county of the appointing commission.
(4)Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(5)Existing law requires a city that is subject to disincorporation to ascertain information relating to the citys debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would instead require this element of the written statement to include the amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected, and would make a an additional technical change to this provision. change.
(6)Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(7)Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified.
This bill would correct an incorrect cross reference in this provision.
(8)Existing law, notwithstanding specified requirements with respect to dissolution of a local agency, authorizes a local agency formation commission, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission, as provided, to order the dissolution either without election or protest proceedings if the dissolution is initiated by the district board or without an election following at least one noticed public hearing and protest proceeding if the dissolution is initiated by an affected local agency.
This bill would authorize the commission to order the above-described dissolutions with respect to local hospital districts notwithstanding a statutory requirement that an order of dissolution of these districts be subject to voter confirmation.
(1)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agencys jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term jurisdictional boundaries for these purposes. Existing law, for these purposes, references a public agencys current service area.
This bill would revise these provisions to remove references to a public agencys current service area and instead include references to the public agencys jurisdictional boundaries. The bill would additionally make other technical changes.
(2)Existing law requires notices required by the act to be published, posted, or mailed pursuant to its provisions.
This bill would permit the use of electronic mail, if available to the recipient, or hand delivery, if notice is required to be mailed.
(3)
(2)Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to ensure encourage the efficient provision of government services.
(4)
(3)Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the affected county.
(5)
(4)Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(6)
(5)Existing law requires a city that is subject to disincorporation to ascertain information relating to the citys debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would make a technical change to this provision.
(7)
(6)Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(8)
(7)Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified. This
This bill would correct an incorrect cross reference in this provision.
(1)The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agencys jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term jurisdictional boundaries for these purposes. Existing law, for these purposes, references a public agencys current service area.
This bill would revise these provisions to remove references to a public agencys current service area and instead include references to the public agencys jurisdictional boundaries. The bill would additionally make other technical changes.
(2)Existing law requires notices required by the act to be published, posted, or mailed pursuant to its provisions.
This bill would permit the use of electronic mail, if available to the recipient, or hand delivery, if notice is required to be mailed.
(3)Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to ensure the efficient provision of government services.
(4)Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the affected county.
(5)Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(6)Existing law requires a city that is subject to disincorporation to ascertain information relating to the citys debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would make a technical change to this provision.
(7)Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(8)Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified. This bill would correct an incorrect cross reference in this provision.
(a)(1)For the purposes of this section, fire protection contract means a contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public agency affected by the contract or agreement.
(B)Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)A contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)For the purposes of this section, jurisdictional boundaries shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)A request by a public agency for commission approval of new or extended services provided pursuant to a fire protection contract shall be made by the adoption of a resolution of application as follows:
(1)In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agencys current jurisdictional boundaries.
(2)In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agencys current jurisdictional boundaries and be approved by the Director of Finance.
(3)In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)The public agency does either of the following:
(A)Obtains and submits with the resolution a written agreement validated and executed by each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers consenting to the proposed fire protection contract.
(B)Provides, at least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of the following information:
(1)The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)The level and range of new or extended fire protection services.
(8)An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)The applicant shall cause to be prepared by contract an independent fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)Any other information and analysis needed to support the findings required by subdivision (j).
(g)The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)(1)The executive officer, within 30 days of receipt of a public agencys request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, 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.
(2)The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)(1)The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the exercise of the new or extended fire protection services outside its jurisdictional boundaries, except as specified in paragraph (2).
(2)The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the entire record, all of the following:
(1)The proposed exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)The commission has reviewed the fiscal analysis prepared pursuant to subdivision (f).
(3)The commission has reviewed any testimony presented at the public hearing.
(4)The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services.
(k)At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commissions Internet Web site.
(l)The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested person who appears at any hearing called and held pursuant to this section.
(m)This section shall not be construed to abrogate a public agencys obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).
SEC. 2.Section 56301 of the Government Code is amended to read:56301.Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. 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 56331 of the Government Code is amended to read:56331.When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the county of the appointing commission.
If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy.
No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed.
SEC. 4.Section 56700.4 of the Government Code is amended to read:56700.4.(a)Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition proposing to ____.
The reasons for the proposal
are:
(b)After the filing required pursuant to subdivision (a), the petition may be circulated for signatures.
(c)Upon receiving the notice, the executive officer shall notify affected local agencies.
(d)The notice requirements of this section shall apply in addition to any other applicable notice requirements.
(e)This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
SEC. 5.Section 56816 of the Government Code is amended to read:56816.(a)It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1)The indebtedness of the city.
(2)The amount of money in the citys treasury.
(3)The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4)The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b)The city shall provide a written statement identifying the successor agency to the citys former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 6.Section 56881 of the Government Code is amended to read:56881.The resolution making determinations shall also do all of the following:
(a)Make any of the findings or determinations authorized or required pursuant to Section 56375.
(b)For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations:
(1)Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(2)A change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
(c)If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory.
(d)Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution.
SEC. 7.Section 57077.1 of the Government Code is amended to read:57077.1.(a)If a change of organization consists of a dissolution, the commission shall order the dissolution without confirmation of the voters, except if the proposal meets the requirements of subdivision (b), the commission shall order the dissolution subject to confirmation of the voters.
(b)The commission shall order the dissolution subject to the confirmation of the voters as follows:
(1)If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet one of the following protest thresholds:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and that protests have been signed by at least 25 percent of the number of landowners within the affected territory owning at least 25 percent of the assessed value of land within the territory.
(2)If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted as follows:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within any subject agency within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and protests have been signed by at least 25 percent of the number of landowners within any subject agency within the affected territory, owning at least 25 percent of the assessed value of land within the subject agency.
(3)If the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57113.
(c)Notwithstanding subdivisions (a) and (b) and Sections 57102 and 57103, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission pursuant to Section 56378, 56425, or 56430, the commission may do either of the following:
(1)If the dissolution is initiated by the district board, immediately approve and order the dissolution without an election or protest proceedings pursuant to this part.
(2)If the dissolution is initiated by an affected local agency, by the commission pursuant to Section 56375, or by petition pursuant to Section 56650, order the dissolution after holding at least one noticed public hearing, and after conducting protest proceedings in accordance with this part. Notwithstanding any other law, the commission shall terminate proceedings if a majority protest exists in accordance with Section 57078. If a majority protest is not found, the commission shall order the dissolution without an election.
SEC. 8.Section 57130 of the Government Code is amended to read:57130.The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 2 (commencing with Section 57025) of Part 4.
(a)(1)For the purposes of this section, fire protection contract means a contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public agency affected by the contract or agreement.
(B)Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)A contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)For the purposes of this section, jurisdictional boundaries shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)A request by a public agency for commission approval of new or extended services provided pursuant to a fire protection contract shall be made by the adoption of a resolution of application as follows:
(1)In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agencys current jurisdictional boundaries.
(2)In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agencys current jurisdictional boundaries and be approved by the Director of Finance.
(3)In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)The public agency does either of the following:
(A)Obtains and submits with the resolution a written agreement validated and executed by each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers consenting to the proposed fire protection contract.
(B)Provides, at least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of the following information:
(1)The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)The level and range of new or extended fire protection services.
(8)An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)The applicant shall cause to be prepared by contract an independent fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)Any other information and analysis needed to support the findings required by subdivision (j).
(g)The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)(1)The executive officer, within 30 days of receipt of a public agencys request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, 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.
(2)The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)(1)The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the exercise of the new or extended fire protection services outside its jurisdictional boundaries, except as specified in paragraph (2).
(2)The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the entire record, all of the following:
(1)The proposed exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)The commission has reviewed the fiscal analysis prepared pursuant to subdivision (f).
(3)The commission has reviewed any testimony presented at the public hearing.
(4)The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services.
(k)At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commissions Internet Web site.
(l)The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested person who appears at any hearing called and held pursuant to this section.
(m)This section shall not be construed to abrogate a public agencys obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).
SEC. 2.Section 56301 of the Government Code is amended to read:56301.Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. 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 56331 of the Government Code is amended to read:56331.When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the county of the appointing commission.
If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy.
No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed.
SEC. 4.Section 56700.4 of the Government Code is amended to read:56700.4.(a)Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition proposing to ____.
The reasons for the proposal
are:
(b)After the filing required pursuant to subdivision (a), the petition may be circulated for signatures.
(c)Upon receiving the notice, the executive officer shall notify affected local agencies.
(d)The notice requirements of this section shall apply in addition to any other applicable notice requirements.
(e)This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
SEC. 5.Section 56816 of the Government Code is amended to read:56816.(a)It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1)The indebtedness of the city.
(2)The amount of money in the citys treasury.
(3)The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4)The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b)The city shall provide a written statement identifying the successor agency to the citys former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 6.Section 56881 of the Government Code is amended to read:56881.The resolution making determinations shall also do all of the following:
(a)Make any of the findings or determinations authorized or required pursuant to Section 56375.
(b)For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations:
(1)Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(2)A change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
(c)If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory.
(d)Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution.
SEC. 7.Section 57077.1 of the Government Code is amended to read:57077.1.(a)If a change of organization consists of a dissolution, the commission shall order the dissolution without confirmation of the voters, except if the proposal meets the requirements of subdivision (b), the commission shall order the dissolution subject to confirmation of the voters.
(b)The commission shall order the dissolution subject to the confirmation of the voters as follows:
(1)If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet one of the following protest thresholds:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and that protests have been signed by at least 25 percent of the number of landowners within the affected territory owning at least 25 percent of the assessed value of land within the territory.
(2)If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted as follows:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within any subject agency within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and protests have been signed by at least 25 percent of the number of landowners within any subject agency within the affected territory, owning at least 25 percent of the assessed value of land within the subject agency.
(3)If the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57113.
(c)Notwithstanding subdivisions (a) and (b) and Sections 57102 and 57103, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission pursuant to Section 56378, 56425, or 56430, the commission may do either of the following:
(1)If the dissolution is initiated by the district board, immediately approve and order the dissolution without an election or protest proceedings pursuant to this part.
(2)If the dissolution is initiated by an affected local agency, by the commission pursuant to Section 56375, or by petition pursuant to Section 56650, order the dissolution after holding at least one noticed public hearing, and after conducting protest proceedings in accordance with this part. Notwithstanding any other law, the commission shall terminate proceedings if a majority protest exists in accordance with Section 57078. If a majority protest is not found, the commission shall order the dissolution without an election.
SEC. 8.Section 57130 of the Government Code is amended to read:57130.The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 2 (commencing with Section 57025) of Part 4.
(a)(1)For the purposes of this section, fire protection contract means a contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public agency affected by the contract or agreement.
(B)Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)A contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)For the purposes of this section, jurisdictional boundaries shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)A request by a public agency for commission approval of new or extended services provided pursuant to a fire protection contract shall be made by the adoption of a resolution of application as follows:
(1)In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agencys current jurisdictional boundaries.
(2)In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agencys current jurisdictional boundaries and be approved by the Director of Finance.
(3)In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)The public agency does either of the following:
(A)Obtains and submits with the resolution a written agreement validated and executed by each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers consenting to the proposed fire protection contract.
(B)Provides, at least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of the following information:
(1)The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)The level and range of new or extended fire protection services.
(8)An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)The applicant shall cause to be prepared by contract an independent fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)Any other information and analysis needed to support the findings required by subdivision (j).
(g)The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)(1)The executive officer, within 30 days of receipt of a public agencys request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, 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.
(2)The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)(1)The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the exercise of the new or extended fire protection services outside its jurisdictional boundaries, except as specified in paragraph (2).
(2)The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the entire record, all of the following:
(1)The proposed exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)The commission has reviewed the fiscal analysis prepared pursuant to subdivision (f).
(3)The commission has reviewed any testimony presented at the public hearing.
(4)The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services.
(k)At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commissions Internet Web site.
(l)The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested person who appears at any hearing called and held pursuant to this section.
(m)This section shall not be construed to abrogate a public agencys obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).
SEC. 2.Section 56301 of the Government Code is amended to read:56301.Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. 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 56331 of the Government Code is amended to read:56331.When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the affected county. county of the appointing commission.
If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy.
No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed.
SEC. 4.Section 56700.4 of the Government Code is amended to read:56700.4.(a)Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition proposing to ____.
The reasons for the proposal are:
(b)After the filing required pursuant to subdivision (a), the petition may be circulated for signatures.
(c)Upon receiving the notice, the executive officer shall notify affected local agencies.
(d)The notice requirements of this section shall apply in addition to any other applicable notice requirements.
(e)This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
SEC. 5.Section 56816 of the Government Code is amended to read:56816.(a)It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1)The indebtedness of the city.
(2)The amount of money in the citys treasury.
(3)The amount of any tax levy levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4)The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b)The city shall provide a written statement identifying the successor agency to the citys former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 6.Section 56881 of the Government Code is amended to read:56881.The resolution making determinations shall also do all of the following:
(a)Make any of the findings or determinations authorized or required pursuant to Section 56375.
(b)For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations:
(1)Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(2)A change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
(c)If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory.
(d)Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution.
SEC. 7.Section 57077.1 of the Government Code is amended to read:57077.1.(a)If a change of organization consists of a dissolution, the commission shall order the dissolution without confirmation of the voters, except if the proposal meets the requirements of subdivision (b), the commission shall order the dissolution subject to confirmation of the voters.
(b)The commission shall order the dissolution subject to the confirmation of the voters as follows:
(1)If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet one of the following protest thresholds:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and that protests have been signed by at least 25 percent of the number of landowners within the affected territory owning at least 25 percent of the assessed value of land within the territory.
(2)If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted as follows:
(A)In the case of inhabited territory, protests have been signed by either of the following:
(i)At least 25 percent of the number of landowners within any subject agency within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory.
(B)In the case of a landowner-voter district, that the territory is uninhabited and protests have been signed by at least 25 percent of the number of landowners within any subject agency within the affected territory, owning at least 25 percent of the assessed value of land within the subject agency.
(3)If the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57113.
(c)Notwithstanding subdivisions (a) and (b) and Section 57102, Sections 57102 and 57103, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission pursuant to Section 56378, 56425, or 56430, the commission may do either of the following:
(1)If the dissolution is initiated by the district board, immediately approve and order the dissolution without an election or protest proceedings pursuant to this part.
(2)If the dissolution is initiated by an affected local agency, by the commission pursuant to Section 56375, or by petition pursuant to Section 56650, order the dissolution after holding at least one noticed public hearing, and after conducting protest proceedings in accordance with this part. Notwithstanding any other law, the commission shall terminate proceedings if a majority protest exists in accordance with Section 57078. If a majority protest is not found, the commission shall order the dissolution without an election.
SEC. 7.SEC. 8.Section 57130 of the Government Code is amended to read:57130.The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 2 (commencing with Section 57025) of Part 4.
(a)(1)For the purposes of this section, fire protection contract means a contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public agency affected by the contract or agreement.
(B)Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)A contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)For the purposes of this section, jurisdictional boundaries shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)A request by a public agency for commission approval of new or extended services provided pursuant to a fire protection contract shall be made by the adoption of a resolution of application as follows:
(1)In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agencys current jurisdictional boundaries.
(2)In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agencys current jurisdictional boundaries and be approved by the Director of Finance.
(3)In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)The public agency does either of the following:
(A)Obtains and submits with the resolution a written agreement validated and executed by each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers consenting to the proposed fire protection contract.
(B)Provides, at least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of the following information:
(1)The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)The level and range of new or extended fire protection services.
(8)An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)The applicant shall cause to be prepared by contract an independent fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)Any other information and analysis needed to support the findings required by subdivision (j).
(g)The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)(1)The executive officer, within 30 days of receipt of a public agencys request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, 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.
(2)The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)(1)The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the exercise of the new or extended fire protection services outside its jurisdictional boundaries, except as specified in paragraph (2).
(2)The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the entire record, all of the following:
(1)The proposed exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)The commission has reviewed the fiscal analysis prepared pursuant to subdivision (f).
(3)The commission has reviewed any testimony presented at the public hearing.
(4)The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services.
(k)At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commissions Internet Web site.
(l)The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested person who appears at any hearing called and held pursuant to this section.
(m)This section shall not be construed to abrogate a public agencys obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).
SEC. 2.Section 56150 of the Government Code is amended to read:56150.Unless the provision or context otherwise requires, whenever this division requires notice to be published, posted, or mailed, the notice shall be published, posted, or mailed as provided in this chapter. The requirement for mailed notice to be given pursuant to this division may be satisfied by providing the notice by electronic mail, if available to the recipient, or by hand delivery. Unless the provision or context otherwise requires, whenever this division requires notice to be given that notice shall also be given in electronic format on a website provided by the commission, to the extent that the commission maintains a website.
SEC. 3.SEC. 2.Section 56301 of the Government Code is amended to read:56301.Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, ensuring encouraging the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. 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. 4.SEC. 3.Section 56331 of the Government Code is amended to read:56331.When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the affected county.
If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy.
No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed.
SEC. 5.SEC. 4.Section 56700.4 of the Government Code is amended to read:56700.4.(a)Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition proposing to ____.
The reasons for
the proposal are:
(b)After the filing required pursuant to subdivision (a), the petition may be circulated for signatures.
(c)Upon receiving the notice, the executive officer shall notify affected local agencies.
(d)The notice requirements of this section shall apply in addition to any other applicable notice requirements.
(e)This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
SEC. 6.SEC. 5.Section 56816 of the Government Code is amended to read:56816.(a)It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1)The indebtedness of the city.
(2)The amount of money in the citys treasury.
(3)The amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
(4)The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b)The city shall provide a written statement identifying the successor agency to the citys former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 7.SEC. 6.Section 56881 of the Government Code is amended to read:56881.The resolution making determinations shall also do all of the following:
(a)Make any of the findings or determinations authorized or required pursuant to Section 56375.
(b)For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations:
(1)Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(2)A change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
(c)If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory.
(d)Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution.
SEC. 8.SEC. 7.Section 57130 of the Government Code is amended to read:57130.The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 2 (commencing with Section 57025) of Part 4.
(a)(1)For the purposes of this section, fire protection contract means a contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public agency affected by the contract or agreement.
(B)Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)A contract or agreement for the exercise of new or extended fire protection services outside a public agencys jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)For the purposes of this section, jurisdictional boundaries shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)A request by a public agency for commission approval of new or extended services provided pursuant to a fire protection contract shall be made by the adoption of a resolution of application as follows:
(1)In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agencys current service area. jurisdictional boundaries.
(2)In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agencys current service area jurisdictional boundaries and be approved by the Director of Finance.
(3)In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)The public agency does either of the following:
(A)Obtains and submits with the resolution a written agreement validated and executed by each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers consenting to the proposed fire protection contract.
(B)Provides, at least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of the following information:
(1)The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)The level and range of new or extended fire protection services.
(8)An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)The applicant shall cause to be prepared by contract an independent comprehensive fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)Any other information and analysis needed to support the findings required by subdivision (j).
(g)The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)(1)The executive officer, within 30 days of receipt of a public agencys request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, 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.
(2)The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)(1)The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the exercise of the new or extended fire protection services outside its current area, jurisdictional boundaries, except as specified in paragraph (2).
(2)The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the entire record, all of the following:
(1)The proposed exercise of new or extended fire protection services outside a public agencys current service area jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)The commission has reviewed the comprehensive fiscal analysis prepared pursuant to subdivision (f).
(3)The commission has reviewed any testimony presented at the public hearing.
(4)The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services.
(k)At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commissions Internet Web site.
(l)The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested person who appears at any hearing called and held pursuant to this section.
(m)This section shall not be construed to abrogate a public agencys obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).
SEC. 2.Section 56150 of the Government Code is amended to read:56150.Unless the provision or context otherwise requires, whenever this division requires notice to be published, posted, or mailed, the notice shall be published, posted, or mailed as provided in this chapter. The requirement for mailed notice to be given pursuant to this division may be satisfied by providing the notice by electronic mail, if available to the recipient, or by hand delivery. Unless the provision or context otherwise requires, whenever this division requires notice to be given that notice shall also be given in electronic format on a website provided by the commission, to the extent that the commission maintains a website.
SEC. 3.Section 56301 of the Government Code is amended to read:56301.Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, efficiently providing ensuring the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. 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. 4.Section 56331 of the Government Code is amended to read:56331.When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the affected county.
If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy.
No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed.
SEC. 5.Section 56700.4 of the Government Code is amended to read:56700.4.(a)Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition proposing to ____.
The reasons for the proposal are:
(b)After the filing required pursuant to subdivision (a), the petition may be circulated for signatures.
(c)Upon receiving the notice, the executive officer shall notify affected local agencies.
(d)The notice requirements of this section shall apply in addition to any other applicable notice requirements.
(e)This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
SEC. 6.Section 56816 of the Government Code is amended to read:56816.(a)It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1)The indebtedness of the city.
(2)The amount of money in the citys treasury.
(3)The amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
(4)The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b)The city shall provide a written statement identifying the successor agency to the citys former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 7.Section 56881 of the Government Code is amended to read:56881.The resolution making determinations shall also do all of the following:
(a)Make any of the findings or determinations authorized or required pursuant to Section 56375.
(b)For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations:
(1)Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(2)A change or of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
(c)If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory.
(d)Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution.
SEC. 8.Section 57130 of the Government Code is amended to read:57130.The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 1 2 (commencing with Section 57025) of Part 4.
|
Date
|
Status
|
|---|---|
| Jun 8, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 8). |
| Aug 22, 2016 | Chaptered by Secretary of State - Chapter 165, Statutes of 2016. |
| Aug 22, 2016 | Approved by the Governor. |
| Aug 10, 2016 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 4, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 5702.). |
| Aug 4, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 2, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 4 pursuant to Assembly Rule 77. |
| Aug 1, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4725.). |
| Aug 1, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 16, 2016 | Ordered to third reading. |
| Jun 16, 2016 | From Consent Calendar. |
| Jun 9, 2016 | Read second time. Ordered to Consent Calendar. |
| Mar 15, 2016 | Read first time. To print. |
| Jun 1, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| May 12, 2016 | Referred to Com. on GOV. & F. |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4689.) |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 5, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 28, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 27, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (April 27). |
| Apr 19, 2016 | Re-referred to Com. on L. GOV. |
| Apr 18, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 28, 2016 | Referred to Com. on L. GOV. |
| Mar 16, 2016 | From printer. May be heard in committee April 15. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 4, 2016 | AB 2910 L. GOV. Concurrence in Senate Amendments By EGGMAN | Assembly Floor |
Passed |
|
| Aug 1, 2016 | Assembly 3rd Reading AB2910 Committee On L. GOV. (Eggman) By Hertzberg | Senate Floor |
Passed |
|
| Jun 8, 2016 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 5, 2016 | AB 2910 L. GOV. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 27, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Association Of California Water Agencies | ** Support | Aug 1, 2016 |
| California Association of Local Agency Formation Commissions | ** Support | Aug 1, 2016 |
| Contra Costa Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| El Dorado Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Imperial County Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Los Angeles County Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Riverside Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| San Diego Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| San Luis Obispo Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Santa Clara County Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Solano Local Agency Formation Commission | ** Support | Aug 1, 2016 |
| Yolo Local Agency Formation Commission | ** Support | Aug 1, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2910
Author:(Committee on Local Government)
As Amended Ver:June 1, 2016
Majority vote
ASSEMBLY: | 79-0 | (May 5, 2016) | SENATE: | 39-0 | (August 1, 2016) |
Original Committee Reference: L. GOV.
SUMMARY: Makes several non-controversial changes to the laws affecting local government organization and reorganization.
The Senate amendments clarify that the expedited dissolution process under existing law for special districts may also apply to healthcare districts.
EXISTING LAW establishes the procedures for the organization and reorganization of cities, counties, and special districts under the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.
FISCAL EFFECT: None
COMMENTS:
- Background. As statutes go into effect, local officials and others often discover problems or inconsistencies in the language of the law and approach the Legislature to correct them. These minor problems do not warrant separate bills, so Committee on Local Government has found that it is expeditious and relatively inexpensive to respond to multiple minor, non-controversial requests on related issues by combining them into an annual "omnibus bill." Since the major rewrite of the law governing local agency organization and reorganization (AB 2838 (Hertzberg), Chapter 761, Statutes of 2000), the Committee has focused its omnibus bill efforts on Local Agency Formation Commission (LAFCO)-related issues. Most recently the Committee authored AB 1532, Chapter 114, Statutes of 2015.
- This bill reflects the concerns of LAFCOs and other stakeholders who have brought proposals and issues to the Committee. All proposals are vetted by a large number of stakeholders. Any proposal that provokes any controversy or opposition is rejected for inclusion.
- Bill Summary. This bill makes several non-controversial changes to the Cortese-Knox-Hertzberg Local Reorganization Act (Act). Senate amendments clarify that the expedited dissolution process for special districts established by AB 912 (Gordon), Chapter 109, Statutes of 2011, may also apply to healthcare districts.
- Arguments in Support. Supporters argue that the non-controversial changes included in this bill are necessary as LAFCOs implement the Act.
- Arguments in Opposition. None on file
Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0003622
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2910 |
THIRD READING
Bill No: AB 2910
Author: Committee on Local Government
Amended: 6/1/16 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/8/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote
SUBJECT: Local government: organization: omnibus bill
DIGEST: This bill makes minor clarifying changes to laws affecting local government organization and reorganization.
ANALYSIS: Existing law establishes the Cortese-Knox-Hertzberg Local Government Reorganization Act, which delegates the Legislature’s power to control the boundaries of cities and special districts to local agency formation commissions (LAFCOs).
This bill makes the following clarifying changes to state laws affecting LAFCOs:
- Clarifies some changes in law enacted by SB 239 (Hertzberg, Chapter 763, Statutes of 2015). SB 239 only replaced some references to “current service area” with “jurisdictional boundaries.” AB 2910 ensures the consistent use of jurisdictional boundaries throughout the law. It also clarifies that the fiscal analysis required by SB 239 is not a “comprehensive fiscal analysis,” which is a specific term within the context of LAFCO proceedings. [See SEC. 1 of the bill.]
- Corrects statutory language that describes LAFCO purposes. Current law states that one purpose of a LAFCO is to efficiently provide government services. However, a LAFCO does not directly provide services, but instead encourages service providers, such as special districts, to efficiently provide those services. AB 2910 makes technical changes to reflect this purpose. [SEC. 2]
- Requires public members sitting on LAFCOs to be residents of the county of the appointing commission. The composition of LAFCOs includes the appointment of a public member and an alternate public member. Existing law places only one restriction on the selection of public members: that no officer or employee of a county, city, or district within the county may be appointed as a public member or alternate public member. In practice, LAFCOs require these public members to be a resident of the county of the commission that appoints the public member. AB 2910 codifies this practice and includes references to LAFCOs that have the composition of their commission established separately in a stand-alone section. [SEC. 3]
- Exempts proposals for changes of organization that are initiated by the sole landowner in the affected area from certain notices. Current law requires the filing of a Notice of Intent to Circulate Petition prior to the circulation of any petition to initiate a change of organization. In cases when there is only a single landowner involved, that sole landowner must currently file this notice before they can sign their own petition. AB 2910 exempts proposals initiated by a landowner that owns all parcels in the affected territory from this requirement. [SEC. 4]
- Corrects a typographical error in the statute that governs city disincorporation and ensures that any unpaid assessments owed to a disincorporating city are tallied along with other financial obligations. Current law requires disincorporating cities to determine and certify the amount of any tax levy or other obligation outstanding. AB 2910 adds assessments to this list to clarify that they should be counted as well. [SEC. 5]
- Corrects a typographical error in the statute that governs the LAFCO decision-making process. [SEC. 6]
- Clarifies that LAFCOs’ ability to conduct an expedited dissolution process for special districts generally also applies to healthcare districts. Current law, enacted by AB 912 (Gordon, Chapter 109, Statutes of 2011), authorizes LAFCOs to dissolve a special district without an election in some cases, but it mistakenly excluded a reference to another provision of current law that states that dissolutions of local hospital districts are subject to approval by voters. AB 2910 adds the requisite reference and ensures that the expedited dissolution process applies to all special districts. [SEC. 7]
- Corrects a cross reference in statute governing the notice of changes of organization or reorganization. [SEC. 8]
Background
As practitioners find problems with the Cortese-Knox-Hertzberg Act, they ask for statutory improvements. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was $17,890.
Legislators respond by combining several of these minor amendments into an annual “omnibus bill.” In 2015, for example, the LAFCO omnibus bill was AB 1532 (Assembly Local Government Committee, Chapter 114, Statutes of 2015) which contained several noncontroversial statutory changes to LAFCO law, avoiding significant legislative costs.
Comments
Purpose of the bill. Even the best written statutes contain minor flaws. When statutory problems appear in the state law affecting LAFCOs, the Assembly Local Government Committee avoids legislative costs by combining several changes to the state laws into a single, consensus bill. AB 2910 compiles, into a single bill, noncontroversial statutory changes to eight parts of LAFCO law. Moving a bill through the legislative process costs around $18,000. By avoiding seven other bills, the Committee’s measure avoids more than $126,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. By carefully reviewing each item with the affected parties, the Committee also avoids controversy. Should any item in AB 2910 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Association of Local Agency Formation Commissions (source)
Alameda Local Agency Formation Commission
Association of California Water Agencies
Contra Costa Local Agency Formation Commission
El Dorado Local Agency Formation Commission
Imperial County Local Agency Formation Commission
Los Angeles County Local Agency Formation Commission
Riverside Local Agency Formation Commission
San Diego Local Agency Formation Commission
San Luis Obispo Local Agency Formation Commission
Santa Clara County Local Agency Formation Commission
Solano Local Agency Formation Commission
Yolo Local Agency Formation Commission
OPPOSITION: (Verified 6/10/16)
None received
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
6/16/16 14:22:40
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2910 |
CONSENT
Bill No: AB 2910
Author: Committee on Local Government
Amended: 6/1/16 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/8/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote
SUBJECT: Local government: organization: omnibus bill
SOURCE: California Association of Local Agency Formation Commissions
DIGEST: This bill makes minor clarifying changes to laws affecting local government organization and reorganization.
ANALYSIS: Existing law establishes the Cortese-Knox-Hertzberg Local Government Reorganization Act, which delegates the Legislature’s power to control the boundaries of cities and special districts to local agency formation commissions (LAFCOs).
This bill makes the following clarifying changes to state laws affecting LAFCOs:
- Clarifies some changes in law enacted by SB 239 (Hertzberg, Chapter 763, Statutes of 2015). SB 239 only replaced some references to “current service area” with “jurisdictional boundaries.” AB 2910 ensures the consistent use of jurisdictional boundaries throughout the law. It also clarifies that the fiscal analysis required by SB 239 is not a “comprehensive fiscal analysis,” which is a specific term within the context of LAFCO proceedings. [See SEC. 1 of the bill.]
- Corrects statutory language that describes LAFCO purposes. Current law states that one purpose of a LAFCO is to efficiently provide government services. However, a LAFCO does not directly provide services, but instead encourages service providers, such as special districts, to efficiently provide those services. AB 2910 makes technical changes to reflect this purpose. [SEC. 2]
- Requires public members sitting on LAFCOs to be residents of the county of the appointing commission. The composition of LAFCOs includes the appointment of a public member and an alternate public member. Existing law places only one restriction on the selection of public members: that no officer or employee of a county, city, or district within the county may be appointed as a public member or alternate public member. In practice, LAFCOs require these public members to be a resident of the county of the commission that appoints the public member. AB 2910 codifies this practice and includes references to LAFCOs that have the composition of their commission established separately in a stand-alone section. [SEC. 3]
- Exempts proposals for changes of organization that are initiated by the sole landowner in the affected area from certain notices. Current law requires the filing of a Notice of Intent to Circulate Petition prior to the circulation of any petition to initiate a change of organization. In cases when there is only a single landowner involved, that sole landowner must currently file this notice before they can sign their own petition. AB 2910 exempts proposals initiated by a landowner that owns all parcels in the affected territory from this requirement. [SEC. 4]
- Corrects a typographical error in the statute that governs city disincorporation and ensures that any unpaid assessments owed to a disincorporating city are tallied along with other financial obligations. Current law requires disincorporating cities to determine and certify the amount of any tax levy or other obligation outstanding. AB 2910 adds assessments to this list to clarify that they should be counted as well. [SEC. 5]
- Corrects a typographical error in the statute that governs the LAFCO decision-making process. [SEC. 6]
- Clarifies that LAFCOs’ ability to conduct an expedited dissolution process for special districts generally also applies to healthcare districts. Current law, enacted by AB 912 (Gordon, Chapter 109, Statutes of 2011), authorizes LAFCOs to dissolve a special district without an election in some cases, but it mistakenly excluded a reference to another provision of current law that states that dissolutions of local hospital districts are subject to approval by voters. AB 2910 adds the requisite reference and ensures that the expedited dissolution process applies to all special districts. [SEC. 7]
- Corrects a cross reference in statute governing the notice of changes of organization or reorganization. [SEC. 8]
Background
As practitioners find problems with the Cortese-Knox-Hertzberg Act, they ask for statutory improvements. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was $17,890.
Legislators respond by combining several of these minor amendments into an annual “omnibus bill.” In 2015, for example, the LAFCO omnibus bill was AB 1532 (Assembly Local Government Committee, Chapter 114, Statutes of 2015) which contained several noncontroversial statutory changes to LAFCO law, avoiding significant legislative costs.
Comments
Purpose of the bill. Even the best written statutes contain minor flaws. When statutory problems appear in the state law affecting LAFCOs, the Assembly Local Government Committee avoids legislative costs by combining several changes to the state laws into a single, consensus bill. AB 2910 compiles, into a single bill, noncontroversial statutory changes to eight parts of LAFCO law. Moving a bill through the legislative process costs around $18,000. By avoiding seven other bills, the Committee’s measure avoids more than $126,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. By carefully reviewing each item with the affected parties, the Committee also avoids controversy. Should any item in AB 2910 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Local Agency Formation Commissions (source)
Alameda Local Agency Formation Commission
Association of California Water Agencies
Contra Costa Local Agency Formation Commission
El Dorado Local Agency Formation Commission
Imperial County Local Agency Formation Commission
Los Angeles County Local Agency Formation Commission
Riverside Local Agency Formation Commission
San Diego Local Agency Formation Commission
San Luis Obispo Local Agency Formation Commission
Santa Clara County Local Agency Formation Commission
Solano Local Agency Formation Commission
Yolo Local Agency Formation Commission
OPPOSITION: (Verified 6/10/16)
None received
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
6/10/16 11:54:00
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: | AB 2910 | Hearing Date: | 6/8/16 |
Author: | Committee on Local Government | Tax Levy: | No |
Version: | 6/1/16 | Fiscal: | No |
Consultant: | Favorini-Csorba | ||
Local government: organization: omnibus bill
Proposes several changes to laws affecting local government organization and reorganization.
Background and Existing Law
The Cortese-Knox-Hertzberg Local Government Reorganization Act delegates the Legislature’s power to control the boundaries of cities and special districts to local agency formation commissions (LAFCOs). The courts call LAFCOs the Legislature’s watchdog over local boundary changes.
As practitioners find problems with the Cortese-Knox-Hertzberg Act, they ask for statutory improvements. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was $17,890.
Legislators respond by combining several of these minor amendments into an annual “omnibus bill.” In 2015, for example, the LAFCO omnibus bill was AB 1532 (Assembly Local Government Committee, 2015) which contained several noncontroversial statutory changes to LAFCO law, avoiding significant legislative costs.
Proposed Law
Assembly Bill 2910 makes the following changes to state laws affecting LAFCOs:
- Clarifies some changes in law enacted by SB 239 (Hertzberg, 2015). SB 239 only replaced some references to “current service area” with “jurisdictional boundaries.” Assembly Bill 2910 ensures the consistent use of jurisdictional boundaries throughout the law. It also clarifies that the fiscal analysis required by SB 239 is not a “comprehensive fiscal analysis,” which is a specific term within the context of LAFCO proceedings. [See SEC. 1 of the bill.]
- Corrects statutory language that describes LAFCO purposes. Current law states that one purpose of a LAFCO is to efficiently provide government services. However, a LAFCO does not directly provide services, but instead encourages service providers, such as special districts, to efficiently provide those services. Assembly Bill 2910 makes technical changes to reflect this purpose. [SEC. 2]
- Requires public members sitting on LAFCOs to be residents of the county of the appointing commission. The composition of LAFCOs includes the appointment of a public member and an alternate public member. Existing law places only one restriction on the selection of public members: that no officer or employee of a county, city, or district within the county may be appointed as a public member or alternate public member. In practice, LAFCOs require these public members to be a resident of the county of the commission that appoints the public member. Assembly Bill 2910 codifies this practice and includes references to LAFCOs that have the composition of their commission established separately in a stand-alone section. [SEC. 3]
- Exempts proposals for changes of organization that are initiated by the sole landowner in the affected area from certain notices. Current law requires the filing of a Notice of Intent to Circulate Petition prior to the circulation of any petition to initiate a change of organization. In cases when there is only a single landowner involved, that sole landowner must currently file this notice before they can sign their own petition. Assembly Bill 2910 exempts proposals initiated by a landowner that owns all parcels in the affected territory from this requirement. [SEC. 4]
- Corrects a typo in the statute that governs city disincorporation and ensures that any unpaid assessments owed to a disincorporating city are tallied along with other financial obligations. Current law requires disincorporating cities to determine and certify the amount of any tax levy or other obligation outstanding. Assembly Bill 2910 adds assessments to this list to clarify that they should be counted as well. [SEC. 5]
- Corrects a typo in the statute that governs the LAFCO decision-making process. [SEC. 6]
- Clarifies that LAFCOs’ ability to conduct an expedited dissolution process for special districts generally also applies to healthcare districts. Current law, enacted by AB 912 (Gordon, 2011), authorizes LAFCOs to dissolve a special district without an election in some cases, but it mistakenly excluded a reference to another provision of current law that states that dissolutions of local hospital districts are subject to approval by voters. Assembly Bill 2910 adds the requisite reference and ensures that the expedited dissolution process applies to all special districts. [SEC. 7]
- Corrects a cross reference in statute governing the notice of changes of organization or reorganization. [SEC. 8]
State Revenue Impact
No estimate.
Comments
Purpose of the bill. Even the best written statutes contain minor flaws. When statutory problems appear in the state law affecting LAFCOs, the Assembly Local Government Committee avoids legislative costs by combining several changes to the state laws into a single, consensus bill. AB 2910 compiles, into a single bill, noncontroversial statutory changes to eight parts of LAFCO law. Moving a bill through the legislative process costs around $18,000. By avoiding seven other bills, the Committee’s measure avoids more than $126,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. By carefully reviewing each item with the affected parties, the Committee also avoids controversy. Should any item in AB 2910 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
Assembly Actions
Assembly Local Government 9-0
Assembly Floor 79-0
Support and Opposition
(6/2/16)
Support: California Association of Local Agency Formation Commissions (sponsor); Alameda LAFCO; Association of California Water Agencies; Contra Costa LAFCO; El Dorado LAFCO; Imperial County LAFCO; Los Angeles County LAFCO; Riverside LAFCO; San Diego LAFCO; San Luis Obispo LAFCO; Santa Clara County LAFCO; Solano LAFCO; Yolo LAFCO;
Opposition: None received.
-- END --
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
ABPCA Bill Id:AB 2910 (
Author:Committee on Local Government) – As Amended Ver:April 18, 2016
SUBJECT: Local government: organization: omnibus bill.
SUMMARY: Makes several non-controversial changes to the laws affecting local government organization and reorganization.
EXISTING LAW establishes the procedures for the organization and reorganization of cities, counties, and special districts under the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.
FISCAL EFFECT: None
COMMENTS:
- Background. As statutes go into effect, local officials and others often discover problems or inconsistencies in the language of the law and approach the Legislature to correct them. These minor problems do not warrant separate bills, so this Committee has found that it is expeditious and relatively inexpensive to respond to multiple minor, non-controversial requests on related issues by combining them into an annual "omnibus bill." Since the major rewrite of the law governing local agency organization and reorganization [AB 2838 (Hertzberg), Chapter 761, Statutes of 2000], the Committee has focused its omnibus bill efforts on LAFCO-related issues.
Prior bills authored by the Committee include: AB 2795, Chapter 47, Statutes of 2010;
AB 1430, Chapter 300, Statutes of 2011; AB 2698, Chapter 62, Statutes of 2012; AB 1427, Chapter 87, Statutes of 2013; AB 2762, Chapter 112, Statutes of 2014; and AB 1532, Chapter 114, Statutes of 2015.
This bill reflects the concerns of local agency formation commissions (LAFCOs) and other stakeholders who have brought proposals and issues to the Committee. All proposals are vetted by a large number of stakeholders. Any proposal that provokes any controversy or opposition is rejected for inclusion.
- Bill Summary. This bill makes several non-controversial changes to the Cortese-Knox-Hertzberg Local Reorganization Act (Act).
Existing law requires the filing of a Notice of Intent to Circulate Petition (NOI) prior to the circulation of any petition to initiate a change of organization. The required contents of the NOI are limited to basic information about the proponent, the type of change, and the reasons for the proposed change. The NOI must be signed by the proponent or a representative of the proponent. Once the NOI is filed with the executive officer, the petition requesting the boundary change may be circulated for signature. Many proposals submitted to LAFCOs are initiated by the sole landowner of the affected territory. This requirement serves no purpose when there is only a single landowner involved and that sole landowner must file this notice before they can sign their own petition.
The NOI requirement originated as a recommendation from the Commission on Local Governance for the 21st Century to assist organizers of complex proposals in understanding the requirements of the LAFCO process. The reasoning was that early notification to LAFCO would provide an opportunity to explain all the requirements to citizen groups and avoid formatting, legal, or procedural mistakes that could lead to delays, such as recirculating a petition signed by thousands of voters. The purpose of this requirement was never directed at simple proposals that are initiated by the sole affected landowner. This bill specifically exempts proposals initiated by a landowner that owns all parcels in the affected territory. This bill does not alter any other notification, posting, or protest requirements contained in LAFCO law for proposed boundary changes.
Current law establishes the composition of LAFCOs, which includes the appointment of a public member and an alternate public member. This bill ensures that existing law reflects the practice of LAFCOs, which requires a public member to be a resident of the affected county. Under LAFCO law, only one restriction is placed on the selection of public members – no officer or employee of a county, city, or district within the county may be appointed as a public member or alternate public member. This bill requires that a public member and alternate public member be residents of the affected county and includes cross references to individual LAFCOs whose composition is established separately in a stand-alone section.
Existing law specifies that one of the purposes of LAFCO is to efficiently provide government services. This bill makes changes to more accurately reflect one of the purposes of LAFCO, which is to encourage that government services provided by local agencies are done so efficiently.
This bill contains technical and conforming changes to statutes recently enacted by
SB 239 (Hertzberg), Chapter 763, Statutes of 2015; and, AB 851 (Mayes), Chapter 304, Statutes of 2015. This bill also corrects typos contained in the Act.
- Arguments in Support. Supporters argue that the non-controversial changes included in this bill are necessary as LAFCOs implement the Act.
- Arguments in Opposition. None on file
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Local Agency Formation Commissions (CALAFCO)
Local Agency Formation Commissions of the Counties of: Alameda, Contra Costa, Imperial,
Los Angeles, Marin, Riverside, Santa Clara, Solano, Sonoma and Yolo
Opposition
None on file
Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):