56134
. (a) (1) For the purposes of this section, "fire protection
contract" means a contract or agreement for the exercise of new or
extended fire protection services outside a public agency's
jurisdictional boundaries, as authorized by Chapter 4 (commencing
with Section 55600) of Part 2 of Division 2 of Title 5 of this code
or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2
of Division 4 of the Public Resources Code, except those contracts
entered into pursuant to Sections 4143 and 4144 of the Public
Resources Code, that does either of the following:
(A) Transfers responsibility for providing services in more than
25 percent of the area within the jurisdictional boundaries of any
public agency affected by the contract or agreement.
(B) Changes the employment status of more than 25 percent of the
employees of any public agency affected by the contract or agreement.
(2) A contract or agreement for the exercise of new or extended
fire protection services outside a public agency's jurisdictional
boundaries, as authorized by Chapter 4 (commencing with Section
55600) of Part 2 of Division 2 of Title 5 of this code or Article 4
(commencing with Section 4141) of Chapter 1 of Part 2 of Division 4
of the Public Resources Code, except those contracts entered into
pursuant to Sections 4143 and 4144 of the Public Resources Code,
that, in combination with other contracts or agreements, would
produce the results described in subparagraph (A) or (B) of paragraph
(1) shall be deemed a fire protection contract for the purposes of
this section.
(3) For the purposes of this section, "jurisdictional boundaries"
shall include the territory or lands protected pursuant to a fire
protection contract entered into on or before December 31, 2015. An
extension of a fire protection contract entered into on or before
December 31, 2015, that would produce the results described in
subparagraph (A) or (B) of paragraph (1) shall be deemed a fire
protection contract for the purposes of this section.
(b) Notwithstanding Section 56133, a public agency may provide new
or extended services pursuant to a fire protection contract only if
it first requests and receives written approval from the commission
in the affected county pursuant to the requirements of this section.
(c) A request by a public agency for commission approval of new or
extended services provided pursuant to a fire protection contract
shall be made by the adoption of a resolution of application as
follows:
(1) In the case of a public agency that is not a state agency, the
application shall be initiated by the adoption of a resolution of
application by the legislative body of the public agency proposing to
provide new or extended services outside the public agency's current
service area.
(2) In the case of a public agency that is a state agency, the
application shall be initiated by the director of the state agency
proposing to provide new or extended services outside the agency's
current service area and be approved by the Director of Finance.
(3) In the case of a public agency that is a local agency
currently under contract with a state agency for the provision of
fire protection services and proposing to provide new or extended
services by the expansion of the existing contract or agreement, the
application shall be initiated by the public agency that is a local
agency and be approved by the Director of Finance.
(d) The legislative body of a public agency or the director of a
state agency shall not submit a resolution of application pursuant to
this section unless both of the following occur:
(1) The public agency does either of the following:
(A) Obtains and submits with the resolution a written agreement
validated and executed by each affected public agency and recognized
employee organization that represents firefighters of the existing
and proposed service providers consenting to the proposed fire
protection contract.
(B) Provides, at least 30 days prior to the hearing held pursuant
to paragraph (2), written notice to each affected public agency and
recognized employee organization that represents firefighters of the
existing and proposed service providers of the proposed fire
protection contract and submits a copy of each written notice with
the resolution of application. The notice shall, at minimum, include
a full copy of the proposed contract.
(2) The public agency conducts an open and public hearing on the
resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5)
or the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as
applicable.
(e) A resolution of application submitted pursuant to this section
shall be submitted with a plan which shall include all of the
following information:
(1) The total estimated cost to provide the new or extended fire
protection services in the affected territory.
(2) The estimated cost of the new or extended fire protection
services to customers in the affected territory.
(3) An identification of existing service providers, if any, of
the new or extended services proposed to be provided and the
potential fiscal impact to the customers of those existing providers.
(4) A plan for financing the exercise of the new or extended fire
protection services in the affected territory.
(5) Alternatives for the exercise of the new or extended fire
protection services in the affected territory.
(6) An enumeration and description of the new or extended fire
protection services proposed to be extended to the affected
territory.
(7) The level and range of new or extended fire protection
services.
(8) An indication of when the new or extended fire protection
services can feasibly be extended to the affected territory.
(9) An indication of any improvements or upgrades to structures,
roads, sewer or water facilities, or other conditions the public
agency would impose or require within the affected territory if the
fire protection contract is completed.
(10) A determination, supported by documentation, that the
proposed fire protection contract meets the criteria established
pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph
(2), as applicable, of subdivision (a).
(f) The applicant shall cause to be prepared by contract an
independent comprehensive fiscal analysis to be submitted with the
application pursuant to this section. The analysis shall review and
document all of the following:
(1) A thorough review of the plan for services submitted by the
public agency pursuant to subdivision (e).
(2) How the costs of the existing service provider compare to the
costs of services provided in service areas with similar populations
and of similar geographic size that provide a similar level and range
of services and make a reasonable determination of the costs
expected to be borne by the public agency providing new or extended
fire protection services.
(3) Any other information and analysis needed to support the
findings required by subdivision (j).
(g) The clerk of the legislative body of a public agency or the
director of a state agency adopting a resolution of application
pursuant to this section shall file a certified copy of the
resolution with the executive officer.
(h) (1) The executive officer, within 30 days of receipt of a
public agency's request for approval of a fire protection contract,
shall determine whether the request is complete and acceptable for
filing or whether the request is incomplete. If a request does not
comply with the requirements of subdivision (d), the executive
officer shall determine that the request is incomplete. If a request
is determined incomplete, the executive officer shall immediately
transmit that determination to the requester, specifying those parts
of the request that are incomplete and the manner in which they can
be made complete. When the request is deemed complete, the executive
officer shall place the request on the agenda of the next commission
meeting for which adequate notice can be given but not more than 90
days from the date that the request is deemed complete.
(2) The commission shall approve, disapprove, or approve with
conditions the contract for new or extended services following the
hearing at the commission meeting, as provided in paragraph (1). If
the contract is disapproved or approved with conditions, the
applicant may request reconsideration, citing the reasons for
reconsideration.
(i) (1) The commission shall not approve an application for
approval of a fire protection contract unless the commission
determines that the public agency will have sufficient revenues to
carry out the exercise of the new or extended fire protection
services outside its current area, except as specified in paragraph
(2).
(2) The commission may approve an application for approval of a
fire protection contract where the commission has determined that the
public agency 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
public agency to provide new or extended fire protection services
shall not be exercised.
(j) The commission shall not approve an application for approval
of a fire protection contract unless the commission determines, based
on the entire record, all of the following:
(1) The proposed exercise of new or extended fire protection
services outside a public agency's current service area is consistent
with the intent of this division, including, but not limited to, the
policies of Sections 56001 and 56300.
(2) The commission has reviewed the comprehensive fiscal analysis
prepared pursuant to subdivision (f).
(3) The commission has reviewed any testimony presented at the
public hearing.
(4) The proposed affected territory is expected to receive
revenues sufficient to provide public services and facilities and a
reasonable reserve during the three fiscal years following the
effective date of the contract or agreement between the public
agencies to provide the new or extended fire protection services.
(k) At least 21 days prior to the date of the hearing, the
executive officer shall give mailed notice of that 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 and shall post the notice of
the hearing on the commission's Internet Web site.
(l) 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.
(m) This section shall not be construed to abrogate a public
agency's obligations under the Meyers-Milias-Brown Act (Chapter 10
(commencing with Section 3500) of Division 4 of Title 1).