53980. This article shall be known and may be cited as the
"Local-State Financial Coordination Act."
53981. It is the Legislature's intent that local agencies pursue
financing, within the limitations, prescribed by Articles XIII A and
XIII B of the California Constitution, for required public
facilities. In order to protect the health, safety, and welfare of
the people of this state and to effectively plan for future
development, it is essential that all public facilities be provided
in accordance with the coordinated construction schedule to assure
necessary public services to residential, commercial, and industrial
developments.
53982. An action to determine the validity of any resolution,
ordinance, agreement, or method of financing authorized or undertaken
pursuant to this article or Article 18 (commencing with Section
53990) may be brought pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure.
53983. Unless the provision or context otherwise requires, the
definitions contained in this section shall govern the construction
of this article and Article 18 (commencing with Section 53990). The
definition of a word applies to any of its variants. As used in this
article and Article 18 (commencing with Section 53990):
(a) "Legislative body" means the elected or appointed governing
body or authority of a local agency.
(b) "Local agency" means a city, county, city and county, special
district, school district, community college district, county
superintendent of schools, or any other agency of the state formed
for the local performance of governmental or proprietary functions
within limited boundaries.
(c) "Plan" means a plan which specifies the new public facilities
to serve residential, commercial, and industrial developments within
a defined area and the financing and construction schedule of new
public facilities.
(d) "State agency" means any office, department, commission, or
agency of the State of California with authority to approve or
recommend approval of the priority of allocation, or allocations, of
state funds to local agencies or to approve or recommend approval of
the priority or allocation of funds for state construction.
53984. Any local agency may adopt a plan which shall include, but
not be limited to, a component identifying public facilities needed
for development within a defined area and a component describing the
method of financing construction of such public facilities.
53985. It is the specific intent of this article and Article 18
(commencing with Section 53990) to protect the financial integrity of
a plan by assuring continued and timely allocation of state funds to
meet construction of public facilities which are the responsibility
of the state and are included in the adopted plan.
53986. The local agency shall give written notice of the adoption
of the plan, and submit copies for delivery, to those state agencies
which may be affected as determined by the State Clearinghouse in the
Office of Planning and Research.
53987. A local agency and a state agency may enter into an
agreement to coordinate the priority or allocation of state funds to
the local agency for state construction projects in order to
implement the financial component of the plan.
53988. On and after the date that an agreement is executed pursuant
to Section 53987, or if a local agency adopts a plan which is
consistent with a priority list adopted by a state agency, or if a
state agency adopts a priority list consistent with a plan adopted by
a local agency, no state agency shall alter, defer, or deny priority
or allocation of state funds or alter, defer, or deny priority or
allocation of state construction, except where necessary for reasons
beyond the control of either agency, including, but not limited to,
environmental complications, a change in the scope of the project, or
insufficient funds.
The provisions of this section shall not apply to the Clean Water
Grant Program, which the federal Environmental Protection Agency has
delegated to the State Water Resources Control Board to administer
pursuant to the Porter-Cologne Water Quality Control Act and the
Federal Clean Water Act, or to public facilities which are not owned
by a local agency or a state agency.
53980. This article shall be known and may be cited as the
"Local-State Financial Coordination Act."
53981. It is the Legislature's intent that local agencies pursue
financing, within the limitations, prescribed by Articles XIII A and
XIII B of the California Constitution, for required public
facilities. In order to protect the health, safety, and welfare of
the people of this state and to effectively plan for future
development, it is essential that all public facilities be provided
in accordance with the coordinated construction schedule to assure
necessary public services to residential, commercial, and industrial
developments.
53982. An action to determine the validity of any resolution,
ordinance, agreement, or method of financing authorized or undertaken
pursuant to this article or Article 18 (commencing with Section
53990) may be brought pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure.
53983. Unless the provision or context otherwise requires, the
definitions contained in this section shall govern the construction
of this article and Article 18 (commencing with Section 53990). The
definition of a word applies to any of its variants. As used in this
article and Article 18 (commencing with Section 53990):
(a) "Legislative body" means the elected or appointed governing
body or authority of a local agency.
(b) "Local agency" means a city, county, city and county, special
district, school district, community college district, county
superintendent of schools, or any other agency of the state formed
for the local performance of governmental or proprietary functions
within limited boundaries.
(c) "Plan" means a plan which specifies the new public facilities
to serve residential, commercial, and industrial developments within
a defined area and the financing and construction schedule of new
public facilities.
(d) "State agency" means any office, department, commission, or
agency of the State of California with authority to approve or
recommend approval of the priority of allocation, or allocations, of
state funds to local agencies or to approve or recommend approval of
the priority or allocation of funds for state construction.
53984. Any local agency may adopt a plan which shall include, but
not be limited to, a component identifying public facilities needed
for development within a defined area and a component describing the
method of financing construction of such public facilities.
53985. It is the specific intent of this article and Article 18
(commencing with Section 53990) to protect the financial integrity of
a plan by assuring continued and timely allocation of state funds to
meet construction of public facilities which are the responsibility
of the state and are included in the adopted plan.
53986. The local agency shall give written notice of the adoption
of the plan, and submit copies for delivery, to those state agencies
which may be affected as determined by the State Clearinghouse in the
Office of Planning and Research.
53987. A local agency and a state agency may enter into an
agreement to coordinate the priority or allocation of state funds to
the local agency for state construction projects in order to
implement the financial component of the plan.
53988. On and after the date that an agreement is executed pursuant
to Section 53987, or if a local agency adopts a plan which is
consistent with a priority list adopted by a state agency, or if a
state agency adopts a priority list consistent with a plan adopted by
a local agency, no state agency shall alter, defer, or deny priority
or allocation of state funds or alter, defer, or deny priority or
allocation of state construction, except where necessary for reasons
beyond the control of either agency, including, but not limited to,
environmental complications, a change in the scope of the project, or
insufficient funds.
The provisions of this section shall not apply to the Clean Water
Grant Program, which the federal Environmental Protection Agency has
delegated to the State Water Resources Control Board to administer
pursuant to the Porter-Cologne Water Quality Control Act and the
Federal Clean Water Act, or to public facilities which are not owned
by a local agency or a state agency.
53980. This article shall be known and may be cited as the
"Local-State Financial Coordination Act."
53981. It is the Legislature's intent that local agencies pursue
financing, within the limitations, prescribed by Articles XIII A and
XIII B of the California Constitution, for required public
facilities. In order to protect the health, safety, and welfare of
the people of this state and to effectively plan for future
development, it is essential that all public facilities be provided
in accordance with the coordinated construction schedule to assure
necessary public services to residential, commercial, and industrial
developments.
53982. An action to determine the validity of any resolution,
ordinance, agreement, or method of financing authorized or undertaken
pursuant to this article or Article 18 (commencing with Section
53990) may be brought pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure.
53983. Unless the provision or context otherwise requires, the
definitions contained in this section shall govern the construction
of this article and Article 18 (commencing with Section 53990). The
definition of a word applies to any of its variants. As used in this
article and Article 18 (commencing with Section 53990):
(a) "Legislative body" means the elected or appointed governing
body or authority of a local agency.
(b) "Local agency" means a city, county, city and county, special
district, school district, community college district, county
superintendent of schools, or any other agency of the state formed
for the local performance of governmental or proprietary functions
within limited boundaries.
(c) "Plan" means a plan which specifies the new public facilities
to serve residential, commercial, and industrial developments within
a defined area and the financing and construction schedule of new
public facilities.
(d) "State agency" means any office, department, commission, or
agency of the State of California with authority to approve or
recommend approval of the priority of allocation, or allocations, of
state funds to local agencies or to approve or recommend approval of
the priority or allocation of funds for state construction.
53984. Any local agency may adopt a plan which shall include, but
not be limited to, a component identifying public facilities needed
for development within a defined area and a component describing the
method of financing construction of such public facilities.
53985. It is the specific intent of this article and Article 18
(commencing with Section 53990) to protect the financial integrity of
a plan by assuring continued and timely allocation of state funds to
meet construction of public facilities which are the responsibility
of the state and are included in the adopted plan.
53986. The local agency shall give written notice of the adoption
of the plan, and submit copies for delivery, to those state agencies
which may be affected as determined by the State Clearinghouse in the
Office of Planning and Research.
53987. A local agency and a state agency may enter into an
agreement to coordinate the priority or allocation of state funds to
the local agency for state construction projects in order to
implement the financial component of the plan.
53988. On and after the date that an agreement is executed pursuant
to Section 53987, or if a local agency adopts a plan which is
consistent with a priority list adopted by a state agency, or if a
state agency adopts a priority list consistent with a plan adopted by
a local agency, no state agency shall alter, defer, or deny priority
or allocation of state funds or alter, defer, or deny priority or
allocation of state construction, except where necessary for reasons
beyond the control of either agency, including, but not limited to,
environmental complications, a change in the scope of the project, or
insufficient funds.
The provisions of this section shall not apply to the Clean Water
Grant Program, which the federal Environmental Protection Agency has
delegated to the State Water Resources Control Board to administer
pursuant to the Porter-Cologne Water Quality Control Act and the
Federal Clean Water Act, or to public facilities which are not owned
by a local agency or a state agency.
