Government Code — Part 71 | GOV — United States — California law | Esheria

Government Code

Part 71 of 107 · provisions 14,001–14,200

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 56152.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If notice must be given and no one else is specifically assigned that duty, the clerk or executive officer must give the notice or make sure it is given.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56152. Whenever any notice is required to be given and the duty of giving that notice is not specifically enjoined upon some officer, agency, or person, the clerk or executive officer, as the case may be, shall give notice or cause that notice to be given. (Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  2. 56153.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Required notice must be published in qualifying newspapers of general circulation within each affected county, city, or district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56153. Notice required to be published shall be published pursuant to Section 6061 in one or more newspapers of general circulation within each affected county, affected city, or affected district. If any newspaper is a newspaper of general circulation in two or more affected cities or affected districts, publication in that newspaper shall be sufficient publication for all those affected cities or affected districts. If there are two or more affected counties, publication shall be made in at least one newspaper of general circulation in each of the affected counties. (Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  3. 56154.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If the notice is for a hearing, publication must start at least 21 days before the hearing date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56154. If the published notice is a notice of a hearing, publication of the notice shall be commenced at least 21 days prior to the date specified in the notice for the hearing. (Amended by Stats. 2000, Ch. 761, Sec. 50. Effective January 1, 2001.)
  4. 56155.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Mailed notice must be sent first class by U.S. mail with postage prepaid, unless this division provides otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56155. Except as otherwise provided in this division, mailed notice shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when so deposited. (Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  5. 56156.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If mailed notice is a hearing notice, it must be mailed at least 21 days before the hearing date stated in the notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56156. If the mailed notice is notice of a hearing, the notice shall be mailed at least 21 days prior to the date specified in the notice for hearing. (Amended by Stats. 2000, Ch. 761, Sec. 51. Effective January 1, 2001.)
  6. 56157.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section says where mailed notice must be addressed for different recipients, and sets timing and alternative posting or publication rules for certain hearings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56157. When mailed notice is required to be given to: (a) A county, city, or district, it shall be addressed to the clerk of the county, city, or district. (b) A commission, it shall be addressed to the executive officer. (c) Proponents, it shall be addressed to the persons so designated in the petition at the address specified in the petition. (d) Landowners within the affected territory, it shall be addressed to each person to whom land is assessed, as shown upon the most recent assessment roll being prepared by the county at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the executive officer pursuant to subdivision (a) of Section 56700.4, at the address shown upon the assessment roll and, in the case of commission proceedings as defined in Section 56028, to all landowners within 300 feet of the exterior boundary of the property that is the subject of the hearing, at least 21 days prior to the hearing. This requirement may be waived if proof satisfactory to the commission is presented that shows that individual notices to landowners have already been provided by the initiating agency. Notice also shall be either posted or published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the affected territory 21 days prior to the hearing. (e) Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice with the executive officer or clerk at the mailing address specified in the request. (f) Registered voters within the affected territory, to the address as shown on the most recent index of affidavits prepared by the county elections official at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the executive officer pursuant to subdivision (a) of Section 56700.4 and, in the case of commission proceedings as defined in Section 56028, to all registered voters within 300 feet of the exterior boundary of the property that is the subject of the hearing, at least 21 days prior to the hearing. This requirement may be waived if proof satisfactory to the commission is presented that shows that individual notices to registered voters have already been provided by the initiating agency. Notice shall also either be posted or published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the affected territory 21 days prior to the hearing. (g) Pursuant to subdivisions (d) and (f), if a landowner or landowners and registered voter or voters are the same individual or individuals, only one notice is required to be mailed. (h) If the total number of notices required to be mailed in accordance with subdivisions (d) and (f) exceeds 1,000, then notice may instead be provided by publishing a display advertisement of at least one-eighth page in a newspaper, as specified in Section 56153, at least 21 days prior to the hearing. (Amended by Stats. 2018, Ch. 86, Sec. 5. (AB 3254) Effective January 1, 2019.)
  7. 56158.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Required meeting notices must be posted on or near the doors of the meeting room or on an official bulletin board used for public notices.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56158. Notice required to be posted shall be posted on or near the doors of the meeting room of the legislative body or commission or upon any official bulletin board used for the purpose of posting public notices by, or pertaining to, the legislative body or commission. (Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  8. 56159.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    A posted notice must stay posted for at least five days. If the notice is for a hearing, posting must start at least 21 days before the hearing date and continue until the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56159. Posted notice shall remain posted for not less than five days. If the posted notice is notice of a hearing, posting shall be commenced at least 21 days prior to the date specified in the notice for hearing and shall continue to the time of the hearing. (Amended by Stats. 2000, Ch. 761, Sec. 53. Effective January 1, 2001.)
  9. 56160.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If someone does not receive notice under this division, that alone is not a basis for a court to invalidate the action.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 1. GENERAL [56000 - 56160] ( Part 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Notice [56150 - 56160] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56160. The failure of any person or entity to receive notice given pursuant to this division shall not constitute grounds for any court to invalidate any action taken for which the notice was given. (Added by Stats. 1986, Ch. 1019, Sec. 19.)
  10. 56300.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [56300 - 56301] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Each commission must adopt written policies and procedures, follow them when exercising its powers, and provide public access to commission notices and information online.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [56300 - 56301] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56300. (a) Each commission shall establish written policies and procedures and exercise its powers pursuant to this part in a manner consistent with those policies and procedures and that encourages and provides planned, well-ordered, efficient urban development patterns with appropriate consideration of preserving open-space and agricultural lands within those patterns. (b) Each commission with a proposal pending on January 1, 2001, shall, by March 31, 2001, hold a public hearing to discuss the adoption of policies and procedures to require the disclosure of contributions, expenditures, and independent expenditures authorized by Section 56100.1. Reporting requirements adopted pursuant to this section shall be effective upon the date of adoption or a later date specified in the resolution. Any commission that does not have a proposal pending on January 1, 2001, shall hold a public hearing to discuss the adoption of those policies and procedures within 90 days of submission of a proposal or at any time prior to submission of a proposal. Once a hearing has taken place under this subdivision, no subsequent hearing shall be required except by petition of 100 or more registered voters residing in the county in which the commission is located. (c) A commission may require, through the adoption of written policies and procedures, lobbying disclosure and reporting requirements for persons who attempt to influence pending decisions by commission members, staff, or consultants. Disclosure shall be made either to the commission’s executive officer, in which case it shall be posted on the commission’s internet website, if applicable, or to the recorder, registrar of voters, or clerk of the board of supervisors of the county in which the commission is located. Each commission that on January 1, 2001, has a pending proposal, as defined in Section 56069 shall, by March 31, 2001, hold a public hearing to discuss the adoption of policies and procedures governing lobbying disclosure authorized by this subdivision. Reporting requirements adopted pursuant to this section shall be effective upon the date of adoption or on a later date specified in the resolution. Any commission that does not have a proposal pending on January 1, 2001, shall hold a public hearing to discuss the adoption of those policies and procedures within 90 days of submission of a proposal, or at any time prior to submission of a proposal. (d) Any public hearings required by this section may be held concurrently. (e) The written policies and procedures adopted by the commission shall include forms to be used for various submittals to the commission including at a minimum a form for any protests to be filed with the commission and any forms necessary for a complete application to the commission concerning any proposed change of organization or reorganization. (f) (1) Each commission shall establish and maintain, or otherwise provide access to notices, written policies and procedures, and other commission information for the public through an internet website. (2) The written policies and procedures adopted by the commission shall require that notice of all public hearings, commission meetings, and any forms necessary for a complete application for a change of organization or reorganization shall be made available in electronic format on the commission’s internet website. (Amended by Stats. 2025, Ch. 518, Sec. 1. (SB 489) Effective January 1, 2026.)
  11. 56301.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [56300 - 56301] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission must study local agency development and, when a new government entity is proposed, determine whether existing agencies can provide the needed services more efficiently and accountably.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [56300 - 56301] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56301. Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient provision of government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. One of the objects of the commission is to make studies and to obtain and furnish information which will contribute to the logical and reasonable development of local agencies in each county and to shape the development of local agencies so as to advantageously provide for the present and future needs of each county and its communities. When the formation of a new government entity is proposed, a commission shall make a determination as to whether existing agencies can feasibly provide the needed service or services in a more efficient and accountable manner. If a new single-purpose agency is deemed necessary, the commission shall consider reorganization with other single-purpose agencies that provide related services. (Amended by Stats. 2016, Ch. 165, Sec. 2. (AB 2910) Effective January 1, 2017.)
  12. 56325.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section keeps a local agency formation commission in existence in each county and sets out how its members and alternate members are appointed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56325. There is hereby continued in existence in each county a local agency formation commission. Except as otherwise provided in this chapter, the commission shall consist of members appointed as follows: (a) Two appointed by the board of supervisors from their own membership. The board of supervisors shall appoint a third supervisor who shall be an alternate member of the commission. The alternate member may serve and vote in place of any supervisor on the commission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of a regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) Two appointed by the cities in the county, each of whom shall be a mayor or council member, appointed by the city selection committee. The city selection committee shall also appoint one alternate member who shall also be a mayor or council member and shall be appointed and serve pursuant to Section 56335. The city selection committee is encouraged to appoint members to fairly represent the diversity of the cities in the county, with respect to population and geography. (c) Two presiding officers or members of legislative bodies of independent special districts appointed by the independent special district selection committee pursuant to Section 56332. The independent special district selection committee shall also appoint a presiding officer or member of the legislative body of an independent special district as an alternate member who shall be appointed and serve pursuant to Section 56332. The independent special district selection committee is encouraged to make appointments that fairly represent the diversity of the independent special districts in the county, with respect to population and geography. (d) One representing the general public appointed by the other members of the commission. The other members of the commission may also appoint one alternate member who shall serve pursuant to Section 56331. Appointment of the public member and alternate public member shall be subject to the affirmative vote of at least one of the members appointed by each of the other appointing authorities. Whenever a vacancy occurs in the public member or alternate public member position, the commission shall cause a notice of vacancy to be posted as provided in Section 56158. A copy of this notice shall be sent to the clerk or secretary of the legislative body of each local agency within the county. Final appointment to fill the vacancy may not be made for at least 21 days after the posting of the notice. (Amended by Stats. 2015, Ch. 114, Sec. 2. (AB 1532) Effective January 1, 2016.)
  13. 56326.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets how the Los Angeles County commission is made up and who appoints each member and alternate.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56326. In Los Angeles County, the commission shall consist of nine members, appointed as follows: (a) Two appointed by the board of supervisors from its own membership. The board of supervisors shall also appoint a third supervisor who shall be an alternate member of the commission. The alternate member may serve and vote in place of any supervisor on the commission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) One appointed by the board of supervisors, who shall not be a member of the board of supervisors but who shall be a resident of the San Fernando Valley Statistical Area, as defined in subdivision (c) of Section 11093. The board of supervisors shall also appoint an alternate member who shall not be a member of the board of supervisors but who is a resident of the San Fernando Valley Statistical Area. The alternate member may serve and vote in place of the member appointed pursuant to this subdivision if that member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular member becomes vacant, the alternate member may serve and vote in place of the former regular member until the appointment and qualification of a regular member to fill the vacancy. (c) Two appointed by the cities in the county, each of whom shall be a mayor or council member, appointed by the city selection committee. The city selection committee shall also appoint one alternate member who shall also be a mayor or council member and shall be appointed and serve pursuant to Section 56335. The city selection committee is encouraged to appoint members to fairly represent the diversity of the cities in the county, with respect to population and geography. (d) One appointed by the presiding officer of the legislative body of a city in the county having a population in excess of 30 percent of the total population of the county who is a member of the legislative body of the city. The presiding officer of the legislative body shall also appoint an alternate member who is a member of the legislative body. The alternate member may serve and vote in place of the member appointed pursuant to this subdivision if the member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular member becomes vacant, the alternate member may serve and vote in place of the former regular member until the appointment and qualification of a regular member to fill the vacancy. (e) Two presiding officers or members of legislative bodies of independent special districts appointed by the independent special district selection committee pursuant to Section 56332. The independent special district selection committee shall also appoint one alternate member who shall be a presiding officer or member of the legislative body of an independent special district and shall be appointed and serve pursuant to Section 56332. The independent special district selection committee is encouraged to appoint members to fairly represent the diversity of the independent special districts in the county, with respect to population and geography. (f) One representing the general public appointed by the other members of the commission. The other members of the commission may also appoint one alternate member who shall serve pursuant to Section 56331. (Amended by Stats. 2015, Ch. 114, Sec. 3. (AB 1532) Effective January 1, 2016.)
  14. 56326.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    In Sacramento County, the law sets how the seven-member commission is filled and when alternate members may serve and vote.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56326.5. In Sacramento County, the commission shall consist of seven members, appointed as follows: (a) Two appointed by the board of supervisors from their own membership. The board of supervisors shall appoint a third supervisor who shall serve as an alternate member of the commission. The alternate member may serve and vote in place of any supervisor on the commission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) One appointed by the City of Sacramento who is a member of the city council, appointed by the mayor and confirmed by the city council. The mayor shall also appoint, subject to confirmation by the council, an alternate member who is a member of the city council. The alternate member may serve and vote in place of the regular city member if the city member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular city member becomes vacant, the alternate member may serve and vote in place of the former regular city member until the appointment and qualification of a regular city member to fill the vacancy. (c) One appointed by the cities in the county, who is a mayor or council member appointed by the city selection committee. The city selection committee shall also appoint one alternate member who shall also be a mayor or council member and shall be appointed and serve pursuant to Section 56335. The city selection committee is encouraged to appoint members to fairly represent the diversity of the cities in the county, with respect to population and geography. (d) Two presiding officers or members of legislative bodies of independent special districts appointed by the independent special district selection committee pursuant to Section 56332. The independent special district selection committee shall also appoint one alternate member who shall be a presiding officer or member of the legislative body of an independent special district and shall be appointed and serve pursuant to Section 56332. The independent special district selection committee is encouraged to appoint members to fairly represent the diversity of the independent special districts in the county, with respect to population and geography. (e) One representing the general public, appointed by the other six members of the commission. The commission may also appoint an alternate public member who may serve and vote in the place of the regular public member if the regular public member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy. (Amended by Stats. 2015, Ch. 114, Sec. 4. (AB 1532) Effective January 1, 2016.)
  15. 56327.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets out how Santa Clara County’s commission is composed and who appoints each member and alternate.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56327. In Santa Clara County, the commission shall consist of five members, appointed as follows: (a) Two appointed by the board of supervisors from their own membership. The board of supervisors shall appoint a third supervisor who shall serve as an alternate member of the commission. The alternate member may serve and vote in place of any supervisor on the commission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) One appointed by the city in the county having the largest population, who is a member of the legislative body of the city, appointed by the city council. The city council shall also appoint an alternate member who is a member of the legislative body of the city. The alternate member may serve and vote in place of the regular city member if the city member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular city member becomes vacant, the alternate member may serve and vote in place of the former regular city member until the appointment and qualification of a regular city member to fill the vacancy. (c) One appointed by the cities in the county, who is a mayor or council member appointed by the city selection committee. The city selection committee shall also appoint one alternate member who shall also be a mayor or council member and shall be appointed and serve pursuant to Section 56335. The city selection committee is encouraged to appoint members to fairly represent the diversity of the cities in the county, with respect to population and geography. (d) One representing the general public, appointed by the other four, or, if the commission is enlarged pursuant to Section 56327.3, the other six, members of the commission. This member shall not be a resident of a city which is already represented on the commission. The commission may also appoint an alternate public member, who shall not be a resident of a city represented on the commission, and who may serve and vote in the place of the regular public member if the regular public member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy. (Amended by Stats. 2015, Ch. 114, Sec. 5. (AB 1532) Effective January 1, 2016.)
  16. 56327.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    In Santa Clara County, the commission must be enlarged by two members when it orders representation of special districts on the commission under Chapter 5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56327.3. In Santa Clara County, the commission shall be enlarged by two members if, pursuant to the provisions of Chapter 5 (commencing with Section 56821), the commission orders representation of special districts upon the commission. (Amended by Stats. 2015, Ch. 114, Sec. 6. (AB 1532) Effective January 1, 2016.)
  17. 56328.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    In San Diego County, the city with the largest population’s legislative body must appoint an eighth commission member and an alternate member.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56328. (a) In San Diego County, the commission, which consists of seven members, augmented pursuant to Section 56332, shall be additionally augmented by the appointment of an eighth member and that member shall, notwithstanding subdivision (b) of Section 56325, be a member of the legislative body of the city in the county having the largest population, appointed by the legislative body of that city. (b) The legislative body of the city shall appoint an alternate member at the same time and in the same manner as it appoints the regular member appointed pursuant to subdivision (a). If the regular city member is absent from a commission meeting, or disqualifies himself or herself from participating in a meeting, the alternate member may serve and vote in place of the regular city member for that meeting. If the office of the regular city member becomes vacant, the alternate member may serve and vote in place of the former regular city member until the appointment and qualification of a regular city member to fill the vacancy. (Amended by Stats. 2000, Ch. 761, Sec. 61. Effective January 1, 2001.)
  18. 56328.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    In Kern County, the commission gets an eighth and ninth member, and specific bodies must make those appointments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56328.5. (a) In Kern County, the commission, which consists of seven members, augmented pursuant to Section 56332, shall be additionally augmented by the appointment of an eighth member and a ninth member. (b) The eighth member shall, notwithstanding subdivision (b) of Section 56325, be a member of the legislative body of the city in the county having the largest population, appointed by the legislative body of that city. The legislative body of the city shall appoint an alternate member at the same time and in the same manner as it appoints the eighth regular member. If the regular city member is absent from a commission meeting, or disqualifies himself or herself from participating in a meeting, the alternate member may serve and vote in place of the regular city member for that meeting. If the office of the regular city member becomes vacant, the alternate member may serve and vote in place of the former regular city member until the appointment and qualification of a regular city member to fill the vacancy. (c) The ninth member shall represent the general public, but shall not be a member of the governing body of any local agency. The ninth member shall be appointed by the four members of the commission appointed by the county supervisors and the independent special district selection committee. Those commission members may also appoint an alternate public member, who is not a member of the governing body of any local agency, who may serve and vote in the place of the regular public member appointed pursuant to this subdivision if that regular public member is absent or disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular public member appointed pursuant to this subdivision becomes vacant, the alternate member may serve and vote in place of that former regular public member until the appointment and qualification of a regular public member pursuant to this subdivision to fill the vacancy. (Added by Stats. 2005, Ch. 559, Sec. 1. Effective January 1, 2006.)
  19. 56329.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If there is no city in the county, the commission must have five members, with three supervisors appointed from the board’s own membership and two public members appointed by the other commission members.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56329. If there is no city in the county, the commission shall consist of five members, appointed as follows which may be further augmented pursuant to Sections 56332 and 56332.5: (a) Three appointed by the board of supervisors from their own membership. The board of supervisors shall appoint a fourth supervisor who is an alternate member of the commission. The alternate member may serve and vote in place of any supervisor on the commission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of a regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) Two representing the general public appointed by the other three members of the commission. Appointment of the public member and alternate public member shall be subject to the affirmative vote of at least one of the members selected by each of the other appointing authorities. (Amended by Stats. 2015, Ch. 114, Sec. 7. (AB 1532) Effective January 1, 2016.)
  20. 56331.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission may appoint one alternate public member, and the public member and alternate must live in the county of the appointing commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56331. When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate public member who may serve and vote in place of a regular public member who is absent or who disqualifies himself or herself from participating in a meeting of the commission. The public member and the alternate public member shall be residents of the county of the appointing commission. If the office of a regular public member becomes vacant, the alternate member may serve and vote in place of the former regular public member until the appointment and qualification of a regular public member to fill the vacancy. No person appointed as a public member or alternate public member pursuant to this chapter shall be an officer or employee of the county or any city or district with territory in the county, provided, however, that any officer or employee serving on January 1, 1994, may complete the term for which he or she was appointed. (Amended by Stats. 2016, Ch. 165, Sec. 3. (AB 2910) Effective January 1, 2017.)
  21. 56331.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    An authorized alternate member may vote only once when two or more commission members are absent or disqualify themselves from a meeting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56331.3. If two or more members are absent or disqualify themselves from participating in a meeting of the commission, any alternate member who is authorized to serve and vote in the place of a member shall only have one vote. (Added by Stats. 1987, Ch. 1327, Sec. 4.)
  22. 56331.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Commission members must use their own judgment in the public interest, and members appointed for local governments must represent the public as a whole rather than only the appointing authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56331.4. While serving on the commission, all commission members shall exercise their independent judgment on behalf of the interests of residents, property owners, and the public as a whole in furthering the purposes of this division. Any member appointed on behalf of local governments shall represent the interests of the public as a whole and not solely the interests of the appointing authority. This section does not require the abstention of any member on any matter, nor does it create a right of action in any person. (Added by renumbering Section 56325.1 by Stats. 2021, Ch. 31, Sec. 5. (AB 1581) Effective January 1, 2022.)
  23. 56332.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets out how the independent special district selection committee is formed and how its nominations and elections are handled.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56332. (a) The independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district. However, if the presiding officer of an independent special district is unable to participate in a meeting or election of the independent special district selection committee, the legislative body of the district may appoint one of its members as an alternate to participate in the selection committee in the presiding officer’s place. Those districts shall include districts located wholly within the county and those containing territory within the county representing 50 percent or more of the assessed value of taxable property of the district, as shown on the last equalized county assessment roll. Each member of the committee shall be entitled to one vote for each independent special district of which he or she is the presiding officer or his or her alternate as designated by the governing body. Members representing a majority of the eligible districts shall constitute a quorum. (b) The executive officer shall call and give written notice of all meetings of the members of the selection committee. A meeting shall be called and held under one of the following circumstances: (1) Whenever the executive officer anticipates that a vacancy will occur within the next 90 days among the members or alternate member representing independent special districts on the commission. (2) Whenever a vacancy exists among the members or alternate member representing independent special districts upon the commission. (3) Upon receipt of a written request by one or more members of the selection committee representing districts having 10 percent or more of the assessed value of taxable property within the county, as shown on the last equalized county assessment roll. (4) Upon the adoption of a resolution of intention pursuant to Section 56332.5. (5) Upon receipt of a written request by one or more members of the selection committee notifying the executive officer of the need to appoint a member representing independent special districts on an oversight board pursuant to paragraph (3) of subdivision (j) of Section 34179 of the Health and Safety Code. (c) The selection committee shall appoint two regular members and one alternate member to the commission. The members so appointed shall be elected or appointed members of the legislative body of an independent special district residing within the county but shall not be members of the legislative body of a city or county. If one of the regular district members is absent from a commission meeting or disqualifies himself or herself from participating in a meeting, the alternate district member may serve and vote in place of the regular district member for that meeting. Service on the commission by a regular district member shall not disqualify, or be cause for disqualification of, the member from acting on proposals affecting the special district on whose legislative body the member serves. The special district selection committee may, at the time it appoints a member or alternate, provide that the member or alternate is disqualified from voting on proposals affecting the district on whose legislative body the member serves. (1) The executive officer may prepare and deliver a call for nominations to each eligible district. The presiding officer, or his or her alternate as designated by the governing body, may respond in writing by the date specified in the call for nominations, which date shall be at least 30 days from the date on which the executive officer mailed the call for nominations to the eligible district. (2) At the end of the nominating period, if only one candidate is nominated for a vacant seat, that candidate shall be deemed appointed. This paragraph shall be operative only if the written notice of the meeting provided pursuant to subdivision (b) discloses that, if nominations are received for only one candidate by the end of the nominating period, the candidate shall be deemed appointed and the meeting may be cancelled. (d) If the office of a regular district member becomes vacant, the alternate member may serve and vote in place of the former regular district member until the appointment and qualification of a regular district member to fill the vacancy. (e) A majority of the independent special district selection committee may determine to conduct the committee’s business by mail, including holding all elections by mailed ballot, pursuant to subdivision (f). (f) If the independent special district selection committee has determined to conduct the committee’s business by mail or if the executive officer determines that a meeting of the special district selection committee is not feasible, the executive officer shall conduct the business of the committee by mail. Elections by mail shall be conducted as provided in this subdivision. (1) The executive officer shall prepare and deliver a call for nominations to each eligible district. The presiding officer, or his or her alternate as designated by the governing body, may respond in writing by the date specified in the call for nominations, which date shall be at least 30 days from the date on which the executive officer mailed the call for nominations to the eligible district. (2) At the end of the nominating period, if only one candidate is nominated for a vacant seat, that candidate shall be deemed appointed. If two or more candidates are nominated, the executive officer shall prepare and deliver one ballot and voting instructions to each eligible district. The ballot shall include the names of all nominees and the office for which each was nominated. Each presiding officer, or his or her alternate as designated by the governing body, shall return the ballot to the executive officer by the date specified in the voting instructions, which date shall be at least 30 days from the date on which the executive officer mailed the ballot to the eligible district. (3) The call for nominations, ballots, and voting instructions shall be delivered by certified mail to each eligible district. As an alternative to the delivery by certified mail, the executive officer may transmit materials by electronic mail. All notices and election materials shall be addressed to the presiding officer, care of the clerk of the district. (4) Nominations and ballots may be returned to the executive officer by electronic mail. (5) Each returned nomination and ballot shall be signed by the presiding officer or his or her alternate as designated by the governing body of the eligible district. (6) For an election to be valid, at least a quorum of the special districts must submit valid ballots. The candidate receiving the most votes shall be elected, unless another procedure has been adopted by the selection committee. Any nomination and ballot received by the executive officer after the date specified is invalid, provided, however, that if a quorum of ballots is not received by that date, the executive officer shall extend the date to submit ballots by 60 days and notify all districts of the extension. If ballots from a quorum of the districts have not been received at the end of the 60-day extension period, the executive officer shall extend the period to return ballots for a length of time at his or her discretion until a quorum is achieved, unless another procedure has been adopted by the selection committee. The executive officer shall announce the results of the election within seven days of the date specified. (7) For a vote on special district representation to be valid, at least a quorum of the special districts must submit valid ballots to the executive officer by the date specified in the voting instructions, which date shall be at least 30 days from the date on which the executive officer mailed the ballot to the eligible district. If ballots from a quorum of the districts have not been received at the end of the 60-day extension period, the executive officer shall extend the period to return ballots for a length of time at his or her discretion until a quorum is achieved, unless another procedure has been adopted by the selection committee. By majority vote of those district representatives voting on the issue, the selection committee shall either accept or deny representation. The executive officer shall announce the results of the election within seven days of the date specified. (8) All election materials shall be retained by the executive officer for a period of at least six months after the announcement of the election results. (g) For purposes of this section, “executive officer” means the executive officer or designee as authorized by the commission. (Amended by Stats. 2018, Ch. 86, Sec. 6. (AB 3254) Effective January 1, 2019.)
  24. 56332.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If the commission lacks independent special district representation by January 1, 2001, it must start proceedings when triggered by a qualifying request or by its own resolution. It must then adopt a resolution of intention and arrange notice of a committee meeting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56332.5. (a) If the commission does not have representation from independent special districts on or before January 1, 2001, the commission shall initiate proceedings for representation of independent special districts upon the commission if either of the following occur: (1) Upon receipt of a written request by one or more members of the selection committee representing districts having 10 percent or more of the assessed value of taxable property within the county, as shown on the last equalized county assessment roll. (2) Upon adoption of a resolution by the commission proposing representation of special districts upon the commission. (b) The commission, at its next regular meeting, shall adopt a resolution of intention. The resolution of intention shall state whether the proceedings are initiated by the commission or by an independent special district or districts, in which case, the names of those districts shall be set forth. The commission shall order the executive officer to call and give notice of a meeting of the independent special district selection committee to be held within 15 days after the adoption of the resolution in order to determine whether independent special districts shall accept representation on the commission and appoint independent special district representation pursuant to Section 56332. (Amended by Stats. 2017, Ch. 203, Sec. 2. (AB 979) Effective January 1, 2018.)
  25. 56333.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If a commission is enlarged to seven members, the public members must be appointed by the commission members representing cities, counties, and special districts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56333. When a commission is enlarged to seven members as provided in Section 56332, the public members appointed pursuant to Sections 56325 and 56329 shall thereafter be appointed by members of the commission representing cities, counties, and special districts. Those appointments shall be made at the times and in the manner provided in Section 56334. (Amended by Stats. 2001, Ch. 388, Sec. 6. Effective January 1, 2002.)
  26. 56334.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Commission members serve four-year terms, vacancies are filled by the original appointing body, the chairperson is selected by the members, and the commission may authorize per diem payments and reimbursement of reasonable expenses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56334. The term of office of each member shall be four years and until the appointment and qualification of his or her successor. Upon enlargement of the commission by two members, as provided in Section 56332, the new members first appointed to represent independent special districts shall classify themselves by lot so that the expiration date of the term of office of one new member coincides with the existing member who holds the office represented by the original two-year term on the commission and the term of office of the other new member coincides with the existing member who holds the office represented by the original four-year term on the commission. The body which originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. Any member may be removed at any time and without cause by the body appointing that member. The expiration date of the term of office of each member shall be the first Monday in May in the year in which the term of the member expires, unless procedures adopted by the commission specify an alternate date to apply uniformly to all members. However, the length of a term of office shall not be extended more than once. Any vacancy in the membership of the commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vacant. The chairperson of the commission shall be selected by the members of the commission. Commission members and alternates shall be reimbursed for the actual amount of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office. The commission may authorize payment of a per diem to commission members and alternates for each day while they are in attendance at meetings of the commission. (Amended by Stats. 2002, Ch. 664, Sec. 121. Effective January 1, 2003.)
  27. 56335.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    City selection committees in counties with two or more cities must appoint regular and alternate city members to the commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56335. In each county containing two or more cities, regular and alternate city members to the commission shall be appointed by the city selection committee organized in the county pursuant to and in the manner provided in Article 11 (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1. Regular members of the commission shall be appointed by the city selection committee pursuant to Sections 56325, 56326, and 56327. The city selection committee shall appoint one alternate member to the commission in the same manner as it appoints a regular member. If one of the regular city members is absent from a commission meeting, or disqualifies himself or herself from participating in a meeting, the alternate member may serve and vote in place of that regular city member for that meeting. Except in the case of a member appointed pursuant to subdivision (d) of Section 56326 or subdivision (b) of Section 56327, a city selection committee, may, at the time it appoints a member or alternate, provide that the member or alternate is disqualified from voting on proposals affecting the city which the member or alternate represents. If the office of a regular city member becomes vacant, the alternate member may serve and vote in place of the former regular city member until the appointment and qualification of a regular city member to fill the vacancy. (Amended by Stats. 1986, Ch. 86, Sec. 2.)
  28. 56336.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Each commission may adopt regulations on disqualifying members or alternates from reviewing proposals, but city or district representation alone cannot be used to disqualify them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56336. Each commission may adopt regulations with respect to disqualification of members or alternates from participating in the review of a proposal. In the absence, however, of those regulations, Section 56332 or 56335 shall apply. The representation by a member or alternate of a city or district shall not disqualify, or be cause for disqualification of, the member or alternate from acting on a proposal affecting the city or the district, and any regulation providing for the disqualification of a city or district representative for that reason is null and void. (Amended by Stats. 1986, Ch. 86, Sec. 3.)
  29. 56337.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

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    A city, county, or district officer may serve on the commission while holding that office.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Formation of Commission and Selection of Commissioners [56325 - 56337] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56337. A city, county, or district officer may serve as a member of the commission while holding office as a city, county, or district officer. If a member who is a city, county, or district officer ceases to be an officer of a city, county, or district during his or her term, his or her membership on the commission shall be considered vacant. (Amended by Stats. 2004, Ch. 355, Sec. 4.5. Effective January 1, 2005.)
  30. 56375.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission has broad powers over local boundary changes and reorganizations, including reviewing and approving or rejecting proposals, initiating certain proposals, and making required determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56375. The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part: (a) (1) To review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission. (2) The commission may initiate proposals by resolution of application for any of the following: (A) The consolidation of a district, as defined in Section 56036. (B) The dissolution of a district. (C) A merger. (D) The establishment of a subsidiary district. (E) The formation of a new district or districts. (F) A reorganization that includes any of the changes specified in subparagraph (A), (B), (C), (D), or (E). (G) The dissolution of an inactive district pursuant to Section 56879. (H) The dissolution of a district pursuant to Section 56375.1. (3) A commission may initiate a proposal described in paragraph (2) only if that change of organization or reorganization is consistent with a recommendation or conclusion of a study prepared pursuant to Section 56378, 56425, or 56430, and the commission makes the determinations specified in subdivision (b) of Section 56881. (4) A commission shall not disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following: (A) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city. (B) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city. (C) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3. (5) As a condition to the annexation of an area that is surrounded, or substantially surrounded, by the city to which the annexation is proposed, the commission may require, where consistent with the purposes of this division, that the annexation include the entire island of surrounded, or substantially surrounded, territory. (6) A commission shall not impose any conditions that would directly regulate land use density or intensity, property development, or subdivision requirements. (7) The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at build-out, and are consistent with the city’s general plan. However, the commission shall not specify how, or in what manner, the territory shall be prezoned. (8) (A) Except for those changes of organization or reorganization authorized under Section 56375.3, and except as provided by subparagraph (B), a commission shall not approve an annexation to a city of any territory greater than 10 acres, or smaller as determined by commission policy, where there exists a disadvantaged unincorporated community that is contiguous to the area of proposed annexation, unless an application to annex the disadvantaged unincorporated community to the subject city has been filed with the executive officer. (B) An application to annex a contiguous disadvantaged unincorporated community shall not be required if either of the following apply: (i) A prior application for annexation of the same disadvantaged unincorporated community has been made in the preceding five years. (ii) The commission finds, based upon written evidence, that a majority of the registered voters within the affected territory are opposed to annexation. (C) This paragraph shall also apply to the annexation of two or more contiguous areas that take place within five years of each other and that are individually less than 10 acres but cumulatively more than 10 acres. (b) With regard to a proposal for annexation or detachment of territory to, or from, a city or district or with regard to a proposal for reorganization that includes annexation or detachment, to determine whether territory proposed for annexation or detachment, as described in its resolution approving the annexation, detachment, or reorganization, is inhabited or uninhabited. (c) With regard to a proposal for consolidation of two or more cities or districts, to determine which city or district shall be the consolidated successor city or district. (d) To approve the annexation of unincorporated, noncontiguous territory, subject to the limitations of Section 56742, located in the same county as that in which the city is located, and that is owned by a city and used for municipal purposes and to authorize the annexation of the territory without notice and hearing. (e) To approve the annexation of unincorporated territory consistent with the planned and probable use of the property based upon the review of general plan and prezoning designations. No subsequent change may be made to the general plan for the annexed territory or zoning that is not in conformance to the prezoning designations for a period of two years after the completion of the annexation, unless the legislative body for the city makes a finding at a public hearing with written notice provided no less than 21 days to the commission that a substantial change has occurred in circumstances that necessitate a departure from the prezoning in the application to the commission. (f) With respect to the incorporation of a new city or the formation of a new special district, to determine the number of registered voters residing within the proposed city or special district or, for a landowner-voter special district, the number of owners of land and the assessed value of their land within the territory proposed to be included in the new special district. The number of registered voters shall be calculated as of the time of the last report of voter registration by the county elections official to the Secretary of State prior to the date the first signature was affixed to the petition. The executive officer shall notify the petitioners of the number of registered voters resulting from this calculation. The assessed value of the land within the territory proposed to be included in a new landowner-voter special district shall be calculated as shown on the last equalized assessment roll. (g) To adopt written procedures for the evaluation of proposals, including written definitions consistent with existing state law. The commission may adopt standards for any of the factors enumerated in Section 56668. Any standards adopted by the commission shall be written. (h) To adopt standards and procedures for the evaluation of service plans submitted pursuant to Section 56653 and the initiation of a change of organization or reorganization pursuant to subdivision (a). (i) To make and enforce regulations for the orderly and fair conduct of hearings by the commission. (j) To incur usual and necessary expenses for the accomplishment of its functions. (k) To appoint and assign staff personnel and to employ or contract for professional or consulting services to carry out and effect the functions of the commission. (l) To review the boundaries of the territory involved in any proposal with respect to the definiteness and certainty of those boundaries, the nonconformance of proposed boundaries with lines of assessment or ownership, and other similar matters affecting the proposed boundaries. (m) To waive the restrictions of Section 56744 if it finds that the application of the restrictions would be detrimental to the orderly development of the community and that the area that would be enclosed by the annexation or incorporation is so located that it cannot reasonably be annexed to another city or incorporated as a new city. (n) To waive the application of Section 22613 of the Streets and Highways Code if it finds the application would deprive an area of a service needed to ensure the health, safety, or welfare of the residents of the area and if it finds that the waiver would not affect the ability of a city to provide any service. However, within 60 days of the inclusion of the territory within the city, the legislative body may adopt a resolution nullifying the waiver. (o) If the proposal includes the incorporation of a city, as defined in Section 56043, or the formation of a district, as defined in Section 2215 of the Revenue and Taxation Code, the commission shall determine the property tax revenue to be exchanged by the affected local agencies pursuant to Section 56810. If the proposal includes the disincorporation of a city, as defined in Section 56034, the commission shall determine the property tax revenue to be exchanged by the affected local agencies pursuant to Section 56813. (p) To authorize a city or district to provide new or extended services outside its jurisdictional boundaries pursuant to Section 56133. (q) To enter into an agreement with the commission for an adjoining county for the purpose of determining procedures for the consideration of proposals that may affect the adjoining county or where the jurisdiction of an affected agency crosses the boundary of the adjoining county. (r) To approve with or without amendment, wholly, partially, or conditionally, or disapprove pursuant to this section the annexation of territory served by a mutual water company formed pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code that operates a public water system to a city or special district. Any annexation approved in accordance with this subdivision shall be subject to the state and federal constitutional prohibitions against the taking of private property without the payment of just compensation. This subdivision shall not impair the authority of a public agency or public utility to exercise eminent domain authority. (Amended by Stats. 2022, Ch. 89, Sec. 1. (SB 938) Effective January 1, 2023.)
  31. 56375.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    A commission may start dissolution proceedings for an eligible district only after specified findings, public notice and hearing, and a required resolution of intent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56375.1. (a) A commission may initiate a proposal for the dissolution of a district that is eligible for the protest threshold under Section 57093 if both of the following conditions are satisfied: (1) At a public hearing for which notice has been published and posted, the commission approves, adopts, or accepts a study prepared pursuant to Section 56430 that includes a finding, based on a preponderance of the evidence, that one or more of the following conditions is met: (A) The district has one or more documented chronic service provision deficiencies that substantially deviate from industry or trade association standards or other government regulations and its board or management is not actively engaged in efforts to remediate the documented service deficiencies. (B) The district spent public funds in an unlawful or reckless manner inconsistent with the principal act or other statute governing the district and has not taken any action to prevent similar future spending. (C) The district has shown willful neglect by failing to consistently adhere to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and other public disclosure laws to which the agency is subject. (D) The district has failed to meet the minimum number of times required in its principal act in the prior calendar year and has taken no action to remediate the failures to ensure future meetings are conducted on a timely basis. (E) The district has consistently failed to perform timely audits in the prior three years, or failed to meet minimum financial requirements under Section 26909 over the prior five years as an alternative to performing an audit. (F) The district’s recent annual audits show chronic issues with the district’s fiscal controls and the district has taken no action to remediate the issues. (2) (A) At a public hearing for which notice has been published and posted, the commission adopts a resolution of intent to initiate dissolution based on one or more of the required findings in paragraph (1). The resolution shall provide a remediation period of not less than 12 months during which the district may take steps to remedy the specified deficiencies and also specify a date upon which the district shall provide the commission a mid-point report on such remediation efforts at a regularly scheduled commission meeting. (B) At the conclusion of the remediation period, at a public hearing for which notice has been published and posted, the commission shall take one of the following actions: (i) If the commission finds the district has adequately remedied the deficiencies, the commission shall rescind the notice of intent to initiate dissolution and no further action is required. (ii) If the commission finds that the district has failed to remedy the deficiencies, the commission may adopt a resolution to dissolve the district making the determinations in paragraph (1) and in subdivision (b) of Section 56881. (b) (1) Any public notice required pursuant to this section shall be published and posted pursuant to Chapter 4 (commencing with Section 56150) of Part 1. (2) The public hearings required under subdivision (a) may be combined into a single public hearing for which notice has been published and posted. (c) The commission’s power to initiate dissolution of a district pursuant to this section is separate from and in addition to the commission’s power to initiate dissolution pursuant to subparagraphs (B) and (G) of paragraph (2) of subdivision (a) of Section 56375. (Added by Stats. 2022, Ch. 89, Sec. 2. (SB 938) Effective January 1, 2023.)
  32. 56375.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission must approve certain city reorganizations and can waive protest proceedings if specific notice, timing, proposal, and territory requirements are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56375.3. (a) In addition to those powers enumerated in Section 56375, a commission shall approve, after notice and hearing, the change of organization or reorganization of a city, and waive protest proceedings pursuant to Part 4 (commencing with Section 57000) entirely, if all of the following are true: (1) The change of organization or reorganization is initiated on or after January 1, 2000. (2) The change of organization or reorganization is proposed by resolution adopted by the affected city. (3) The commission finds that the territory contained in the change of organization or reorganization proposal meets all of the requirements set forth in subdivision (b). (b) Subdivision (a) applies to territory that meets all of the following requirements: (1) It does not exceed 150 acres in area, and that area constitutes the entire island. (2) The territory constitutes an entire unincorporated island located within the limits of a city, or constitutes a reorganization containing a number of individual unincorporated islands. (3) It is surrounded in either of the following ways: (A) Surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary or the Pacific Ocean. (B) Surrounded by the city to which annexation is proposed and adjacent cities. (4) It is substantially developed or developing. The finding required by this paragraph shall be based upon one or more factors, including, but not limited to, any of the following factors: (A) The availability of public utility services. (B) The presence of public improvements. (C) The presence of physical improvements upon the parcel or parcels within the area. (5) It is not prime agricultural land, as defined by Section 56064. (6) It will benefit from the change of organization or reorganization or is receiving benefits from the annexing city. (7) This subdivision does not apply to any unincorporated island within a city that is a gated community where services are currently provided by a community services district. (8) Notwithstanding any other law, at the option of either the city or the county, a separate property tax transfer agreement may be agreed to between a city and a county pursuant to Section 99 of the Revenue and Taxation Code regarding an annexation subject to this subdivision without affecting any existing master tax sharing agreement between the city and county. (c) Notwithstanding any other provision of this subdivision, this subdivision shall not apply to all or any part of that portion of the development project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code that as of January 1, 2000, meets all of the following requirements: (1) Is unincorporated territory. (2) Contains at least 100 acres. (3) Is surrounded or substantially surrounded by incorporated territory. (4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses. (d) The Legislature finds and declares that the powers set forth in subdivision (a) for territory that meets all the specifications in subdivision (b) are consistent with the intent of promoting orderly growth and development pursuant to Section 56001 and facilitate the annexation of disadvantaged unincorporated communities, as defined in Section 56033.5. (Amended by Stats. 2015, Ch. 114, Sec. 10. (AB 1532) Effective January 1, 2016.)
  33. 56375.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The authority to begin, conduct, or finish a proceeding under Section 56375.3(a) does not apply to certain territory that became surrounded or substantially surrounded by the proposed annexing city after January 1, 2014, except for certain newly created islands.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56375.4. The authority to initiate, conduct, and complete any proceeding pursuant to subdivision (a) of Section 56375.3 does not apply to any territory that, after January 1, 2014, became surrounded or substantially surrounded by the city to which annexation is proposed, except for islands that were created after January 1, 2014, as a result of boundary adjustments between two counties. (Amended by Stats. 2013, Ch. 138, Sec. 2. (AB 743) Effective January 1, 2014.)
  34. 56375.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    A commission must make its determinations consistently with the spheres of influence of the local agencies affected by those determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56375.5. Every determination made by a commission regarding the matters provided for by subdivisions (a), (m), and (n) of Section 56375 and by subdivision (a) of Section 56375.3 shall be consistent with the spheres of influence of the local agencies affected by those determinations. (Amended by Stats. 2004, Ch. 355, Sec. 5. Effective January 1, 2005.)
  35. 56377.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When the commission reviews proposals that could lead to converting open-space land to other uses, it must consider the listed policies and priorities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56377. In reviewing and approving or disapproving proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open-space lands to uses other than open-space uses, the commission shall consider all of the following policies and priorities: (a) Development or use of land for other than open-space uses shall be guided away from existing prime agricultural lands in open-space use toward areas containing nonprime agricultural lands, unless that action would not promote the planned, orderly, efficient development of an area. (b) Development of existing vacant or nonprime agricultural lands for urban uses within the existing jurisdiction of a local agency or within the sphere of influence of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open-space uses which are outside of the existing jurisdiction of the local agency or outside of the existing sphere of influence of the local agency. (Amended by Stats. 2000, Ch. 761, Sec. 71. Effective January 1, 2001.)
  36. 56378.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission must study existing governmental agencies and make the studies available, and certain public bodies must comply with the commission’s information requests.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56378. (a) In addition to its other powers, the commission shall initiate and make studies of existing governmental agencies. Those studies shall include, but shall not be limited to, inventorying those agencies and determining their maximum service area and service capacities. In conducting those studies, the commission may request land use information, studies, joint powers agreements, and plans of cities, counties, districts, including school districts, community college districts, joint powers agencies and joint powers authorities, regional agencies, and state agencies and departments. Cities, counties, districts, including school districts, community college districts, joint powers agencies and joint powers authorities, regional agencies, and state agencies and departments, shall comply with the request of the commission for that information and the commission shall make its studies available to public agencies and any interested person. In making these studies, the commission may cooperate with the county planning commissions. (b) The commission, or the board of supervisors on behalf of the commission, may apply for or accept, or both, any financial assistance and grants-in-aid from public or private agencies or from the state or federal government or from a local government. (Amended by Stats. 2015, Ch. 303, Sec. 229. (AB 731) Effective January 1, 2016.)
  37. 56379.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    A person may ask the commission to make a stenographic or electromagnetic record of a meeting before the meeting, and the commission must do so if that person pays the cost.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56379. Any person may, prior to any meeting, request the commission to cause a stenographic or electromagnetic record to be made of a meeting. If the cost of making that record is borne by that person, the commission shall cause the record to be made. The commission may require any person requesting the record to be made to deposit the estimated cost of making the record with the commission prior to the hearing. (Amended by Stats. 1987, Ch. 1327, Sec. 6.)
  38. 56380.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission must provide its own quarters, equipment, supplies, and personnel, and it may contract with a public agency or private party for personnel and facilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56380. The commission shall make its own provision for necessary quarters, equipment, and supplies as well as personnel. The commission may choose to contract with any public agency or private party for personnel and facilities. (Repealed and added by Stats. 2000, Ch. 761, Sec. 73. Effective January 1, 2001.)
  39. 56381.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section requires the commission to adopt and share annual budgets, and directs the auditor and local entities on how commission operating costs are paid and apportioned.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56381. (a) The commission shall adopt annually, following noticed public hearings, a proposed budget by May 1 and final budget by June 15. At a minimum, the proposed and final budget shall be equal to the budget adopted for the previous fiscal year unless the commission finds that reduced staffing or program costs will nevertheless allow the commission to fulfill the purposes and programs of this chapter. The commission shall transmit its proposed and final budgets to the board of supervisors, to each city, and to each independent special district. (b) After public hearings, consideration of comments, and adoption of a final budget by the commission pursuant to subdivision (a), the auditor shall apportion the net operating expenses of a commission in the following manner: (1) (A) In counties in which there is city and independent special district representation on the commission, the county, cities, and independent special districts shall each provide a one-third share of the commission’s operational costs. (B) The cities’ share shall be apportioned in proportion to each city’s total revenues, as reported in the most recent edition of the Cities Annual Report published by the Controller, as a percentage of the combined city revenues within a county, or by an alternative method approved by a majority of cities representing the majority of the combined cities’ populations. (C) The independent special districts’ share shall be apportioned in proportion to each district’s total revenues as a percentage of the combined total district revenues within a county. Except as provided in subparagraph (D), an independent special district’s total revenue shall be calculated for nonenterprise activities as total revenues for general purpose transactions less intergovernmental revenue and for enterprise activities as total operating and nonoperating revenues less intergovernmental revenue, as reported in the most recent edition of the “Special Districts Annual Report” published by the Controller, or by an alternative method approved by a majority of the agencies, representing a majority of their combined populations. For the purposes of fulfilling the requirement of this section, a multicounty independent special district shall be required to pay its apportionment in its principal county. It is the intent of the Legislature that no single district or class or type of district shall bear a disproportionate amount of the district share of costs. (D) (i) For purposes of apportioning costs to a health care district formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code that operates a hospital, a health care district’s share, except as provided in clauses (ii) and (iii), shall be apportioned in proportion to each district’s net from operations as reported in the most recent edition of the hospital financial disclosure report form published by the Office of Statewide Health Planning and Development, as a percentage of the combined independent special districts’ net operating revenues within a county. (ii) A health care district for which net from operations is a negative number may not be apportioned any share of the commission’s operational costs until the fiscal year following positive net from operations, as reported in the most recent edition of the hospital financial disclosure report form published by the Office of Statewide Health Planning and Development. (iii) A health care district that has filed and is operating under public entity bankruptcy pursuant to federal bankruptcy law, shall not be apportioned any share of the commission’s operational costs until the fiscal year following its discharge from bankruptcy. (iv) As used in this subparagraph “net from operations” means total operating revenue less total operating expenses. (E) Notwithstanding the requirements of subparagraph (C), the independent special districts’ share may be apportioned by an alternative method approved by a majority of the districts, representing a majority of the combined populations. However, in no event shall an individual district’s apportionment exceed the amount that would be calculated pursuant to subparagraphs (C) and (D), or in excess of 50 percent of the total independent special districts’ share, without the consent of that district. (F) Notwithstanding the requirements of subparagraph (C), no independent special district shall be apportioned a share of more than 50 percent of the total independent special districts’ share of the commission’s operational costs, without the consent of the district as otherwise provided in this section. In those counties in which a district’s share is limited to 50 percent of the total independent special districts’ share of the commission’s operational costs, the share of the remaining districts shall be increased on a proportional basis so that the total amount for all districts equals the share apportioned by the auditor to independent special districts. (2) In counties in which there is no independent special district representation on the commission, the county and its cities shall each provide a one-half share of the commission’s operational costs. The cities’ share shall be apportioned in the manner described in paragraph (1). (3) In counties in which there are no cities, the county and its special districts shall each provide a one-half share of the commission’s operational costs. The independent special districts’ share shall be apportioned in the manner described for cities’ apportionment in paragraph (1). If there is no independent special district representation on the commission, the county shall pay all of the commission’s operational costs. (4) Instead of determining apportionment pursuant to paragraph (1), (2), or (3), any alternative method of apportionment of the net operating expenses of the commission may be used if approved by a majority vote of each of the following: the board of supervisors; a majority of the cities representing a majority of the total population of cities in the county; and the independent special districts representing a majority of the combined total population of independent special districts in the county. However, in no event shall an individual district’s apportionment exceed the amount that would be calculated pursuant to subparagraphs (C) and (D) of paragraph (1), or in excess of 50 percent of the total independent special districts’ share, without the consent of that district. (c) After apportioning the costs as required in subdivision (b), the auditor shall request payment from the board of supervisors and from each city and each independent special district no later than July 1 of each year for the amount that entity owes and the actual administrative costs incurred by the auditor in apportioning costs and requesting payment from each entity. If the county, a city, or an independent special district does not remit its required payment within 60 days, the commission may determine an appropriate method of collecting the required payment, including a request to the auditor to collect an equivalent amount from the property tax, or any fee or eligible revenue owed to the county, city, or district. The auditor shall provide written notice to the county, city, or district prior to appropriating a share of the property tax or other revenue to the commission for the payment due the commission pursuant to this section. Any expenses incurred by the commission or the auditor in collecting late payments or successfully challenging nonpayment shall be added to the payment owed to the commission. Between the beginning of the fiscal year and the time the auditor receives payment from each affected city and district, the board of supervisors shall transmit funds to the commission sufficient to cover the first two months of the commission’s operating expenses as specified by the commission. When the city and district payments are received by the commission, the county’s portion of the commission’s annual operating expenses shall be credited with funds already received from the county. If, at the end of the fiscal year, the commission has funds in excess of what it needs, the commission may retain those funds and calculate them into the following fiscal year’s budget. If, during the fiscal year, the commission is without adequate funds to operate, the board of supervisors may loan the commission funds. The commission shall appropriate sufficient funds in its budget for the subsequent fiscal year to repay the loan. (Amended by Stats. 2010, Ch. 47, Sec. 5. (AB 2795) Effective January 1, 2011.)
  40. 56381.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets how a local agency formation commission’s annual operating costs are divided among member public agencies, with special rules for counties and cities with permanent membership.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56381.6. (a) Notwithstanding the provisions of Section 56381, for counties whose membership on the commission is established pursuant to Sections 56326, 56326.5, 56327, or 56328, the commission’s annual operational costs shall be apportioned among the classes of public agencies that appoint members to the commission in proportion to the number of members appointed by each class. The classes of public agencies that may be represented on the commission are the county, the cities, and independent special districts. Any alternative cost apportionment procedure may be adopted by the commission, subject to a majority affirmative vote of the commission that includes the affirmative vote of at least one of the members appointed by the county, one of the members appointed by the cities, and one of the members appointed by districts, if special districts are represented on the commission. (b) Allocation of costs among individual cities and independent special districts and remittance of payments shall be in accordance with the procedures of Section 56381. Notwithstanding Section 56381, any city that has permanent membership on the commission pursuant to Sections 56326, 56326.5, 56327, or 56328 shall be apportioned the same percentage of the commission’s annual operational costs as its permanent member bears to the total membership of the commission, excluding any public members selected by all the members. The balance of the cities’ portion of the commission’s annual operational costs shall be apportioned to the remaining cities in the county in accordance with the procedures of Section 56381. (Amended by Stats. 2015, Ch. 114, Sec. 11. (AB 1532) Effective January 1, 2016.)
  41. 56382.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission may authorize destroying duplicate or older original records if specified copy-retention and reproduction conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56382. The commission may authorize the destruction of any duplicate record, paper, or other document if the original or a photographic or electronic copy of the record, paper, or other document is retained in the files of the commission, and the commission may authorize the destruction of original records more than two years old if a photographic or electronic copy of the original record is made and preserved, provided that the following conditions are met: (a) The record is reproduced on a medium that does not permit additions, deletions, or changes to the original document, or reproduced in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of permanent records or nonpermanent records, whichever applies. (b) The device used to reproduce the record is one that accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images. (c) The reproductions are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the reproductions shall be kept in a safe and separate place for security purposes. (Amended by Stats. 1995, Ch. 562, Sec. 1. Effective January 1, 1996.)
  42. 56383.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission may set fees and service charges, but they cannot exceed cost limits. It can also require deposits, delay action until payment, and in some cases waive or reduce charges.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56383. (a) The commission may establish a schedule of fees and a schedule of service charges pursuant to this division, including, but not limited to, all of the following: (1) Filing and processing applications filed with the commission. (2) Proceedings undertaken by the commission and any reorganization committee. (3) Amending or updating a sphere of influence. (4) Reconsidering a resolution making determinations. (b) The fees shall not exceed the estimated reasonable cost of providing the service for which the fee is charged and shall be imposed pursuant to Section 66016. The service charges shall not exceed the cost of providing the service for which the service charge is charged and shall be imposed pursuant to Section 66016. (c) The commission may require that an applicant deposit some or all of the required amount that will be owed with the executive officer before any further action is taken. The deposit shall be made within the time period specified by the commission. No application shall be deemed filed until the applicant deposits the required amount with the executive officer. The executive officer shall provide the applicant with an accounting of all costs charged against the deposited amount. If the costs are less than the deposited amount, the executive officer shall refund the balance to the applicant after the executive officer verifies the completion of all proceedings. If the costs exceed the deposited amount, the applicant shall pay the difference prior to the completion of all proceedings. (d) The commission may reduce or waive a fee, service charge, or deposit if it finds that payment would be detrimental to the public interest. The reduction or waiver of any fee, service charge, or deposit is limited to the costs incurred by the commission in the proceedings of an application. (e) Any mandatory time limits for commission action may be deferred until the applicant pays the required fee, service charge, or deposit. (f) The signatures on a petition submitted to the commission by registered voters shall be verified by the elections official of the county and the costs of verification shall be provided for in the same manner and by the same agencies which bear the costs of verifying signatures for an initiative petition in the same county. (g) For incorporation proceedings that have been initiated by the filing of a sufficient number of voter signatures on petitions that have been verified by the county registrar of voters, the commission may, upon the receipt of a certification by the proponents that they are unable to raise sufficient funds to reimburse fees, service charges, or deposits for the proceedings, take no action on the proposal and request a loan from the General Fund of an amount sufficient to cover those expenses subject to availability of an appropriation for those purposes and in accordance with any provisions of the appropriation. Repayment of the loan shall be made a condition of approval of the incorporation, if successful, and shall become an obligation of the newly formed city. Repayment shall be made within two years of the effective date of incorporation. If the proposal is denied by the commission or defeated at an election, the loan shall be forgiven. (Amended by Stats. 2017, Ch. 353, Sec. 3. (AB 1725) Effective January 1, 2018.)
  43. 56383.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission may require an applicant to agree to defend and indemnify it as a condition for certain requests, but the commission must notify and cooperate, and the applicant is protected from settlement obligations unless it approves the settlement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56383.5. (a) The commission may require, as a condition for processing a change of organization or reorganization, a sphere amendment or a sphere update, or any other action or determination requested from the commission, that the applicant agrees to defend, indemnify, and hold harmless the commission, its agents, officers, and employees from any claim, action, or proceeding against the commission, its agents, officers, or employees to attack, set aside, void, or annul an approval by the commission. (b) (1) An agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall require the commission to promptly notify the applicant of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the commission and shall require the commission to cooperate fully in the defense. (2) An applicant who is a party to an agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall not be responsible to defend, indemnify, or hold harmless if the commission fails to notify the applicant or cooperate fully in the defense pursuant to paragraph (1). (c) An applicant who is a party to an agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall not be required to pay or perform any settlement relating to the agreement, unless the applicant approves the settlement. (d) Nothing in this section shall be construed to prohibit the commission from participating in the defense of any claim, action, or proceeding to attack, set aside, void or annul an approval by the commission if both of the following conditions are met: (1) The commission bears its own attorney’s fees and costs of the claim, action, or proceeding. (2) The commission defends the claim, action, or proceeding in good faith. (Added by Stats. 2024, Ch. 886, Sec. 1. (SB 1209) Effective January 1, 2025.)
  44. 56384.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must appoint an executive officer and legal counsel, and must appoint alternates if there is a conflict of interest; it may also appoint staff and recover costs through fees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56384. (a) The commission shall appoint an executive officer who shall conduct and perform the day-to-day business of the commission. If the executive officer is subject to a conflict of interest on a matter before the commission, the commission shall appoint an alternate executive officer. The commission may recover its costs by charging fees pursuant to Section 56383. (b) The commission shall appoint legal counsel to advise it. If the commission’s counsel is subject to a conflict of interest on a matter before the commission, the commission shall appoint alternate legal counsel to advise it. The commission may recover its costs by charging fees pursuant to Section 56383. (c) The commission may appoint staff as it deems appropriate. If staff for the commission is subject to a conflict of interest on a matter before the commission, the commission shall appoint alternate staff to assist it. The commission may recover its costs by charging fees pursuant to Section 56383. (d) (1) For purposes of this section, the term “conflict of interest” shall be defined as it is for the purpose of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) and shall also include matters proscribed by Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1. (2) For the purposes of subdivision (b), the term “conflict of interest” shall also include matters addressed by Rule 3-310 of the Rules of Professional Conduct promulgated by the State Bar of California, pertaining to representation of adverse interests. (Amended by Stats. 2015, Ch. 114, Sec. 13. (AB 1532) Effective January 1, 2016.)
  45. 56385.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission may arrange retirement and health benefits for its executive officer or staff, and it must preserve certain accrued leave and retirement benefits for people hired from a county’s employment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56385. The commission may contract for retirement benefits for the executive officer or staff personnel pursuant to the County Employees Retirement Law of 1937, Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 or the Public Employees’ Retirement Law, Part 3 (commencing with Section 20000) of Division 5 of Title 2. It may also provide for health and medical benefits. The commission shall preserve accrued vacation, sick leave, compensatory time, and retirement benefits of persons hired from within the employment of their respective county. (Repealed and added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  46. 56386.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Specified public officers and employees must provide needed records or information to the executive officer, and designated county personnel must examine and report when requested.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Powers [56375 - 56386] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56386. (a) The officers and employees of a city, county, or special district, including any local agency, school district, community college district, and any regional agency, or state agency or department, as may be necessary, or any other public agency shall furnish the executive officer with any records or information in their possession which may be necessary to assist the commission and the executive officer in their duties, including, but not limited to, the preparation of reports pursuant to Sections 56665 and 56800. (b) Upon request by the commission or the executive officer, the county surveyor, or any other county officer, county official, or employee as the board of supervisors may designate, shall examine and report to the commission or the executive officer upon any application or other document involving any of the matters specified in subdivision (l) of Section 56375. (Amended by Stats. 2002, Ch. 548, Sec. 12. Effective January 1, 2003.)
  47. 56425.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must determine each city’s and special district’s sphere of influence, adopt it, and review and update spheres as needed at least every five years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56425. (a) In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental agencies subject to the jurisdiction of the commission to advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each city and each special district, as defined by Section 56036, within the county and enact policies designed to promote the logical and orderly development of areas within the sphere. (b) Prior to a city submitting an application to the commission to update its sphere of influence, representatives from the city and representatives from the county shall meet to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If an agreement is reached between the city and county, the city shall forward the agreement in writing to the commission, along with the application to update the sphere of influence. The commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement to the extent that it is consistent with commission policies in its final determination of the city sphere. (c) If the commission’s final determination is consistent with the agreement reached between the city and county pursuant to subdivision (b), the agreement shall be adopted by both the city and county after a noticed public hearing. Once the agreement has been adopted by the affected local agencies and their respective general plans reflect that agreement, then any development approved by the county within the sphere shall be consistent with the terms of that agreement. (d) If no agreement is reached pursuant to subdivision (b), the application may be submitted to the commission and the commission shall consider a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section. (e) In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following: (1) The present and planned land uses in the area, including agricultural and open-space lands. (2) The present and probable need for public facilities and services in the area. (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (5) For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection, that occurs pursuant to subdivision (g) on or after July 1, 2012, the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. (f) Upon determination of a sphere of influence, the commission shall adopt that sphere. (g) On or before January 1, 2008, and every five years thereafter, the commission shall, as necessary, review and update each sphere of influence. (h) In determining a sphere of influence, the commission may assess the feasibility of governmental reorganization of particular agencies and recommend reorganization of those agencies when reorganization is found to be feasible and if reorganization will further the goals of orderly development and efficient and affordable service delivery. The commission shall make all reasonable efforts to ensure wide public dissemination of the recommendations. (i) When adopting, amending, or updating a sphere of influence for a special district, the commission shall establish the nature, location, and extent of any functions or classes of services provided by existing districts. (j) When adopting, amending, or updating a sphere of influence for a special district, the commission may require existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts. (Amended by Stats. 2012, Ch. 62, Sec. 2. (AB 2698) Effective January 1, 2013.)
  48. 56425.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A city’s sphere-of-influence determination cannot block other local agencies from providing development-related facilities or services in certain redevelopment project areas.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56425.5. (a) A determination of a city’s sphere of influence, in any case where that sphere of influence includes any portion of the redevelopment project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code, shall not preclude any other local agency, as defined in Section 54951, including the redevelopment agency referenced in Section 33492.41 of the Health and Safety Code, in addition to that city, from providing facilities or services related to development to or in that portion of the redevelopment project area that, as of January 1, 2000, meets all of the following requirements: (1) Is unincorporated territory. (2) Contains at least 100 acres. (3) Is surrounded or substantially surrounded by incorporated territory. (4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses. (b) Facilities or services related to development may be provided by other local agencies to all or any portion of the area defined in paragraphs (1) to (4), inclusive, of subdivision (a). Subdivision (a) shall apply regardless of whether the determination of the sphere of influence is made before or after January 1, 2000. (Amended by Stats. 2008, Ch. 709, Sec. 12.3. Effective January 1, 2009.)
  49. 56426.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must not approve or conditionally approve certain sphere-of-influence changes for territory covered by a farmland security zone contract, unless the listed services benefit allowed land uses and the landowner consents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56426. The commission shall not approve or conditionally approve a change to the sphere of influence of a local government agency of territory that is subject to a farmland security zone contract pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, if that local government agency provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change to the sphere of influence. (Added by Stats. 2002, Ch. 614, Sec. 3. Effective January 1, 2003.)
  50. 56426.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission may determine the sphere of influence for a proposed new city or district, and must do so for a newly incorporated city or newly formed district within one year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56426.5. (a) Beginning January 1, 1990, at the time a commission approves a proposal for an incorporation or a reorganization which includes an incorporation, the commission may determine the sphere of influence for the proposed new city. The commission shall determine the sphere of influence for any newly incorporated city within one year of the effective date of incorporation. (b) Beginning January 1, 2010, at the time when a commission approves a formation or reorganization that includes the formation of a district, the commission may determine the sphere of influence for the proposed new district. The commission shall determine the sphere of influence for any newly formed district within one year of the effective date of formation. (Amended (as added by Stats. 1989, Ch. 1384) by Stats. 2009, Ch. 155, Sec. 1. (AB 1582) Effective January 1, 2010.)
  51. 56426.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission generally may not approve certain sphere-of-influence changes for territory tied to a land conservation contract unless listed conditions are met, and it must consider specified factors when deciding.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56426.6. (a) The commission shall not approve a change to the sphere of influence of a local government agency of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1) if that local government agency provides, or would provide, facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change to the sphere of influence. (b) (1) Notwithstanding subdivision (a), the commission may nevertheless approve a change for that territory if it finds either of the following: (A) That the change would facilitate planned, orderly, and efficient patterns of land use or provision of services, and the public interest in the change substantially outweighs the public interest in the current continuation of the contract beyond its current expiration date. (B) That the change is not likely to adversely affect the continuation of the contract beyond its current expiration date. (2) In making a determination pursuant to this subdivision, the commission shall consider all of the following: (A) The policies and implementation measures adopted by the city or county that would administer the contract both before and after any ultimate annexation, relative to the continuation of agriculture or other uses allowable under the contract. (B) The infrastructure plans of the annexing agency. (C) Other factors that the commission deems relevant. (c) This section shall not apply to any of the following: (1) Territory that is subject to a contract for which a notice of nonrenewal has been served pursuant to Section 51245. (2) Territory that is subject to a contract for which a tentative cancellation has been approved pursuant to Section 51282. (3) Territory for which the governing body of the county or city administering the contract has given its written approval to the change and the landowner consents to the change. (Added by renumbering Section 56426.5 (as added by Stats. 2002, Ch. 614) by Stats. 2009, Ch. 155, Sec. 2. (AB 1582) Effective January 1, 2010.)
  52. 56427.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must adopt, amend, or update spheres of influence only after a public hearing, and the executive officer must give advance mailed and published notice before that hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56427. The commission shall adopt, amend, or update spheres of influence after a public hearing called and held for that purpose. 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 which is circulated within the territory affected by the sphere of influence proposed to be adopted. The commission may continue from time to time any hearing called pursuant to this section. At any hearing called and held pursuant to this section, the commission shall hear and consider oral or written testimony presented by any affected local agency or affected county or any interested person who wishes to appear. This section shall only apply to spheres of influence adopted by the commission after January 1, 1975. (Amended by Stats. 2021, Ch. 31, Sec. 10. (AB 1581) Effective January 1, 2022.)
  53. 56428.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People or local agencies may request amendments to a sphere of influence or urban service area, but the request must be written and include specific supporting information. The executive officer and commission then follow notice, review, hearing, and decision steps, with a 70-day cap on continued consideration.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56428. (a) Any person or local agency may file a written request with the executive officer requesting amendments to a sphere of influence or urban service area adopted by the commission. The request shall state the nature of the proposed amendment, state the reasons for the request, include a map of the proposed amendment, and contain any additional data and information as may be required by the executive officer. (b) After complying with the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, the executive officer shall place the request on the agenda of the next meeting of the commission for which notice can be given. The executive officer shall give notice in the manner provided by Section 56427. On the date and time provided in the notice, the commission may do either of the following: (1) Without further notice, consider the amendments to a sphere of influence. (2) Set a future date for the hearing on the request. (c) The executive officer shall review each requested amendment and prepare a report and recommendation. The report shall be completed not less than five days before the date specified in the notice of hearing. The executive officer shall send copies of the report to the person or agency making the request, each affected local agency, and each person who has filed a request for a report. (d) At its meeting, the commission shall consider the request and receive any oral or written testimony. The consideration may be continued from time to time, but not to exceed 70 days from the date specified in the original notice. The person or agency which filed the request may withdraw it at any time prior to the conclusion of the consideration by the commission. (e) At the conclusion of its consideration, the commission may approve with or without amendment, wholly, partially, or conditionally, or disapprove the request. The commission shall follow the procedures in Section 56425. (f) The commission may require the person or agency making a request pursuant to this section to pay a fee to cover the commission’s costs. The fee shall not exceed the estimated reasonable cost of providing the service and shall be set pursuant to Section 56383. The commission may waive the fee if it finds that the request can be considered and studied as part of the periodic review of spheres of influence required by Section 56425. In addition, the commission may waive the fee if it finds that payment would be detrimental to the public interest. (g) The commission and executive officer may review and act on any request to amend a sphere of influence or urban service area concurrently with their review and determination on any related change of organization or reorganization. In case of a conflict between the provisions of this section and any other provisions of this part, the other provisions shall prevail. (Amended by Stats. 2011, Ch. 300, Sec. 69. (AB 1430) Effective January 1, 2012.)
  54. 56429.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section lets qualifying landowners petition to remove territory from a city’s sphere of influence, and it sets the commission’s hearing, notice, filing, and voting-value rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56429. (a) Notwithstanding Sections 56425, 56427, and 56428, a petition for removal of territory from a sphere of influence determination may be brought pursuant to this section by landowners within the redevelopment project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code, if, at the time the petition is submitted, the area for which the petition is being requested meets all of the following requirements: (1) Is unincorporated territory. (2) Contains at least 100 acres. (3) Is surrounded or substantially surrounded by incorporated territory. (4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses. (b) On receipt of a petition signed by landowners owning at least 25 percent of the assessed value of the land within the affected territory, the commission shall hear and consider oral or written testimony. (c) The petition shall be placed on the agenda of the commission in accordance with subdivision (b) of Section 56428. (d) The executive officer shall give notice of the hearing in accordance with Section 56427. (e) From the date of filing of the petition to the conclusion of the hearing, the commission shall accept written positions from any owner of land in the unincorporated territory that is seeking removal from a city’s sphere of influence. (f) The petition to remove territory from a city’s sphere of influence shall be granted and given immediate effect if the commission finds that written positions filed in favor of the petition and not withdrawn prior to the conclusion of the hearing represent landowners owning 50 percent or more of the assessed value of the land within the affected territory. (g) No removal of territory from a city’s sphere of influence that is proposed by petition and adopted pursuant to this section shall be repealed or amended except by the petition and adoption procedure provided in subdivisions (a) to (f), inclusive. In all other respects, a removal of territory from a city’s sphere of influence proposed by petition and adopted pursuant to this section shall have the same force and effect as any amendment to or removal of territory from a city’s sphere of influence approved by the commission. No territory removed from a city’s sphere of influence pursuant to this section shall be annexed to that city, unless the territory is subsequently added to the sphere of influence of the city pursuant to the petition and adoption procedure provided in this section. (h) Pursuant to Section 56383, the commission may establish a schedule of fees for the costs of carrying out this section. (i) All proper expenses incurred in connection with removal of territory from a city’s sphere of influence pursuant to this section shall be paid by the proponents. (Amended by Stats. 2000, Ch. 761, Sec. 80.5. Effective January 1, 2001.)
  55. 56430.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must conduct a service review when preparing or updating spheres of influence, include the appropriate geographic area, and document its determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Spheres of Influence [56425 - 56430] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56430. (a) In order to prepare and to update spheres of influence in accordance with Section 56425, the commission shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission. The commission shall include in the area designated for service review the county, the region, the subregion, or any other geographic area as is appropriate for an analysis of the service or services to be reviewed, and shall prepare a written statement of its determinations with respect to each of the following: (1) Growth and population projections for the affected area. (2) The location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence. (3) Present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies including needs or deficiencies related to sewers, municipal and industrial water, and structural fire protection in any disadvantaged, unincorporated communities within or contiguous to the sphere of influence. (4) Financial ability of agencies to provide services. (5) Status of, and opportunities for, shared facilities. (6) Accountability for community service needs, including governmental structure and operational efficiencies. (7) Any other matter related to effective or efficient service delivery, as required by commission policy. (b) In conducting a service review, the commission shall comprehensively review all of the agencies that provide the identified service or services within the designated geographic area. The commission may assess various alternatives for improving efficiency and affordability of infrastructure and service delivery within and contiguous to the sphere of influence, including, but not limited to, the consolidation of governmental agencies. (c) In conducting a service review, the commission may include a review of whether the agencies under review, including any public water system as defined in Section 116275, are in compliance with the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). A public water system may satisfy any request for information as to compliance with that act by submission of the consumer confidence or water quality report prepared by the public water system as provided by Section 116470 of the Health and Safety Code. (d) The commission may request information, as part of a service review under this section, from identified public or private entities that provide wholesale or retail supply of drinking water, including mutual water companies formed pursuant to Part 7 (commencing with Section 14300) of Division 3 of Title 1 of the Corporations Code, and private utilities, as defined in Section 1502 of the Public Utilities Code. (e) The commission shall conduct a service review before, or in conjunction with, but no later than the time it is considering an action to establish a sphere of influence in accordance with Section 56425 or 56426.5 or to update a sphere of influence pursuant to Section 56425. (Amended by Stats. 2011, Ch. 513, Sec. 6.5. (SB 244) Effective January 1, 2012.)
  56. 5650.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. )

    Verify source ↗

    This section defines “public securities” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. ) ## 5650. As used in this chapter, “public securities” means any issue of bonds, notes, warrants or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued or proposed to be issued by any public body. (Added by Stats. 1968, Ch. 1315.)
  57. 5651.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. )

    Verify source ↗

    This section defines “public body” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. ) ## 5651. As used in this chapter, “public body” means any county, city and county, city, municipal corporation, political subdivision, public district, public corporation or public authority, or any agency thereof. (Added by Stats. 1968, Ch. 1315.)
  58. 5652.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. )

    Verify source ↗

    A public body may not make a contract for a report on the financial feasibility of a public project or public securities if certain conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Contracts Concerning Public Securities [5650 - 5652] ( Chapter 8 added by Stats. 1968, Ch. 1315. ) ## 5652. No public body shall enter into any contract which provides that such public body shall be furnished any report relating to the financial feasibility of any public project or of the issuance or sale of any public securities if: (1) such contract is entered into with any person engaged in the business of rating public securities and distributing information concerning such rating to the public, unless such contract provides that no rating will thereafter be given or assigned for a period of two years by such person on any security issued, or to be issued, by said public body or any entity to which it is a party; (2) payment for any services provided for in such contract is contingent upon a finding in such report that the public undertaking or the issuance or sale of any public securities is financially feasible; or (3) the contract fails to provide that it is for personal services and nonassignable. Nothing in this section shall prohibit any public body from entering into a contract solely for a rating. (Amended by Stats. 1969, Ch. 935.)
  59. 56650.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Commission proceedings for a change of organization or reorganization may be started by petition or by a resolution of application under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56650. Commission proceedings for a change of organization or a reorganization may be initiated by petition or by resolution of application in accordance with this chapter. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  60. 56651.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Commission proceedings are treated as initiated when a petition or resolution of application is accepted for filing and a certificate of filing is issued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56651. Commission proceedings shall be deemed initiated on the date a petition or resolution of application is accepted for filing and a certificate of filing is issued by the executive officer of the commission of the county in which the affected territory is located. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  61. 56652.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Applications must follow the form the commission prescribes and include specified information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56652. Each application shall be in the form as the commission may prescribe and shall contain all of the following information: (a) A petition or resolution of application initiating the proposal. (b) A statement of the nature of each proposal. (c) A map and description, acceptable to the executive officer, of the boundaries of the affected territory for each proposed change of organization or reorganization. (d) Any data and information as may be required by any regulation of the commission. (e) Any additional data and information, as may be required by the executive officer, pertaining to any of the matters or factors which may be considered by the commission. (f) The names of the officers or persons, not to exceed three in number, who are to be furnished with copies of the report by the executive officer and who are to be given mailed notice of the hearing. (Amended by Stats. 2018, Ch. 86, Sec. 8. (AB 3254) Effective January 1, 2019.)
  62. 56653.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    An applicant for a change of organization or reorganization must submit a services plan for the affected territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56653. (a) If an application for a change of organization or reorganization is submitted pursuant to this part, the applicant shall submit a plan for providing services within the affected territory. (b) The plan for providing services shall include all of the following information and any additional information required by the commission or the executive officer: (1) An enumeration and description of the services currently provided or to be extended to the affected territory. (2) The level and range of those services. (3) An indication of when those services can feasibly be extended to the affected territory, if new services are proposed. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. (5) Information with respect to how those services will be financed. (c) This section shall become operative on January 1, 2025. (Amended (as amended by Stats. 2017, Ch. 43, Sec. 2) by Stats. 2022, Ch. 37, Sec. 5. (AB 2957) Effective January 1, 2023. Section operative January 1, 2025, by its own provisions.)
  63. 56653.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    For a disincorporation plan, the service plan must include specified information about services, financing, bankruptcy, state orders, required entity statements, and any additional information the executive officer considers necessary.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56653.1. In the case of a disincorporation or reorganization that includes a disincorporation, the plan for services required by subdivision (a) of Section 56653 shall include the following: (a) An enumeration and description of the services currently provided by the city proposed for disincorporation and an identification, where applicable, of the entity or entities proposed to assume responsibility for the services following completion of disincorporation. (b) An enumeration and description of each service proposed to be discontinued or transferred, the current financing of the service or services, and any method of financing proposed by the successor. (c) A delineation of any existing financing of services currently provided to include, but not be limited to, bonds, assessments, community facility district governance, general taxes, special taxes, other charges, and joint powers authorities or agreements. (d) An indication of any current bankruptcy proceeding, including, but not limited to, status and exit plan. (e) An indication of any current order relating to services provided by the city proposed for disincorporation by any agency, department, office, or other division of the state, including, but not limited to, a cease and desist order or water prohibition order. (f) A written statement from each entity identified pursuant to subdivision (a) that it has received a copy of the plan for services submitted pursuant to this section. (g) Any other information that the executive officer may deem necessary to evaluate the plan for services submitted. (Added by Stats. 2015, Ch. 304, Sec. 3. (AB 851) Effective January 1, 2016.)
  64. 56654.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section says an affected local agency may file an application for a change of organization or reorganization by adopting a resolution, and special-district cases involving new or different services are handled only by that special district’s legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56654. (a) An application for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency, except as provided in subdivision (b). (b) Notwithstanding Section 56700, an application for a change of organization that involves the exercise of new or different functions or classes of services, or the divestiture of the power to provide particular functions or classes of services, within all or part of the jurisdictional boundaries of a special district, shall only be initiated by the legislative body of that special district in accordance with Sections 56824.10, 56824.12, and 56824.14. (c) At least 21 days before the adoption of the resolution, the legislative body may give mailed notice of its intention to adopt a resolution of application to the commission and to each interested agency and each subject agency. The notice shall generally describe the application and the affected territory. (d) Except for the provisions regarding signers and signatures, a resolution of application shall contain all of the matters specified for a petition in Section 56700 and shall be submitted with a plan for services prepared pursuant to Section 56653. (Amended by Stats. 2022, Ch. 37, Sec. 6. (AB 2957) Effective January 1, 2023.)
  65. 56655.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If pending proposals before the commission conflict or are inconsistent, the commission may set their relative priority; that determination must be included in the imposed terms and conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56655. If two or more proposals pending before the commission conflict or in any way are inconsistent with each other, as determined by the commission, the commission may determine the relative priority for conducting any further proceedings based on any of those proposals. That determination shall be included in the terms and conditions imposed by the commission. In the absence of that determination, priority is given to that proceeding which shall be based upon the proposal first filed with the executive officer. (Added by Stats. 2000, Ch. 761, Sec. 87. Effective January 1, 2001.)
  66. 56657.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission may not approve certain reorganization proposals until it has considered any conflicting change of organization submitted within 60 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56657. Notwithstanding Section 56655, the commission shall not approve a proposal for incorporation, consolidation of districts, dissolution, merger, or establishment of a subsidiary district, or a reorganization that includes any of these changes of organization until it has considered any other change of organization which conflicts with the subject proposal and which was submitted to the commission within 60 days of the submission of the subject proposal. (Added by Stats. 2000, Ch. 761, Sec. 89. Effective January 1, 2001.)
  67. 56658.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Applicants must submit a filing application to the principal county executive officer, and that officer must give notices, check completeness, issue a filing certificate, and schedule the hearing within the stated deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56658. (a) Any petitioner or legislative body desiring to initiate proceedings shall submit an application to the executive officer of the principal county. (b) (1) Immediately after receiving an application and before issuing a certificate of filing, the executive officer shall give mailed notice that the application has been received to each affected local agency, the county committee on school district organization, and each school superintendent whose school district overlies the affected territory. The notice shall generally describe the application and the affected territory. The executive officer shall not be required to give notice pursuant to this subdivision if a local agency has already given notice pursuant to subdivision (c) of Section 56654. (2) It is the intent of the Legislature that an application for incorporation or disincorporation shall be processed in a timely manner. With regard to an application that includes an incorporation or disincorporation, the executive officer shall immediately notify all affected local agencies and any applicable state agencies by mail and request the affected agencies to submit the required data to the commission within a reasonable timeframe established by the executive officer. Each affected agency shall respond to the executive officer within 15 days acknowledging receipt of the request. Each affected local agency and the officers and departments thereof shall submit the required data to the executive officer within the timelines established by the executive officer. Each affected state agency and the officers and departments thereof shall submit the required data to the executive officer within the timelines agreed upon by the executive officer and the affected state departments. (3) If a special district is, or as a result of a proposal will be, located in more than one county, the executive officer of the principal county shall immediately give the executive officer of each other affected county mailed notice that the application has been received. The notice shall generally describe the proposal and the affected territory. (c) Except when a commission is the lead agency pursuant to Section 21067 of the Public Resources Code, the executive officer shall determine within 30 days of receiving an application whether the application is complete and acceptable for filing or whether the application is incomplete. (d) (1) If applicable, the executive officer shall not accept for filing an application for a change of organization or reorganization and issue a certificate of filing pursuant to subdivision (f) and an application shall not be deemed accepted for filing pursuant to subdivision (e) if an agreement for the exchange of property tax revenues has not been adopted pursuant to paragraph (6) of subdivision (b) or subdivision (d) of Section 99 of the Revenue and Taxation Code. (2) The executive officer shall not accept an application for filing and issue a certificate of filing for at least 20 days after giving the mailed notice required by subdivision (b). The executive officer shall not be required to comply with this subdivision in the case of an application which meets the requirements of Section 56662 or in the case of an application for which a local agency has already given notice pursuant to subdivision (c) of Section 56654. (e) If the appropriate fees have been paid, an application shall be deemed accepted for filing if no determination has been made by the executive officer within the 30-day period. An executive officer shall accept for filing, and file, any application submitted in the form prescribed by the commission and containing all of the information and data required pursuant to Section 56652. (f) When an application is accepted for filing, the executive officer shall immediately issue a certificate of filing to the applicant. A certificate of filing shall be in the form prescribed by the executive officer and shall specify the date upon which the proposal shall be heard by the commission. From the date of issuance of a certificate of filing, or the date upon which an application is deemed to have been accepted, whichever is earlier, an application shall be deemed filed pursuant to this division. (g) If an application is determined not to be complete, the executive officer shall immediately transmit that determination to the applicant specifying those parts of the application which are incomplete and the manner in which they can be made complete. (h) Following the issuance of the certificate of filing, the executive officer shall proceed to set the proposal for hearing and give published notice thereof as provided in this part. The date of the hearing shall be not more than 90 days after issuance of the certificate of filing or after the application is deemed to have been accepted, whichever is earlier. Notwithstanding Section 56106, the date for conducting the hearing, as determined pursuant to this subdivision, is mandatory. (Amended by Stats. 2023, Ch. 25, Sec. 1. (AB 1753) Effective January 1, 2024.)
  68. 56660.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The executive officer must give notice of any commission hearing by publication and by posting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56660. The executive officer shall give notice of any hearing by the commission by publication, as provided in Sections 56153 and 56154, and by posting, as provided in Sections 56158 and 56159. (Added by Stats. 2000, Ch. 761, Sec. 91. Effective January 1, 2001.)
  69. 56661.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission must post public-hearing notice on its website if it has one, and the executive officer must give mailed or emailed notice of hearings to the listed persons and entities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56661. To the extent that the commission maintains an Internet Web site, notice of all public hearings shall be made available in electronic format on that site. The executive officer shall also give mailed notice of any hearing by the commission, as provided in Sections 56155 to 56157, inclusive, by mailing notice of the hearing or transmitting by electronic mail, if available to the recipient, to all of the following persons and entities: (a) To each affected local agency by giving notice to the legislative body and the executive officer of the agency. (b) To the proponents, if any. (c) To each person who has filed a written request for special notice with the executive officer. (d) If the proposal is for any annexation or detachment, or for a reorganization providing for the formation of a new district, to each city within three miles of the exterior boundaries of the territory proposed to be annexed, detached, or formed into a new district. (e) If the proposal is to incorporate a new city or for the formation of a district, to the affected county. (f) If the proposal includes a change of organization or reorganization of a city or special district that provides or would provide structural fire protection services and all or part of the affected territory is a state responsibility area, as determined pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, to the Director of Forestry and Fire Protection. (g) If the proposal would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), to the Director of Conservation. (h) To all landowners within the affected territory pursuant to the provisions of subdivision (d) of Section 56157. (i) To all registered voters within the affected territory pursuant to the provisions of subdivision (f) of Section 56157. (Amended by Stats. 2006, Ch. 172, Sec. 5. Effective January 1, 2007.)
  70. 56662.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission may skip notice, hearing, and protest proceedings for certain uninhabited annexation, detachment, reorganization, or county service area proposals if the listed consent and non-opposition conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56662. (a) If a proposal for an annexation, a detachment, or a reorganization consisting solely of annexations or detachments, or both, or formation of a county service area meets all of the following criteria, the commission may make determinations upon the proposal without notice and hearing and may waive protest proceedings entirely pursuant to Part 4 (commencing with Section 57000): (1) The territory is uninhabited. (2) An affected local agency has not submitted a written demand for notice and hearing during the 10-day period as described in subdivision (c). (3) The proposal meets either of the following criteria: (A) The petition accompanying the proposal is signed by all of the owners of land within the affected territory. (B) The proposal is accompanied by proof, satisfactory to the commission, that all the owners of land within the affected territory have given their written consent to the proposal. (b) Except for the determinations authorized to be made by subdivision (a), the commission shall not make any determinations upon any proposal, plan of reorganization, or report and recommendation of a reorganization committee until after public hearing by the commission on that proposal, plan of reorganization, or report and recommendation of a reorganization committee. (c) The commission shall not take any action on the petition or resolution of application for 10 days following the mailed notice required under subdivision (b) of Section 56658. Upon written demand by an affected local agency, filed with the executive officer during that 10-day period, the commission shall make determinations upon the petition or resolution of application only after notice and hearing on the petition or resolution of application. (d) If a proposal for an annexation, a detachment, or a reorganization consisting solely of annexations or detachments, or both, or formation of a county service area meets all of the following criteria, the commission may make determinations upon the proposal and waive protest proceedings entirely pursuant to Part 4 (commencing with Section 57000): (1) The territory is uninhabited. (2) The proposal is accompanied by proof, satisfactory to the commission, that all the owners of land within the affected territory, exclusive of land owned by a private railroad company, have given their written consent to the proposal and a private railroad company that is an owner of land within the affected territory has not submitted written opposition to the waiver of protest proceedings prior to the conclusion of the commission hearing. (3) A subject agency has not submitted written opposition to a waiver of protest proceedings. (Amended by Stats. 2012, Ch. 62, Sec. 4. (AB 2698) Effective January 1, 2013.)
  71. 56663.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The commission may waive protest proceedings for certain annexation, detachment, or related reorganization matters if notice and opposition conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56663. For a change of organization consisting of an annexation or a detachment, or a reorganization consisting solely of annexations or detachments, or both, or the formation of a county service area that would otherwise require the conduct of protest proceedings after commission approval pursuant to subdivision (d) of Section 56881, the commission may waive protest proceedings pursuant to Part 4 (commencing with Section 57000) if all of the following have occurred: (a) The mailed notice pursuant to Section 56157 has been given to landowners and registered voters within the affected territory. (b) The mailed notice discloses to the registered voters and landowners that unless written opposition to the proposal is received before the conclusion of the commission proceedings on the proposal, the commission intends to waive protest proceedings. The notice shall disclose that there is potential for the extension or continuation of any previously authorized charge, fee, assessment, or tax by the local agency in the affected territory. (c) Written opposition to the proposal from landowners or registered voters within the affected territory is not received before the conclusion of the commission proceedings on the proposal. (Amended by Stats. 2019, Ch. 20, Sec. 4. (AB 1822) Effective January 1, 2020.)
  72. 56664.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    If the commission wants notice and hearing before deciding a matter it could decide without them, it must order a public hearing and set the hearing’s date, time, and place.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56664. Where the commission desires to provide for notice and hearing prior to making a determination on a matter which the commission is authorized, but not required, to determine without notice and hearing, the commission shall order a public hearing on that matter and set a date, time, and place for the hearing. The date of hearing shall not be more than 90 days after the date of the order. (Added by Stats. 2000, Ch. 761, Sec. 95. Effective January 1, 2001.)
  73. 56665.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The executive officer must review filed applications, prepare a report with recommendations, finish it at least five days before the hearing notice date, and then send copies of the report to specified recipients.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56665. The executive officer shall review each application which is filed with the executive officer and shall prepare a report, including his or her recommendations, on the application. The report shall be completed not less than five days prior to the date specified in the notice of hearing. Upon completion, the executive officer shall furnish copies of the report to each of the following: (a) The officers or persons designated in the application. (b) Each local agency whose boundaries or sphere of influence would be changed by the proposal or recommendation. (c) Each affected local agency which has filed a request for a report with the executive officer. (d) The executive officer of another affected county when a district is or will be located in that other county. (e) Each affected city. (Added by Stats. 2000, Ch. 761, Sec. 96. Effective January 1, 2001.)
  74. 56666.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must hold the hearing at the specified date, time, and place, may continue it for limited periods, and must hear protests, objections, evidence, and related reports.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56666. (a) The hearing shall be held by the commission upon the date and at the time and place specified. The hearing may be continued from time to time but not to exceed 70 days from the date specified in the original notice. (b) At the hearing, the commission shall hear and receive any oral or written protests, objections, or evidence that shall be made, presented, or filed, and consider the report of the executive officer and the plan for providing services to the territory prepared pursuant to Section 56653. (c) Prior to any continuance of a hearing pursuant to this section regarding a proposal that includes an incorporation, the chief petitioners shall have an opportunity to address the commission on any potential impacts or hardships on the incorporation effort that may result from a delay. The commission shall consider the potential impacts on the incorporation proponents prior to making a decision on the duration of any continuance. (Amended by Stats. 2001, Ch. 530, Sec. 3. Effective January 1, 2002.)
  75. 56667.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If certain land-ownership and revenue-loss conditions are met and a city or county objects, the commission must stop the incorporation proceeding and wait one year before a substantially similar proposal can be started.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56667. If the report filed pursuant to Section 56665 indicates that more than 50 percent of the land proposed for incorporation is owned by or dedicated to the use of a city or county and that the proposed incorporation would result in a revenue loss to that city or county, and at the hearing held pursuant to Section 56666 the board of supervisors of the county or city council of the city presents a resolution objecting to the incorporation, no further proceedings shall be conducted by the commission and no new proposal involving incorporation of substantially the same territory shall be initiated for one year. In the absence of a resolution of objection from a city or county, the commission may approve the proposal only if it imposes as a condition thereto that the newly incorporated city may not adopt any regulation or policy which would have a negative fiscal impact on any contract existing at the time of the incorporation which is related to the publicly owned land. This section shall not preclude the completion of proceedings to incorporate territory which is the subject of incorporation proceedings filed with the executive officer of the commission prior to February 15, 1986. (Added by Stats. 2000, Ch. 761, Sec. 98. Effective January 1, 2001.)
  76. 56668.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When reviewing a proposal, the commission must consider a list of specified factors, including population, services, boundaries, plans, water supply, housing needs, and environmental justice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56668. Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following: (a) Population and population density; land area and land use; assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; and the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years. (b) (1) The need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; and probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. (2) “Services,” as used in this subdivision, refers to governmental services whether or not the services are services that would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. (c) The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. (d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the policies and priorities in Section 56377. (e) The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016. (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries. (g) A regional transportation plan adopted pursuant to Section 65080. (h) The proposal’s consistency with city or county general and specific plans. (i) The sphere of influence of any local agency that may be applicable to the proposal being reviewed. (j) The comments of any affected local agency or other public agency. (k) The ability of the newly formed or receiving entity to provide the services that are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change. (l) Timely availability of water supplies adequate for projected needs as specified in Section 65352.5. (m) The extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments consistent with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7. (n) Any information or comments from the landowner or landowners, voters, or residents of the affected territory. (o) Any information relating to existing land use designations. (p) The extent to which the proposal will promote environmental justice. As used in this subdivision, “environmental justice” means the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the location of public facilities and the provision of public services, to ensure a healthy environment for all people such that the effects of pollution are not disproportionately borne by any particular populations or communities. (q) Information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area pursuant to Section 4102 of the Public Resources Code, if it is determined that such information is relevant to the area that is the subject of the proposal. (Amended by Stats. 2019, Ch. 360, Sec. 2. (AB 1628) Effective January 1, 2020.)
  77. 56668.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must consider specified factors in certain city detachment or district annexation proceedings, and it must give great weight to city or district objections based on financial or service concerns.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56668.3. (a) If the proposed change of organization or reorganization includes a city detachment or district annexation, except a special reorganization, and the proceeding has not been terminated based upon receipt of a resolution requesting termination pursuant to either Section 56751 or Section 56857, factors to be considered by the commission shall include all of the following: (1) In the case of district annexation, whether the proposed annexation will be for the interest of landowners or present or future inhabitants within the district and within the territory proposed to be annexed to the district. (2) In the case of a city detachment, whether the proposed detachment will be for the interest of the landowners or present or future inhabitants within the city and within the territory proposed to be detached from the city. (3) Any factors which may be considered by the commission as provided in Section 56668. (4) Any resolution raising objections to the action that may be filed by an affected agency. (5) Any other matters which the commission deems material. (b) The commission shall give great weight to any resolution raising objections to the action that is filed by a city or a district. The commission’s consideration shall be based only on financial or service related concerns expressed in the protest. Except for findings regarding the value of written protests, the commission is not required to make any express findings concerning any of the factors considered by the commission. (Amended by Stats. 2002, Ch. 548, Sec. 16. Effective January 1, 2003.)
  78. 56668.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission may consider certain regional growth goals and policies, but it is not required to do so.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 1. General [56650 - 56668.5] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56668.5. The commission may, but is not required to, consider the regional growth goals and policies established by a collaboration of elected officials only, formally representing their local jurisdictions in an official capacity on a regional or subregional basis. This section does not grant any new powers or authority to the commission or any other body to establish regional growth goals and policies independent of the powers granted by other laws. (Added by Stats. 2000, Ch. 761, Sec. 99.5. Effective January 1, 2001.)
  79. 56700.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A change of organization or reorganization may be proposed by petition, and the petition must include several required statements, maps, names, and other details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56700. (a) A proposal for a change of organization or a reorganization may be made by petition. The petition shall do all of the following: (1) State that the proposal is made pursuant to this part. (2) State the nature of the proposal and list all proposed changes of organization. (3) Set forth a description of the boundaries of affected territory accompanied by a map showing the boundaries. (4) Set forth any proposed terms and conditions. (5) State the reason or reasons for the proposal. (6) State whether the petition is signed by registered voters or owners of land. (7) Designate up to three persons as chief petitioners, setting forth their names and mailing addresses. (8) Request that proceedings be taken for the proposal pursuant to this part. (9) State whether the proposal is consistent with the sphere of influence of any affected city or affected district. (b) A petition for a proposal for a change of organization or a reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act, in addition to the requirements set forth in subdivision (a), shall do either of the following: (1) Designate the district that shall be the successor and specify under which principal act the successor shall conduct itself. (2) State that the proposal requires the formation of a new district and includes a plan for services prepared pursuant to Section 56653. (Amended (as amended by Stats. 2005, Ch. 22, Sec. 99) by Stats. 2007, Ch. 98, Sec. 4. Effective January 1, 2008.)
  80. 56700.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Expenditures and contributions tied to a proposal for a change of organization or reorganization must be disclosed and reported under Section 56100.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56700.1. Expenditures for political purposes related to a proposal for a change of organization or reorganization that will be submitted to a commission pursuant to this part, and contributions in support of or in opposition to those proposals, shall be disclosed and reported pursuant to Section 56100.1. (Amended by Stats. 2009, Ch. 113, Sec. 2. (AB 528) Effective January 1, 2010.)
  81. 56700.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Before circulating a petition for change of organization, the proponent must file a notice of intention with the executive officer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56700.4. (a) Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be signed by a representative of the proponent, and shall be in substantially the following form: ## Notice of Intent to Circulate Petition Notice is hereby given of the intention to circulate a petition proposing to ____. The reasons for the proposal are: (b) After the filing required pursuant to subdivision (a), the petition may be circulated for signatures. (c) Upon receiving the notice, the executive officer shall notify affected local agencies. (d) The notice requirements of this section shall apply in addition to any other applicable notice requirements. (e) This section shall not apply to any petition signed by landowners if all parcels within the affected territory are vested under the same ownership. (Amended by Stats. 2016, Ch. 165, Sec. 4. (AB 2910) Effective January 1, 2017.)
  82. 56703.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A petition may be one document or multiple counterparts, but petitions must be filed with the executive officer, and any counterparts or supplemental petition counterparts must be filed at the same time.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56703. A petition may consist of a single instrument or separate counterparts. All petitions shall be filed with the executive officer. All counterparts of a petition or of any supplemental petition, shall be filed at the same time. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  83. 56704.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People signing a petition must date their signature, and some petitions require extra residence or land-location details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56704. (a) Each person signing a petition shall, at the time he or she signs the petition, affix after his or her signature the date upon which he or she signs the petition. (b) If a petition is signed by registered voters, each person signing the petition shall, in addition to his or her signature, affix the date upon which he or she signs the petition and indicate on the petition his or her place of residence, giving street and number or other designation sufficient to enable the place of residence to be readily ascertained. (c) If a petition is signed by owners of land, each person signing the petition shall, in addition to the signature and the date on which he or she signs the petition, include a written description sufficient to identify the location of the land owned by each person signing the petition. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  84. 56705.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Petitions must be signed and filed within stated time limits, and late filing is handled by the executive officer under Section 56709.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56705. (a) Except as otherwise provided in subdivision (b), no petition shall be accepted for filing unless the signatures on the petition are secured within six months of the date on which the first signature on the petition was affixed and the petition is submitted to the executive officer for filing within 60 days after the last signature is affixed. If the elapsed time between the date on which the last signature is affixed and the date on which the petition is submitted for filing is more than 60 days, the executive officer shall file the petition in accordance with Section 56709. (b) (1) Notwithstanding subdivision (a), in cities with a population of more than 100,000 residents that are located in a county with a population of over 4,000,000, no petition shall be accepted for filing unless the signatures thereon have been secured within 90 days of the publication of the notice required pursuant to Section 56760 and the petition is submitted to the executive officer for filing within 60 days after the last signature is affixed. If the elapsed time between the date on which the last signature is affixed and the date on which the petition is submitted for filing is more than 60 days, the executive officer shall file the petition in accordance with Section 56709. (2) This subdivision shall not apply to a petition for a special reorganization, as defined in Section 56075.5. Subdivision (a) shall apply to a special reorganization, as defined in Section 56075.5, regardless of the number of residents in the city or county in which signatures have been secured on the petition. This paragraph is declaratory of existing law. (Amended by Stats. 2000, Ch. 761, Sec. 106. Effective January 1, 2001.)
  85. 56706.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer must examine a petition, prepare a certificate of sufficiency, and notify proponents if the petition is insufficient. Proponents may file a supplemental petition or, instead, collect signatures for 15 extra days under a limited option.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56706. (a) Within 30 days, excluding Saturdays, Sundays, and holidays, after the date of receiving a petition, the executive officer shall cause the petition to be examined by, in the case of a registered voter petition, the county elections official, in accordance with Sections 9113 to 9115, inclusive, of the Elections Code, or in the case of a landowner petition, the county assessor, and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers. (b) (1) Except as provided in paragraph (2), if the certificate of the executive officer shows the petition to be insufficient, the executive officer shall immediately give notice by certified mail of the insufficiency to the proponents, if any. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, a supplemental petition bearing additional signatures may be filed with the executive officer. (2) Notwithstanding paragraph (1), the proponents of the petition may, at their option, collect signatures for an additional 15 days immediately following the statutory period allowed for collecting signatures without waiting for notice of insufficiency. Any proponent choosing to exercise this option may not file a supplemental petition as provided in paragraph (1). (c) Within 10 days after the date of filing a supplemental petition, the executive officer shall examine the supplemental petition and certify in writing the results of his or her examination. (d) A certificate of sufficiency shall be signed by the executive officer and dated. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the executive officer’s examination. The executive officer shall mail a copy of the certificate of sufficiency to the proponents, if any. (Amended by Stats. 2008, Ch. 68, Sec. 8. Effective January 1, 2009.)
  86. 56707.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If registered voters sign a petition, the executive officer must compare the signers against the voters’ register and determine the number of registered voters in the affected territory and the number of qualified signers on the petition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56707. If a petition is signed by registered voters, the executive officer shall cause the names of the signers on the petition to be compared with the voters’ register in the office of the county clerk or registrar of voters and ascertain both of the following: (a) The number of registered voters in the affected territory. (b) The number of qualified signers appearing upon the petition. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  87. 56708.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a petition is signed by landowners, the executive officer must compare signer names with the county’s most recent assessment roll and, as far as possible, determine key landowner and valuation totals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56708. If a petition is signed by owners of land, the executive officer shall cause the names of the signers on the petition to be compared with the names of the persons shown as owners of land on the most recent assessment roll being prepared by the county at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the executive officer pursuant to subdivision (a) of Section 56700.4 and ascertain, to the extent possible, both of the following: (a) The total number of landowners within the territory and the total assessed valuation of all land within the affected territory. (b) The total number of landowners represented by qualified signers and the total assessed valuation of land owned by qualified signers. (Amended by Stats. 2002, Ch. 548, Sec. 17. Effective January 1, 2003.)
  88. 56709.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a petition is certified as insufficient, the executive officer must file it as a public record and mail notice of the insufficiency to the chief petitioners, if any.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56709. If the petition, including any supplemental petition, is certified to be insufficient, it shall be filed with the executive officer as a public record, without prejudice to the filing of a new petition. The executive officer shall give mailed notice to the chief petitioners, if any, stating that the petition has been found to be insufficient. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  89. 56710.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    For petition sufficiency, the county assessor must value certain exempt or publicly owned land as if it were taxable, and the executive officer must ignore signatures from people not shown as owners unless written evidence shows they qualify.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56710. For purposes of evaluating the sufficiency of any petition signed by owners of land: (a) The assessed value to be given land exempt from taxation or owned by a public agency shall be determined by the county assessor, at the request of the executive officer, in the same amount as the county assessor would assess that land, if the land were not exempt from taxation or owned by a public agency. (b) The value given land held in joint tenancy or tenancy in common shall be determined in proportion to the proportionate interest of the petitioner in that land. (c) The executive officer shall disregard the signature of any person not shown as owner on the most recent assessment roll being prepared by the county at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the executive officer pursuant to subdivision (a) of Section 56700.4, unless prior to certification the executive officer is furnished with written evidence, satisfactory to the executive officer, that the signer meets any of the following requirements: (1) Is a legal representative of the owner. (2) Is entitled to be shown as owner of land on the next assessment roll. (3) Is a purchaser of land under a recorded written agreement of sale. (4) Is authorized to sign for, and on behalf of, any public agency owning land. (Amended by Stats. 2002, Ch. 548, Sec. 18. Effective January 1, 2003.)
  90. 56711.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A public or federal agency that owns land in the affected territory is treated as a landowner for petition signing and certification, and it may authorize a duly authorized officer or employee to sign for it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 2. Form, Filing, and Certification of Petition [56700 - 56711] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 56711. Any public or federal agency owning land within the territory which is the subject of the proposed change of organization or reorganization shall be deemed a landowner for the purpose of the signing and certification of a petition for the change of organization or reorganization. That agency may authorize the petition to be signed for the agency, and on behalf of the agency, by any duly authorized officer or employee. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  91. 56720.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The commission cannot approve or conditionally approve an incorporation proposal unless it makes specified findings based on the entire record.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56720. The commission shall not approve or conditionally approve any proposal that includes an incorporation, unless the commission finds, based on the entire record, that: (a) The proposed incorporation is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001, 56300, 56301, and 56377. (b) It has reviewed the spheres of influence of the affected local agencies and the incorporation is consistent with those spheres of influence. (c) It has reviewed the comprehensive fiscal analysis prepared pursuant to Section 56800 and the Controller’s report prepared pursuant to Section 56801. (d) It has reviewed the executive officer’s report and recommendation prepared pursuant to Section 56665, and the testimony presented at its public hearing. (e) The proposed city is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following incorporation. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  92. 56722.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    For a petition to incorporate a new city or consolidate cities, the petition may propose the city’s name, and that name may include the word “town.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56722. If a petition is for incorporation of a new city, or consolidation of cities, the petition may propose a name for the new or consolidated city. The proposed name for the new or consolidated city may contain the word “town.” (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  93. 56723.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A petition for incorporation may also include provisions to appoint a city manager and elective city officials, but not city council members.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56723. If the petition is for incorporation, it may also include provisions for appointment of a city manager and appointment of elective city officials, except city council members. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  94. 56724.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If the commission approves an incorporation proposal, it must—when the applicant asks—state that the first city officer election will happen after voter approval. The applicant may ask for the election to be held after the incorporation vote if the application was filed before this section took effect, and the commission may not set the effective date earlier than that election date in that situation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 1. Incorporation [56720 - 56724] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56724. (a) If the commission approves a proposal that includes the incorporation of a city, the resolution making determinations shall, upon the incorporation applicant’s request, specify that the first election of city officers is to be held after voter approval of the proposal. (b) If the applicant has submitted an application to the commission prior to the effective date of this section, the applicant may request that the election of city officers be held after the vote on the incorporation proposal. (c) If the election of city officers is to be conducted after the vote on the incorporation proposal, the commission shall not set the effective date to be sooner than the election date of the city officers. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  95. 56730.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    Special reorganization proceedings must follow the procedures used for city incorporation, and any required election must follow Sections 57119 and 57132.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56730. Proceedings for a special reorganization shall be conducted in accordance with the procedures otherwise prescribed for incorporation of a city, including, but not limited to, the provisions specified in Sections 56720, 56800, 56810, and 56815. Notwithstanding any other provision of this division, an election, if required, shall be conducted in accordance with Sections 57119 and 57132.5. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  96. 56732.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If the commission approves a special reorganization for a city over 1,000,000 people, it must set the city council structure, draw district boundaries, and state that the mayor is elected citywide.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56732. If the commission approves a proposal for a special reorganization that includes the incorporation of a city with a population of more than 1,000,000, the commission shall do both of the following: (a) Specify in the resolution making determinations that, notwithstanding Section 36501, the legislative body of the city shall consist of an even number of members, with at least 12 elected by districts, as defined in Section 34871. The commission shall establish the initial boundaries of a sufficient number of districts of approximately equal populations, consistent with state and federal law, not to exceed more than 100,000 residents per district. (b) Specify in the resolution that the mayor, who shall be a voting member of the council, shall be elected on a citywide basis. (Added by renumbering Section 56852.7 by Stats. 2001, Ch. 388, Sec. 15. Effective January 1, 2002.)
  97. 56734.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    This section applies only to a special reorganization and keeps certain labor protections in place for affected public employees and employee organizations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 2. Special Reorganization [56730 - 56734] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56734. (a) This section shall only apply to a special reorganization. (b) All public employees to which Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 applies shall continue to be deemed public employees of the original local agency or of the newly incorporated local agency for all the purposes of that chapter, including, but not limited to, the continuation and application of any collective bargaining agreement that applies to these employees, and all representational and collective bargaining rights under that chapter. (c) Any existing collective bargaining agreement shall remain in effect and be fully binding on the original local agency or on the newly incorporated local agency, and on the employee organizations that are parties to the agreement for the balance of the term of the agreement, and until a subsequent agreement has been established. (d) Any existing retiree benefits, including, but not limited to, health, dental, and vision care benefits, shall not be diminished. (e) Notwithstanding any other provision of law, an employee organization that has been recognized as the exclusive representative of local agency public employees affected by a special reorganization shall retain exclusive representation of the unit employees of the original local agency, or of the newly incorporated local agency. (Added by renumbering Section 56888 by Stats. 2001, Ch. 388, Sec. 16. Effective January 1, 2002.)
  98. 56737.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The commission may require voter confirmation for certain city annexation proposals if the territory meets the stated size or voter threshold.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56737. When a change of organization or a reorganization includes the annexation of inhabited territory to a city and the assessed value of land within the territory equals one-half or more of the assessed value of land within the city, or the number of registered voters residing within the territory equals one-half or more of the number of registered voters residing within the city, the commission may determine as a condition of the proposal that the change of organization or reorganization shall also be subject to confirmation by the voters in an election to be called, held, and conducted within the territory of the city to which annexation is proposed. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  99. 56738.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    When annexation would affect land under a Williamson Act contract, the petition must say whether the city will succeed to the contract or choose not to.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56738. If the proposal would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), then the petition shall state whether the city shall succeed to the contract pursuant to Section 51243 or whether the city intends to exercise its option to not succeed to the contract pursuant to Section 51243.5. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  100. 56740.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If a city boundary would include state-owned tidelands or submerged lands, the proponents must file the boundary description and map with the State Lands Commission, and those lands generally cannot be included unless the Commission approves them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56740. (a) No tidelands or submerged lands, as defined in subdivision (g), which are owned by the state or by its grantees in trust shall be incorporated into, or annexed to, a city, except lands which may be approved by the State Lands Commission. (b) If those tidelands or submerged lands are included within the boundaries of any territory proposed to be incorporated into, or annexed to, a city, a description of the boundaries, together with a map showing the boundaries, shall be filed with the State Lands Commission by the proponents of the incorporation or annexation. The filing with the State Lands Commission shall be made prior to the executive officer issuing a certificate of filing for the proposal. (c) The State Lands Commission shall approve or disapprove all portions of the boundaries located upon the tidelands or submerged lands. In making that determination, it shall, where feasible and appropriate, require any extensions of land boundaries of the city or proposed city to be at right angles to the general direction of the shoreline at each point of intersection of the shoreline with the land boundaries of the city or proposed city. However, in the interest of ensuring an orderly and equitable pattern of offshore boundaries, the State Lands Commission may establish angles and other courses for each offshore boundary it deems necessary considering any irregularity of the shoreline, other geographical features, the effect of incorporation or annexation of the offshore or submerged lands on the uplands of the city, or proposed city, and adjoining territory, and the existing and potential boundaries of other cities and of unincorporated communities. (d) Within 45 days after the filing of the boundary description and map with the State Lands Commission, the State Lands Commission shall make a determination of the proper offshore or submerged lands boundaries. That determination shall be final and conclusive. If the State Lands Commission does not make the determination within that time, the proposed offshore or submerged lands boundaries shall be deemed approved. (e) The State Lands Commission shall report its determination to the executive officer and to each affected city, affected county, affected district, or person, if any, that has filed the boundary description and map. Thereafter, filings and action may be taken pursuant to this part. (f) The local agency formation commission may review and make determinations as to all portions of the boundaries, other than those offshore or submerged lands boundaries. (g) “Submerged lands,” as used in this section, includes, but is not limited to, lands underlying navigable waters which are in sovereign ownership of the state whether or not those waters are subject to tidal influences. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  101. 56741.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    Territory cannot be annexed to a city unless it is in the same county and, unless the division says otherwise, is contiguous to the city when the proposal is initiated.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56741. Territory may not be annexed to a city unless it is located in the same county. Unless otherwise provided in this division, territory may not be annexed to a city unless it is contiguous to the city at the time the proposal is initiated pursuant to this part. Territory incorporated as a city shall be located within one county and, except as otherwise provided in Section 56742, shall be contiguous with all other territory being incorporated as a city. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  102. 56742.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    This section lets a city annex certain territory only if the stated size, ownership, county, and use conditions are met, and it requires detachment steps if annexed territory later loses the required ownership or contiguity conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56742. (a) Notwithstanding Section 56741, upon approval of the commission a city may annex noncontiguous territory not exceeding 300 acres if the territory meets all of the following requirements: (1) It is located in the same county as that in which the city is situated. (2) It is owned by the city. (3) It is used for municipal purposes at the time commission proceedings are initiated. (b) Territory which is used by a city for the reclamation, disposal, and storage of treated wastewater may be annexed to the city pursuant to this section without limitation as to the size of the territory. (c) If territory is annexed pursuant to this section, the annexing city may not annex any territory not owned by the city, not used for municipal purposes, and not contiguous to the city, although the territory is contiguous to the territory annexed pursuant to this section. (d) Notwithstanding any other provision of this section, a city which annexes territory pursuant to this section may annex additional territory in the same county as that in which the city is situated which is owned by the United States government or the State of California and which is contiguous to the first annexed territory if the total acreage of the first annexed and the subsequently annexed territory together does not exceed 300 acres in area. If after the completion of the subsequent annexation, the city sells any or all of the first annexed territory, the subsequently annexed territory shall cease to be part of the city if the subsequently annexed territory is no longer contiguous to territory owned by the city. (e) When any or all of the territory annexed to a city pursuant to this section is sold by the city, all of the territory that is no longer owned by the city shall cease to be a part of that city. (f) A city may lease territory annexed pursuant to this section for any of the purposes authorized pursuant to Sections 37380 to 37396, inclusive, as well as enter into leases for the construction and operation of electrical generation, transmission, and distribution. If, however, a city enters into a lease on and after April 24, 2002, pursuant to Section 37395, 37396, or any other provision of law, that would authorize the development of a shopping center, hotel, motel, or lodging house on territory annexed pursuant to this section, the affected territory shall cease to be a part of the city. (g) When territory ceases to be part of a city pursuant to this section, the legislative body of the city shall adopt a resolution confirming the detachment. The resolution shall describe the detached territory and shall be accompanied by a map indicating the territory. Immediately upon adoption of the resolution, the city clerk shall make any filing required by Chapter 8 (commencing with Section 57200) of Part 4. (h) If territory annexed to a city pursuant to this section becomes contiguous to the city, the limitations imposed by this section shall cease to apply. (Amended by Stats. 2002, Ch. 507, Sec. 2. Effective January 1, 2003.)
  103. 56742.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A city may, with commission approval, annex certain noncontiguous state correctional territory, but later sales by the state can trigger detachment and the city must file and document that detachment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56742.5. (a) Notwithstanding Section 56741, upon approval of the commission any city may annex noncontiguous territory which constitutes a state correctional facility or a state correctional training facility. If, after the completion of the annexation, the State of California sells that territory or any part thereof, all of the territory which is no longer owned by the state shall cease to be a part of the city which annexed the territory. (b) If territory is annexed pursuant to this section, the city may not annex any territory not owned by the State of California and not contiguous to the city although that territory is contiguous to the territory annexed pursuant to this section. (c) When territory ceases to be part of the city pursuant to this section, the legislative body of the city shall adopt a resolution confirming the detachment of that territory from the city. The resolution shall describe the detached territory and shall be accompanied by a map indicating the territory. Immediately upon adoption of the resolution, the city clerk shall make any filing provided for by Chapter 8 (commencing with Section 57200) of Part 4 of Division 3. (d) If territory annexed pursuant to this section becomes contiguous to the city, the limitations imposed by this section shall cease to apply. (e) A city may enter into an agreement with any other city under which the city apportions any increase in state subventions resulting from the annexation of territory pursuant to this section. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  104. 56743.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A city may annex certain noncontiguous city-owned land only with commission approval and only for specified uses; if the land is sold or used for another purpose, it stops being part of the city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56743. (a) Notwithstanding Section 56741, upon approval of the commission a city may annex noncontiguous territory not exceeding 3,100 acres in area, which is located in the same county as that in which the city is situated, and which is owned by the city and is being used for municipal water purposes, wildlife habitat, or sustainable forestry that is subject to an adopted city forest management plan at the time preliminary proceedings are initiated pursuant to this part. If, after the completion of the annexation, the city sells that territory or any part thereof, all of that territory that is no longer owned by the city shall cease to be a part of the city. (b) If territory is annexed pursuant to this section, the annexing city may not annex any territory not owned by it and not contiguous to it although that territory is contiguous to the territory annexed pursuant to this section. (c) When territory ceases to be part of a city pursuant to this section, the legislative body of the city shall adopt a resolution confirming the detachment of that territory from the city. The resolution shall describe the detached territory and shall be accompanied by a map indicating the territory. Immediately upon adoption of the resolution, the city clerk shall make any filing provided for by Chapter 8 (commencing with Section 57200) of Part 4. (d) If territory annexed to a city pursuant to this section becomes contiguous to the city, the limitations imposed by this section shall cease to apply. (e) If territory is annexed pursuant to this section, it shall be used only for municipal water purposes, wildlife habitat, or sustainable forestry that is subject to an adopted city forest management plan. The city may, however, enter into agreements to lease the land for timber production or grazing by animals. If the territory is used by the city for any other purpose at any time, it shall cease to be a part of the city. (f) This section applies only to the City of Willits and the City of Arcata. (Amended by Stats. 2005, Ch. 347, Sec. 7. Effective January 1, 2006.)
  105. 56744.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    Territory may not be incorporated into or annexed to a city if the change would leave unincorporated territory surrounded by that city or its territory and the Pacific Ocean, unless the commission decides otherwise under Section 56375(m).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56744. Unless otherwise determined by the commission pursuant to subdivision (m) of Section 56375, territory shall not be incorporated into, or annexed to, a city pursuant to this division if, as a result of that incorporation or annexation, unincorporated territory is completely surrounded by that city or by territory of that city on one or more sides and the Pacific Ocean on the remaining sides. (Amended by Stats. 2001, Ch. 388, Sec. 17. Effective January 1, 2002.)
  106. 56748.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    This section defines the affected territory and allows annexation of the Merced UC campus area and road strip only if the commission approves and the stated location conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56748. (a) As used in this section: (1) “Affected territory” means the main campus of the University of California, Merced and a road strip proposed for annexation to the City of Merced. (2) “Main campus of the University of California, Merced” means the area within the boundaries of the campus of the University of California, Merced, as described in the University of California, Merced 2020 Long-Range Development Plan dated March 2020, and comprising of no more than 1,026 acres. (3) “Road strip” means the street, highway, or road that connects the territory of the property to be annexed to the annexing city. (b) Notwithstanding Section 56741, unincorporated territory consisting of property comprising the main campus of the University of California, Merced, together with the road strip, may be annexed to a city pursuant to this division, upon approval of the commission, if the following conditions are met: (1) The affected territory is within the sphere of influence of the annexing city, as adopted by the commission. (2) The affected territory lies within an unincorporated area within the County of Merced. (c) The commission shall not approve any subsequent annexation to the road strip unless the territory proposed to be annexed is contiguous to the property comprising the main campus of the University of California, Merced or the boundaries of the City of Merced as it existed on January 1, 2021. (d) This section applies only to the City of Merced. (Added by Stats. 2020, Ch. 56, Sec. 1. (AB 3312) Effective January 1, 2021.)
  107. 56749.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The commission may not approve or conditionally approve certain annexations into a city from a farmland security zone unless the city’s services benefit allowed land uses and the landowner consents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56749. (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city of territory that is within a farmland security zone created pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Division 1 if that city provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the city benefit land uses that are allowed under a farmland security zone contract and the landowner consents to the change of organization or reorganization. However, this subdivision shall not apply under any of the following circumstances: (1) If the farmland security zone is located within a designated, delineated area that has been approved by the voters as a limit for existing and future urban facilities, utilities, and services. (2) If annexation of a parcel or a portion of a parcel is necessary for the location of a public improvement, as defined in Section 51290.5, except as provided in subdivision (f) or (g) of Section 51296. (3) If the landowner consents to the annexation. (b) This section shall not apply during the three-year period preceding the termination of a farmland security zone contract under Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1. (Amended by Stats. 2002, Ch. 614, Sec. 5. Effective January 1, 2003.)
  108. 56750.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The commission must not disapprove a change of organization or reorganization just because the farmland security zone is excluded from the affected territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56750. Notwithstanding Sections 56300 and 56301, the commission shall not disapprove a change of organization or reorganization where the reason for disapproval is that the farmland security zone is excluded from the affected territory. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  109. 56751.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    When a proposal includes detaching territory from a city, the executive officer must put it on the next commission agenda and send it to the affected city. The city may request termination within 60 days, and the commission must terminate proceedings if that request is timely received, unless the city instead supports the proposal.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56751. (a) Upon receipt by the commission of a proposed change of organization or reorganization, except a special reorganization, that includes the detachment of territory from any city, the executive officer shall place the proposal on the agenda for the next commission meeting for information purposes only and shall transmit a copy of the proposal to any city from which the detachment of territory is requested. (b) No later than 60 days after the date that the proposal is on the commission’s meeting agenda in accordance with subdivision (a), a city from which the detachment of territory is proposed may adopt and transmit to the commission a resolution requesting termination of the proceedings. (c) If the city from which the detachment of territory is proposed has adopted and transmitted to the commission a resolution requesting termination of proceedings within the time period prescribed by this section, then the commission shall terminate the proceedings upon receipt of the resolution from the city. (d) This section shall not apply if the city from which the detachment of territory is proposed has adopted and transmitted to the commission a resolution supporting the proposed change of organization or reorganization. (Amended by Stats. 2002, Ch. 548, Sec. 21. Effective January 1, 2003.)
  110. 56752.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If a city annexation would include land under a Williamson Act contract, the resolution must say whether the city will succeed to the contract or will exercise the option not to succeed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56752. If the proposal would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), then the resolution shall state whether the city shall succeed to the contract pursuant to Section 51243 or whether the city intends to exercise its option to not succeed to the contract pursuant to Section 51243.5. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  111. 56753.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The executive officer must mail notice of commission hearings to the Director of Conservation when the proposal would annex city land subject to a Williamson Act contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56753. The executive officer shall give mailed notice of any hearing by the commission, as provided in Sections 56155 to 56157, inclusive, by mailing notice of the hearing to the Director of Conservation if the proposal would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1). (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  112. 56753.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    An executive officer must notify the Director of Conservation within 10 days after receiving a proposal to annex to a city land subject to a Williamson Act contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56753.5. Within 10 days after receiving a proposal that would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), the executive officer shall notify the Director of Conservation of the proposal. The notice shall include the contract number, the date of the contract’s execution, and a copy of any protest that the city had filed pursuant to Section 51243.5. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  113. 56754.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If an annexation or reorganization would bring Williamson Act land into a city, the commission must decide between specified succession options.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56754. If a change of organization or reorganization would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), the commission, based on substantial evidence in the record, shall determine one of the following: (a) That the city shall succeed to the rights, duties, and powers of the county pursuant to Section 51243, or (b) That the city may exercise its option to not succeed to the rights, duties, and powers of the county pursuant to Section 51243.5. (Amended by Stats. 2002, Ch. 188, Sec. 3. Effective January 1, 2003.)
  114. 56755.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    Before submitting an annexation application resolution, the adopting legislative body must hold a public hearing, publish notice of the hearing, and let any landowner speak at the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56755. Prior to submitting a resolution of application for the annexation of territory described in Section 56375.3 to the commission, the legislative body adopting the resolution shall conduct a public hearing on the resolution. Notice of the hearing shall be published pursuant to Sections 56153 and 56154. At the hearing, any landowner shall be given an opportunity to present his or her views on the resolution. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  115. 56756.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The clerk must file a certified copy of a resolution of application with the executive officer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56756. The clerk of the legislative body adopting a resolution of application shall file a certified copy of that resolution with the executive officer. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  116. 56757.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    This section limits commission review for certain Santa Clara County annexation or reorganization proposals, assigns the city council as the conducting authority, and requires specified findings, reimbursement of county surveyor costs, and timely submission and hearing procedures for appeals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56757. (a) The commission shall not review an annexation or a reorganization proposal that includes an annexation to any city in Santa Clara County of unincorporated territory that is within the urban service area of the city if the annexation or reorganization proposal is initiated by resolution of the legislative body of the city. (b) The city council shall be the conducting authority for the annexation or reorganization proposal and the proceedings for the annexation or reorganization proposal shall be initiated and conducted as nearly as may be practicable in accordance with Part 4 (commencing with Section 57000). (c) The city council, in adopting the resolution approving the annexation or reorganization proposal, shall make all of the following findings: (1) That the unincorporated territory is within the urban service area of the city as adopted by the commission. (2) That the county surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies of the commission. The city shall reimburse the county for the actual costs incurred by the county surveyor in making this determination. (3) That the proposal does not split lines of assessment or ownership. (4) That the proposal does not create islands or areas in which it would be difficult to provide municipal services. (5) That the proposal is consistent with the adopted general plan of the city. (6) That the territory is contiguous to existing city limits. (7) That the city has complied with all conditions imposed by the commission for inclusion of the territory in the urban service area of the city. (d) All annexations or reorganizations which involve territory for which the land use designation in the general plan of the city has changed from the time that the urban service area of the city was last adopted by the commission, and which are processed by a city pursuant to this section shall be subject to an appeal to the commission upon submission of a petition of appeal, signed by at least 50 registered voters in the county. (e) An appeal to the commission may also be made by submission of a resolution of appeal adopted by the legislative body of a special district solely for the purpose of determining whether some or all of the territory contained in the annexation or reorganization proposal should also be annexed or detached from that special district. (f) Any petition submitted under subdivision (d) or resolution submitted under subdivision (e) shall be submitted to the executive officer within 15 days of the adoption by the city council of the resolution approving the annexation. The executive officer shall schedule the hearing for the next regular meeting of the commission as is practicable. The commission may set a reasonable appeal fee. (Amended by Stats. 2013, Ch. 87, Sec. 4. (AB 1427) Effective January 1, 2014.)
  117. 56759.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    If certain annexation thresholds are met, the commission must also require an election in the city territory being annexed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 3. Annexation and Other Changes of Organization [56737 - 56759] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56759. In any order approving a proposal subject to an election for an annexation or a reorganization that includes annexation of inhabited territory to a city when the assessed value of land within that territory proposed to be annexed equals one-half, or more, of that within the city, as shown by the last equalized assessment rolls, or the number of registered voters of the territory equals one-half, or more, of the number of registered voters within the city, as shown by the county register of voters, the commission shall require that an election called upon the question of confirming the annexation or reorganization shall also be called, held, and conducted within the territory of the city to which territory is proposed to be annexed. (Amended by Stats. 2002, Ch. 548, Sec. 22. Effective January 1, 2003.)
  118. 56764.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A city incorporation petition must be signed either by at least 25% of registered voters in the area, or by at least 25% of landowners who also own at least 25% of the land’s assessed value.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56764. A petition for the incorporation of a city shall be signed by either of the following: (a) Not less than 25 percent of the registered voters residing in the area to be incorporated, as determined by the commission pursuant to subdivision (f) of Section 56375. (b) Not less than 25 percent of the number of owners of land within the territory proposed to be incorporated who also own not less than 25 percent of the assessed value of land within the territory proposed to be incorporated, as shown on the last equalized assessment roll of the county. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  119. 56765.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A city disincorporation petition must be signed by at least 25% of the registered voters living in the city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56765. A petition for the disincorporation of a city shall be signed by not less than 25 percent of the registered voters residing in the city proposed to be disincorporated as shown on the county register of voters. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  120. 56766.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A petition to consolidate two or more cities must be signed by at least 5% of the registered voters in each affected city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56766. A petition for the consolidation of two or more cities shall be signed by not less than 5 percent of the registered voters of each affected city as shown on the county register of voters. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  121. 56767.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A petition to annex territory to a city must be signed by enough eligible supporters under one of two 5% thresholds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56767. A petition for annexation of territory to a city shall be signed by either of the following: (a) Not less than 5 percent of the number of registered voters residing within the territory proposed to be annexed as shown on the county register of voters. (b) Not less than 5 percent of the number of owners of land within the territory proposed to be annexed who also own 5 percent of the assessed value of land within the territory as shown on the last equalized assessment roll. (Amended by Stats. 2001, Ch. 388, Sec. 19. Effective January 1, 2002.)
  122. 56768.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    A petition to detach territory from a city must be signed by either qualified resident voters or qualified landowners.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56768. A petition for detachment of territory from a city shall be signed by either of the following: (a) Not less than 25 percent of the registered voters residing within the territory proposed to be detached, as shown on the county register of voters. (b) Not less than 25 percent of the number of owners of land within the territory proposed to be detached who also own 25 percent of the assessed value of land within the territory, as shown on the last equalized assessment roll. (Added by Stats. 2000, Ch. 761, Sec. 110. Effective January 1, 2001.)
  123. 56770.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. )

    Verify source ↗

    The commission must not approve or conditionally approve a proposal that includes disincorporation unless it makes all listed determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 3. Proceedings for Cities [56720 - 56770] ( Chapter 3 repealed and added by Stats. 2000, Ch. 761, Sec. 110. ) ## ARTICLE 4. Initiation by Petition [56764 - 56770] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 110. ) ## 56770. The commission shall not approve or conditionally approve any proposal that includes a disincorporation, unless, based on the entire record, the commission makes all of the following determinations: (a) The proposed disincorporation is consistent with the intent of this division to provide for a sustainable system for the delivery of services. (b) The commission has considered the service reviews of municipal services and spheres of influence of the affected local agencies, and the disincorporation will address the necessary changes to those spheres of influence, if any. (c) It has reviewed the comprehensive fiscal analysis prepared pursuant to Section 56804. (d) It has reviewed the executive officer’s report and recommendation prepared pursuant to Section 56665, and the oral or written testimony presented at its public hearing. (e) The service responsibilities of the city proposed for disincorporation have been assigned through terms and conditions authorized by Sections 56885.5, 56886, and 57302, and Chapter 5 (commencing with Section 57400) of Part 5. (Added by Stats. 2015, Ch. 304, Sec. 5. (AB 851) Effective January 1, 2016.)
  124. 56800.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. )

    Verify source ↗

    For incorporation proposals, the executive officer must prepare a comprehensive fiscal analysis.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. ) ## 56800. For any proposal that includes an incorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data are available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies are unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following: (a) The costs to the proposed city of providing public services and facilities during the three fiscal years following incorporation in accordance with the following criteria: (1) When determining costs, the executive officer shall include all direct and indirect costs associated with the current provision of existing services in the affected territory. These costs shall reflect the actual or estimated costs at which the existing level of service could be contracted by the proposed city following an incorporation, if the city elects to do so, and shall include any general fund expenditures used to support or subsidize a fee-supported service where the full costs of providing the service are not fully recovered through fees. The executive officer shall also identify which of these costs shall be transferred to the new city that result in an administrative cost reduction to other agencies. In the analysis, the executive officer shall also review how the costs of any existing services compare to the costs of services provided in cities with similar populations and similar geographic size that provide a similar level and range of services and shall make a reasonable determination of the costs expected to be borne by the newly incorporated city. (2) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be assumed by the new city and that are provided by state agencies in the area proposed to be incorporated. (b) The revenues of the proposed city during the three fiscal years following incorporation. (c) The effects on the costs and revenues of any affected local agency during the three fiscal years of incorporation. (d) Any other information and analysis needed to make the findings required by Section 56720. (Amended by Stats. 2001, Ch. 530, Sec. 4. Effective January 1, 2002.)
  125. 56801.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. )

    Verify source ↗

    For incorporation proposals, the executive officer must ask the Controller to review the fiscal analysis when an interested party requests it under the section’s procedure. The Controller must report within 45 days, and the executive officer must include that report in the recommendation. The commission may set procedures and the Controller may charge actual costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. ) ## 56801. (a) For any proposal that includes an incorporation, the executive officer shall, at the request of an interested party, which request is submitted pursuant to subdivision (b), and prior to issuing his or her report and recommendation pursuant to Section 56665, request the Controller to review the comprehensive fiscal analysis prepared pursuant to Section 56800. The request by an interested party shall specify in writing any element of the comprehensive fiscal analysis that the Controller is requested to review and the reasons the Controller is requested to review each element. (b) The commission may adopt written procedures for the acceptance, referral, and payment for a request for the Controller’s review, which shall include setting a time period during which an interested party is permitted to submit a request pursuant to subdivision (a). The time period for accepting a request shall not be less than 30 days following notice given in the same manner as specified in Section 56153. (c) Within 45 days of receiving the analysis, the Controller shall issue a report to the executive officer regarding the accuracy and reliability of the information, methodologies, and documentation used in the analysis. The times within which the executive officer or commission is required to act pursuant to this chapter shall be tolled for the time required by the Controller for completion of the report. The executive officer shall include the results of the Controller’s report into his or her own report and recommendation issued pursuant to Section 56665. (d) Notwithstanding Sections 56378 and 56386, the Controller may charge the commission for the actual costs incurred pursuant to this section. The commission may recover these costs by charging the person who requested the Controller’s review. (Repealed and added by Stats. 2000, Ch. 761, Sec. 118. Effective January 1, 2001.)
  126. 56802.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. )

    Verify source ↗

    San Joaquin County must fund incorporation-application costs for Mountain House Community Services District petitioners, but only once and only for eligible quasi-public or nonprofit organizations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. ) ## 56802. (a) For any proposal for incorporation of the territory within the Mountain House Community Services District, San Joaquin County shall provide the required funds to those petitioners filing the incorporation application for all costs involved in filing the application for incorporation pursuant to this division, including the preparation of the comprehensive fiscal analysis pursuant to Section 56800. (b) The funds provided by the county pursuant to this section shall not be construed to be a gift of public funds and may only be granted to a quasi-public or nonprofit organization formed for the purpose of pursuing incorporation of the Mountain House area. (c) San Joaquin County shall provide the funds required in subdivision (a) only one time, upon the first filing of application for incorporation. (Repealed and added by Stats. 2000, Ch. 761, Sec. 120. Effective January 1, 2001.)
  127. 56803.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. )

    Verify source ↗

    If the commission approves a city-incorporation proposal, it must accept or reject the listed findings and recommendations; if it rejects any of them, it must state the basis for the rejection.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. ) ## 56803. If the commission approves a proposal which includes the incorporation of a city, the resolution making determinations shall accept or reject each of the findings and recommendations made in the executive officer’s report prepared pursuant to Section 56665, and the fiscal analysis prepared pursuant to Section 56800. If the commission rejects a finding or recommendation, the resolution making determinations shall include findings by the commission which present the basis for any rejection. (Added by Stats. 2000, Ch. 761, Sec. 121. Effective January 1, 2001.)
  128. 56804.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. )

    Verify source ↗

    If a proposal includes disincorporation, the executive officer must prepare a comprehensive fiscal analysis, or have it prepared by contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 1. Comprehensive Fiscal Analysis [56800 - 56804] ( Article 1 heading added by Stats. 2000, Ch. 761, Sec. 113. ) ## 56804. For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following: (a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation. (b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure. (c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation. (d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation. (e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery. (f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal. (g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities. (h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments. (i) Any other information and analysis needed to make the findings required by Section 56770. (Amended by Stats. 2016, Ch. 163, Sec. 1. (AB 2032) Effective January 1, 2017.)
  129. 56810.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. )

    Verify source ↗

    This section requires the commission, county auditor, and executive officer to calculate and transfer property tax revenue in certain city or district reorganization proposals, and sets a 3-year deadline to challenge those determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. ) ## 56810. (a) (1) If the proposal includes the incorporation of a city, as defined in Section 56043, the commission shall determine the amount of property tax revenue to be exchanged by the affected local agency pursuant to this section and Section 56815. (2) If the proposal includes the formation of a district, as defined in Section 2215 of the Revenue and Taxation Code, and if the applicant is seeking a share of the 1 percent ad valorem property taxes, the commission shall determine the amount of property tax to be exchanged by the affected local agency pursuant to this section. (b) The commission shall notify the county auditor of the proposal and the services which the new jurisdiction proposes to assume within the area, and identify for the auditor the existing service providers within the area subject to the proposal. (c) If the proposal would not transfer all of an affected agency’s service responsibilities to the proposed city or district, the commission and the county auditor shall do all of the following: (1) The county auditor shall determine the proportion that the amount of property tax revenue derived by each affected local agency pursuant to subdivision (b) of Section 93 of the Revenue and Taxation Code bears to the total amount of revenue from all sources, available for general purposes, received by each affected local agency in the prior fiscal year. For purposes of making this determination and the determination required by paragraph (3), “total amount of revenue from all sources available for general purposes” means the total amount of revenue which an affected local agency may use on a discretionary basis for any purpose and does not include any of the following: (A) Revenue which, by statute, is required to be used for a specific purpose. (B) Revenue from fees, charges, or assessments which are levied to specifically offset the cost of particular services and do not exceed the cost reasonably borne in providing these services. (C) Revenue received from the federal government which is required to be used for a specific purpose. (2) The commission shall determine, based on information submitted by each affected local agency, an amount equal to the total net cost to each affected local agency during the prior fiscal year of providing those services which the new jurisdiction will assume within the area subject to the proposal. For purposes of this paragraph, “total net cost” means the total direct and indirect costs that were funded by general purpose revenues of the affected local agency and excludes any portion of the total cost that was funded by any revenues of that agency that are specified in subparagraphs (A), (B), and (C) of paragraph (1). (3) The commission shall multiply the amount determined pursuant to paragraph (2) for each affected local agency by the corresponding proportion determined pursuant to paragraph (1) to derive the amount of property tax revenue used to provide services by each affected local agency during the prior fiscal year within the area subject to the proposal. The county auditor shall adjust the amount described in the previous sentence by the annual tax increment according to the procedures set forth in Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code, to the fiscal year in which the new city or district receives its initial allocation of property taxes. (4) For purposes of this subdivision, in any county in which, prior to the adoption of Article XIII A of the California Constitution, and continuing thereafter, a separate fund or funds were established consisting of revenues derived from the unincorporated area of the county and from which fund or funds services rendered in the unincorporated area have been paid, the amount of property tax revenues derived pursuant to paragraph (3), may, at the discretion of the commission, be transferred to the proposed city over a period not to exceed 12 fiscal years following its incorporation. In determining whether the transfer of the amount of property tax revenues determined pursuant to paragraph (3) shall occur entirely within the fiscal year immediately following the incorporation of the proposed city or shall be phased in over a period not to exceed 12 full fiscal years following the incorporation, the commission shall consider each of the following: (A) The total amount of revenue from all sources available to the proposed city. (B) The fiscal impact of the proposed transfer on the transferring agency. (C) Any other relevant facts which interested parties to the exchange may present to the commission in written form. The decision of the commission shall be supported by written findings setting forth the basis for its decision. (d) If the proposal would transfer all of an affected agency’s service responsibilities to the proposed city or district, the commission shall request the auditor to determine the property tax revenue generated for the affected service providers by tax rate area, or portion thereof, and transmit that information to the commission. (e) The executive officer shall notify the auditor of the amount determined pursuant to paragraph (3) of subdivision (c) or subdivision (d), as the case may be, and, where applicable, the period of time within which and the procedure by which the transfer of property tax revenues will be effected pursuant to paragraph (4) of subdivision (c), at the time the executive officer records a certificate of completion pursuant to Section 57203 for any proposal described in subdivision (a), and the auditor shall transfer that amount to the new jurisdiction. (f) The amendments to this section enacted during the 1985–86 Regular Session of the Legislature shall apply to any proposal described in subdivision (a) for which a certificate of completion is recorded with the county recorder on or after January 1, 1987. (g) For purposes of this section, “prior fiscal year” means the most recent fiscal year for which data on actual direct and indirect costs and revenues needed to perform the calculations required by this section are available preceding the issuance of the certificate of filing. (h) An action brought by a city or district to contest any determinations of the county auditor or the commission with regard to the amount of property tax revenue to be exchanged by the affected local agency pursuant to this section shall be commenced within three years of the effective date of the city’s incorporation or the district’s formation. These actions may be brought by any city that incorporated or by any district that formed on or after January 1, 1986. (i) This section applies to any city that incorporated or district that formed on or after January 1, 1986. (j) The calculations and procedures specified in this section shall be made prior to and shall be incorporated into the calculations specified in Section 56815. (Amended by Stats. 2024, Ch. 70, Sec. 1. (AB 3277) Effective January 1, 2025.)
  130. 56811.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. )

    Verify source ↗

    If a new special district is proposed, the commission must determine the district’s appropriations limit, and the district’s governing body must work out the proposed permanent limit for voters.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. ) ## 56811. (a) If a proposal includes the formation of a new special district, the commission shall determine the appropriations limit of the district in accordance with Section 7902.7 and Article XIII B of the California Constitution. The commission shall determine the provisional appropriations limit of the district in the following manner: (1) Estimate the amount of revenue anticipated to be received by the district from the proceeds of taxes for the first full fiscal year of operation. (2) Adjust the amount determined in paragraph (1) for the estimated change in the cost of living and population in the next full fiscal year of operation and any other changes that may be required or permitted by Article XIII B of the California Constitution. (b) The governing body of the district shall determine the proposed permanent appropriations limit of the district to be submitted to the voters in the following manner: (1) Determine the amount of revenue actually received by the district from the proceeds of taxes for the first full fiscal year of operation. (2) Adjust the amount determined in paragraph (1) for the estimated change in the cost of living and population in the next full fiscal year of operation and any other changes that may be required or permitted by Article XIII B of the California Constitution. (c) The permanent appropriations limit of the district shall be set at the first district election that is held following the first full fiscal year of operation and shall not be considered to be a change in the appropriations limit of the district pursuant to Section 4 of Article XIII B of the California Constitution. (Amended by Stats. 2007, Ch. 244, Sec. 9. Effective January 1, 2008.)
  131. 56812.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. )

    Verify source ↗

    If a city incorporation proposal is involved, the commission must determine a provisional appropriations limit, and the city’s governing body must determine a proposed permanent appropriations limit for voters.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. ) ## 56812. (a) If a proposal includes the incorporation of a city, the commission shall determine the provisional appropriations limit of the city in accordance with Section 7902.7 and Article XIII B of the California Constitution. The commission shall determine the provisional appropriations limit of the city in the following manner: (1) Estimate the amount of revenue anticipated to be received by the city from the proceeds of taxes for the first full fiscal year of operation. (2) Adjust the amount determined in paragraph (1) for the estimated change in the cost of living and population in the next full fiscal year of operation and such other changes as may be required or permitted by Article XIII B of the California Constitution. (b) The governing body of the city shall determine the proposed permanent appropriations limit of the city to be submitted to the voters in the following manner: (1) Determine the amount of revenue actually received by the city from the proceeds of taxes for the first full fiscal year of operation. (2) Adjust the amount determined in paragraph (1) for the estimated change in the cost of living and population in the next full fiscal year of operation and such other changes as may be required or permitted by Article XIII B of the California Constitution. (c) The permanent appropriations limit of the city shall be set at the first municipal election which is held following the first full fiscal year of operation and shall not be considered to be a change in the appropriations limit of the city pursuant to Section 4 of Article XIII B of the California Constitution. (Added by Stats. 2000, Ch. 761, Sec. 122. Effective January 1, 2001.)
  132. 56813.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. )

    Verify source ↗

    For city disincorporation proposals, the commission and county auditor must calculate and transfer property tax revenue amounts, and related actions must be completed within specified steps and deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. ) ## 56813. (a) If the proposal includes the disincorporation of a city, as defined in Section 56034, the commission shall determine the amount of property tax revenue to be exchanged by the affected city and any successor or affected local agency pursuant to this section. (b) The commission shall notify the county auditor of the proposal, the affected local agencies to be extinguished, and the services proposed to be transferred to new jurisdictions, and identify for the auditor the changes to occur. (c) If the proposal would not transfer all of the service responsibilities of the disincorporating city to the affected county or to a single affected agency, the commission and the county auditor shall do all of the following: (1) The county auditor shall determine the proportion that the amount of property tax revenue derived by the city being disincorporated pursuant to subdivision (b) of Section 93 of the Revenue and Taxation Code bears to the total amount of revenue from all sources, available for general purposes, received by the city being disincorporated in the prior fiscal year and provide his or her response within 15 days of receiving notification from the commission pursuant to subdivision (b). For purposes of making this determination and the determination required by paragraph (3), “total amount of revenue from all sources available for general purposes” means the total amount of revenue which the city being disincorporated may use on a discretionary basis for any purpose and does not include any of the following: (A) Revenue that, by statute or ordinance, is required to be used for a specific purpose. (B) Revenue from fees, charges, or assessments that are levied to specifically offset the cost of particular services and that do not exceed the cost reasonably borne in providing these services. (C) Revenue received from the federal government that is required to be used for a specific purpose. (2) The commission shall determine, based on information submitted by the city being disincorporated, an amount equal to the total net cost to that city during the prior fiscal year of providing those services that an affected agency will assume within the area subject to the proposal. For purposes of this paragraph, “total net cost” means the total direct and indirect costs that were funded by general purpose revenues of the city being disincorporated and excludes any portion of the total cost that was funded by any revenues of that agency that are specified in subparagraphs (A), (B), and (C) of paragraph (1). (3) For the services to be transferred to each affected local agency, the commission shall multiply the amount determined pursuant to paragraph (2) by the proportion determined pursuant to paragraph (1) to derive the amount of property tax revenue used to provide services by the city being disincorporated during the prior fiscal year within the area subject to the proposal. The county auditor shall adjust the amount so determined by the annual tax increment pursuant to the procedures set forth in Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code, to the fiscal year in which the affected agency receives its next allocation of property taxes. (d) If the proposal for disincorporation would transfer all of the service responsibilities of the city proposed for disincorporation, other than those that are proposed to be discontinued, to a single successor, the commission shall request the auditor to determine the property tax revenue allocated to the city being disincorporated by tax rate area, or portion thereof, and transmit that information to the commission. (e) The executive officer shall notify the auditor of the amount determined pursuant to subdivision (c) or (d), as the case may be, and, where applicable, the period of time within which and the procedure by which the transfer of property tax revenues will be effected pursuant to this section, at the time the executive officer records a certificate of completion pursuant to Section 57203 for any proposal described in subdivision (a), and the auditor shall transfer that amount to the affected agency or agencies that will assume the services as determined by the commission. Any property tax not transferred to an affected agency pursuant to subdivision (c) shall be transferred to the affected county. (f) For purposes of this section, “prior fiscal year” means the most recent fiscal year preceding the issuance of the certificate of filing for which data is available on actual direct and indirect costs and revenues needed to perform the calculations required by this section. (g) Any action brought by a city, county, or district to contest any of the determinations of the county auditor or the commission with regard to the amount of property tax revenue to be exchanged by the affected local agencies pursuant to this section shall be commenced within three years of the effective date of the disincorporation. (Added by Stats. 2015, Ch. 304, Sec. 7. (AB 851) Effective January 1, 2016.)
  133. 56814.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. )

    Verify source ↗

    If a proposal disincorporates a city and assigns its property tax revenues to a successor, the commission must make specified appropriations-limit determinations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 2. Property Tax Exchange [56810 - 56814] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 122. ) ## 56814. If the proposal includes the disincorporation of a city, as defined in Section 56034, with the assignment of property tax revenues to a successor the commission shall make the following determinations, as appropriate: (a) The increase of the appropriations limit for the successor if the successor is an existing entity. (b) The appropriations limit for a new special district through a formation process as defined by Section 56810. (Added by Stats. 2015, Ch. 304, Sec. 8. (AB 851) Effective January 1, 2016.)
  134. 56815.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. )

    Verify source ↗

    The commission cannot approve an incorporation proposal unless specified revenues and expenditures are substantially equal, but it may still approve the proposal if the county and all subject agencies agree or if the negative fiscal effect has been adequately mitigated.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. ) ## 56815. (a) It is the intent of the Legislature that any proposal that includes an incorporation should result in a similar exchange of both revenue and responsibility for service delivery among the county, the proposed city, and other subject agencies. It is the further intent of the Legislature that an incorporation should not occur primarily for financial reasons. (b) The commission shall not approve a proposal that includes an incorporation unless it finds that the following two quantities are substantially equal: (1) Revenues currently received by the local agency transferring the affected territory that, but for the operation of this section, would accrue to the local agency receiving the affected territory. (2) Expenditures, including direct and indirect expenditures, currently made by the local agency transferring the affected territory for those services that will be assumed by the local agency receiving the affected territory. (c) Notwithstanding subdivision (b), the commission may approve a proposal that includes an incorporation if it finds either of the following: (1) The county and all of the subject agencies agree to the proposed transfer. (2) The negative fiscal effect has been adequately mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to Section 56886. (d) Nothing in this section is intended to change the distribution of growth on the revenues within the affected territory unless otherwise provided in the agreement or agreements specified in paragraph (2) of subdivision (c). (e) Any terms and conditions that mitigate the negative fiscal effect of a proposal that contains an incorporation shall be included in the commission resolution making determinations adopted pursuant to Section 56880 and the terms and conditions specified in the questions pursuant to Section 57134. (Amended by Stats. 2001, Ch. 530, Sec. 5. Effective January 1, 2002.)
  135. 56815.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. )

    Verify source ↗

    The Governor’s Office of Planning and Research must convene a task force and complete statewide incorporation guidelines by the stated deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. ) ## 56815.2. By July 1, 2001, the Governor’s Office of Planning and Research, in consultation with the Controller, shall convene a task force composed of representatives of cities, counties, special districts, and local agency formation commissions, as nominated by their statewide organizations and associations, with expertise in local government fiscal issues for the purpose of creating statewide guidelines for the incorporation process. The guidelines shall be completed by January 1, 2002, by the Office of Planning and Research and shall serve as minimum statewide guidelines for the incorporation process. The guidelines shall include, but not be limited to, information to assist incorporation proponents to understand the incorporation process, its timelines, and likely costs. They shall also provide direction to affected agencies regarding the type of information that should be included in the comprehensive fiscal analysis of an incorporation, as well as suggestions for alternative ways to achieve fiscally neutral incorporations. The guidelines shall be advisory to the commissions in the review of incorporation proposals. (Added by Stats. 2000, Ch. 761, Sec. 124. Effective January 1, 2001.)
  136. 56816.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. )

    Verify source ↗

    For a city disincorporation proposal, the city must give the commission a written statement certifying specified debt, cash, unpaid obligations, and liabilities before a certificate of filing is issued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 4. Fiscal Provisions [56800 - 56816] ( Heading of Chapter 4 amended by Stats. 2000, Ch. 761, Sec. 112. ) ## ARTICLE 3. Revenue Neutrality [56815 - 56816] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 123. ) ## 56816. (a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658: (1) The indebtedness of the city. (2) The amount of money in the city’s treasury. (3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected. (4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions. (b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code. (Amended by Stats. 2016, Ch. 165, Sec. 5. (AB 2910) Effective January 1, 2017.)
  137. 56821.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    A commission or the legislative body of an independent special district in a county may adopt a resolution to start proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56821. Either the commission or the legislative body of any independent special district within a county may adopt a resolution initiating proceedings as follows: (a) It may propose representation of special districts upon the commission. (b) It may propose the repeal of regulations affecting the functions and services of special districts. (Amended by Stats. 2001, Ch. 667, Sec. 8. Effective January 1, 2002.)
  138. 56821.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    If the commission adopts a resolution under Section 56821, the executive officer must promptly call the selection committee to meet within 15 to 35 days, and the committee must vote to approve or disapprove the resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56821.1. If the commission adopts a resolution pursuant to subdivision (a) of Section 56821, the executive officer shall immediately call a meeting of the independent special district selection committee referred to in Section 56332. The meeting shall be held not less than 15, or more than 35, days from the adoption of the resolution by the commission. The independent special district selection committee shall meet at the time and place designated by the executive officer and shall consider the resolution adopted by the commission. By majority vote of those district representatives voting on the issue, the selection committee shall either approve or disapprove the resolution adopted by the commission. If the selection committee approves the resolution adopted by the commission, it shall immediately inform the executive officer of that action, and the commission at its next meeting shall adopt a resolution of intention pursuant to Section 56822. If the selection committee disapproves the resolution adopted by the commission, it shall immediately inform the executive officer of this action and all further proceedings under this chapter shall cease. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  139. 56821.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    An independent special district that adopts a certain resolution must immediately send a copy to the executive officer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56821.3. If an independent special district adopts a resolution pursuant to subdivision (a) of Section 56821, it shall immediately forward a copy of the resolution to the executive officer. Upon receipt of those resolutions from a majority of independent special districts within a county, adopted by the districts within one year from the date that the first resolution was adopted, the commission, at its next regular meeting, shall adopt a resolution of intention pursuant to Section 56822. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  140. 56821.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    An independent special district must file a certified copy of certain resolutions with the executive officer, and if enough districts have filed matching resolutions, the commission must adopt a resolution of intention within 35 days after filing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56821.5. A certified copy of any resolution which has been adopted by an independent special district pursuant to subdivision (b) of Section 56821 shall be filed with the executive officer. If a resolution, or substantially identical resolution, has been filed by a majority of independent special districts within the county, then, not later than 35 days after the filing, the commission shall adopt a resolution of intention in accordance with the filed resolution or resolutions. (Amended by Stats. 2001, Ch. 667, Sec. 9. Effective January 1, 2002.)
  141. 56822.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    After the required prerequisite sections are complied with, the commission must adopt a resolution of intention.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56822. Whenever the commission, or the independent special districts, as the case may be, have complied with the applicable provisions of Sections 56821, 56821.1, 56821.3, and 56821.5, the commission shall adopt a resolution of intention pursuant to this section. The resolution of intention shall do all of the following: (a) State whether the proceedings are initiated by the commission or by an independent special district or districts, in which case, the names of those districts shall be set forth. (b) If the resolution of intention proposes only the repeal of regulations affecting the functions and services of special districts, it shall state that the commission proposes either of the following: (1) To consider the proposal without reference to a special district advisory committee, in which case the resolution shall contain the text of the regulations proposed to be repealed. (2) To refer the proposal to a special district advisory committee for study, report, and recommendation, in which case the resolution shall include the regulations proposed to be repealed. In addition, the resolution of intention adopted pursuant to this subdivision shall also fix a time, not less than 15 or more than 35 days after the adoption of the resolution of intention, and the place of hearing by the commission on the question of whether the proposal made by the resolution should be disapproved, approved, and ordered without reference to a special district advisory committee, or referred to a special district advisory committee for study, report, and recommendation to the commission. (c) If the resolution of intention proposes representation of special districts on the commission, it shall state that the commission proposes to refer the proposal to a special district advisory committee and the commission shall immediately order the proposal referred to that committee pursuant to Section 56823. (Amended by Stats. 2001, Ch. 667, Sec. 11. Effective January 1, 2002.)
  142. 56822.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    If a hearing is called under Section 56822(b), the executive officer must notify the hearing by publication, posting, and mailing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56822.3. If a hearing is called pursuant to subdivision (b) of Section 56822, the executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and 56159, and by mailing to the clerk of the county and each local agency within the county, as provided in Sections 56155, 56156, and 56157. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  143. 56822.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    The commission must hold the hearing at the specified or continued time and place, then adopt one of the listed resolutions after the hearing ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56822.5. The hearing referred to in Section 56822.3 shall be held by the commission at the time and place specified or to which the hearing may be continued. After the conclusion of the hearing, the commission shall adopt a resolution disapproving the proposal made by the resolution of intention, approving and ordering the proposal without reference to a special district advisory committee, or ordering the proposal referred to a special district advisory committee for study, report, and recommendation. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  144. 56823.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    If the commission sends a proposal to a special district advisory committee, the committee’s appointment and proceedings must generally follow Chapter 6 rules, and the committee cannot be terminated until the commission acts on its report and recommendation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56823. If the commission orders a proposal referred to a special district advisory committee for study, report, and recommendation, the appointment of, and proceedings by, the advisory committee shall be made and taken substantially in accordance with the provisions of Chapter 6 (commencing with Section 56826), pertaining to reorganization committees, except that the advisory committee shall not be terminated until after the commission acts upon the report and recommendation of the advisory committee. When applied to proceedings taken pursuant to this chapter: (a) “Plan of reorganization” means a plan containing the text of regulations affecting the functions and services of special districts. (b) “Proposal of reorganization,” “reorganization,” or “change of organization” means a proposal made pursuant to this chapter. (c) “Reorganization committee” means the special district advisory committee. (d) “Subject district” means an independent special district affected by a proposal made pursuant to this chapter. If the commission is of the opinion that special districts, other than independent special districts, may be affected by the proposal, then, in addition to the appointment of voting members to the advisory committee to represent independent special districts, the commission may authorize the legislative bodies of special districts, other than independent special districts, to appoint nonvoting members to the advisory committee. Any nonvoting member shall have all of the rights of a voting member except the right to vote. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  145. 56824.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    A special district advisory committee may create an executive committee, set its voting membership, and direct it to prepare reports and recommendations; the full committee can reject, adopt, or rewrite those recommendations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56824. Where a special district advisory committee consists of voting members representing more than five independent special districts, the advisory committee may appoint an executive committee to undertake all or part of the study and may authorize the executive committee to prepare a tentative report and recommendation for submission to and approval by the full advisory committee. The executive committee shall consist of the number of voting members as the advisory committee may determine. If the commission authorizes the appointment of nonvoting members to the advisory committee, those nonvoting members may appoint members to the executive committee in numbers not exceeding those appointed by the voting members and any nonvoting member appointed to the executive committee shall have all of the rights of a voting member on the committee, except the right to vote. Upon completion of the studies of the executive committee, the executive committee shall report to the full advisory committee and submit any tentative report and recommendation prepared by the executive committee. Thereafter, the advisory committee may reject any tentative report and recommendation submitted, may adopt any tentative report and recommendation submitted, either as submitted by the executive committee or as changed by the full advisory committee, or the advisory committee may prepare its own report and recommendation. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  146. 56824.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    The commission must act within 35 days after the report and recommendation is filed, and in some cases may disapprove it or choose a hearing process.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56824.1. Not later than 35 days after the filing with the executive officer of the report and recommendation of a special district advisory committee, the commission shall take one of the following actions: (a) If the report concerns only the repeal of regulations affecting the functions and services of special districts, the commission may do either of the following: (1) Disapprove the report without further notice and hearing. (2) Adopt a resolution of intention to hold a hearing on the report pursuant to subdivision (c). (b) If the report concerns a request for special district representation on the commission, the commission shall adopt a resolution declaring its intention to approve the report and recommendation. (c) A resolution of intention shall do all of the following: (1) Refer to the report and recommendation of the special district advisory committee, generally describe the nature and contents of the report and recommendation, and refer to the report and recommendation on file with the executive officer for a detailed description report and recommendation. (2) Declare the intention of the commission to approve the recommendation and report, as filed. (3) Fix a time, not less than 15 days, or more than 35 days, after the adoption of the resolution of intention, and the place of hearing by the commission, on the question of whether the report and recommendation filed by the special district advisory committee should be approved, either as filed or as ordered changed by the commission after notice and hearing. (Amended by Stats. 2001, Ch. 667, Sec. 12. Effective January 1, 2002.)
  147. 56824.10.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. )

    Verify source ↗

    Commission proceedings for certain service changes in a special district may be started by a resolution of application under this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. ) ## 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. (Amended by Stats. 2008, Ch. 196, Sec. 3. Effective January 1, 2009.)
  148. 56824.12.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. )

    Verify source ↗

    A special district’s proposal for new or different services must be adopted by resolution, filed with the executive officer, and preceded by a public hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. ) ## 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. (Amended by Stats. 2008, Ch. 196, Sec. 4. Effective January 1, 2009.)
  149. 56824.14.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. )

    Verify source ↗

    The commission reviews special-district proposals for new or different services, may approve them with conditions, and must give advance notice and consider testimony at the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1.5. New or Different Services [56824.10 - 56824.14] ( Article 1.5 added by Stats. 2001, Ch. 667, Sec. 13.5. ) ## 56824.14. (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, 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. (Amended by Stats. 2022, Ch. 89, Sec. 3. (SB 938) Effective January 1, 2023.)
  150. 56824.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    The executive officer must give notice of the hearing by publication, posting, and mailing notice to the county clerk and each local agency in the county.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56824.3. The executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and 56159, and by mailing to the clerk of the county and each local agency within the county, as provided in Sections 56155, 56156, and 56157. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  151. 56824.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    The commission must hold the hearing, may propose changes during it, and must adopt a resolution within 30 days after the hearing ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56824.5. The hearing shall be held by the commission at the time and place specified or to which the hearing may be continued. During the course of the hearing, the commission may propose changes in the report and recommendations. Any proposed changes shall be referred, for review, to the special district advisory committee, or if the advisory committee has appointed an executive committee, to that executive committee. The advisory committee, or the executive committee, shall have 60 days to report back to the commission. If no report is received by the commission within 60 days, the advisory committee shall be deemed to have approved the proposed changes in the report and recommendation. Within 30 days after the conclusion of the hearing, the commission shall adopt a resolution approving the report and recommendation, either as filed or as those regulations may be changed by the commission. (Added by Stats. 2000, Ch. 761, Sec. 126. Effective January 1, 2001.)
  152. 56824.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. )

    Verify source ↗

    A resolution approving the advisory committee report must order repeal of regulations and, in some cases, require the commission chairperson to call and notice a meeting within 15 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 1. Representation and Functions [56821 - 56824.7] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 126. ) ## 56824.7. Any resolution approving the report and recommendation of a special district advisory committee, either as filed or as changed by the commission, shall order both of the following: (a) The repeal of regulations, in accordance with the recommendations of the approved report. (b) The chairperson of the commission to call and give notice of a meeting of the independent special district selection committee to be held within 15 days after the adoption of the resolution if special district representatives on the commission are to be selected pursuant to Section 56332. (Amended by Stats. 2001, Ch. 667, Sec. 13. Effective January 1, 2002.)
  153. 56825.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission has the powers and duties listed in Part 2 and any extra powers and duties given in this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56825. The commission shall have the powers and duties set forth in Part 2 (commencing with Section 56300) and the additional powers and duties specified in this chapter. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  154. 56826.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    A reorganization plan must provide for changes of organization for each subject district and may include formation of one or more new districts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56826. A reorganization or a plan of reorganization shall provide for one or more changes of organization of any type for each of the subject districts and may provide for the formation of one or more new districts pursuant to the principal act or acts designated in the reorganization or plan of reorganization and Section 56100. (Repealed and added by Stats. 2000, Ch. 761, Sec. 130. Effective January 1, 2001.)
  155. 56826.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission may approve certain special-district reorganization proposals only if specific conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56826.5. (a) A proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act shall only be approved by the commission if both the following conditions are met: (1) The commission is able to designate a successor or successors, or form a new district or districts, authorized by their respective principal acts to deliver all of the services provided by the consolidating districts at the time of consolidation. (2) The commission makes the determinations specified in subdivision (b) of Section 56881. (b) If a proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act is initiated by the commission pursuant to subdivision (a) of Section 56375, it shall only be approved if the commission has prepared a study pursuant to Section 56378 or the written statement of determinations specified in subdivision (a) of Section 56430, and all of the following conditions are met: (1) Each of the services provided by the districts subject to the proposal will be provided by a successor or successors, or by the formation of a new district authorized under a principal act to deliver the services. The commission may designate a successor other than the districts subject to the proposal only if the successor is currently providing the same service provided by one or more of the districts subject to the proposal. The commission shall not designate a city as a successor unless the city contains 70 percent or more of the area of land within one of the districts subject to the proposal, or the combined territory of two or more of the districts subject to the proposal, within its boundaries, and 70 percent or more of the number of registered voters of the district or the combined districts who reside within the boundaries of the city. (2) The public services costs of the proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service. (3) The proposal that the commission is approving promotes public access and accountability for community services needs and financial resources. (Amended by Stats. 2007, Ch. 98, Sec. 6. Effective January 1, 2008.)
  156. 56827.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission may handle a reorganization proposal without first sending it to a reorganization committee, except in the cases described here.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56827. (a) Except as provided in subdivision (b), upon the presentation of any petition or applications making a proposal for a reorganization, the commission may take proceedings pursuant to Part 3 (commencing with Section 56650) without referring the proposal to a reorganization committee, as provided in this part. (b) The commission may refer to a reorganization committee any incorporation proposal that includes, or may be modified to include, any of the following changes of organization affecting an independent special district: consolidation, dissolution, formation, merger, or establishment of a subsidiary district. (c) If the commission has initiated a change of organization or reorganization that affects more than one special district, the commission may, and is encouraged to, utilize a reorganization committee to review the proposal. (Amended by Stats. 2012, Ch. 62, Sec. 7. (AB 2698) Effective January 1, 2013.)
  157. 56828.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission may set up a public hearing before a reorganization proposal is sent to a reorganization committee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56828. Before any proposal for reorganization is referred to any reorganization committee, the commission may provide for a public hearing on the question of whether the proposal should be disapproved or referred to a reorganization committee and set a time and place for that hearing. (Repealed and added by Stats. 2000, Ch. 761, Sec. 135. Effective January 1, 2001.)
  158. 56829.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The executive officer must give notice of the hearing by publication and by posting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56829. The executive officer shall give notice of that hearing by publication, as provided in Sections 56153 and 56154, and by posting, as provided in Sections 56158 and 56159. (Repealed and added by Stats. 2000, Ch. 761, Sec. 138. Effective January 1, 2001.)
  159. 56830.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The executive officer must mail notice of any hearing to the listed persons and entities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56830. The executive officer shall also give mailed notice of any hearing, as provided in Sections 56155 to 56157, inclusive, by mailing notice of hearing to all of the following persons and entities: (a) Each affected city and affected district. (b) The chief petitioners, if any. (c) Each person who has filed a written request for special notice with the executive officer. (Repealed and added by Stats. 2000, Ch. 761, Sec. 140. Effective January 1, 2001.)
  160. 56831.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission must hold the hearing at the noticed date, time, and place, and then adopt a resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56831. The hearing shall be held by the commission on the date and at the time and place specified in the notice. After the conclusion of the hearing, the commission shall adopt a resolution doing either of the following: (a) Disapproving the proposal of reorganization. (b) Ordering the proposal referred to a reorganization committee for study, report, and recommendation. (Repealed and added by Stats. 2000, Ch. 761, Sec. 142. Effective January 1, 2001.)
  161. 56832.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission and affected local governments may support a reorganization committee by accepting or making contributions, making facilities available, and authorizing officers or employees to provide advice, assistance, or services.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56832. The commission may accept contributions from any source for the purpose of paying the expenses of a reorganization committee in the conduct of its study, report, and recommendation. Any affected county, affected city, or affected district may make contributions for that purpose. The commission and any affected county, affected city, or affected district may make any of its facilities available for the use of a reorganization committee and may authorize any of its officers and employees to furnish advice, assistance, or services to the committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 144. Effective January 1, 2001.)
  162. 56833.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If the commission adopts a resolution sending a reorganization proposal to a reorganization committee, it must include specified details and set meeting and reporting dates.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56833. Any resolution adopted by the commission ordering a proposal of reorganization referred to a reorganization committee shall do all of the following: (a) Describe the proposed reorganization and designate the subject districts (the description and designation may be by reference to the proposal). (b) Specify the maximum number of members, not to exceed three, to represent each subject district on the committee. (c) Fix a time and place for the first meeting of the reorganization committee. (d) Designate a date, not less than 60 days from the date of the first meeting of the committee, for the completion and submission to the commission of the report and recommendation of the committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 146. Effective January 1, 2001.)
  163. 56834.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    During study of a proposed reorganization plan, the commission may extend deadlines, change the scope of the study, and authorize the committee to work on alternative reorganization plans.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56834. From time to time during the course of study upon a proposed plan of reorganization, the commission may do any of the following: (a) Extend the time for completion and submission of the report and recommendation of a reorganization committee. (b) Change the scope of the study by the addition or deletion of territory or subject districts, except that the authority granted to a commission under this subdivision shall not apply to a change of organization or reorganization as described in subdivision (a) of Section 56853. (c) Authorize the committee to develop, study, report, and make recommendations upon alternative plans of reorganization. (Amended by Stats. 2001, Ch. 667, Sec. 14. Effective January 1, 2002.)
  164. 56835.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The executive officer must mail the commission’s resolution to each subject district at least 15 days before the first meeting of a reorganization committee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56835. At least 15 days before the date of the first meeting of a reorganization committee, the executive officer shall mail a copy of the resolution adopted by the commission to each subject district designated in the resolution. (Repealed and added by Stats. 2000, Ch. 761, Sec. 153. Effective January 1, 2001.)
  165. 56836.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    Any person, including certain district officials or employees, may be appointed to represent the district on a reorganization committee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56836. Any person, including, but not limited to, a member of the legislative body of a subject district and an officer or employee of the district, may be appointed as a member to represent the district upon a reorganization committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 155. Effective January 1, 2001.)
  166. 56837.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    Affected district legislative bodies, county boards of supervisors, and the commission must appoint members to a reorganization committee, and some appointing bodies may later remove, replace, or fill vacancies in their appointees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56837. (a) The legislative body of each affected district shall appoint one or more members, not to exceed the maximum number specified by the commission, to represent the district on the reorganization committee. That legislative body may remove and replace any member previously appointed by it, and may fill any vacancy in its membership upon the committee. (b) In the case of a reorganization committee created pursuant to subdivision (b) of Section 56827, the county board of supervisors shall appoint one or more members, not to exceed the maximum number specified by the commission, to represent the county on the reorganization committee. The county board of supervisors may appoint any person, including, but not limited to, an officer or employee of the county to represent the county on the reorganization committee. The county board of supervisors may remove and replace any member previously appointed by it, and may fill any vacancy in its membership on the committee. (c) In the case of a reorganization committee created pursuant to subdivision (b) of Section 56827, the commission shall appoint one or more members to represent the general public on the reorganization committee. The number of members appointed to represent the general public shall not exceed the maximum number specified by the commission to represent the county or each subject district. A member appointed pursuant to this subdivision shall not be an officer or employee of any local agency. The commission may remove and replace any member previously appointed by it, and may fill any vacancy in its membership on the committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 157. Effective January 1, 2001.)
  167. 56838.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The clerk of a subject district must give immediate notice to the executive officer of all appointments and removals made by the legislative body to a reorganization committee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56838. The clerk of a subject district shall give immediate notice to the executive officer of all appointments and removals made by the legislative body to a reorganization committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 159. Effective January 1, 2001.)
  168. 56839.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If a subject district’s legislative body does not appoint committee members after a written request from the executive officer, the commission may appoint those members.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56839. At any time after the date fixed for the first meeting of a reorganization committee or during the course of the study by the committee, if the legislative body of any subject district, after written request by the executive officer, does not appoint any members to the committee, those members may be appointed by the commission. (Repealed and added by Stats. 2000, Ch. 761, Sec. 161. Effective January 1, 2001.)
  169. 56840.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If the commission changes the scope of a study on a proposed reorganization plan, the reorganization committee must be updated right away.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56840. If, during the course of study upon a proposed plan of reorganization, the commission authorizes a change in the scope of the study, the membership of the reorganization committee shall be immediately changed to exclude representatives of each district or city for which a change of organization is no longer proposed and to include representatives of each district or city for which a new change of organization is proposed. (Repealed and added by Stats. 2000, Ch. 761, Sec. 164. Effective January 1, 2001.)
  170. 56841.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    A reorganization committee must choose a presiding officer and secretary and set its own standards, meeting time and place, and study/report/recommendation process, subject to commission-adopted regulations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56841. Subject to any standards and procedures adopted by regulation by the commission, a reorganization committee shall provide for the selection of a presiding officer and secretary either of whom may but are not required to be members of the committee, adopt the standards and procedures which it deems advisable, fix the time and place for meetings of the committee, and determine the manner and method to be followed by the committee in its study, report, and recommendation. (Repealed and added by Stats. 2000, Ch. 761, Sec. 167. Effective January 1, 2001.)
  171. 56842.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    A reorganization committee has a quorum when members representing at least half of the subject districts are present, and each subject district gets one vote at committee meetings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56842. A quorum shall be deemed to be present at a meeting of a reorganization committee if members representing one-half or more of the subject districts are present. Each subject district shall be entitled to one vote at any reorganization committee meeting, which vote shall be determined by a majority of the members of the district present at the meeting. (Repealed and added by Stats. 2000, Ch. 761, Sec. 169. Effective January 1, 2001.)
  172. 56843.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If the committee misses the commission’s deadline or cannot agree, the commission may disband it or add more members.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56843. If a reorganization committee does not complete and submit its report and recommendation before the date specified by the commission or, prior to that date, if members of the committee representing one-half or more of the subject districts report to the commission that the committee is unable to agree upon the report and recommendation, the commission may either order the discharge of the committee, or appoint additional members to the committee, not to exceed the maximum number authorized for a single subject district, to represent the public and order the committee, as so enlarged, to continue its study. (Repealed and added by Stats. 2000, Ch. 761, Sec. 175. Effective January 1, 2001.)
  173. 56844.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If the commission discharges a reorganization committee, the commission may prepare a study, report, and recommendation on a reorganization plan instead of the committee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56844. If the commission orders the discharge of a reorganization committee, the commission may make a study, report, and recommendation upon a plan of reorganization in the place of the reorganization committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 177. Effective January 1, 2001.)
  174. 56845.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    If the commission adds public members to the reorganization committee and orders it to continue, those additional members get the same rights and powers as single-subject-district members.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56845. If the commission appoints additional members to the reorganization committee to represent the public and orders the reorganization committee, as so enlarged, to continue its study, the additional members shall have all of the rights and powers of members representing a single subject district, including participation in all studies, reports, and recommendations, attendance at all meetings, and the casting of a single vote on behalf of all of the additional members on any matter before the committee. (Repealed and added by Stats. 2000, Ch. 761, Sec. 182. Effective January 1, 2001.)
  175. 56846.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    Officers of affected counties, cities, or districts must provide certain records to a reorganization committee and confer with it about local problems and affairs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56846. Every officer of any affected county, affected city, or affected district shall make available to a reorganization committee any records, reports, maps, data, or other documents which in any way affect or pertain to the committee’s study, report, and recommendation and shall confer with the committee concerning the problems and affairs of that county, city, or district. (Repealed and added by Stats. 2000, Ch. 761, Sec. 184. Effective January 1, 2001.)
  176. 56847.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    After finishing its study, a reorganization committee must prepare and submit a report and recommendation to the commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56847. Upon completion of the study of a reorganization committee, the committee shall prepare and submit to the commission a report and recommendation containing all of the following: (a) A brief summary of the nature and extent of the study of the committee. (b) A full and complete description of the plan of reorganization and any alternative plans of reorganization which were studied by the committee. (c) The recommendation of the committee for the approval or disapproval of all or any part of the plan of reorganization and of any alternative plans of reorganization. (Repealed and added by Stats. 2000, Ch. 761, Sec. 186. Effective January 1, 2001.)
  177. 56848.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    A reorganization committee can approve the report and recommendation only if more than half of the subject districts represented on the committee vote yes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56848. Approval by a reorganization committee of the report and recommendation shall require the affirmative vote of more than one-half of the subject districts represented on the reorganization committee. (Added by Stats. 2000, Ch. 761, Sec. 187. Effective January 1, 2001.)
  178. 56849.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The reorganization committee must file its report and recommendation with the executive officer and send a copy to each subject district clerk.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56849. The reorganization committee shall file the original of its report and recommendation with the executive officer and a copy of the report and recommendation with the clerk of each subject district. Upon filing that report and recommendation with the executive officer, the reorganization committee shall be terminated. However, the commission may cause the committee to be reconvened at any time for the sole purpose of correcting or clarifying any error, omission, or uncertainty appearing in the report and recommendation, as determined by the commission. (Repealed and added by Stats. 2000, Ch. 761, Sec. 191. Effective January 1, 2001.)
  179. 56853.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission must approve or conditionally approve qualifying consolidation or reorganization proposals, but it can only make material changes and take further action subject to notice, consent, and hearing rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56853. (a) If a majority of the members of each of the legislative bodies of two or more local agencies adopt substantially similar resolutions of application making proposals either for the consolidation of districts or for the reorganization of all or any part of the districts into a single local agency, the commission shall approve, or conditionally approve, the proposal. (b) Except as provided in subdivision (c), a commission may order any material change in the provisions or the terms and conditions of the consolidation or reorganization, as set forth in the proposals of the local agencies. The commission shall direct the executive officer to give each subject agency mailed notice of any change prior to ordering a change. The commission shall not, without the written consent of all subject agencies, take any further action on the consolidation or reorganization for 30 days following that mailing. Upon written demand by any subject agency, filed with the executive officer during that 30-day period, the commission shall make determinations upon the proposals only after notice and hearing on the proposals. If no written demand is filed, the commission may make those determinations without notice and hearing. The application of any provision of this subdivision may be waived by consent of all of the subject agencies. (c) The commission shall not order a material change in the provisions of a consolidation or reorganization, as set forth in the proposals of the local agencies pursuant to subdivision (a), that would add or delete districts without the written consent of the applicant local agencies. (Amended by Stats. 2012, Ch. 62, Sec. 8. (AB 2698) Effective January 1, 2013.)
  180. 56855.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    For certain annexation proposals involving a fire protection district, the district may ask the commission to require the city to sign a contract, and the commission must impose that condition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56855. (a) This section shall apply to any proposal which contains the annexation of territory to a fire protection district which is organized pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code, and the affected territory is or is proposed to be all or part of a city which is within the fire protection district. (b) Prior to the adoption by the local agency formation commission of a resolution making determinations, the district may request and the commission shall impose, as a term and condition, a requirement that the legislative body of the city shall enter into a contract with the district. The contract shall require: (1) That the affected territory shall remain part of the district for a period of at least 10 years. (2) That the city shall pay the cost of services provided by the district. This payment shall be in amounts and on terms specified in the contract. (3) Any other conditions to which the city and the district mutually agree. (Repealed and added by Stats. 2000, Ch. 761, Sec. 202. Effective January 1, 2001.)
  181. 56856.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    The commission may not approve or conditionally approve certain annexations to a special district in a farmland security zone unless the services benefit allowed land uses and the landowner consents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56856. (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a special district of territory that is within a farmland security zone created pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Division 1 if that special district provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the facilities or services benefit land uses that are allowed under the farmland security zone contract and the landowner consents to the change of organization or reorganization. (b) This section shall not apply during the three-year period preceding the termination of a farmland security zone contract under Article 7 (commencing with Section 51296) of Chapter 7 of Division 1. (Repealed and added by Stats. 2000, Ch. 761, Sec. 204. Effective January 1, 2001.)
  182. 56856.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

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    The commission generally may not approve or conditionally approve certain annexations involving land under a California Land Conservation Act contract, unless the listed exceptions or findings apply.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56856.5. (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city or special district of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1), other than a contract entered into pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, if that city or special district provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract. (b) This section shall not be construed to preclude the annexation of territory for the purpose of using other facilities or services provided by the agency that benefit land uses allowable under the contract. (c) Notwithstanding subdivision (a), the commission may nevertheless approve a change of organization or reorganization if it finds any of the following: (1) The city or county that would administer the contract after annexation has adopted policies and feasible implementation measures applicable to the affected territory ensuring the continuation of agricultural use and other uses allowable under the contract on a long-term basis. (2) The change of organization or reorganization encourages and provides planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns. (3) The change of organization or reorganization is necessary to provide services to planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns. (d) This section shall not apply to territory subject to a contract for which either of the following applies: (1) A notice of nonrenewal has been served pursuant to Section 51245, if the annexing agency agrees that no services will actually be provided by it for use during the remaining life of the contract for land uses or activities not allowed under the contract. (2) A tentative cancellation has been approved pursuant to Section 51282. (Amended by Stats. 2018, Ch. 86, Sec. 10. (AB 3254) Effective January 1, 2019.)
  183. 56857.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. )

    Verify source ↗

    This section requires the commission’s executive officer to put certain annexation proposals on the next meeting agenda and send copies to the affected district, and it lets the affected district seek termination of the proceedings within 60 days, subject to stated findings and review rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 2. Reorganization [56825 - 56857] ( Article 2 heading added by Stats. 2000, Ch. 761, Sec. 128. ) ## 56857. (a) Upon receipt by the commission of a proposed change of organization or reorganization that includes the annexation of territory to any district, if the proposal is not filed by the district to which annexation of territory is proposed, the executive officer shall place the proposal on the agenda for the next commission meeting for information purposes only and shall transmit a copy of the proposal to any district to which an annexation of territory is requested. (b) No later than 60 days after the date that the proposal is on the commission’s meeting agenda in accordance with subdivision (a), any district to which annexation of territory is proposed may adopt and transmit to the commission a resolution requesting termination of the proceedings. The resolution requesting termination of the proceedings shall be based upon written findings supported by substantial evidence in the record that the request is justified by a financial or service related concern or because the territory is already receiving electrical service under a service area agreement approved by the Public Utilities Commission pursuant to Section 9608 of the Public Utilities Code. Prior to the commission’s termination of proceedings pursuant to subdivision (c), the resolution is subject to judicial review. (c) If any district to which annexation of territory is proposed has adopted and transmitted to the commission a resolution requesting termination of proceedings within the time period prescribed by, and in accordance with, subdivision (b), and if the commission has not been served with notice that judicial review of that resolution is being sought pursuant to subdivision (b), then the commission shall terminate the proceedings no sooner than 30 days from receipt of the resolution from the district. (d) For purposes of an annexation to a district pursuant to this section or Section 56668.3: (1) “Financial concerns” means that the proposed uses within the territory proposed to be annexed do not have the capacity to provide sufficient taxes, fees, and charges, including connection fees, if any, to pay for the full cost of providing services, including capital costs. Cost allocation shall be based on generally accepted accounting principles and shall be subject to all constitutional and statutory limitations on the amount of the tax, fee, or charge. (2) “Service concerns” means that a district will not have the ability to provide the services that are the subject of the application to the territory proposed to be annexed without imposing level of service reductions on existing and planned future uses in the district’s current service area. “Service concerns” does not include a situation when a district has the ability to provide the services or the services will be available prior to the time that services will be required. (3) “Territory already receiving electrical service under a service area agreement approved by the Public Utilities Commission pursuant to Section 9608 of the Public Utilities Code” means territory that is outside the boundaries of an irrigation district but is currently receiving electrical services from the irrigation district pursuant to a service area agreement between the district and a public utility approved by the Public Utilities Commission as authorized by Sections 8101 to 8108, inclusive, and 9608 of the Public Utilities Code. (4) A district may make findings regarding financial or service concerns based on information provided in the application and any additional information provided to the district by the commission or the applicant that is relevant to determining the adequacy of existing and planned future services to meet the probable future needs of the territory. Findings related to service or financial concerns may be based on an urban water management plan, capital improvement plan, financial statement, comprehensive annual financial report, integrated resource management plan, or other information related to the ability of a district to provide services. Findings related to existing provision of electrical service by an irrigation district pursuant to a service area agreement approved under Section 9608 of the Public Utilities Code shall be based on the records of the district and the Public Utilities Commission evidencing approval of such a service area agreement by the Public Utilities Commission. (5) Nothing in this section shall be construed to create a right or entitlement to water service or any specific level of water service. (6) Nothing in this section is intended to change existing law concerning a district’s obligation to provide water service to its existing customers or to any potential future customers. (e) This section shall not apply if all districts to which annexation of territory is proposed have adopted and transmitted to the commission a resolution supporting the proposed change of organization or reorganization. (Amended by Stats. 2017, Ch. 43, Sec. 3. (AB 464) Effective January 1, 2018.)
  184. 56864.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    Petitions to annex territory to, or detach territory from, a district must meet specified signature thresholds depending on the district type.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56864. Petitions for the annexation of territory to, or detachment of territory from, a district shall be signed as follows: (a) For a registered voter district, by any of the following: (1) Not less than 25 percent of the registered voters within the affected territory. (2) Not less than 25 percent of the number of landowners within the affected territory who also own not less than 25 percent of the assessed value of land within the territory. (b) For a landowner-voter district, by not less than 25 percent of the number of landowners owning land within the affected territory who also own not less than 25 percent of the assessed value of land within the territory. (Amended by Stats. 2011, Ch. 300, Sec. 72. (AB 1430) Effective January 1, 2012.)
  185. 56864.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    A petition for reorganization must be signed in line with the applicable signature requirements for each proposed change.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56864.1. (a) A petition for reorganization shall be signed so as to comply with the applicable signature requirements of this article with respect to each of the various changes proposed in the petition. (b) If a proposal for reorganization includes a proposal for the formation of a new district, the petition shall comply with the signature requirements, if any, of a petition for formation of the district, as set forth in the principal act designated in the petition for formation, and if there are no such requirements, then the requirements of this part pertaining to dissolution. (c) If a proposal for reorganization includes incorporation, the petition shall comply with the signature requirements for incorporation. (Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
  186. 56864.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    A qualified person who can sign for two or more proposed changes of organization only needs to sign the petition once.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56864.3. If a person is qualified to sign for two or more of the changes of organization proposed by the petition, that person need sign the petition only once and his or her signature shall be counted as if that person had signed and requested each change of organization. (Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
  187. 56865.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    Petitions to consolidate two or more districts must meet specific signature thresholds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56865. Petitions for the consolidation of two or more districts shall be signed as follows: (a) For registered voter districts, by not less than 5 percent of the registered voters within each of the several districts. (b) For landowner-voter districts, by landowner-voters within each of the several districts constituting not less than 5 percent of the number of landowner-voters owning land within each of the several districts and who also own not less than 5 percent of the assessed value of land within each of the several districts. (Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
  188. 56866.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    Petitions to merge a district that overlaps a city, or to make the district a subsidiary district of the city, must be signed by specified percentages of eligible voters or landowner-voters.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56866. Petitions for a merger of a district which overlaps a city, or for the establishment of the district as a subsidiary district of the city, shall be signed as follows: (a) For a registered voter district, by either of the following: (1) Five percent of the registered voters of the district. (2) Five percent of the registered voters residing within the territory of the city outside the boundaries of the district. (b) For a landowner-voter district, by either of the following: (1) Five percent of the number of landowner-voters within the district who also own not less than 5 percent of assessed value of land within the district. (2) Five percent of the registered voters residing within the territory of the city outside the boundaries of the district. (Amended by Stats. 2013, Ch. 87, Sec. 5. (AB 1427) Effective January 1, 2014.)
  189. 56870.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    Petitions to dissolve a district must meet specific signature thresholds, unless Section 56871 provides otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56870. Except as otherwise provided in Section 56871, petitions for the dissolution of a district shall be signed as follows: (a) For registered voter districts, by either of the following: (1) Not less than 10 percent of the registered voters within the district. (2) Not less than 10 percent of the number of landowners within the district who also own not less than 10 percent of the assessed value of land within the district. (b) For landowner-voter districts, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district. (Amended by Stats. 2013, Ch. 87, Sec. 6. (AB 1427) Effective January 1, 2014.)
  190. 56871.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. )

    Verify source ↗

    A dissolution petition for a registered voter district is sufficient if it is signed by at least three qualifying signers and includes the required statements about the district’s age, unused corporate powers, and qualifying conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 4. Initiation by Petition [56864 - 56871] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 209. ) ## 56871. A petition for the dissolution of a registered voter district, signed by three or more registered voters within the district or by three or more landowners within a landowner-voter district, shall be deemed to be a sufficient petition, if, in addition to the matters required by Section 56700, the petition recites that the district has been in existence for at least three years and states, on information and belief, that the corporate powers of the district have not been used and that one or more of the following conditions have existed or now exist: (a) That during the three-year period preceding the date of the first signature upon the petition any of the following events have not occurred: (1) There has not been a duly selected and acting quorum of the board of directors of the district. (2) The board of directors has not furnished or provided services or facilities of substantial benefit to residents, landowners, or property within the district. (3) The board of directors has not levied or fixed and collected any taxes, assessments, service charges, rentals, or rates or expended the proceeds of those levies or collections for district purposes. (b) That during the one-year period preceding the date of the first signature upon the petition a quorum of the duly selected and acting board of directors has not met for the purpose of transacting district business. (c) That, upon the date of the first signature upon the petition, the district had no assets, other than money in the form of cash, investments, or deposits. (Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
  191. 56875.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. )

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    If a sufficient petition or resolution asks that a district provide gas or electric service, a certified copy of the Public Utilities Commission report must be on file with the executive officer before the commission sets the matter for public hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. ) ## 56875. If any sufficient petition or resolution of application shall propose, as a part of the petition or resolution of application, that the district shall furnish gas or electric service, as provided in Sections 56129 to 56131, inclusive, a certified copy of the report of the Public Utilities Commission shall be on file with the executive officer prior to setting that petition or resolution for public hearing by the commission. (Added by Stats. 2000, Ch. 761, Sec. 210. Effective January 1, 2001.)
  192. 56876.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. )

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    The commission may decide whether the confirming election for an annexation or detachment is held only in the affected territory or both there and in other parts of the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. ) ## 56876. In any order approving a proposal for an annexation to, or detachment from, a district, the commission may determine that any election called upon the question of confirming an order for the annexation or detachment shall be called, held, and conducted upon that question under either of the following conditions: (a) Only within the territory ordered to be annexed or detached. (b) Both within the territory ordered to be annexed or detached and within all or any part of the district which is outside of the territory. (Added by Stats. 2000, Ch. 761, Sec. 210. Effective January 1, 2001.)
  193. 56877.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. )

    Verify source ↗

    If an annexation meets certain land-value or voter-count thresholds, the commission may require voter confirmation in an election.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 5. Miscellaneous [56875 - 56877] ( Article 5 added by Stats. 2000, Ch. 761, Sec. 210. ) ## 56877. When a change of organization or a reorganization includes the annexation of inhabited territory to a district and the assessed value of land within the territory equals one-half or more of the assessed value of land within the district, or the number of registered voters residing within the territory equals one-half or more of the number of registered voters residing within the district, the commission may determine as a condition of the proposal that the change of organization or reorganization shall also be subject to confirmation by the voters in an election to be called, held, and conducted within the territory of the district to which annexation is proposed. (Added by Stats. 2001, Ch. 667, Sec. 17. Effective January 1, 2002.)
  194. 56879.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 6. Inactive Special Districts [56879 - 56879.5] ( Article 6 added by Stats. 2017, Ch. 334, Sec. 7. )

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    The Controller must list inactive special districts annually, publish the list, and notify the local commission. The commission must then begin dissolution within 90 days of notice unless the district does not meet the inactivity criteria, and must hold one public hearing within 90 days after the dissolution resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 6. Inactive Special Districts [56879 - 56879.5] ( Article 6 added by Stats. 2017, Ch. 334, Sec. 7. ) ## 56879. (a) On or before November 1, 2018, and every year thereafter, the Controller shall create a list of special districts that are inactive, as defined in Section 56042, based upon the financial reports received by the Controller pursuant to Section 53891. The Controller shall publish the list of inactive districts on the Controller’s internet website. The Controller shall also notify the commission in the county or counties in which the district is located if the Controller has included the district in this list. (b) The commission shall initiate dissolution of inactive districts by resolution within 90 days of receiving notification from the Controller pursuant to subdivision (a), unless the commission determines that the district does not meet the criteria set forth in Section 56042. The commission shall notify the Controller if the commission determines that a district does not meet the criteria set forth in Section 56042. (c) The commission shall dissolve inactive districts. The commission shall hold one public hearing on the dissolution of an inactive district pursuant to this section no more than 90 days following the adoption of the resolution initiating dissolution. The dissolution of an inactive district shall not be subject to any of the following: (1) Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4. (2) Determinations pursuant to subdivision (b) of Section 56881. (3) Requirements for commission-initiated changes of organization described in paragraph (3) of subdivision (a) of Section 56375. (4) Sections 99 and 99.01 of the Revenue and Taxation Code. (Amended by Stats. 2021, Ch. 31, Sec. 13. (AB 1581) Effective January 1, 2022.)
  195. 56879.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 6. Inactive Special Districts [56879 - 56879.5] ( Article 6 added by Stats. 2017, Ch. 334, Sec. 7. )

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    This article does not apply to certain special districts formed by special legislation with a funding-or-dissolution requirement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 5. Proceedings for Special Districts [56821 - 56879.5] ( Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125. ) ## ARTICLE 6. Inactive Special Districts [56879 - 56879.5] ( Article 6 added by Stats. 2017, Ch. 334, Sec. 7. ) ## 56879.5. This article shall not apply to a special district formed by special legislation that is required by its enabling statute to obtain funding within a specified period of time or be dissolved. That district shall not be subject to this article during that specified period of time. (Added by renumbering Section 56880 (as added by Stats. 2017, Ch. 334, Sec. 7) by Stats. 2018, Ch. 86, Sec. 11. (AB 3254) Effective January 1, 2019.)
  196. 56880.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The commission must adopt a resolution within 35 days after the hearing ends, approving or disapproving the proposal or reorganization plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56880. At any time not later than 35 days after the conclusion of the hearing, the commission shall adopt a resolution making determinations approving or disapproving the proposal, with or without conditions, the plan of reorganization, or any alternative plan of reorganization as set forth in the report and recommendation of a reorganization committee. If the commission disapproves the proposal, plan of reorganization, or any alternative plan of reorganization, no further proceedings shall be taken on those proposals or plans. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  197. 56881.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The resolution must make specified determinations and, if applicable, assign a territory designation and start protest proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56881. The resolution making determinations shall also do all of the following: (a) Make any of the findings or determinations authorized or required pursuant to Section 56375. (b) For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, make both of the following determinations: (1) Public service costs of a proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service. (2) A change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources. (c) If applicable, assign a distinctive short-term designation to the affected territory and a description of the territory. (d) Initiate protest proceedings pursuant to Part 4 (commencing with Section 57000) in compliance with the resolution. (Amended by Stats. 2016, Ch. 165, Sec. 6. (AB 2910) Effective January 1, 2017.)
  198. 56882.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The executive officer must send the commission’s resolution to the listed recipients and, if email or electronic delivery is used, confirm receipt.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56882. (a) The executive officer shall transmit a copy of the resolution adopted by the commission making determinations addressed to each of the following persons or entities: (1) The proponents, if any, where the proceedings for change of organization were initiated by petition. (2) Each affected local agency whose boundaries would be changed by the proposal. (b) If the executive officer transmits a copy of the resolution using email or electronic means, the executive officer shall confirm receipt by the intended recipient through electronic read receipt or other means. (Amended by Stats. 2023, Ch. 25, Sec. 2. (AB 1753) Effective January 1, 2024.)
  199. 56883.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The executive officer may correct clerical errors or mistakes in a commission determination resolution before the proceeding ends, if good cause is shown and there is a written request from a commission member, the executive officer, or an affected agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56883. The executive officer may, before the completion of a proceeding, on good cause being shown, correct clerical errors or mistakes made through inadvertence, surprise, or excusable neglect that may be contained in the resolution adopted by the commission making determinations, upon written request by any member of the commission, by the executive officer, or by any affected agency. A correction made pursuant to this section shall not be cause for filing a request pursuant to Section 56895. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  200. 56884.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. )

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    If the commission wholly disapproves a proposal, it must stop further proceedings and cannot start a similar proposal involving the same or substantially the same territory for one year, unless subdivision (b) applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 1. Determinations [56880 - 56884] ( Article 1 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56884. (a) Except as otherwise provided in subdivision (b), if the commission wholly disapproves any proposal: (1) No further proceedings shall be taken on that proposal. (2) No similar proposal involving the same or substantially the same territory shall be initiated for one year after the date of adoption of the resolution terminating proceedings. (b) The commission may waive the requirements of subdivision (a) if it finds those requirements are detrimental to the public interest. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)

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