Chapter 7. Finance of California Health And Safety Code >> Division 12. >> Part 2.7. >> Chapter 7.
On or before June 30 of each year, a district board shall
adopt a preliminary budget which shall conform to the accounting and
budgeting procedures for special districts contained in Subchapter 3
(commencing with Section 1031.1) of, and Article 1 (commencing with
Section 1121) of Subchapter 4 of, Chapter 2 of Division 2 of Title 2
of the California Code of Regulations.
On or after July 1 of each year, the amounts set forth in
the preliminary budget, except obligations for fixed assets and new
permanent employee positions, are deemed appropriated until the
district board adopts the final budget. If the district board has not
adopted a preliminary budget, the amounts deemed appropriated shall
be based on the budget of the preceding year, excluding fixed assets
and new permanent employee positions.
If the district board determines that the amount of revenue
for the coming fiscal year will be inadequate to meet the amount of
expenditures needed to protect life and property, the preliminary
budget shall propose methods of raising adequate revenues or reducing
(a) On or before June 30 of each year, a district board
shall publish a notice stating all of the following:
(1) That it has adopted a preliminary budget which is available
for inspection at a time and place within the district specified in
(2) The date, time, and place when the board will meet to adopt
the final budget and that any person may appear and be heard
regarding any item in the budget or regarding the addition of other
(b) The notice shall be published pursuant to Section 6061 of the
Government Code in at least one newspaper of general circulation in
the district. The first publication shall be at least two weeks
before the date of the meeting. If there is no newspaper published in
the district, the notice shall be posted in three public places in
the district at least two weeks before the date of the meeting.
At the time and place specified for the meeting, any person
may appear and be heard regarding any item in the budget or regarding
the addition of other items. The hearing on the preliminary budget
may be continued from time to time.
On or before October 1 of each year, after making any
changes in the preliminary budget, the board shall adopt a final
budget. The final budget shall establish its appropriation limit
pursuant to Division 9 (commencing with Section 7900) of Title 1 of
the Government Code. A copy of the final budget shall be forwarded to
the auditor of each county in which the district is located.
The auditor of each county in which a district is located
shall allocate to the district its share of property tax revenue
pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of
Division 1 of the Revenue and Taxation Code.
A district may borrow money and incur indebtedness pursuant
to the authority contained in Article 7 (commencing with Section
53820), Article 7.4 (commencing with Section 53835), Article 7.5
(commencing with Section 53840), Article 7.6 (commencing with Section
53850), and Article 7.7 (commencing with Section 53859), of Chapter
4 of Part 1 of Division 2 of Title 5 of the Government Code.
A district may accept any revenue, money, grants, goods, or
services from any federal, state, regional, or local agency or from
any person for any lawful purpose of the district.
All taxes and assessments levied under this chapter shall be
computed and entered on the county assessment roll and collected at
the same time and in the same manner as other county taxes. When
collected, the taxes and assessments shall be paid into the county
treasury for the use of the district. Except as provided in Section
13854, the county may deduct its costs for this service pursuant to
Section 29142 of the Government Code.
At any regular meeting or properly noticed special meeting,
a district board by two-thirds majority vote of the total membership
of the district board may make available for appropriation any of the
(a) Balances in appropriations for contingencies, including
accretions from cancellations of appropriations.
(b) Designations and reserves no longer required for the purpose
for which intended, excluding the general reserve, balance sheet
reserves, and reserve for encumbrances.
(c) Amounts which are either in excess of anticipated amounts or
not specifically set forth in the budget derived from any or
anticipated increases in available financing.
If it finds that an emergency affects the ability of a
district to furnish adequate fire protection services, rescue
services, emergency medical services, hazardous material emergency
response services, ambulance services, or other services relating to
the protection of lives and property, a district board, by resolution
adopted by a two-thirds vote of the total membership of the district
board, may provide the moneys which have been received but not
specifically set forth as revenue in the adopted final budget be made
available for appropriation and expenditure during the current
(a) A district board may establish a reserve for capital
outlays and shall declare the purposes for which the reserve is to be
(b) At any time, the district board may transfer to its reserve
for capital outlays any unencumbered surplus reserve remaining at the
end of a fiscal year.
(c) A capital outlay reserve shall be used only for the purposes
specified by the district board. However, if a district board finds
at the time it adopts its final budget that the reserve is no longer
required, it may, by unanimous vote, discontinue the reserve or
transfer any balance to the district's general fund.
(a) All claims for money or damages against a district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
(b) Claims against a district shall be audited, allowed, and paid
by order of the district board.
(c) As an alternative to subdivision (b), a district board may
instruct the county auditor to audit, allow, and draw his or her
warrant on the county treasurer for all legal claims presented to him
or her and authorized by the district board.
(d) The warrants shall be paid in the order in which they are
If a warrant is presented to the district treasurer for
payment and the treasurer cannot pay it for want of funds in the
account on which it is drawn, the treasurer shall endorse the warrant
"NOT PAID BECAUSE OF INSUFFICIENT FUNDS" and sign his or her name
and indicate the date and time the warrant was presented. From that
time until it is paid, the warrant bears interest at the maximum rate
permitted pursuant to Article 7 (commencing with Section 53530) of
Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code.
Notwithstanding Section 13903, a district board may adopt a
resolution ordering the establishment of a petty cash fund to pay
small bills directly. The resolution shall designate all of the
(a) The maximum amount of the fund, not to exceed five hundred
(b) The purposes for which the fund may be spent.
(c) The officer or employee who is authorized to spend the fund
and who will account for it.
(d) The officer or employee who is authorized to draw a warrant on
the district treasury to establish the fund and who is authorized to
draw additional warrants to reimburse the fund. Each warrant drawn
to reimburse the fund shall contain an itemized account of
(a) A district may acquire any necessary property by
purchase or purchase on contract with money borrowed pursuant to this
(b) The amount of indebtedness to be incurred shall not exceed an
amount equal to three times the actual income from property taxes
received pursuant to Section 13896 for the fiscal year preceding the
year in which the indebtedness is incurred. Any indebtedness shall be
repaid within 10 years from the date on which it is incurred. An
indebtedness shall bear interest at a rate which shall not exceed the
rate permitted under Article 7 (commencing with Section 53530) of
Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code.
(c) An indebtedness shall be authorized by resolution adopted by a
two-thirds majority vote of the total membership of the district