Section 54253 Of Article 10. The Local Government Privatization Act Of 1985 From California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 5. >> Article 10.
54253
. No proposed franchise, license, or service agreement for a
privatization project pursuant to this article shall be entered into
between a local agency and a privatizer unless and until all of the
following occur:
(a) The local agency has selected the privatizer through a
competitive procedure which is not based solely on the price offered
by the privatizer.
(b) The local agency has evaluated the project's design, capacity,
financial feasibility, and cost compared with other conventional
financing methods, as well as other alternatives to the project and
found that the project's costs will be equal to, or lower than,
conventional financing.
(c) The local agency has conducted a noticed public hearing on the
proposed franchise, license, or service agreement. The notice for
the public hearing shall be published pursuant to Section 6062 and
shall contain, at a minimum, all of the following:
(1) A statement describing the proposed privatization project,
including its cost and service area.
(2) A statement of the time and place of the public hearing to be
held for the purpose of hearing public comments on the proposed
franchise, license, or service agreement for the privatization
project.
(3) A statement of where and when the proposed franchise, license,
or service agreement will be available for public inspection prior
to the hearing.
(d) The local agency has adopted the contingent franchise,
license, or service agreement for a privatization project by
ordinance which states that it is subject to the provisions for
referendum applicable to a local agency and to approval by the
commission pursuant to Section 10013 of the Public Utilities Code.
(e) The local agency retains ownership over any treated effluent
from the privatization project that is not consigned to an outfall
sewer but is made available for commercial or agricultural use.
(f) The agreement contains provisions stating it shall be subject
to the state's prevailing wage laws.
(g) The local agency has met and conferred with all affected
employee organizations under whose jurisdiction the work or service
proposed under the franchise, license, or service agreement would
normally be performed. The local agency shall make all reasonable
efforts to avoid reducing its existing work force or demoting its
existing employees as a result of entering into the franchise,
license, or service agreement. If any adverse impacts which are
raised by either party during the meet and confer process are
necessary, the local agency shall adopt by resolution detailed
findings explaining the necessity for the adverse impacts.
(h) The local agency finds that the privatizer has the expertise
to ensure the continued operation and maintenance of the
privatization project. This expertise shall include, but not be
limited to, an adequate number of personnel certified in wastewater
treatment plant operations pursuant to Chapter 9 (commencing with
Section 13625) of Division 7 of the Water Code.
(i) The agreement contains provisions to ensure that the
privatization project is operated to meet any applicable federal or
state water quality standards or other laws.