State Codes and Statutes

Statutes > California > Gov > 56824.10-56824.14

GOVERNMENT CODE
SECTION 56824.10-56824.14



56824.10.  Commission proceedings for the exercise of new or
different functions or classes of services or divestiture of the
power to provide particular functions or classes of services, within
all or part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, may be initiated by a
resolution of application in accordance with this article.



56824.12.  (a) A proposal by a special district to provide a new or
different function or class of services or divestiture of the power
to provide particular functions or classes of services, within all or
part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, shall be made by the
adoption of a resolution of application by the legislative body of
the special district and shall include all of the matters specified
for a petition in Section 56700, except paragraph (6) of subdivision
(a) of Section 56700, and be submitted with a plan for services
prepared pursuant to Section 56653. The plan for services for
purposes of this article shall also include all of the following
information:
   (1) The total estimated cost to provide the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (2) The estimated cost of the new or different function or class
of services to customers within the special district's jurisdictional
boundaries. The estimated costs may be identified by customer class.
   (3) An identification of existing providers, if any, of the new or
different function or class of services proposed to be provided and
the potential fiscal impact to the customers of those existing
providers.
   (4) A written summary of whether the new or different function or
class of services or divestiture of the power to provide particular
functions or classes of services, within all or part of the
jurisdictional boundaries of a special district, pursuant to
subdivision (b) of Section 56654, will involve the activation or
divestiture of the power to provide a particular service or services,
service function or functions, or class of service or services.
   (5) A plan for financing the establishment of the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (6) Alternatives for the establishment of the new or different
functions or class of services within the special district's
jurisdictional boundaries.
   (b) The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer. Except as provided in subdivision (c), the
commission shall process resolutions of application adopted pursuant
to this article in accordance with Section 56824.14.
   (c) (1) Prior to submitting a resolution of application pursuant
to this article to the commission, the legislative body of the
special district shall conduct a public hearing on the resolution.
Notice of the hearing shall be published pursuant to Sections 56153
and 56154.
   (2) Any affected local agency, affected county, or any interested
person who wishes to appear at the hearing shall be given an
opportunity to provide oral or written testimony on the resolution.



56824.14.  (a) The commission shall review and approve or disapprove
with or without amendments, wholly, partially, or conditionally,
proposals for the establishment of new or different functions or
class of services, or the divestiture of the power to provide
particular functions or class of services, within all or part of the
jurisdictional boundaries of a special district, after a public
hearing called and held for that purpose. The commission shall not
approve a proposal for the establishment of new or different
functions or class of services within the jurisdictional boundaries
of a special district unless the commission determines that the
special district will have sufficient revenues to carry out the
proposed new or different functions or class of services except as
specified in paragraph (1).
   (1) The commission may approve a proposal for the establishment of
new or different functions or class of services within the
jurisdictional boundaries of a special district where the commission
has determined that the special district 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 special district to provide new or different
functions or class of services shall not be established.
   (2) Unless otherwise required by the principal act of the subject
special district, or unless otherwise required by Section 57075 or
57076, the approval by the commission for establishment of new or
different functions or class of services, or the divestiture of the
power to provide particular functions or class of services, shall not
be subject to an election.
   (b) At least 21 days prior to the date of that hearing, the
executive officer shall give mailed notice of the 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.
   (c) 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.


State Codes and Statutes

Statutes > California > Gov > 56824.10-56824.14

GOVERNMENT CODE
SECTION 56824.10-56824.14



56824.10.  Commission proceedings for the exercise of new or
different functions or classes of services or divestiture of the
power to provide particular functions or classes of services, within
all or part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, may be initiated by a
resolution of application in accordance with this article.



56824.12.  (a) A proposal by a special district to provide a new or
different function or class of services or divestiture of the power
to provide particular functions or classes of services, within all or
part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, shall be made by the
adoption of a resolution of application by the legislative body of
the special district and shall include all of the matters specified
for a petition in Section 56700, except paragraph (6) of subdivision
(a) of Section 56700, and be submitted with a plan for services
prepared pursuant to Section 56653. The plan for services for
purposes of this article shall also include all of the following
information:
   (1) The total estimated cost to provide the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (2) The estimated cost of the new or different function or class
of services to customers within the special district's jurisdictional
boundaries. The estimated costs may be identified by customer class.
   (3) An identification of existing providers, if any, of the new or
different function or class of services proposed to be provided and
the potential fiscal impact to the customers of those existing
providers.
   (4) A written summary of whether the new or different function or
class of services or divestiture of the power to provide particular
functions or classes of services, within all or part of the
jurisdictional boundaries of a special district, pursuant to
subdivision (b) of Section 56654, will involve the activation or
divestiture of the power to provide a particular service or services,
service function or functions, or class of service or services.
   (5) A plan for financing the establishment of the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (6) Alternatives for the establishment of the new or different
functions or class of services within the special district's
jurisdictional boundaries.
   (b) The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer. Except as provided in subdivision (c), the
commission shall process resolutions of application adopted pursuant
to this article in accordance with Section 56824.14.
   (c) (1) Prior to submitting a resolution of application pursuant
to this article to the commission, the legislative body of the
special district shall conduct a public hearing on the resolution.
Notice of the hearing shall be published pursuant to Sections 56153
and 56154.
   (2) Any affected local agency, affected county, or any interested
person who wishes to appear at the hearing shall be given an
opportunity to provide oral or written testimony on the resolution.



56824.14.  (a) The commission shall review and approve or disapprove
with or without amendments, wholly, partially, or conditionally,
proposals for the establishment of new or different functions or
class of services, or the divestiture of the power to provide
particular functions or class of services, within all or part of the
jurisdictional boundaries of a special district, after a public
hearing called and held for that purpose. The commission shall not
approve a proposal for the establishment of new or different
functions or class of services within the jurisdictional boundaries
of a special district unless the commission determines that the
special district will have sufficient revenues to carry out the
proposed new or different functions or class of services except as
specified in paragraph (1).
   (1) The commission may approve a proposal for the establishment of
new or different functions or class of services within the
jurisdictional boundaries of a special district where the commission
has determined that the special district 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 special district to provide new or different
functions or class of services shall not be established.
   (2) Unless otherwise required by the principal act of the subject
special district, or unless otherwise required by Section 57075 or
57076, the approval by the commission for establishment of new or
different functions or class of services, or the divestiture of the
power to provide particular functions or class of services, shall not
be subject to an election.
   (b) At least 21 days prior to the date of that hearing, the
executive officer shall give mailed notice of the 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.
   (c) 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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 56824.10-56824.14

GOVERNMENT CODE
SECTION 56824.10-56824.14



56824.10.  Commission proceedings for the exercise of new or
different functions or classes of services or divestiture of the
power to provide particular functions or classes of services, within
all or part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, may be initiated by a
resolution of application in accordance with this article.



56824.12.  (a) A proposal by a special district to provide a new or
different function or class of services or divestiture of the power
to provide particular functions or classes of services, within all or
part of the jurisdictional boundaries of a special district,
pursuant to subdivision (b) of Section 56654, shall be made by the
adoption of a resolution of application by the legislative body of
the special district and shall include all of the matters specified
for a petition in Section 56700, except paragraph (6) of subdivision
(a) of Section 56700, and be submitted with a plan for services
prepared pursuant to Section 56653. The plan for services for
purposes of this article shall also include all of the following
information:
   (1) The total estimated cost to provide the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (2) The estimated cost of the new or different function or class
of services to customers within the special district's jurisdictional
boundaries. The estimated costs may be identified by customer class.
   (3) An identification of existing providers, if any, of the new or
different function or class of services proposed to be provided and
the potential fiscal impact to the customers of those existing
providers.
   (4) A written summary of whether the new or different function or
class of services or divestiture of the power to provide particular
functions or classes of services, within all or part of the
jurisdictional boundaries of a special district, pursuant to
subdivision (b) of Section 56654, will involve the activation or
divestiture of the power to provide a particular service or services,
service function or functions, or class of service or services.
   (5) A plan for financing the establishment of the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (6) Alternatives for the establishment of the new or different
functions or class of services within the special district's
jurisdictional boundaries.
   (b) The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer. Except as provided in subdivision (c), the
commission shall process resolutions of application adopted pursuant
to this article in accordance with Section 56824.14.
   (c) (1) Prior to submitting a resolution of application pursuant
to this article to the commission, the legislative body of the
special district shall conduct a public hearing on the resolution.
Notice of the hearing shall be published pursuant to Sections 56153
and 56154.
   (2) Any affected local agency, affected county, or any interested
person who wishes to appear at the hearing shall be given an
opportunity to provide oral or written testimony on the resolution.



56824.14.  (a) The commission shall review and approve or disapprove
with or without amendments, wholly, partially, or conditionally,
proposals for the establishment of new or different functions or
class of services, or the divestiture of the power to provide
particular functions or class of services, within all or part of the
jurisdictional boundaries of a special district, after a public
hearing called and held for that purpose. The commission shall not
approve a proposal for the establishment of new or different
functions or class of services within the jurisdictional boundaries
of a special district unless the commission determines that the
special district will have sufficient revenues to carry out the
proposed new or different functions or class of services except as
specified in paragraph (1).
   (1) The commission may approve a proposal for the establishment of
new or different functions or class of services within the
jurisdictional boundaries of a special district where the commission
has determined that the special district 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 special district to provide new or different
functions or class of services shall not be established.
   (2) Unless otherwise required by the principal act of the subject
special district, or unless otherwise required by Section 57075 or
57076, the approval by the commission for establishment of new or
different functions or class of services, or the divestiture of the
power to provide particular functions or class of services, shall not
be subject to an election.
   (b) At least 21 days prior to the date of that hearing, the
executive officer shall give mailed notice of the 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.
   (c) 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.