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Article 1.5. New Or Different Services of California Government Code >> Division 3. >> Title 5. >> Part 3. >> Chapter 5. >> Article 1.5.
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.
(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.
(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.
(a) The commission shall review and approve with or
without amendments, wholly, partially, or conditionally, or
disapprove 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.
(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.
