Health and Safety Code — Part 59 | HSC — United States — California law | Esheria

Health and Safety Code

Part 59 of 87 · provisions 11,601–11,800

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 32106.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors’ meetings are generally open to the public, and a majority of members makes a quorum. The board may hold a closed session for discussion or deliberation of reports involving district trade secrets, but that closed-session exception has limits.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32106. (a) Except as provided in this section, Section 32155, or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) all of the sessions of the board of directors, whether regular or special, shall be open to the public, and a majority of the members of the board shall constitute a quorum for the transaction of business. (b) The board of directors may order that a meeting held solely for the purpose of discussion or deliberation, or both, of reports involving district trade secrets be held in closed session. Except as provided in this subdivision, the closed session shall meet all applicable requirements of Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code, including Section 54957.7. (c) “Health care facility trade secrets,” as used in this section, means a “trade secret,” as defined in subdivision (d) of Section 3426.1 of the Civil Code, and in addition meets all of the following: (1) Is necessary to initiate a new district service or program or add a district health care facility. (2) Would, if prematurely disclosed, create a substantial probability of depriving the district of a substantial economic benefit. (d) The exception provided in subdivision (b) to the general open meeting requirements for a meeting of the board of directors, shall not apply to a meeting where there is action taken, as defined in Section 54952.6 of the Government Code. (e) Nothing in this section shall be construed to permit the board of directors to order a closed meeting for the purposes of discussing or deliberating, or to permit the discussion or deliberation in any closed meeting of any proposals regarding: (1) The sale, conversion, contract for management, or leasing of any district health care facility or the assets thereof, to any for-profit or nonprofit entity, agency, association, organization, governmental body, person, partnership, corporation, or other district. (2) The conversion of any district health care facility to any other form of ownership by the district. (3) The dissolution of any district. (Amended by Stats. 1994, Ch. 696, Sec. 4. Effective January 1, 1995.)
  2. 32107.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may destroy a record if it does so under the referenced Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32107. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 25. Effective January 1, 2006.)
  3. 32110.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Certain district hospital insiders may not hold conflicts in nearby hospitals, and some candidates must disclose their job and occupation on the ballot.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32110. (a) Except as provided in subdivision (d), no person who is a director, policymaking management employee, or medical staff officer of a hospital owned or operated by a district shall do either of the following: (1) Possess any ownership interest in any other hospital serving the same area as that served by the district hospital of which the person is a director, policymaking management employee, or medical staff officer. (2) Be a director, policymaking management employee, or medical staff officer of any hospital serving the same area as the area served by the district hospital. (b) For purposes of this section, a hospital shall be considered to serve the same area as a district hospital when more than 5 percent of the hospital’s patient admissions are residents of the district. (c) For purposes of this section, the possession of an ownership interest, including stocks, bonds, or other securities by the spouse or minor children or any person shall be deemed to be the possession or interest of the person. (d) No person shall serve concurrently as a director or policymaking management employee of a district and as a director or policymaking management employee of any other hospital serving the same area as the district, unless the boards of directors of the district and the hospital have determined that the situation will further joint planning, efficient delivery of health care services, and the best interest of the areas served by their respective hospitals, or unless the district and the hospital are affiliated under common ownership, lease, or any combination thereof. (e) Any candidate who elects to run for the office of member of the board of directors of a district, and who owns stock in, or who works for any health care facility that does not serve the same area served by the district in which the office is sought, shall disclose on the ballot his or her occupation and place of employment. (Amended by Stats. 1994, Ch. 696, Sec. 5. Effective January 1, 1995.)
  4. 32111.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district medical or allied health staff member who is also a district officer is exempt from being treated as financially interested in certain contracts if the officer abstains, discloses the relationship, and the board finds and approves the contract in good faith without the officer’s participation.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32111. (a) A member of a health care district’s medical or allied health professional staff who is an officer of the district shall not be deemed to be “financially interested,” for purposes of Section 1090 of the Government Code, in any of the contracts set forth in subdivision (b) made by any district body or board of which the officer is a member if all of the following conditions are satisfied: (1) The officer abstains from any participation in the making of the contract. (2) The officer’s relationship to the contract is disclosed to the body or board and noted in its official records. (3) If the requirements of paragraphs (1) and (2) are satisfied, the body or board does both of the following, without any participation by the officer: (A) Finds that the contract is fair to the district and in its best interest. (B) Authorizes the contract in good faith. (b) Subdivision (a) shall apply to the following contracts: (1) A contract between the district and the officer for the officer to provide professional services to the district’s patients, employees, or medical staff members and their respective dependents, provided that similar contracts exist with other staff members and the amounts payable under the contract are no greater than the amounts payable under similar contracts covering the same or similar services. (2) A contract to provide services to covered persons between the district and any insurance company, health care service plan, employer, or other entity that provides health care coverage, and that also has a contract with the officer to provide professional services to its covered persons. (3) A contract in which the district and the officer are both parties if other members of the district’s medical or allied health professional staff are also parties, directly or through their professional corporations or other practice entities, provided the officer is offered terms no more favorable than those offered any other party who is a member of the district’s medical or allied health professional staff. (c) This section does not permit an otherwise prohibited individual to be a member of the board of directors of a district, including, but not limited to, individuals described in Section 32110 of this code or in Section 53227 of the Government Code. Nothing in this section shall authorize a contract that would otherwise be prohibited by Section 2400 of the Business and Professions Code. (d) For purposes of this section, a contract entered into by a professional corporation or other practice entity in which the officer has an interest shall be deemed the same as a contract entered into by the officer directly. (Amended by Stats. 2004, Ch. 183, Sec. 207. Effective January 1, 2005.)
  5. 32121.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Each local district has broad powers to manage property, contracts, services, staffing, and related health care operations, but some asset transfers and coverage activities are restricted.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121. Each local district shall have and may exercise the following powers: (a) To have and use a corporate seal and alter it at its pleasure. (b) To sue and be sued in all courts and places and in all actions and proceedings whatever. (c) To purchase, receive, have, take, hold, lease, use, and enjoy property of every kind and description within and without the limits of the district, and to control, dispose of, convey, and encumber the same and create a leasehold interest in the same for the benefit of the district. (d) To exercise the right of eminent domain for the purpose of acquiring real or personal property of every kind necessary to the exercise of any of the powers of the district. (e) To establish one or more trusts for the benefit of the district, to administer any trust declared or created for the benefit of the district, to designate one or more trustees for trusts created by the district, to receive by gift, devise, or bequest, and hold in trust or otherwise, property, including corporate securities of all kinds, situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of the district. (f) To employ legal counsel to advise the board of directors in all matters pertaining to the business of the district, to perform the functions in respect to the legal affairs of the district as the board may direct, and to call upon the district attorney of the county in which the greater part of the land in the district is situated for legal advice and assistance in all matters concerning the district, except that if that county has a county counsel, the directors may call upon the county counsel for legal advice and assistance. (g) To employ any officers and employees, including architects and consultants, the board of directors deems necessary to carry on properly the business of the district. (h) To prescribe the duties and powers of the health care facility administrator, secretary, and other officers and employees of any health care facilities of the district, to establish offices as may be appropriate and to appoint board members or employees to those offices, and to determine the number of, and appoint, all officers and employees and to fix their compensation. The officers and employees shall hold their offices or positions at the pleasure of the boards of directors. (i) To do any and all things that an individual might do that are necessary for, and to the advantage of, a health care facility and a nurses’ training school, or a child care facility for the benefit of employees of the health care facility or residents of the district. (j) To establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services, including, but not limited to, outpatient programs, services, and facilities; retirement programs, services, and facilities; chemical dependency programs, services, and facilities; or other health care programs, services, and facilities and activities at any location within or without the district for the benefit of the district and the people served by the district. “Health care facilities,” as used in this subdivision, means those facilities defined in subdivision (b) of Section 32000.1 and specifically includes freestanding chemical dependency recovery units. “Health facilities,” as used in this subdivision, may also include those facilities defined in subdivision (d) of Section 15432 of the Government Code. (k) To do any and all other acts and things necessary to carry out this division. (l) To acquire, maintain, and operate ambulances or ambulance services within and without the district. (m) To establish, maintain, and operate, or provide assistance in the operation of, free clinics, diagnostic and testing centers, health education programs, wellness and prevention programs, rehabilitation, aftercare, and any other health care services provider, groups, and organizations that are necessary for the maintenance of good physical and mental health in the communities served by the district. (n) To establish and operate in cooperation with its medical staff a coinsurance plan between the hospital district and the members of its attending medical staff. (o) To establish, maintain, and carry on its activities through one or more corporations, joint ventures, or partnerships for the benefit of the health care district. (p) (1) To transfer, at fair market value, any part of its assets to one or more corporations to operate and maintain the assets. A transfer pursuant to this paragraph shall be deemed to be at fair market value if an independent consultant, with expertise in methods of appraisal and valuation and in accordance with applicable governmental and industry standards for appraisal and valuation, determines that fair and reasonable consideration is to be received by the district for the transferred district assets. Before the district transfers, pursuant to this paragraph, 50 percent or more of the district’s assets to one or more corporations, in sum or by increment, the elected board shall, by resolution, submit to the voters of the district a measure proposing the transfer. The measure shall be placed on the ballot of a special election held upon the request of the district or the ballot of the next regularly scheduled election occurring at least 88 days after the resolution of the board. If a majority of the voters voting on the measure vote in its favor, the transfer shall be approved. The campaign disclosure requirements applicable to local measures provided under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code shall apply to this election. (2) To transfer, for the benefit of the communities served by the district, in the absence of adequate consideration, any part of the assets of the district, including, without limitation, real property, equipment, and other fixed assets, current assets, and cash, relating to the operation of the district’s health care facilities to one or more nonprofit corporations to operate and maintain the assets. (A) A transfer of 50 percent or more of the district’s assets, in sum or by increment, pursuant to this paragraph shall be deemed to be for the benefit of the communities served by the district only if all of the following occur: (i) The transfer agreement and all arrangements necessary thereto are fully discussed in advance of the district board decision to transfer the assets of the district in at least five properly noticed open and public meetings in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (ii) The transfer agreement provides that the hospital district shall approve all initial board members of the nonprofit corporation and any subsequent board members as may be specified in the transfer agreement. (iii) The transfer agreement provides that all assets transferred to the nonprofit corporation, and all assets accumulated by the corporation during the term of the transfer agreement arising out of, or from, the operation of the transferred assets, are to be transferred back to the district upon termination of the transfer agreement, including any extension of the transfer agreement. (iv) The transfer agreement commits the nonprofit corporation to operate and maintain the district’s health care facilities and its assets for the benefit of the communities served by the district. (v) The transfer agreement requires that any funds received from the district at the outset of the agreement or any time thereafter during the term of the agreement be used only to reduce district indebtedness, to acquire needed equipment for the district health care facilities, to operate, maintain, and make needed capital improvements to the district’s health care facilities, to provide supplemental health care services or facilities for the communities served by the district, or to conduct other activities that would further a valid public purpose if undertaken directly by the district. (vi) The transfer agreement includes the appraised fair market value, from an independent consultant with expertise in methods of appraisal and valuation and in accordance with applicable governmental and industry standards for appraisal and valuation, of any asset transferred pursuant to this paragraph. (vii) The appraisal that is used to determine the fair market value that is included within the transfer agreement is performed within the six months preceding the date on which the district approves the transfer agreement. (B) A transfer of 10 percent or more but less than 50 percent of the district’s assets, in sum or by increment, pursuant to this paragraph shall be deemed to be for the benefit of the communities served by the district only if both of the following occur: (i) The transfer agreement and all arrangements necessary thereto are fully discussed in advance of the district board decision to transfer the assets of the district in at least two properly noticed open and public meetings in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (ii) The transfer agreement meets all of the requirements of clauses (iii) to (v), inclusive, of subparagraph (A). (C) Before the district transfers, pursuant to this paragraph, 50 percent or more of the district’s assets to one or more nonprofit corporations, in sum or by increment, the elected board shall, by resolution, submit to the voters of the district a measure proposing the transfer. The resolution shall identify the asset proposed to be transferred, its appraised fair market value, and the full consideration that the district is to receive in exchange for the transfer. The appraisal shall be performed by an independent consultant with expertise in methods of appraisal and valuation and in accordance with applicable governmental and industry standards for appraisal and valuation within the six months preceding the date on which the district approves the resolution. The measure shall be placed on the ballot of a special election held upon the request of the district or the ballot of the next regularly scheduled election occurring at least 88 days after the resolution of the board. If a majority of the voters voting on the measure vote in its favor, the transfer shall be approved. The campaign disclosure requirements applicable to local measures provided under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code shall apply to this election. (D) Notwithstanding the other provisions of this paragraph, a hospital district shall not transfer any portion of its assets to a private nonprofit organization that is owned or controlled by a religious creed, church, or sectarian denomination in the absence of adequate consideration. (3) If the district board has previously transferred less than 50 percent of the district’s assets pursuant to this subdivision, before any additional assets are transferred, the board shall hold a public hearing and shall make a public determination that the additional assets to be transferred will not, in combination with any assets previously transferred, equal 50 percent or more of the total assets of the district. (4) The amendments to this subdivision made during the 1991–92 Regular Session, the amendments made to this subdivision and to Section 32126 made during the 1993–94 Regular Session, and the amendments made to this subdivision during the 2011–12 Regular Session, shall only apply to transfers made on or after the effective dates of the acts amending this subdivision. The amendments to this subdivision made during those sessions shall not apply to either of the following: (A) A district that has discussed and adopted a board resolution prior to September 1, 1992, that authorizes the development of a business plan for an integrated delivery system. (B) A lease agreement, transfer agreement, or both between a district and a nonprofit corporation that were in full force and effect as of September 1, 1992, for as long as that lease agreement, transfer agreement, or both remain in full force and effect. (5) Notwithstanding paragraph (4), if substantial amendments are proposed to be made to a transfer agreement described in subparagraph (A) or (B) of paragraph (4), the amendments shall be fully discussed in advance of the district board’s decision to adopt the amendments in at least two properly noticed open and public meetings in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (6) Notwithstanding paragraphs (4) and (5), a transfer agreement described in subparagraph (A) or (B) of paragraph (4) that provided for the transfer of less than 50 percent of a district’s assets shall be subject to the requirements of this subdivision when subsequent amendments to that transfer agreement would result in the transfer, in sum or by increment, of 50 percent or more of a district’s assets to the nonprofit corporation. (7) For purposes of this subdivision, a “transfer” means the transfer of ownership of the assets of a district. A lease of the real property or the tangible personal property of a district shall not be subject to this subdivision except as specified in Section 32121.4 and as required under Section 32126. (8) Districts that request a special election pursuant to paragraph (1) or (2) shall reimburse counties for the costs of that special election as prescribed pursuant to Section 10520 of the Elections Code. (9) (A) Nothing in this section, including subdivision (j), shall be construed to permit a local district to obtain or be issued a single consolidated license to operate a separate physical plant as a skilled nursing facility or an intermediate care facility that is not located within the boundaries of the district. (B) Notwithstanding subparagraph (A), Eastern Plumas Health Care District may obtain and be issued a single consolidated license to operate a separate physical plant as a skilled nursing facility or an intermediate care facility that is located on the campus of the Sierra Valley District Hospital. This subparagraph shall have no application to any other district and is intended only to address the urgent need to preserve skilled nursing or intermediate care services within the rural County of Sierra. (C) Subparagraph (B) shall only remain operative until the Sierra Valley District Hospital is annexed by the Eastern Plumas Health Care District. In no event shall the Eastern Plumas Health Care District increase the number of licensed beds at the Sierra Valley District Hospital during the operative period of subparagraph (B). (10) A transfer of any of the assets of a district to one or more nonprofit corporations to operate and maintain the assets shall not be required to meet paragraphs (1) to (9), inclusive, of this subdivision if all of the following conditions apply at the time of the transfer: (A) The district has entered into a loan that is insured by the State of California under Chapter 1 (commencing with Section 129000) of Part 6 of Division 107. (B) The district is in default of its loan obligations, as determined by the Office of Statewide Health Planning and Development. (C) The Office of Statewide Health Planning and Development and the district, in their best judgment, agree that the transfer of some or all of the assets of the district to a nonprofit corporation or corporations is necessary to cure the default, and will obviate the need for foreclosure. This cure of default provision shall be applicable prior to the office foreclosing on district hospital assets. After the office has foreclosed on district hospital assets, or otherwise taken possession in accordance with law, the office may exercise all of its powers to deal with and dispose of hospital property. (D) The transfer and all arrangements necessary thereto are discussed in advance of the transfer in at least one properly noticed open and public meeting in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). The meeting referred to in this paragraph shall be noticed and held within 90 days of notice in writing to the district by the office of an event of default. If the meeting is not held within this 90-day period, the district shall be deemed to have waived this requirement to have a meeting. (11) If a transfer under paragraph (10) is a lease, the lease shall provide that the assets shall revert to the district at the conclusion of the leasehold interest. If the transfer is a sale, the proceeds shall be used first to retire the obligation insured by the office, then to retire any other debts of the district. After providing for debts, any remaining funds shall revert to the district. (12) A health care district shall report to the Attorney General, within 30 days of any transfer of district assets to one or more nonprofit or for-profit corporations, the type of transaction and the entity to whom the assets were transferred or leased. (q) To contract for bond insurance, letters of credit, remarketing services, and other forms of credit enhancement and liquidity support for its bonds, notes, and other indebtedness and to enter into reimbursement agreements, monitoring agreements, remarketing agreements, and similar ancillary contracts in connection therewith. (r) To establish, maintain, operate, participate in, or manage capitated health care service plans, health maintenance organizations, preferred provider organizations, and other managed health care systems and programs properly licensed by the Department of Insurance or the Department of Managed Care, at any location within or without the district for the benefit of residents of communities served by the district. However, that activity shall not be deemed to result in, or constitute, the giving or lending of the district’s credit, assets, surpluses, cash, or tangible goods to, or in aid of, any person, association, or corporation in violation of Section 6 of Article XVI of the California Constitution. Nothing in this section shall be construed to authorize activities that corporations and other artificial legal entities are prohibited from conducting by Section 2400 of the Business and Professions Code. Any agreement to provide health care coverage that is a health care service plan, as defined in subdivision (f) of Section 1345, shall be subject to Chapter 2.2 (commencing with Section 1340) of Division 2, unless exempted pursuant to Section 1343 or 1349.2. A district shall not provide health care coverage for any employee of an employer operating within the communities served by the district, unless the Legislature specifically authorizes, or has authorized in this section or elsewhere, the coverage. Nothing in this section shall be construed to authorize any district to contribute its facilities to any joint venture that could result in transfer of the facilities from district ownership. (s) To provide health care coverage to members of the district’s medical staff, employees of the medical staff members, and the dependents of both groups, on a self-pay basis. (Amended by Stats. 2012, Ch. 684, Sec. 1. (SB 804) Effective January 1, 2013.)
  6. 32121.1.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A local hospital district board may, by resolution, give its administrator power to hire and fire needed subordinate staff for the district’s hospitals.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.1. By resolution, the board of directors of a local hospital district may delegate to its administrator the power to employ (subject to the pleasure of the board of directors), and discharge, such subordinate officers and employees as are necessary for the purpose of carrying on the normal functions of any hospital operated by the district. (Added by Stats. 1957, Ch. 640.)
  7. 32121.2.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A local hospital district board may authorize disposal of surplus district property at fair market value, and may donate or sell surplus property to another California local hospital district for less than fair market value.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.2. Except as provided in this section, by resolution, the board of directors of a local hospital district may authorize the disposition of any surplus property of the district at fair market value by any method determined appropriate by the board. The board of directors of a local hospital district may donate or sell, at less than fair market value, any surplus property to another local hospital district in California. (Amended by Stats. 1982, Ch. 1513, Sec. 7.)
  8. 32121.3.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Hospital districts and affiliated nonprofit corporations may offer certain physician-recruitment incentives, but contracts with those inducements must include repayment-with-interest and no-referral-payment terms, and some restrictive contract provisions are void.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.3. (a) Notwithstanding any other provision of law, a hospital district, or any affiliated nonprofit corporation upon a finding by the board of directors of the district that it will be in the best interests of the public health of the communities served by the district and in order to obtain a licensed physician and surgeon to practice in the communities served by the district, may do any of the following: (1) Guarantee to a physician and surgeon a minimum income for a period of no more than three years from the opening of the physician and surgeon’s practice. (2) Guarantee purchases of necessary equipment by the physician and surgeon. (3) Provide reduced rental rates of office space in any building owned or leased by the district or any of its affiliated entities, or subsidize rental payments for office space in any other buildings, for a term of no more than three years. (4) Provide other incentives to a physician and surgeon in exchange for consideration and upon terms and conditions the hospital district’s board of directors deems reasonable and appropriate. (b) Any provision in a contract between a physician and surgeon and a hospital district or affiliated nonprofit corporation is void which does any of the following: (1) Imposes as a condition any requirement that the patients of the physician and surgeon, or a quota of the patients of the physician and surgeon, only be admitted to a specified hospital. (2) Restricts the physician and surgeon from establishing staff privileges at, referring patients to, or generating business for another entity. (3) Provides payment or other consideration to the physician and surgeon for the physician and surgeon’s referral of patients to the district hospital or an affiliated nonprofit corporation. (c) Contracts between a physician and surgeon and a hospital district or affiliated nonprofit corporation that provide an inducement for the physician and surgeon to practice in the community served by the district hospital shall contain both of the following: (1) A provision which requires the inducement to be repaid with interest if the inducement is repayable. (2) A provision which states that no payment or other consideration shall be made for the referral of patients to the district hospital or an affiliated nonprofit corporation. (d) To the extent that this section conflicts with Section 650 of the Business and Professions Code, Section 650 of the Business and Professions Code shall supersede this section. (e) The Legislature finds that this section is necessary to assist district hospitals to attract qualified physicians and surgeons to practice in the communities served by these hospitals, and that the health and welfare of the residents in these communities require these provisions. (Amended by Stats. 1992, Ch. 1358, Sec. 4. Effective January 1, 1993.)
  9. 32121.4.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district or affiliated nonprofit corporation may lease or operate another district’s facilities, or create a leasehold interest, if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.4. Notwithstanding any other provision of law, a hospital district or any affiliated nonprofit corporation, upon a finding by the board of directors of the district that it will be in the best interests of the district to provide additional diversification of facilities, may lease and operate the realty, facilities, and business of another hospital district in California, or create a leasehold interest in its own realty, improvements, and business in favor of another hospital district, if all of the following apply: (a) That the lease when taken together with any extensions of the lease shall not exceed a total of 30 years. (b) That the lessee district shall not finance any capital improvements through the use of the lessor district’s credit. (c) That the lessor district shall have successfully completed any feasibility studies required by its board of directors as will reasonably ensure that the lessor hospital’s financial stability will not be endangered by the lease transaction. (d) Nothing in this section shall be construed to impair or limit the authority of the California Medical Assistance Commission to contract for the provision of inpatient hospital services under the Medi-Cal program with local hospital district hospitals as sole distinct entities, even though one or more hospital districts may have entered into leasehold or joint-venture arrangements. Any lease made pursuant to this section to one or more nonprofit corporations affiliated with a district, that is part of or contingent upon a transfer of 50 percent or more of the district’s assets, in sum or by increment, to the affiliated nonprofit corporation shall be subject to the requirements of subdivision (p) of Section 32121. (Amended by Stats. 1993, Ch. 698, Sec. 2. Effective October 4, 1993.)
  10. 32121.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A health care district may enter employment contracts with a hospital administrator, but the contract term cannot be more than four years and renewals cannot exceed four years.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.5. (a) Notwithstanding any other provision of this division, a health care district may enter into a contract of employment with a hospital administrator, including a hospital administrator who is designated as chief executive officer, the duration of which shall not exceed four years, but which may periodically be renewed for a term of not more than four years. (b) A contract entered into, or renewed, on or after January 1, 2014, shall not authorize retirement plan benefits to be paid to a hospital administrator, including a hospital administrator who is designated as chief executive officer, prior to his or her retirement. (Amended by Stats. 2013, Ch. 92, Sec. 1. (AB 130) Effective January 1, 2014.)
  11. 32121.6.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    If a health care district signs a written employment agreement with a hospital administrator, the agreement must include all material terms and conditions the district and administrator agreed to.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.6. If a health care district enters into a written employment agreement with a hospital administrator, including a hospital administrator who is designated as a chief executive officer, the written employment agreement shall include all material terms and conditions agreed to between the district and the hospital administrator regarding compensation, deferred compensation, retirement benefits, severance or continuing compensation after termination of the agreement, vacation pay and other paid time off for illness or personal reasons, and other employment benefits that differ from those available to other full-time employees. (Added by Stats. 2012, Ch. 322, Sec. 1. (AB 2180) Effective January 1, 2013.)
  12. 32121.7.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    This section limits when El Camino Hospital-Corporation may transfer its assets and requires district board and sometimes voter approval for larger transfers.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.7. Notwithstanding any other provision of law, the transfer of assets by El Camino Hospital, a California nonprofit public benefit corporation (“El Camino Hospital-Corporation”) that owns and operates El Camino Hospital, located in the City of Mountain View, pursuant to a transfer and ground lease from the El Camino Hospital District pursuant to subdivision (p) of Section 32121, is subject to this section. (a) Before El Camino Hospital-Corporation transfers 50 percent or more of its assets, at fair market value, to one or more corporations, trusts, associations, partnerships, limited liability companies, or other entities or persons, in sum or by increment, the Board of Directors of El Camino Hospital District shall, by resolution, submit to the voters of the El Camino Hospital District a measure proposing the transfer. The measure shall be placed on the ballot of the special election held upon the request of the El Camino Hospital District or the ballot of the next regularly scheduled election occurring at least 88 days after the resolution of the Board of El Camino Hospital District. If a majority of the voters voting on the measure vote in favor, the transfer shall be approved. The campaign disclosure requirements applicable to local measures provided under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code shall apply to this election. (b) El Camino Hospital-Corporation may transfer, for the benefit of the community served by the El Camino Hospital District, in the absence of adequate consideration, any part of the assets of El Camino Hospital-Corporation, including without limitation, the El Camino Hospital, the real property, equipment and other fixed assets, current assets, and cash, relating to the operation of El Camino Hospital to one or more nonprofit corporations, trusts, or associations to operate and maintain the assets. (1) Any transfer of 50 percent or more of El Camino Hospital-Corporation’s assets in sum or by increment, pursuant to this subdivision shall be deemed to be for the benefit of the community served by the El Camino Hospital District only if all of the following occur: (A) The transfer agreement and all arrangements necessary thereto are approved by the Board of Directors of El Camino Hospital District, and the agreement and arrangements are fully discussed in advance of the board’s decision to transfer the assets of El Camino Hospital-Corporation, in at least five properly noticed open and public meetings of the Board of Directors of El Camino Hospital District in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (B) The transfer agreement provides that the El Camino Hospital District shall approve all initial board members of the nonprofit corporation, trust, or association, and any subsequent board members as may be specified in the transfer agreement. (C) The transfer agreement provides that all assets transferred to the nonprofit corporation, trust, or association, and all assets accumulated by the nonprofit corporation, trust, or association during the term of the transfer agreement arising out of or from the operation of the transferred assets shall be transferred back to the El Camino Hospital District upon termination of the transfer agreement, including any extension of the transfer agreement. (D) The transfer agreement commits the nonprofit corporation, trust, or association to operate and maintain the assets of El Camino Hospital-Corporation for the benefit of the community served by the El Camino Hospital District. (E) The transfer agreement requires that any funds received from the El Camino Hospital-Corporation at the outset of the agreement or any time thereafter during the term of the agreement be used only to reduce the El Camino Hospital-Corporation indebtedness, to acquire needed equipment for the El Camino Hospital-Corporation health care facilities, to operate, maintain, and make needed capital improvements to those health care facilities, to provide supplemental health care services or facilities for the communities served by the El Camino Hospital District, or to conduct other activities that would further a valid public purpose if undertaken directly by the El Camino Hospital District. (2) A transfer of 33 percent or more but less than 50 percent of the El Camino Hospital-Corporation’s assets, in sum or by increment, pursuant to this subdivision shall be deemed to be for the benefit of the communities served by the El Camino Hospital District only if both of the following occur: (A) The transfer agreement and all arrangements necessary thereto are approved by the Board of Directors of El Camino Hospital District and the agreement and arrangements are fully discussed in advance of the board’s decision to transfer the assets of El Camino Hospital-Corporation in at least two properly noticed open and public meetings of the Board of Directors of El Camino Hospital District in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (B) The transfer agreement meets all of the requirements of subparagraphs (B) to (E), inclusive, of paragraph (1). (3) A transfer of 10 percent or more but less than 33 percent of the El Camino Hospital-Corporation’s assets, in sum or by increment, pursuant to this subdivision shall be deemed to be for the benefit of the communities served by the El Camino Hospital District only if both of the following occur: (A) The transfer agreement and all arrangements necessary thereto are approved by the Board of Directors of El Camino Hospital District and the agreement and arrangements are fully discussed in advance of the board’s decision to transfer the assets of El Camino Hospital-Corporation in at least two properly noticed open and public meetings of the Board of Directors of El Camino Hospital District in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (B) The transfer agreement meets all of the requirements of subparagraphs (C) to (E), inclusive, of paragraph (1). (4) Before El Camino Hospital-Corporation transfers, pursuant to this subdivision, 50 percent or more of its assets to one or more nonprofit corporations, trusts, or associations, in sum or by increment, the Board of Directors of El Camino Hospital District shall, by resolution, submit to the voters of the El Camino Hospital District a measure proposing the transfer. The measure shall be placed on the ballot of a special election held upon the request of El Camino Hospital District or the ballot of the next regularly scheduled election occurring at least 88 days after the resolution of the El Camino Hospital District. If a majority of the voters voting on the measure vote in its favor, the transfer shall be approved. The campaign disclosure requirements applicable to local measures provided under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code shall apply to this election. (5) Notwithstanding any other provision of this subdivision, El Camino Hospital-Corporation shall not transfer any portion of its assets to a private nonprofit corporation, trust, or association that is owned or controlled by a religious creed, church, or sectarian denomination in the absence of adequate consideration. (c) If the El Camino Hospital-Corporation board has previously transferred less than 50 percent of its assets pursuant to this subdivision, before any additional assets are transferred, the board shall hold a public hearing and shall make a public determination that the additional assets to be transferred will not, in combination with any assets previously transferred, equal 50 percent or more of the total assets. (d) For purposes of this section, a “transfer” means the transfer of ownership of the assets of El Camino Hospital-Corporation. A lease of the real property or the tangible personal property of El Camino Hospital District shall not be subject to this section except as required under Section 32121.4 or Section 32121.8. (e) If El Camino Hospital District requests a special election pursuant to subdivision (a) or (b) it shall reimburse counties for the costs of that special election as prescribed pursuant to Section 10520 of the Elections Code. (f) The limitations set forth in subdivisions (a) and (b) shall not apply to any transfers, sales, leases, or other assignments of assets from El Camino Hospital-Corporation to El Camino Hospital District or entities controlled by El Camino Hospital District, provided that in the case of a transfer to an entity controlled by El Camino Hospital District, that entity shall continue to be governed by this section, imposing the same requirements on such entity as are imposed on El Camino Hospital-Corporation. (g) Nothing in this section shall limit, modify, or otherwise alter the requirements imposed on El Camino Hospital-Corporation as a nonprofit corporation under the Corporations Code, including Attorney General notice and consent requirements if applicable. (Amended by Stats. 2000, Ch. 135, Sec. 96. Effective January 1, 2001.)
  13. 32121.8.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The El Camino Hospital-Corporation may use tenants to operate and maintain all or part of El Camino Hospital and may enter lease agreements for that purpose, but the leases must follow Section 32128 and cannot exceed 30 years for the entire hospital or 10 years for less than the entire hospital.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.8. The El Camino Hospital-Corporation may provide for the operation and maintenance through tenants of the whole or any part of the El Camino Hospital, and for that purpose may enter into any lease agreement that it believes will best serve the interest of the El Camino Hospital District. A lease entered into with one or more corporations, partnerships, limited liability companies or other entities or persons for the operation of 50 percent or more of the El Camino Hospital, or that is part of or contingent upon a transfer of 50 percent or more of the El Camino Hospital-Corporation’s assets, in sum or by increment, as described in Section 32127.7 shall be subject to the requirements of Section 32121.7. Any lease for the operation of El Camino Hospital shall require the tenant or lessee to comply with Section 32128. No lease for the operation of the entire hospital shall run for a term in excess of 30 years. No lease for the operation of less than the entire hospital shall run for a term in excess of 10 years. (Added by Stats. 1999, Ch. 151, Sec. 2. Effective January 1, 2000.)
  14. 32121.9.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    If a district leases or transfers its assets to a corporation under this division, it must act as an advocate for the community and report annually on progress toward meeting community health needs.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32121.9. A district that leases or transfers its assets to a corporation pursuant to this division, including, but not limited to, subdivision (p) of Section 32121 or Section 32126, shall act as an advocate for the community to the operating corporation. The district shall annually report to the community on the progress made in meeting the community’s health needs. (Added by Stats. 2000, Ch. 798, Sec. 3. Effective September 28, 2000.)
  15. 32122.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may buy necessary surgical instruments, hospital equipment, nurses’ home equipment, and other property needed to equip the hospital and nurses’ home.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32122. The board of directors may purchase all necessary surgical instruments and hospital equipment and equipment for nurses’ homes and all other property necessary for equipping a hospital and nurses’ home. (Added by Stats. 1945, Ch. 932.)
  16. 32123.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may buy real property and build, rent, and equip buildings or rooms needed for the hospital.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32123. The board of directors may purchase such real property, and erect or rent and equip such buildings or building, room or rooms as may be necessary for the hospital. (Added by Stats. 1945, Ch. 932.)
  17. 32124.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may set up a nurses’ training school at the hospital, set the course of study, and arrange for diplomas to graduate nurses after the course is completed.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32124. The board of directors may establish a nurses’ training school in connection with the hospital, prescribe a course of study for such training and after the completion of the course, provide for the issuance of diplomas to graduate nurses. (Added by Stats. 1945, Ch. 932.)
  18. 32125.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must run the district’s health care facilities, make needed rules, and enforce minimum operating standards. The district may not contract to care for indigent county patients below cost. The chief executive officer may create a task force unless the board forbids it.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32125. (a) The board of directors shall be responsible for the operation of all health care facilities owned or leased by the district, according to the best interests of the public health and shall make and enforce all rules, regulations and bylaws necessary for the administration, government, protection and maintenance of health care facilities under their management and all property belonging thereto and may prescribe the terms upon which patients may be admitted thereto. Minimum standards of operation as prescribed in this article shall be established and enforced by the board of directors. (b) A district shall not contract to care for indigent county patients at below the cost for care. In setting the rates the board shall, insofar as possible, establish rates as will permit the district health care facilities to be operated upon a self-supporting basis. The board may establish different rates for residents of the district than for persons who do not reside within the district. (c) Notwithstanding any other provision of law, unless prohibited from doing so by action of the board of directors, the chief executive officer may establish a task force to assist the chief executive officer in operating the district’s facilities. The chief executive officer shall, if required to do so by action of the board, select task force members from individuals nominated by the board. Once established, the task force may be dissolved by action of the chief executive officer or the board. Any action by the board under this subdivision shall require four votes from a board on which there are five members or five votes from a board on which there are seven members. (Amended by Stats. 1994, Ch. 696, Sec. 8. Effective January 1, 1995.)
  19. 32126.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district board may lease hospital operations, but certain leases must meet extra conditions, lease terms are capped, and the district must report some leases to the Attorney General within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32126. (a) The board of directors may provide for the operation and maintenance through tenants of the whole or any part of any hospital acquired or constructed by it pursuant to this division, and for that purpose may enter into any lease agreement that it believes will best serve the interest of the district. A lease entered into with one or more corporations for the operation of 50 percent or more of the district’s hospital, or that is part of, or contingent upon, a transfer of 50 percent or more of the district’s assets, in sum or by increment, as described in subdivision (p) of Section 32121, shall be subject to the requirements of subdivision (p) of Section 32121. Any lease for the operation of any hospital shall require the tenant or lessee to conform to, and abide by, Section 32128. No lease for the operation of an entire hospital shall run for a term in excess of 30 years. No lease for the operation of less than an entire hospital shall run for a term in excess of 10 years. (b) Notwithstanding any other provision of law, a sublease, an assignment of an existing lease, or the release of a tenant or lessee from obligations under an existing lease in connection with an assignment of an existing lease shall not be subject to the requirements of subdivision (p) of Section 32121 so long as all of the following conditions are met: (1) The sublease or assignment of the existing lease otherwise remains in compliance with subdivision (a). (2) The district board determines that the total consideration that the district shall receive following the assignment or sublease, or as a result thereof, taking into account all monetary and other tangible and intangible consideration to be received by the district including, without limitation, all benefits to the communities served by the district, is no less than the total consideration that the district would have received under the existing lease. (3) The existing lease was entered into on or before July 1, 1984, upon approval of the board of directors following solicitation and review of no less than five offers from prospective tenants. (4) If substantial amendments are made to an existing lease in connection with the sublease or assignment of that existing lease, the amendments shall be fully discussed in advance of the district board’s decision to adopt the amendments in at least two properly noticed open and public meetings in compliance with Section 32106 and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (c) A health care district shall report to the Attorney General, within 30 days of any lease of district assets to one or more corporations, the type of transaction and the entity to whom the assets were leased. (Amended (as amended by Stats. 2005, Ch. 194, Sec. 4) by Stats. 2010, Ch. 699, Sec. 25.6. (SB 894) Effective January 1, 2011.)
  20. 32126.3.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The lease may be renegotiated or extended for up to 30 more years, but the renegotiation or extension must be presented to and approved by a majority of the district’s voters.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32126.3. Notwithstanding any provision of law to the contrary, the lease in existence immediately preceding January 1, 2006, between the Grossmont Healthcare District and the Grossmont Hospital Corporation that was entered into on May 29, 1991, may be renegotiated or extended for up to an additional 30-year term. The renegotiations or extension shall be presented to, and approved by a majority of, the voters of the district. (Added by Stats. 2005, Ch. 195, Sec. 1. Effective January 1, 2006.)
  21. 32126.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district board, or an affiliated nonprofit corporation, may take specified health-service actions if it decides they are necessary for adequate health services.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32126.5. (a) The board of directors of a hospital district or any affiliated nonprofit corporation may do any of the following when it determines that the action is necessary for the provision of adequate health services to communities served by the district: (1) Enter into contracts with health provider groups, community service groups, independent physicians and surgeons, and independent podiatrists, for the provision of health services. (2) Provide assistance or make grants to nonprofit provider groups and clinics already functioning in the community. (3) Finance experiments with new methods of providing adequate health care. (b) Nothing in this section shall authorize activities which corporations and other artificial legal entities are prohibited from conducting by Section 2400 of the Business and Professions Code. (Amended by Stats. 1992, Ch. 981, Sec. 4. Effective January 1, 1993.)
  22. 32127.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The hospital district must set up its own treasury, appoint a treasurer, and manage district funds through specified funds and payment rules.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32127. The hospital district shall establish its own treasury and shall appoint a treasurer charged with the safekeeping and disbursal of the funds in the treasury of the district. The board of directors shall fix the amount of the bond to be given by such treasurer and shall provide for the payment of the premium therefor out of the maintenance and operation fund. All moneys derived from that portion, if any, of the annual tax or assessment levied for capital outlay purposes shall be placed in the capital outlay fund. Any moneys derived from a special tax or assessment levied under Article 3 of Chapter 3 hereof shall be placed in a special assessment fund and shall be used exclusively for the purposes for which such special tax or assessment was voted. All moneys derived from the regular annual tax or assessment provided in Article 1, Chapter 3 hereof, except any part thereof levied for capital outlay purposes, shall be placed in the maintenance and operation fund. All receipts and revenues of any kind from the operation of the hospital shall be paid daily into the treasury of said district and placed in the maintenance and operation fund. Moneys in the maintenance and operation fund may be expended for any of the purposes of the district; provided, however, that no such moneys may be expended for new construction of additional patient bed capacity other than as authorized by Section 32221 hereof. Whenever it appears that the sum in the bond interest and sinking fund will be insufficient to pay the interest or principal of bonds next coming due and payable therefrom, a sum sufficient to pay such principal and interest shall be transferred by the board of directors from the maintenance and operation fund to said bond interest and sinking fund. Except as to principal and interest of bonds, moneys in the treasury of the district shall be paid out by the treasurer, or such other officer or officers of the district, including the administrator, as may be authorized by the board. The treasurer shall keep such order as his voucher and shall keep accounts of all receipts into the district treasury and all disbursements therefrom. Where bonds of the district are payable at the office of the district, all receipts from taxes levied to pay the principal and interest of such bonds shall be paid into the treasury of the district, and the treasurer of the district shall pay therefrom the principal and interest of such bonds. Where bonds of the district are payable at the office of the county treasurer of the organizing county, at the option of the holder, or otherwise, all receipts from taxes levied to pay principal and interest of such bonds shall be paid into the treasury of the organizing county and shall be placed by the county treasurer in the bond interest and sinking fund of the district, and he shall pay the principal and interest of such bonds therefrom and shall keep an account of all moneys received into and paid out of said fund. Any moneys in the treasury of the district and any moneys of the district in the bond interest and sinking fund of the district in the treasury of the organizing county may be deposited in accordance with the provisions of the general laws of the State of California governing the deposit of public moneys of cities or counties in such bank or banks in the State of California as may be authorized to receive deposits of public funds, in the same manner and upon the same security as public moneys of cities and counties are deposited in such banks, and with like force and effect. The board of directors of the district are authorized to create a revolving fund which fund shall not exceed the sum of 10 percent of the estimated annual expenditures of the district at any one time and which shall be used for the purpose of paying the interim expenses of the operation of any hospital within the district without the necessity of a written order signed by the president and countersigned by the secretary as provided herein. The treasurer is authorized to deposit said fund in such bank or banks in the county as may be authorized to receive deposits of public funds in the same manner and upon the same security as public moneys of cities and counties are deposited in such banks and with like force and effect, and shall be subject to withdrawal upon the signature of the treasurer, or such other official of the district as may be authorized by the board of directors, for the use and purpose provided for herein. (Amended by Stats. 1977, Ch. 775.)
  23. 32127.1.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A qualifying hospital district board may use certain tax-levy funds to add patient bed capacity, including by leasing or buying hospital facilities or by new construction, without creating a capital outlays fund or getting elector approval.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32127.1. Notwithstanding any other provision of law, the board of directors of any district which is licensed to have 85 beds and located within a county of 2,000,000 or more population, as determined by the 1950 census, may, without establishing a fund for capital outlays and without the approval of the district electors, use all or any funds in the possession of, or held by, the district on the effective date of the amendment made to this section at the 1967 Regular Session which were derived from previous tax levies, for the acquisition of additional patient bed capacity by lease or purchase of any hospital buildings or facilities or for new construction of additional patient bed capacity for an existing hospital. (Amended by Stats. 1967, Ch. 102.)
  24. 32127.2.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district board may borrow money or issue bonds and give certain security interests for specified health facility financing purposes.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32127.2. Exclusively for the purpose of securing state insurance of financing for the construction of new health facilities, the expansion, modernization, renovation, remodeling and alteration of existing health facilities, and the initial equipping of any such health facilities under Chapter 1 (commencing with Section 129000) of Part 6 of Division 107, and notwithstanding any provision of this division or any other provision or holding of law, the board of directors of any district may (a) borrow money or credit, or issue bonds, as well as by the financing methods specified in this division, and (b) execute in favor of the state first mortgages, first deeds of trust, and other necessary security interests as the Office of Statewide Health Planning and Development may reasonably require in respect to a health facility project property as security for the insurance. No payments of principal, interest, insurance premium and inspection fees, and all other costs of state-insured loans obtained under the authorization of this section shall be made from funds derived from the district’s power to tax. It is hereby declared that the authorizations for the executing of the mortgages, deeds of trust and other necessary security agreements by the board and for the enforcement of the state’s rights thereunder is in the public interest in order to preserve and promote the health, welfare, and safety of the people of this state by providing, without cost to the state, a state insurance program for health facility construction loans in order to stimulate the flow of private capital into health facilities construction to enable the rational meeting of the critical need for new, expanded and modernized public health facilities. (Amended by Stats. 1996, Ch. 1023, Sec. 296. Effective September 29, 1996.)
  25. 32127.3.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district board may borrow money, issue bonds, and grant certain security interests for specified federal health-facility financing, but district tax funds may not be used to pay the related financing costs.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32127.3. (a) Exclusively for the purpose of securing federal mortgage insurance, federal loans, federal loans or grants or guaranteed loans issued pursuant to the federal Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921, et seq.), as amended by Public Law 109-171 on February 8, 2006, or federally insured loans issued pursuant to the National Housing Act (12 U.S.C. Secs. 1715w and 1715z-7) for financing or refinancing the construction of new health facilities, the expansion, modernization, renovation, remodeling, or alteration of existing health facilities, and the initial equipping of those health facilities under the federal mortgage insurance programs as are now or may hereafter become available to a local hospital district, and notwithstanding any provision of this division, or any other provision or holding of law, the board of directors of any district may do either or both of the following: (1) Borrow money or issue bonds, in addition to other financing methods authorized under this division. (2) Execute, in favor of the United States, appropriate federal agency, or federally designated mortgagor, first mortgages, first deeds of trust, or other necessary security interests as the federal government may reasonably require with respect to a health facility project property as security for that insurance. (b) No payments of principal, interest, insurance premiums and inspection fees, and all other costs of financing obtained as authorized by this section shall be made from funds derived from the district’s power to tax. (c) The Legislature hereby determines and declares that the authorizations for executing the mortgages, deeds of trust, or other necessary security agreements by the board and for the enforcement of the federal government’s rights thereunder are in the public interest in order to preserve and promote the health, welfare, and safety of the people of the state by providing, without cost to the state, a federal mortgage insurance program for health facility construction loans in order to stimulate the flow of private capital into health facilities construction to enable the critical need for new, expanded, and modernized public health facilities to be met. (d) The Legislature further determines and declares that the United States, appropriate federal agency, or federally designated mortgagor named as beneficiary of any first mortgage or other security interest delivered as authorized by this section is not a private person or body within the meaning of Section 11 of Article XI of the California Constitution. (Amended by Stats. 2010, Ch. 46, Sec. 1. (AB 2731) Effective January 1, 2011.)
  26. 32127.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The district board may shift district treasury functions to the county treasurer, and later restore a district treasurer office by resolution.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32127.5. (a) Upon the adoption of a resolution of the board of directors of the district so providing, all funds on hand in the treasury of the district may, be paid over to the county treasurer of the county in which the district was organized, in which case and from and after the date of the adoption of such resolution the functions of the district treasurer shall be performed by the county treasurer. Except as to principal and interest of bonds, moneys in the treasury of the district shall be paid out by the county treasurer for purposes of the district upon warrants issued by the county auditor on orders signed by the president of the district and countersigned by the secretary of the district. (b) At any time, the district board may, by resolution, reestablish the office of district treasurer and, upon receipt of a copy of such resolution, notwithstanding any other provision of law, the county treasurer shall transfer all funds of the district to the district treasurer. (Amended by Stats. 1970, Ch. 623.)
  27. 32128.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Hospital rules set by the board of directors must include specified medical-staff governance and recordkeeping provisions, and the board has limited authority to indemnify or pay certain peer-review-related judgments.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32128. (a) The rules of the hospital, established by the board of directors pursuant to this article, shall include all of the following: (1) Provision for the organization of physicians and surgeons, podiatrists, and dentists licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff, with appropriate officers and bylaws and with staff appointments on an annual or biennial basis. (2) Provision for a procedure for appointment and reappointment of medical staff as provided by the standards of the Joint Commission on Accreditation of Healthcare Organizations. (3) Provisions that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet in accordance with the minimum requirements of the Joint Commission on Accreditation of Healthcare Organizations; and that the medical records of the patients shall be the basis for such review and analysis. (4) Provision that accurate and complete medical records be prepared and maintained for all patients. For purposes of this paragraph medical records include, but are not limited to, identification data, personal and family history, history of present illness, physical examination, special examinations, professional or working diagnoses, treatment, gross and microscopic pathological findings, progress notes, final diagnosis, condition on discharge, and other matters as the medical staff shall determine. (5) Limitations with respect to the practice of medicine and surgery in the hospital as the board of directors may find to be in the best interests of the public health and welfare, including appropriate provision for proof of ability to respond in damages by applicants for staff membership, as long as no duly licensed physician and surgeon is excluded from staff membership solely because he or she is licensed by the Osteopathic Medical Board of California. (b) Notwithstanding any other provision of law, the board of directors may indemnify for damages and for costs associated with the legal defense of any nonemployee member of the medical staff when named as a defendant in a civil action directly arising out of opinions rendered, statements made, or actions taken as a necessary part of participation in the medical peer review activities of the district. This provision for indemnification for damages shall not include any award of punitive or exemplary damages against any nonemployee member of the medical staff. If the plaintiff prevails in a claim for punitive or exemplary damages against a nonemployee member of the medical staff, the defendant, at the option of the board of directors of the district, shall be liable to the district for all the costs incurred in providing representation to the defendant. (c) Notwithstanding subdivision (b) or any other provision of law, a district is authorized to pay that part of a judgment that is for punitive or exemplary damages against a nonemployee member of the medical staff arising out of participation in peer review activities, if the board of directors of the district, in its discretion, finds all of the following: (1) The judgment is based on opinions rendered, statements made, or actions taken as a necessary part of participation in the medical peer review activities of the district. (2) At the time of rendering of the opinions, making the statements, or taking the actions giving rise to the liability, the nonemployee member of the medical staff was acting in good faith, without actual malice, and in the apparent best interests of the district. (3) Payment of the claim or judgment against the nonemployee member staff would be in the best interests of the district. (d) The rules of the hospital shall, insofar as consistent with this article, be in accord with and contain minimum standards not less than the rules and standards of private or voluntary hospitals. Unless specifically prohibited by law, the board of directors may adopt other rules which could be lawfully adopted by private or voluntary hospitals. (Amended by Stats. 2006, Ch. 314, Sec. 2. Effective January 1, 2007.)
  28. 32128.10.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Hospitals that offer sterilization for contraceptive purposes, and their medical staff, must not require special nonmedical qualifications from the patient that are not required for other hospital operations.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32128.10. No hospital established by the board of directors pursuant to this article which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such hospital, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the hospital. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority. (Added by Stats. 1972, Ch. 1425.)
  29. 32129.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district board or affiliated nonprofit corporation may contract for professional health services, but the arrangement must not produce profit or gain for the district and any fees or charges must be reasonable and fair.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32129. Notwithstanding the provisions of the Medical Practice Act, the board of directors of a hospital district or any affiliated nonprofit corporation may contract with physicians and surgeons, podiatrists, health care provider groups, and nonprofit corporations for the rendering of professional health services on a basis as does not result in any profit or gain to the district from the services so rendered and as allows the board to ensure that fees and charges, if any, are reasonable, fair, and consistent with the basic commitment of the district to provide adequate health care to all residents within its boundaries. (Amended by Stats. 1992, Ch. 981, Sec. 5. Effective January 1, 1993.)
  30. 32129.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district board, or its affiliated nonprofit corporation, may contract with a physician and surgeon or podiatrist to provide hospital services so an outpatient emergency department stays staffed.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32129.5. Notwithstanding any other provision of law, the board of directors of a hospital district or any affiliated nonprofit corporation may contract with a physician and surgeon or podiatrist for the rendering of professional services in the hospital, for the purpose of assuring that a physician and surgeon or podiatrist will be on duty in an outpatient emergency department maintained by the hospital, on a basis as does not result in any profit or gain to the district from the professional services of the physician and surgeon. For purposes of this section, the contract with the podiatrist shall be for those services which the podiatrist is licensed to practice pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (Amended by Stats. 1992, Ch. 981, Sec. 6. Effective January 1, 1993.)
  31. 32130.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may borrow money and incur debt up to 85% of its estimated income and revenue for the current fiscal year, and it must repay that borrowing within the same fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32130. A district may borrow money and incur indebtedness in an amount not to exceed 85 percent of all estimated income and revenue for the current fiscal year, including, but not limited to, tax revenues, operating income, and any other miscellaneous income received by the district, from whatever source derived. The money borrowed and indebtedness incurred under this section shall be repaid within the same fiscal year. (Amended by Stats. 1986, Ch. 1355, Sec. 3.)
  32. 32130.1.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may borrow for current maintenance and operating expenses, but only within a capped amount and subject to vote, sale, signature, notice, interest-rate, and tax-levy requirements.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32130.1. A district is also authorized, when funds are needed to meet current expenses of maintenance and operation, to borrow money on certificates of indebtedness or other evidence of indebtedness in an amount not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of the district, the certificates of indebtedness to run for a period not to exceed five years and to bear interest not to exceed the rate prescribed in Section 53531 of the Government Code. All certificates of indebtedness or other evidence of indebtedness shall be issued after the adoption by a three-fifths vote of the board of directors of the district of a resolution setting forth the necessity for the borrowing and the amount of the assessed valuation of the district and the amount of funds to be borrowed thereon. All certificates of indebtedness or other evidence of indebtedness shall be offered at public sale by the board of directors of the district after not less than 10 days advertising in a newspaper of general circulation within the district and if no newspaper of general circulation is printed within the district, then in a newspaper of general circulation within the county in which the district is located. Each sale shall be made to the bidder offering the lowest rate of interest or whose bid represents the lowest net cost to the district. However, the rate of interest shall not exceed the rate prescribed in Section 53531 of the Government Code. The certificates of indebtedness or other evidences of indebtedness shall be signed on behalf of the district by the presiding officer and attested by the secretary of the board of directors of the district. The board of supervisors of the county in which the district lies shall, at the time of fixing the general tax levy, sometimes called the annual assessment or regular annual assessment for the district, and in the manner for the general tax levy provided, levy and collect annually each year until the certificates of indebtedness or other evidences of indebtedness are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all sums coming due for principal and interest on the certificates of indebtedness or other evidences of indebtedness, tax sufficient to pay the interest on the certificates of indebtedness as the same become due and also, to constitute a sinking fund for the payment of the principal thereof at maturity. The tax shall be in addition to all of the taxes levied for district purposes and shall be placed in a certificate of indebtedness, interest and sinking fund of the district and, until all of the principal of the interest and certificates of indebtedness is paid, the money in the fund shall be used for no other purpose than the payment of the certificates of indebtedness and accruing interest thereon. (Amended by Stats. 1987, Ch. 405, Sec. 1.)
  33. 32130.2.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may issue negotiable promissory notes for district purposes if the board approves by majority resolution and the section’s limits are met.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32130.2. (a) A district may, by resolution adopted by a majority of the district board, issue negotiable promissory notes to acquire funds for any district purposes subject to the restrictions and requirements imposed by this section. The maturity of the promissory notes shall not be later than 10 years from the date thereof. The total aggregate amount of the notes outstanding at any one time shall not exceed 85 percent of all estimated income and revenue for the current fiscal year, including, but not limited to, tax revenues, operating income, and any other miscellaneous income of the district. Indebtedness incurred pursuant to any other provision of law shall be disregarded in computing the aggregate amount of notes that may be issued pursuant to this section. (b) Negotiable promissory notes may be issued pursuant to this section for any capital outlay facility, equipment, or item which has a useful life equal to, or longer than, the term of the notes, as determined by the board of directors. (c) The maximum annual interest rate which may be paid on negotiable promissory notes shall at no time exceed the amount authorized under Section 53531 of the Government Code. (Amended by Stats. 1987, Ch. 405, Sec. 2.)
  34. 32130.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The first board of directors of a district may borrow money within two years after the district is formed, but only by resolution and subject to repayment and borrowing limits.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32130.5. The first board of directors of a district may, within a period of two years from and after the formation of the district, pursuant to a resolution adopted by it for the purpose, borrow money on certificates of indebtedness, promissory notes, or other evidences of indebtedness, in anticipation of the estimated tax revenue for the following fiscal year, to be repaid within two years from the date of borrowing with interest at a rate not to exceed 5 percent per annum, in order to enable the district to meet all of its necessary initial expenses of organization, construction, acquisition, maintenance, and operation. The total amount of money borrowed and indebtedness incurred under this section and Section 32130 during this two-year period shall not exceed 50 percent of the total amount of estimated tax revenue as estimated by the county auditor or auditors of the county or counties in which the district lies for the following fiscal year. The provisions of Section 32130 are applicable in respect to any indebtedness incurred under this section to the extent that they are consistent with this section. (Amended by Stats. 1959, Ch. 1080.)
  35. 32130.6.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may use resolutions to borrow through lines of credit and enter certain leases, but the section sets repayment and term limits and restricts tax increases used to repay a line of credit.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32130.6. Notwithstanding any other provision of law, a district may do any of the following by resolution adopted by a majority of the district board: (a) (1) Enter into a line of credit with a commercial lender that is secured, in whole or in part, by the accounts receivable or other intangible assets of the district, including anticipated tax revenues, and thereafter borrow funds against the line of credit to be used for any district purpose. (2) Any money borrowed under this line of credit pursuant to paragraph (1) shall be repaid within five years from each separate borrowing or draw upon the line of credit. (3) The district may enter into a new and separate line of credit to repay a previous line of credit pursuant to paragraph (1), provided that the district complies with this section in entering into a new line of credit. (4) Enter into a line of credit with a commercial lender for the sole purpose of consolidating debt incurred by the district prior to January 1, 2010. Debt incurred under this paragraph shall be repaid within 20 years of the consolidation borrowing. The total amount of debt that a district may have outstanding at any one time under this paragraph shall not exceed the amount of two million dollars ($2,000,000). (b) Enter into capital leases for the purchase by the district of equipment to be used for any district purpose. (1) The term of any capital lease shall not be longer than 10 years. (2) The district may secure the purchase of equipment by a capital lease by giving the lender a security interest in the equipment leased under the capital lease. (c) Enter into lease-purchase agreements for the purchase by the district of real property, buildings, and facilities to be used for any district purpose. The term of any lease-purchase agreement shall not exceed 10 years. (d) Nothing in this section shall provide the district with the authority to increase taxes in order to repay a line of credit established pursuant to subdivision (a) unless the tax is passed pursuant to Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2010, Ch. 70, Sec. 1. (SB 1458) Effective July 9, 2010.)
  36. 32131.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may join eligible public-health or hospital-administration associations and pay related dues and fees.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32131. The board of directors may maintain membership in any local, state or national group or association organized and operated for the promotion of the public health and welfare or the advancement of the efficiency of hospital administration, and in connection therewith pay dues and fees thereto. (Added by Stats. 1951, Ch. 277.)
  37. 32132.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must generally award covered contracts over $25,000 to the lowest responsible bidder, or reject all bids. For small and rural hospital districts, certain materials-and-supplies purchases over $25,000 and under $50,000 must be obtained through competitive means, unless a listed exception applies.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132. (a) Except as otherwise provided in this section, or in Chapter 3.2 (commencing with Section 4217.10) of Division 5 of Title 1 of the Government Code, the board of directors shall let any contract involving an expenditure of more than twenty-five thousand dollars ($25,000) for materials and supplies to be furnished, sold, or leased to the district, or any contract involving an expenditure of more than twenty-five thousand dollars ($25,000) for work to be done, to the lowest responsible bidder who shall give the security the board requires, or else reject all bids. Except as otherwise provided in this section, for a local health care district that is a small and rural hospital, as defined in Section 124840, the board of directors shall acquire materials and supplies that cost more than twenty-five thousand dollars ($25,000), but less than fifty thousand dollars ($50,000), through competitive means, except when the board determines either that (1) the materials and supplies proposed for acquisition are the only materials and supplies that can meet the district’s need, or (2) the materials and supplies are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. As used in this paragraph, “competitive means” has the same meaning as used in subdivision (b) of Section 32138. (b) Subdivision (a) shall not apply to medical or surgical equipment or supplies, to professional services, or to electronic data processing and telecommunications goods and services. (c) Bids need not be secured for change orders that do not materially change the scope of the work as set forth in a contract previously made if the contract was made after compliance with bidding requirements, and if each individual change order does not total more than 5 percent of the contract. (d) As used in this section, “medical or surgical equipment or supplies” includes only equipment or supplies commonly, necessarily, and directly used by, or under the direction of, a physician and surgeon in caring for or treating a patient in a hospital. (e) Nothing in this section shall prevent any district health care facility from participating as a member of any organization described in Section 23704 of the Revenue and Taxation Code, nor shall this section apply to any purchase made, or services rendered, by the organization on behalf of a district health care facility that is a member of the organization. (Amended by Stats. 1996, Ch. 1023, Sec. 297. Effective September 29, 1996.)
  38. 32132.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The Sonoma Valley Health Care District board may approve use of the design-build procedure for certain hospital construction contracts, and any project using that process must be reviewed and inspected under hospital seismic safety standards.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132.5. (a) Notwithstanding Section 32132 or any other provision of law, upon approval by the board of directors of the Sonoma Valley Health Care District, the design-build procedure described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of a building or improvements directly related to construction of a hospital or health facility building at the Sonoma Valley Hospital. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “county” and “local agency” shall mean the Sonoma Valley Health Care District and its board of directors. (c) A hospital building project utilizing the design-build process authorized by subdivision (a) shall be reviewed and inspected in accordance with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107). (d) This section shall become operative January 1, 2025. (Repealed (in Sec. 4) and added by Stats. 2014, Ch. 931, Sec. 5. (SB 785) Effective January 1, 2015. Section operative January 1, 2025, by its own provisions.)
  39. 32132.6.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A health care district may use the design-build procedure for certain hospital-related construction projects if its board of directors approves.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132.6. (a) Notwithstanding Section 32132 or any other law, upon approval by its board of directors, a health care district may use the design-build procedure described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to assign contracts for the construction of a building or improvements directly related to construction of a hospital or health facility building. (b) For purposes of this section, except where the context otherwise requires, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean a health care district that owns or operates a hospital or clinic and its board of directors. (c) A hospital building project utilizing the design-build process authorized by subdivision (a) shall be reviewed and inspected in accordance with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107). (d) Except as provided in this section, this section shall not be construed to affect the application of any other law. (Added by Stats. 2025, Ch. 35, Sec. 1. (AB 533) Effective January 1, 2026.)
  40. 32132.7.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    With board approval, the Last Frontier Health Care District may use a design-build contracting procedure for certain hospital-related construction at Modoc Medical Center.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132.7. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Last Frontier Health Care District, the design-build procedure described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of a building or improvements directly related to construction of a hospital or health facility building at the Modoc Medical Center. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Last Frontier Health Care District and its board of directors. (c) A hospital building project utilizing the design-build process authorized by subdivision (a) shall be reviewed and inspected in accordance with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107). (Added by Stats. 2014, Ch. 18, Sec. 2.5. (SB 268) Effective May 29, 2014. Operative on January 1, 2015, when Ch. 931 (SB 785) took effect, as provided in Stats. 2014, Ch. 18, Sec. 4. Note: The version added by Sec. 2 of Stats. 2014, Ch. 18, was previously operative.)
  41. 32132.8.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The district may use the design-build contracting procedure for certain hospital construction projects if its board approves, and those projects must be reviewed and inspected under the hospital seismic safety standards.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132.8. (a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Mayers Memorial Hospital District, the design-build procedure described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of a building or improvements directly related to construction of a hospital or health facility building at the Mayers Memorial Hospital. (b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” mean the Mayers Memorial Hospital District and its board of directors. (c) A hospital building project utilizing the design-build process authorized by subdivision (a) shall be reviewed and inspected in accordance with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107). (Amended by Stats. 2016, Ch. 86, Sec. 188. (SB 1171) Effective January 1, 2017.)
  42. 32132.96.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    If a district uses the design-build process for housing, it must make at least 20% of the units affordable for at least 55 years, unless one of the stated exceptions applies.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32132.96. (a) Except as provided in subdivision (b), (c), or (d), a district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of housing shall require that at least 20 percent of the residential units constructed be subject to a recorded affordability restriction for at least 55 years and be affordable to all of the following: (1) Lower income households, as defined in Section 50079.5. (2) Very low income households, as defined in Section 50105. (3) Extremely low income households, as defined in Section 50106. (4) Persons and families of low or moderate income, as defined in Section 50093. (b) Subdivision (a) shall not apply if the city, county, or city and county in which the district is predominantly located has adopted a local ordinance that requires a greater percentage of the units be affordable to lower income households, very low income households, extremely low income households, and persons and families of low or moderate income. (c) Subdivision (a) shall not apply to any district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of any health facilities or retirement facilities exclusively providing care or supportive services to the elderly, disabled adults, or individuals with dementia, including, but not limited to, residential care facilities for the elderly. (d) Subdivision (a) shall not apply to any district that is authorized and elects to use the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code for the construction of workforce housing that is otherwise required by local ordinance. (Added by Stats. 2018, Ch. 257, Sec. 2. (AB 2019) Effective January 1, 2019.)
  43. 32133.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board must hire a qualified accountant at least once a year to audit the hospital’s books and prepare a report, and it must publish notice of that report with specified information.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32133. At least once each year the board shall engage the services of a qualified accountant of accepted reputation to conduct an audit of the books of the hospital and prepare a report. A notice of the report shall be published, pursuant to Section 6061 of the Government Code and shall include all of the following: (a) The date the audit was completed. (b) The preparer and the executor of the audit. (c) The location, including address, of the file for public inspection. (d) The website link to the audit report on the district’s internet website. (e) A summary of any material findings or declaration of no material findings. (Amended by Stats. 2021, Ch. 224, Sec. 5. (SB 813) Effective January 1, 2022.)
  44. 32134.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    For contracts to construct and lease hospital buildings or facilities, the effective date is the lease execution date, even if the lease is later amended.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32134. The effective date of any contract entered into for the construction and leasing of any hospital building or facilities shall be the date of execution of said lease notwithstanding the fact that said lease may be later amended. (Added by Stats. 1957, Ch. 539.)
  45. 32136.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may award contracts without using the bidding rules if it first determines there is an emergency caused by fire, flood, storm, epidemic, or another disaster and the spending is needed to protect public health, safety, welfare, or property.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32136. The board of directors may, without following the bidding provisions in Section 32132 hereof, let contracts for work to be done or for materials and supplies to be furnished, sold or leased to the district, if it first determines that an emergency exists warranting such expenditure due to fire, flood, storm, epidemic, or other disaster and is necessary to protect the public health, safety, welfare, or property. (Added by Stats. 1959, Ch. 1081.)
  46. 32137.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may change the district’s name by resolution; the change takes effect when a verified copy of the resolution is filed with the county clerk.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32137. The board of directors may, by resolution, change the name of the district. The change in the name of the district shall be effective upon the filing of a verified copy of the resolution with the county clerk of the county or counties in which the hospital district lies. (Amended by Stats. 1998, Ch. 829, Sec. 42. Effective January 1, 1999.)
  47. 32138.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must use competitive means to buy certain electronic data processing and telecommunications goods and services costing more than $25,000, unless a narrow exception applies.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32138. (a) The board of directors shall acquire electronic data processing and telecommunications goods and services with a cost to the district of more than twenty-five thousand dollars ($25,000) through competitive means, except when the board determines either that (1) the goods and services proposed for acquisition are the only goods and services which can meet the district’s need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. (b) As used in this section, “competitive means” includes any appropriate means specified by the board, including, but not limited to, the preparation and circulation of a request for a proposal to an adequate number of qualified sources, as determined by the board in its discretion, to permit reasonable competition consistent with the nature and requirements of the proposed acquisition. (c) When the board awards a contract through competitive means pursuant to this section, the contract award shall be based on the proposal which provides the most cost-effective solution to the district’s requirements, as determined by the evaluation criteria specified by the board. The evaluation criteria may provide for the selection of a vendor on an objective basis other than cost alone. (Amended by Stats. 1992, Ch. 1358, Sec. 5. Effective January 1, 1993.)
  48. 32139.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must adopt an annual budget by September 1, maintain a website with specified district information, and adopt annual grant/assistance policies with required contents.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32139. The board of directors shall do all of the following: (a) Adopt an annual budget in a public meeting, on or before September 1 of each year, that conforms to generally accepted accounting and budgeting procedures for special districts. (b) Establish and maintain an Internet Web site that lists contact information for the district. The Internet Web site shall also list all of the following: (1) The adopted budget. (2) A list of current board members. (3) Information regarding public meetings required pursuant to Section 32106 or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (4) A municipal service review or special study conducted by a local agency formation commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), if any. The board may comply with this paragraph by posting a link on its Internet Web site to another government Internet Web site that contains the specified information. (5) Recipients of grant funding or assistance provided by the district, if any. (6) Audits of the district’s accounts and records pursuant to Section 26909 of the Government Code or Section 32133 of this code. The board may comply with this paragraph by posting a link on its Internet Web site to another government Internet Web site that contains the specified information. (7) Annual financial reports to the Controller, submitted pursuant to Section 53890 of the Government Code. The board may comply with this paragraph by posting a link on its Internet Web site to another government Internet Web site that contains the specified information. (8) The district’s policy for providing assistance or grant funding described in subdivision (c). (9) Any other information the board deems relevant. (c) Adopt annual policies for providing assistance or grant funding, if the district provides assistance or grants pursuant to Section 32126.5 or any other law. This policy shall include all of the following: (1) A nexus between the allocation of assistance and grant funding with health care and the mission of the district. (2) A process for the district to ensure allocated grant funding is spent consistently with the grant application and the mission and purpose of the district, including, but not limited to, requirements that a grant recipient must meet, such as grant contract terms and conditions, fiscal and programmatic monitoring by the district, and reporting to the district. (3) The district’s plan for distributing grant funds for each fiscal year. (4) A process for providing, accepting, and reviewing grant applications. (5) A prohibition against individual meetings regarding grant applications between a grant applicant and a district board member, officer, or staff outside of the district’s established grant awards process. A district’s established grant awards process may include the provision of technical assistance to grant applicants, upon request, by district grant program staff. (6) Beginning January 1, 2020, guidelines for all of the following: (A) Awarding grants to underserved individuals and communities, and to organizations that meet the needs of underserved individuals and communities. (B) Considering the circumstances under which grants may be awarded to multiple or single recipients, and exceptions to these circumstances. (C) Evaluating the financial need of grant applicants. (D) Considering the types of programs eligible for grant funding, including direct patient care, preventive care, and wellness programs. (E) Considering the circumstances under which grants may be provided to prior grant recipients, and exceptions to these circumstances. (F) Considering sponsorships of charitable events. (G) Funding other government agencies. (H) Awarding grants to, and limiting funds for, foundations that are sponsored or controlled by, or associated with, a separate grant recipient. (Amended by Stats. 2018, Ch. 257, Sec. 3. (AB 2019) Effective January 1, 2019.)
  49. 32140.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    If a petition is filed under federal bankruptcy law, the board of directors must give written notice to the local agency formation commission within 10 business days.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Powers [32121 - 32140] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32140. Upon filing a petition under federal bankruptcy law, the board of directors shall provide written notice within 10 business days to the local agency formation commission of the principal county in which it is located. (Added by Stats. 2018, Ch. 257, Sec. 4. (AB 2019) Effective January 1, 2019.)
  50. 32150.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. )

    Verify source ↗

    The hospital board must adopt reasonable rules or bylaws for appellate review of certain medical staff actions affecting professional privileges.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. ) ## 32150. The board of directors shall adopt reasonable rules and regulations, or bylaws, providing for appellate review of any action, decision, or recommendation of the medical staff affecting the professional privileges of any member of, or applicant for membership on, the medical staff. This appellate review shall be conducted consistent with the requirements of Section 809.4 of the Business and Professions Code. The board’s decision rendered after this appellate review shall be final. Nothing in this section shall abrogate the obligation of the hospital and the medical staff to comply with the requirements of Sections 809 to 809.9, inclusive, of the Business and Professions Code. (Amended by Stats. 1992, Ch. 1358, Sec. 6. Effective January 1, 1993.)
  51. 32151.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. )

    Verify source ↗

    The board secretary or hospital administrator must mail notice of the action or decision to the affected applicant or medical staff member within the time set by the applicable bylaw or rule.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. ) ## 32151. The secretary of the board of directors or the hospital administrator shall mail notice of the action or decision to the affected applicant or medical staff member within the time specified in the applicable bylaw or rule. (Amended by Stats. 1992, Ch. 1358, Sec. 7. Effective January 1, 1993.)
  52. 32154.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. )

    Verify source ↗

    The board, or an appointed hearing officer, may issue subpoenas and subpoenas duces tecum with the same power as specified for certain government code officials.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. ) ## 32154. The board or the hearing officer, if one is appointed, shall have the same power with respect to the issuance of subpoenas and subpoenas duces tecum as that granted to any agency or presiding officer pursuant to Article 11 (commencing with Section 11450.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. Any subpoena or subpoena duces tecum issued pursuant to this section shall have the same force and effect and impose the same obligations upon witnesses as that provided in Article 11 (commencing with Section 11450.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1995, Ch. 938, Sec. 70. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  53. 32155.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. )

    Verify source ↗

    The board of directors may hold certain hearings in private or executive session, and affected applicants or medical staff members may request a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Hearing Procedures [32150 - 32155] ( Article 3 added by Stats. 1965, Ch. 731. ) ## 32155. The board of directors may order that the hearing pursuant to this article, and hearings on the reports of the hospital medical audit or quality assurance committees, be held in private or executive session, provided, that an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing. Deliberations of the board of directors in connection with matters pertaining to this article may be held in executive session. (Amended by Stats. 1982, Ch. 1513, Sec. 11.)
  54. 32200.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district formed under this division may be financed through assessments on real and personal property within the district.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32200. Any district formed pursuant to this division may be financed by assessment on real and personal property within the district, pursuant to this chapter. (Added by Stats. 1945, Ch. 932.)
  55. 32202.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of supervisors must levy a district tax on taxable property in the county, within the Section 32203 limit, to fund the district, bond interest, a sinking fund, and certain hospital-building obligations.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32202. The board of supervisors shall thereupon levy upon the taxable property of the district within its own county a tax sufficient in amount to maintain the district but not to exceed the twenty-cent ($0.20) limit provided in Section 32203 and, in addition, a tax sufficient to pay the interest on all outstanding bonds of said district as the same becomes due, and also to constitute a sinking fund for the payment of the principal thereof at maturity, and a tax sufficient to pay rentals and all other sums due or payable under any agreement for the construction and leasing or purchasing of any hospital buildings or facilities entered into by the district pursuant to Section 32135 prior to January 1, 1959. If the district embraces territory lying in more than one county, the amount estimated shall be ratably apportioned among the several counties in the district in proportion to the assessed value of the property in the several counties included within said district as shown upon the last assessment rolls of the said counties, and the estimates apportioned to the several counties shall be rendered to their respective boards of supervisors and the tax shall be levied and collected by the officials of each county upon the property of the district lying therein. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 80.)
  56. 32203.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The district’s tax rate generally cannot exceed $0.20 per $100 of assessed valuation, except for certain excluded levies. The board of directors may call an election to seek a higher maximum tax rate if the existing limit is not enough to maintain the district.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32203. The tax, exclusive of the levy for the payment of the principal and interest of bonds and any special assessment voted hereunder, and exclusive of the levy for the payment of rentals and all other sums due or payable under any agreement for the construction and leasing or purchasing of any hospital buildings or facilities entered into by the district pursuant to Section 32135 prior to January 1, 1959, shall in no case exceed the rate of twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all taxable property within the district, but it may be in addition to all other taxes allowed by law to be levied upon such property. Notwithstanding any other provision of law, if the board of directors of the district determines that the tax limit specified in this section is insufficient to raise enough revenue to maintain the district, the board may call an election pursuant to Section 32241 for the purpose of determining whether a higher maximum tax rate specified by the board in its resolution calling the election shall be established for a period not to exceed five years. If a majority of the voters voting at such election approve the increased tax limit, the board of supervisors shall thereupon levy upon the taxable property of the district within its own county a tax sufficient to maintain the district as provided in this chapter but not to exceed the maximum tax rate approved at the election for the period approved by the voters. (Amended by Stats. 1971, Ch. 594.)
  57. 32204.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The tax must be handled like county taxes, and the collected money must go into the county treasury and then be transferred to the district’s proper funds, with a special rule for certain bond-tax proceeds.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32204. The tax shall be computed, entered upon the tax rolls and collected in the same manner as county taxes are computed, entered and collected. Such taxes shall be a lien on the taxable property of the district and shall be paid with, and not separately from, county taxes. All moneys so collected shall be paid into the county treasury or treasuries of the county or counties in which the district lies and shall be transferred upon order of the district board to the district and placed in the proper fund or funds of the district; provided, however, that the proceeds of any tax levied to pay principal or interest of bonds which is payable at the office of the treasurer of the organizing county at the option of the holder, or otherwise, shall be placed in the bond interest and sinking fund of the district in the treasury of the organizing county. (Amended by Stats. 1981, Ch. 686.)
  58. 32205.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    An election to form a hospital district in and around Dos Palos may be combined with a special tax election and put to voters as one ballot proposition.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Annual Assessments [32200 - 32205] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32205. An election on the formation of a hospital district in and around the City of Dos Palos in the County of Merced, may be combined with an election for the adoption of a special tax pursuant to Article XIII A of the California Constitution and Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, consistent with Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and presented to the voters as a single ballot proposition. If both proposals are presented as a single ballot proposition, the proposed hospital district shall not be created, and the special tax shall not take effect, unless the proposition is approved by two-thirds of the voters voting upon the proposition. (Added by Stats. 1988, Ch. 1346, Sec. 5. Effective September 26, 1988.)
  59. 32221.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may create a capital outlays fund, but the fund cannot be used for certain patient-bed-capacity purchases or construction without approval from the appropriate health planning agency.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32221. The board of directors may establish a fund for capital outlays; provided, that no part of said fund shall be used for acquisition of additional patient bed capacity by lease or purchase of any hospital buildings or facilities or for new construction of additional patient bed capacity for an existing hospital without the approval of the appropriate voluntary area health planning agency established pursuant to Section 127155. If the fund is established, it shall include in the estimate required to be furnished to the board of supervisors a statement of the amount to be included in the annual assessment for this purpose. The amount to be raised shall be included in the tax limitation prescribed by Section 32203. Notwithstanding any other provision of law, the board of supervisors may levy a tax in excess of the maximum tax levy specified in Section 32203 to be used for capital outlay if a majority of the district electors voting at an election held for that purpose approve the imposition of the tax. (Amended by Stats. 1996, Ch. 1023, Sec. 298. Effective September 29, 1996.)
  60. 32222.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may move unencumbered surplus district funds into a capital outlay fund after that fund has been created.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32222. At any time after the creation of a capital outlay fund, the board of directors may transfer to such fund any unencumbered surplus funds remaining on hand in the district at the end of any fiscal year. (Added by Stats. 1945, Ch. 932.)
  61. 32223.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A capital outlay fund must be used only for capital outlay purposes, unless the board of directors votes to discontinue the fund or move unused money as allowed here.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 2. Capital Outlays [32221 - 32223] ( Article 2 added by Stats. 1945, Ch. 932. ) ## 32223. Whenever a capital outlay fund is established, it shall be used only for such purposes, except the board of directors may, by a four-fifths vote of all members, if it finds that the fund is no longer necessary or that there remain in the fund moneys which are no longer required for such purpose, discontinue the fund or transfer so much thereof as is no longer required for capital outlay purposes to the repayment of any bonds outstanding, or if there are no bonds outstanding, to any fund used for the payment of current expenses of the district. (Added by Stats. 1945, Ch. 932.)
  62. 32240.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The district board of directors may ask district electors whether an additional expenditure should be funded by a special assessment.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. ) ## 32240. Whenever it is desired that expenditures be made by the district for the acquisition, construction, maintenance, or alteration of work for the purpose of facilitating the carrying out of the purpose of this division in any district, the board of directors thereof may submit to the electors of the district the question of whether or not the additional expenditure shall be made out of the proceeds of a special assessment to be levied in like manner and on the same basis as the regular annual assessment made by the district. (Added by Stats. 1945, Ch. 932.)
  63. 32241.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district election must be held to authorize the assessment, and the board of directors may call it in its discretion or must call it when a qualifying petition is presented.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. ) ## 32241. An election shall be held to authorize such assessment and may be called by the board of directors of the district in its discretion. Such an election shall be called upon presentation to the board of directors of a petition requesting the levy of the assessment and specifying the object and purposes for which the proceeds thereof shall be expended. Such petition must be signed by electors entitled to cast a number of votes at district elections equal to at least 15 per cent vote of the number of votes cast at the last district election. (Added by Stats. 1945, Ch. 932.)
  64. 32242.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A board of directors resolution calling an election on a special assessment must state the proposed expenditure amount, the assessment amount needed to raise it (including a 15% delinquency allowance), and the assessment rate.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. ) ## 32242. The resolution of the board of directors calling an election to decide whether a special assessment shall be levied, in addition to all other matters required by this division for a resolution calling an election, shall state the amount of the proposed expenditure for which assessment is to be levied, the amount of the assessment which will be levied to raise such amount for expenditure, allowing for a delinquency of 15 per cent, and the rate of the assessment necessary to raise such amount. (Added by Stats. 1945, Ch. 932.)
  65. 32243.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    If two-thirds of votes at the election support a special assessment, the board of directors must levy it like a regular assessment.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 3. Assessments [32200 - 32243] ( Chapter 3 added by Stats. 1945, Ch. 932. ) ## ARTICLE 3. Special Assessments [32240 - 32243] ( Article 3 added by Stats. 1945, Ch. 932. ) ## 32243. If two-thirds of the votes cast at the election are in favor of the special assessment, the board of directors shall cause the assessment to be levied in like manner as a regular assessment to pay the regular annual expenses of the district. Such special assessment shall be in addition to the limitation prescribed in Section 32203. (Added by Stats. 1945, Ch. 932.)
  66. 32300.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may issue bonds for certain work or for its share of a coinsurance plan if the directors think a special assessment is inadvisable and the costs are more than can reasonably be covered by the regular annual assessment.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32300. Bonds may be issued by a district for the purpose of acquiring, maintaining, constructing, or altering work, or for the purpose of funding the district’s portion of the funding of a coinsurance plan between a hospital and the member of its attending medical staff, when, in either case, in the opinion of the directors, a special assessment would be inadvisable, and the expenses of such operations will be in excess of an amount which can reasonably be raised by the regular annual assessment for the running expenses of the district. (Amended by Stats. 1976, Ch. 1465.)
  67. 32300.1.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    When setting the amount of bonds, the legislative body may include certain project-related costs and fees.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32300.1. In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project. (b) All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of such bonds, and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. (Amended by Stats. 1970, Ch. 623.)
  68. 32300.2.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district may issue bonds to refund some or all of its outstanding bonds or other debt.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32300.2. Bonds may be issued by a district for the purpose of refunding any or all of the outstanding bonds or other indebtedness of the district. (Added by Stats. 1959, Ch. 910.)
  69. 32301.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A district bond election must be held to authorize bond issuance. The district’s board may call the election on its own, and must call it if presented with a qualifying petition.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32301. An election shall be held to authorize the issuance of any bonds of a district. The board of directors of a district may call such election at its discretion, and it shall call such election upon presentation to it of a petition requesting the issuance of bonds, specifying the purpose to which the proceeds are to be applied, and signed by electors of the district entitled to cast votes equal in number to at least 15 per cent of the total number of votes of all the electors of the district. (Added by Stats. 1945, Ch. 932.)
  70. 32302.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must include the bond issue amount, interest rate, and maximum maturity date in the bond-election resolution, and must issue the bonds if two-thirds of votes favor the bonds.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32302. The resolution of the board of directors calling a bond election, in addition to all of the matters required by this division for a resolution calling an election, shall state the amount of the proposed bond issue, the rate of interest thereon, and the maximum date of maturity of bonds. If two-thirds of the votes cast at the bond election are in favor of the issuance of the bonds, the board of directors shall cause bonds to be issued. (Added by Stats. 1945, Ch. 932.)
  71. 32303.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must set the bond terms by resolution, including form, maturity, denominations, issuance dates, maturing numbers, and payment places; the principal must not be payable more than 30 years after issuance.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32303. The board of directors by resolution entered on its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto, shall fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than 30 years after their date of issuance, the denomination or denominations of the bonds, the date or dates of issuance of such bonds, the number or numbers of the bonds maturing at each date of maturity and the place or places of payment of such bonds. Said bonds may be payable at the office of the district or at the office of the county treasurer of the organizing county, or at any place or places designated therein at holder’s option. (Amended by Stats. 1959, Ch. 910.)
  72. 32304.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The first bonds in each issue must mature within 5 years of issuance, and the last bonds in each issue must mature within 30 years of issuance.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32304. Bonds first to mature in each issue shall mature not later than five years from the date of issuance thereof; and those last to mature of each issue shall mature not later than 30 years from the date of issuance thereof. (Amended by Stats. 1959, Ch. 910.)
  73. 32305.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors sets the interest rate on bonds issued under this chapter, but the rate cannot exceed 8% per year.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32305. The rate of interest to be borne by bonds issued under the authority of this chapter shall be fixed by the board of directors. The rate shall not exceed 8 percent per annum, payable annually or semiannually. (Amended by Stats. 1975, Ch. 130.)
  74. 32306.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may तयprescribe the denomination or denominations of bonds issued under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32306. Bonds issued under the authority of this chapter shall be of such denomination or denominations as the board of directors may prescribe. (Amended by Stats. 1963, Ch. 736.)
  75. 32307.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Bonds issued under this chapter must be signed by the presiding officer and attested by the district board secretary.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32307. All bonds issued pursuant to this chapter shall be signed by the presiding officer and attested by the secretary of the board of directors of the district, and shall be valid as to future sale thereafter, regardless of whether at the time of sale the officer so signing is still the incumbent of such office. (Added by Stats. 1945, Ch. 932.)
  76. 32308.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    A hospital district may not incur bonded debt above 10% of the district’s assessed taxable property value.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32308. No hospital district shall incur a bonded indebtedness exceeding 10 percent of the assessed value of all the taxable property in the district as shown by the last equalized county assessment roll or rolls of the county or counties in which the district lies. Any bonds of local hospital districts which shall be issued under the provisions of this chapter shall be legal investments for all trust funds and for the funds of insurance companies, banks, both commercial and savings, and trust companies, and whenever any moneys or funds may by any law now or hereafter enacted be invested in bonds of cities, cities and counties, counties or school districts within the State of California, such moneys or funds may be invested in said bonds of local hospital districts issued under this chapter, and whenever bonds of cities, cities and counties, counties or school districts within the State may by any law now or hereafter enacted be used as security for the performance of any act or the deposit of any public moneys, said bonds of local hospital districts issued under this chapter and in pursuance of its provisions may be so used. (Repealed and added by Stats. 1947, Ch. 18.)
  77. 32309.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors may sell bonds from time to time in amounts that are necessary and most advantageous to raise money for the purposes for which the bonds were issued.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32309. The board of directors may, from time to time, sell bonds in such quantities as may be necessary and most advantageous to raise money for the purposes for which they were issued. (Amended by Stats. 1947, Ch. 18.)
  78. 32310.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    Bonds must be sold for at least par value, and the district board must first adopt a resolution stating the intended bond amount, bid details, and sale notice terms.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32310. Bonds shall be sold for at least par value. Before making any sales, the board of directors of the district shall, by resolution entered on its minutes, declare its intention to sell a specified amount of bonds, and the day, hour, and place at which bids will be received for such bonds. Notice of the sale shall be given by publication, once, not less than 10 days prior to the date of sale, in a newspaper of general circulation in the district and shall state that sealed proposals for the purchase of bonds will be received at the place designated for the receipt of bids until the day and hour named in the resolution. (Amended by Stats. 1974, Ch. 656.)
  79. 32311.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board of directors must open the proposals at the appointed time and cannot accept a proposal unless it is accompanied by a certified or cashier’s check in the required percentage amount.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32311. At the time appointed, the board of directors shall open the proposals, and may sell the bonds or any portion thereof to the highest responsible bidder or bidders. Any and all bids may be rejected and no proposal shall be accepted unless accompanied by a certified or cashier’s check for such reasonable percentage of the amount of the bid as shall be determined by the board of directors, to apply to the purchase price of the bonds. The amount of such check shall be forfeited if, after the acceptance of the proposal the bidder refuses to accept the bonds and to complete his purchase thereof on conditions stated in his bid. In case no award is made the board of directors thereafter may again advertise the bonds or any part thereof for sale. (Amended by Stats. 1955, Ch. 975.)
  80. 32312.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    County supervisors must levy and collect an annual tax for hospital district bonds, enough to pay interest and build a sinking fund for principal.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32312. The board or boards of supervisors of the county or counties in which the district lies shall, at the time of fixing the general tax levy, sometimes called the annual assessment or regular annual assessment, for such district, and in the manner for such general tax levy provided, levy and collect annually each year until said bonds are paid or until there shall be a sum in the treasury set apart for that purpose sufficient to meet all sums coming due for the principal and interest on such bonds, a tax sufficient to pay the interest on such bonds as the same becomes due and also, to constitute a sinking fund for the payment of the principal thereof at maturity. The sum for the sinking fund shall in any event be sufficient to provide for the payment of the principal of all of the bonds as such bonds become due. Said tax shall be in addition to all other taxes levied for district purposes and shall be placed in the bond interest and sinking fund of the district and, until all of the principal and interest of the bonds of said district is paid, the moneys in said fund shall be used for no other purpose than the payment of said bonds and accruing interest thereon. (Amended by Stats. 1959, Ch. 910.)
  81. 32314.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. )

    Verify source ↗

    The board may allow district bonds to be called and retired before maturity on terms it sets.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 4. Bonds [32300 - 32314] ( Chapter 4 added by Stats. 1945, Ch. 932. ) ## 32314. The board may provide that any bond issued by the district may be subject to call and retirement prior to maturity at such times and prices and upon such other terms as the board may specify. If a bond is subject to call and retirement prior to maturity that fact shall be stated in the bond. (Added by Stats. 1957, Ch. 96.)
  82. 32315.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    A local hospital district may issue revenue bonds under the referenced Government Code chapter, and Article 3 of that chapter does not apply to local hospital districts.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32315. Notwithstanding any other provision of law, a local hospital district may issue revenue bonds pursuant to the provisions of Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code. However, the provisions of Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code shall not be applicable to local hospital districts. (Amended by Stats. 1982, Ch. 1513, Sec. 13.)
  83. 32316.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    The district may issue revenue bonds if its board of directors approves a resolution by a four-fifths vote, and the bonds cannot exceed 50% of the district’s average gross revenues for the previous three years.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32316. By resolution of the board of directors adopted by a vote of four-fifths of the membership of the board, the district may issue bonds of not more than a maximum of 50 percent of the average of the district’s gross revenues for the preceding three years, pursuant to Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code, to provide funds for the acquisition, construction, improvement, financing or refinancing of an enterprise, or the refunding of any bonds, notes, loans, or other indebtedness of the district, including, but not limited to, any or all expenses incidental thereto, or connected therewith, or any combination of two or more of those purposes. (Amended by Stats. 1986, Ch. 1355, Sec. 5.)
  84. 32317.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    A resolution under Section 32316 must state the bond purpose, estimated costs, principal amount, interest rate and payment frequency, and that the bonds are revenue bonds payable only from enterprise revenues and not backed by the district’s taxing power.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32317. The resolution adopted pursuant to Section 32316 shall include all of the following: (a) The purpose for which the bonds are proposed to be issued. (b) The estimated cost of the acquisition, construction, improvement, financing, and refinancing. (c) The principal amount of the bonds. (d) The maximum rate of the interest on the bonds, which shall not exceed 12 percent per year, and the frequency of interest payments. (e) A statement that the bonds are to be revenue bonds, payable exclusively from the revenues of the enterprise, and that the bonds are not to be secured by the taxing power of the district. (Amended by Stats. 1986, Ch. 1355, Sec. 6.)
  85. 32318.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    The resolution must be published once a week for two successive weeks in a newspaper of general circulation in the district, or if none is published there, in the nearest such newspaper. If there is no local newspaper of general circulation, it must also be posted in three public places in the district for two weeks.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32318. The resolution adopted pursuant to Section 32316 shall be published once a week for two successive weeks in a newspaper of general circulation published in the district, or if there is none, in the newspaper of general circulation published nearest to the district. If there is no newspaper of general circulation published in the district, the resolution shall also be posted in three public places in the district for two succeeding weeks. (Amended by Stats. 1986, Ch. 1355, Sec. 7.)
  86. 32319.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    The board of directors may sell the bonds under the resolution, either by sealed-bid sale to the highest responsible bidder or by private sale with a four-fifths board vote.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32319. The board of directors may sell the bonds pursuant to the resolution as follows: (a) By giving notice inviting sealed bids and selling to the highest responsible bidder. (b) By private sale, pursuant to a vote of four-fifths of the entire board. (Added by Stats. 1982, Ch. 1513, Sec. 17.)
  87. 32320.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    A hospital district may not sell revenue bonds until the board of directors approves the sale by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32320. No hospital district shall sell revenue bonds until a formal agreement of the sale has been approved by the board of directors, by ordinance, which shall state that the agreement is subject to referendum as provided by Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 153. Effective January 1, 1995.)
  88. 32321.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    The district’s board of directors may enact an ordinance by majority vote, and district electors have a right to petition for referendum on an ordinance. Ordinances subject to Section 32320 must be published after adoption, and if there is no local newspaper they must also be posted in three public places.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32321. (a) Any ordinance subject to Section 32320 shall be published after adoption once a week for two successive weeks, commencing within 15 days after adoption, in a newspaper of general circulation published in the district, or if there is none, in the newspaper of general circulation published nearest to the district. If there is no newspaper of general circulation published in the district, the ordinance shall also be posted in three public places in the district for two succeeding weeks. (b) The board of directors of the district may introduce and enact an ordinance at any regular or adjourned regular meeting by the approving votes of a majority of all its members. The electors of the district shall have the right to petition for referendum on an ordinance pursuant to Article 2 (commencing with Section 9140) of Chapter 2 of Division 9 of the Elections Code, except that all computations referred to in those sections, and officers of the county mentioned in those sections, shall be construed to refer to comparable computations and officers of the district. For the purpose of the section, the term “electors” means the electors of territory entitled to vote at elections for the members of the board of directors. (Amended by Stats. 1994, Ch. 923, Sec. 154. Effective January 1, 1995.)
  89. 32322.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. )

    Verify source ↗

    If certain prior ordinance actions occur, the district may not adopt another ordinance authorizing revenue-bond sales for one year.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5. Revenue Bonds [32315 - 32322] ( Chapter 5 added by Stats. 1970, Ch. 623. ) ## 32322. If an ordinance enacted pursuant to Section 32320 is subjected to a successful referendum election, or is repealed or rescinded by the board of directors, no ordinance authorizing the district to sell revenue bonds shall be adopted by the district for a period of one year from the date of the referendum repeal or rescission. (Added by Stats. 1982, Ch. 1513, Sec. 20.)
  90. 32350.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    The Legislature states that this article is intended to encourage physicians to practice in rural areas with too few physicians to provide comprehensive medical care.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32350. It is the intent of the Legislature in enacting this article to encourage physicians to practice in rural areas which have insufficient numbers of physicians to provide comprehensive medical care. (Added by Stats. 1976, Ch. 447.)
  91. 32351.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    Some hospital districts with under 100 beds may borrow state funds, for up to five years, to pay medical injury tort judgments or settlements above $300,000, if the stated joint-powers-agreement conditions are met and money has been appropriated.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32351. In the event the Chowchilla Memorial Hospital District enters into a joint powers agreement with a hospital district or hospital districts, whereby an independent governmental agency, as provided in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, is created to investigate, defend, settle and pay, if required, medical injury tort claims against any of the parties to such joint powers agreement in accordance with the authority granted by Sections 990.4 and 990.8 of the Government Code, notwithstanding any provisions of the Insurance Code to the contrary; then, in that event, each hospital district with under 100 beds shall have the right for a period of five years from the effective date of this chapter, but subject to the availability of moneys appropriated therefor, to borrow from the state for the purpose of paying any medical injury tort judgment or settlement which exceeds three hundred thousand dollars ($300,000) to the extent of such excess. However, the total amount of funds loaned by the state to all hospital districts, which have entered into the joint powers agreement pursuant to this chapter, shall not exceed one million dollars ($1,000,000) in the aggregate. (Added by Stats. 1976, Ch. 447.)
  92. 32352.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    State loans must be repaid under an agreed schedule of up to 40 years, with interest capped by the five-year average return on state funds.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32352. Loans made pursuant to this article shall be repaid to the state pursuant to a schedule mutually agreed upon by the state department and the hospital district receiving the loan, not exceeding 40 years, and at an interest rate not to exceed the five-year average of the return on the investment of state funds pursuant to Chapter 3 (commencing with Section 16430) of Part 2 of Division 4 of Title 2 of the Government Code. The state department shall grant all loans which qualify under the requirements of this chapter to the extent that funds are available therefor. No application for a loan shall be denied because previous applications have been made except that the state department may procure insurance to cover the losses, if any, in connection with such loans and the cost of such insurance may be charged to the independent agency. The cost charged to such an independent agency for the insurance shall not exceed 5 percent of the total of loan losses. (Added by Stats. 1976, Ch. 447.)
  93. 32353.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    This section lets the Chowchilla Memorial Hospital District, and certain smaller hospital districts with a joint powers agreement with it, employ local physicians; those physicians are covered by the district for medical injury tort liability when employed as district employees.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32353. The provisions of this section shall apply only to the Chowchilla Memorial Hospital District, and to any other hospital district with a bed capacity of less than 100 beds, which has entered into a joint powers agreement with the Chowchilla Memorial Hospital District. The Chowchilla Memorial Hospital District, or other district specified in this section, shall have the authority to employ physicians in the local community and such physicians, as employees of the district shall be covered for medical injury tort liability by the district. (Added by Stats. 1976, Ch. 447.)
  94. 32355.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    Certain hospital districts must submit specified loan-eligibility materials to the state department within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32355. As a condition of eligibility for loans under this chapter, any hospital district having a licensed bed capacity of less than 100 beds and which participates in a joint powers agreement described in Section 32351 shall submit the following to the state department within 60 days after the effective date of this chapter: (a) A health quality assurance program which assures adequate review of health services rendered; (b) Adequate procedures for providing resources for liability coverage, including provisions for the payment of all medical injury tort claims or portions of claims under three hundred thousand dollars ($300,000), and for investment of funds or resources set aside for liability reserves; and (c) Adequate procedures for obtaining legal services in connection with medical injury tort claims filed against the hospital district. (d) Adequate procedures to repay loans under Government Code and Health and Safety Code sections relating to district hospitals. (Added by Stats. 1976, Ch. 447.)
  95. 32356.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    Rules that apply to payment of tort claims against a hospital district also apply to repayment of any state loan to a hospital district under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32356. Any provisions applicable to the payment of tort claims against a hospital district shall be applicable for the repayment of any loan from the state to a hospital district pursuant to this chapter. (Added by Stats. 1976, Ch. 447.)
  96. 32357.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    The joint powers entity specified in Section 32351, or any party to it, must submit duplicate copies of certain reports to the state department.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32357. Duplicate copies of any reports prepared pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code by the joint powers entity specified in Section 32351 or any party thereto shall be submitted to the state department. (Added by Stats. 1976, Ch. 447.)
  97. 32358.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    The state department must adopt regulations for approving district hospital loan applications, then report its recommendation to the Legislature within 120 days and notify the hospital district of a tentative decision within 90 days.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32358. The state department shall prepare and adopt regulations establishing the specific criteria to be used for the approval of a loan application of a district hospital under this chapter to ensure that the hospital district complies with the intent of the Legislature set forth in Section 32350. Within 120 days after submission of an application by a hospital district for a loan under the provisions of this chapter, the state department shall submit its final recommendation to the Legislature with respect to the approval or disapproval of the loan in order to assist the Legislature in determining whether to appropriate funds for the making of the loan. The state department shall notify the hospital district submitting the application of its tentative decision to recommend approval or disapproval of the loan within 90 days after receiving the application in order to allow the hospital district to present additional data as may be necessary to justify the loan. (Added by Stats. 1976, Ch. 447.)
  98. 32359.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. )

    Verify source ↗

    The Department of General Services must help certain hospital districts get insurance for large medical injury judgments or settlements, and may make the procurement for a district if it asks.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 5.5. State Loans and Insurance Procurement Assistance [32350 - 32359] ( Heading of Chapter 5.5 amended by Stats. 1978, Ch. 470. ) ## 32359. The Department of General Services shall, without cost or obligation to the state, assist the Chowchilla Memorial Hospital District, and any other hospital district with a bed capacity of less than 100 beds which has entered into a joint powers agreement with the Chowchilla Memorial Hospital District, in procuring insurance for the purpose of paying medical injury tort judgments or settlements exceeding one million dollars ($1,000,000) in the aggregate. Any such procurement may, upon request of the hospital district concerned, be made by the Department of General Services on behalf of such hospital district. (Amended by Stats. 1979, Ch. 373.)
  99. 32492.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 7. Claims [32492- 32492.] ( Chapter 7 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code provisions, unless those provisions or other applicable laws or regulations provide otherwise.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 7. Claims [32492- 32492.] ( Chapter 7 added by Stats. 1959, Ch. 1727. ) ## 32492. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  100. 32498.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. )

    Verify source ↗

    This section forms the Pajaro Valley Health Care District in Santa Cruz and Monterey Counties and limits its organization and powers to cases where the county board of supervisors appoints an initial board of directors.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. ) ## 32498.5. (a) A local hospital district designated as the Pajaro Valley Health Care District is hereby formed within the Counties of Santa Cruz and Monterey. The Pajaro Valley Health Care District may be organized, incorporated, and managed as provided in this division, and may exercise the powers granted or necessarily implied by this division, only if the relevant county board of supervisors chooses to appoint an initial board of directors, as described in Section 32100. All other provisions of this division apply to the Pajaro Valley Health Care District, except as provided in this chapter. (b) The territory of the district shall be the following area: Situated in the Counties of Santa Cruz and Monterey, State of California; being all the lands within the boundary of the Pajaro Valley Unified School District, excepting the lands to the north and west of the following described line: beginning at a point on the edge of the Pacific Ocean at the intersection with the projected centerline of Aptos Beach Drive; thence along said projected centerline to the intersection of the centerline of Aptos Beach Drive and the centerline of Rio Del Mar Boulevard; thence along the centerline of Rio Del Mar Boulevard in a northeasterly direction to the intersection of the centerline of Rio Del Mar Boulevard and the centerline of Bonita Drive; thence along the centerline of Bonita Drive in a westerly direction to the intersection of the centerline of Bonita Drive and the centerline of Freedom Boulevard; thence along the centerline of Freedom Boulevard in a northerly and easterly direction to the intersection of the centerline of Freedom Boulevard and the centerline of Hames Road; thence along the centerline of Hames Road in an easterly direction to the end of the centerline of Hames Road and the beginning of the centerline of Browns Valley Road; thence along the centerline of Browns Valley Road in a northerly and easterly direction to the end of the centerline of Browns Valley Road and the beginning of the centerline of Hazel Dell Road; thence along the centerline of Hazel Dell Road in an easterly and southerly direction to the intersection of the centerline of Hazel Dell Road and the centerline of Mount Madonna Road; thence along the centerline of Mount Madonna Road in a southerly direction to the intersection of the centerline of Mount Madonna Road and the centerline of Gaffey Road; thence along the centerline of Gaffey Road 1300 feet, more or less, in an easterly direction to a point on the centerline of Gaffey Road; thence leaving the centerline of Gaffey Road 90 feet, more or less, in a northeasterly direction to a point on the Santa Cruz County line. (c) Following the formation of the district, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) governs any change of organization. (Added by Stats. 2022, Ch. 1, Sec. 2. (SB 418) Effective February 4, 2022.)
  101. 32498.6.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. )

    Verify source ↗

    The district board must create zones by resolution within five years of its first meeting, hold a hearing, and let electors present views. The board must base zoning on demographic and geographic factors, and the zones apply to the next district election when there is time to implement them.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. ) ## 32498.6. (a) Notwithstanding any other law, within five years of the date of the first meeting of the Board of Directors of the Pajaro Valley Health Care District, the board of directors shall adopt a resolution to divide the district into zones and number the zones consecutively. (b) In establishing these zones, the board of directors shall provide for representation in accordance with demographic and geographic factors of the entire area of the district, including population factors. The board of directors shall fix the time and place for a hearing on the proposed establishment of zones. At this hearing, any elector of the district may present their views and plans in relation to the proposed zoning, but the board of directors shall not be bound thereby and their decision, in the resolution adopted, shall be final. (c) The zones shall be effective for the next district election after the resolution of the board of directors for which there is time to implement the zones and elections within the zones. (Added by Stats. 2022, Ch. 1, Sec. 2. (SB 418) Effective February 4, 2022.)
  102. 32498.7.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. )

    Verify source ↗

    The district must tell LAFCO when it acquires Watsonville Community Hospital. If it does not acquire the hospital through the specified bankruptcy proceeding by January 1, 2024, LAFCO must order the district dissolved.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. ) ## 32498.7. (a) The district shall notify the County of Santa Cruz local agency formation commission (LAFCO) of when the district, or any other entity, acquires the Watsonville Community Hospital. (b) If the district does not acquire the Watsonville Community Hospital through the bankruptcy proceeding pursuant to Chapter 11 (commencing with Section 1101) of Title 11 of the United States Code by January 1, 2024, the LAFCO shall order the dissolution of the district. (Added by Stats. 2022, Ch. 1, Sec. 2. (SB 418) Effective February 4, 2022.)
  103. 32498.8.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. )

    Verify source ↗

    The district must notify the Santa Cruz County local agency formation commission if it sells Watsonville Community Hospital or stops providing health care services there; after notice, the commission must order the district dissolved.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. ) ## 32498.8. (a) The district shall notify the Santa Cruz County local agency formation commission if the district sells the Watsonville Community Hospital to another entity or stops providing health care services at the facility. (b) If the commission receives notification subject to subdivision (a), it shall order the dissolution of the district. (c) The dissolution of the district pursuant to this section is not subject to any of the following: (1) Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4 of Division 3 of Title 5 of the Government Code. (2) Determinations pursuant to subdivision (b) of Section 56881 of the Government Code. (3) Requirements for commission-initiated changes of organization described in paragraph (3) of subdivision (a) of Section 56375 of the Government Code. (4) Sections 99 and 99.01 of the Revenue and Taxation Code. (Added by Stats. 2022, Ch. 1, Sec. 2. (SB 418) Effective February 4, 2022.)
  104. 32498.9.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. )

    Verify source ↗

    The commission must set a sphere of influence for the district within one year of formation, and the district must file annual reports for specified dates; the commission must also conduct periodic municipal service reviews.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 9. Pajaro Valley Health Care District [32498.5 - 32498.9] ( Chapter 9 added by Stats. 2022, Ch. 1, Sec. 2. ) ## 32498.9. (a) Within one year of the district’s date of formation, the Santa Cruz County local agency formation commission shall develop and determine a sphere of influence for the district pursuant to Section 56426.5 of the Government Code, unless the district is dissolved before that date. (b) The district shall make annual reports to the commission, by December 31, 2023, and December 31, 2024, regarding health care service provision within the boundaries of the district, using the indices outlined in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 56430 of the Government Code, unless the district is dissolved before the date the report is required. (c) By December 31, 2025, and by December 31 every five years thereafter, the commission shall conduct a municipal service review regarding health care service provision within the boundaries of the district pursuant to Section 56430 of the Government Code, unless the district is dissolved before the date the municipal service review is required. (Added by Stats. 2022, Ch. 90, Sec. 1. (SB 969) Effective January 1, 2023.)
  105. 32499.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. )

    Verify source ↗

    This section lets the Desert Healthcare District expand, but requires it to file a resolution of application by January 5, 2017, pay related fees, and specify funding details. The county commission must process the application, hold a hearing, give notice, complete proceedings within 150 days after receipt, and put the expansion to a voter approval process.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. ) ## 32499. (a) The Desert Healthcare District may be expanded in accordance with this chapter. All other provisions of this division shall apply to the Desert Healthcare District following its reorganization, except as provided in this chapter. (b) (1) On or before January 5, 2017, the Desert Healthcare District shall file a resolution of application with the Riverside County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654 of the Government Code, to initiate proceedings by the Riverside County Local Agency Formation Commission for the purpose of expanding the Desert Healthcare District to include the East Coachella Valley region. The expanded district shall include all communities served by the Desert Healthcare District as of the date of the filing of the resolution of application, and shall also include, but not be limited to, the communities of Indian Wells, La Quinta, Indio, and Coachella, and the unincorporated areas of Bermuda Dunes, Mecca, Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution of application shall comply with Section 56652 of the Government Code and shall specify the source of funding for the expanded district. The Desert Healthcare District shall pay any fees associated with the resolution of application. (2) The Riverside County Local Agency Formation Commission proceeding shall be deemed initiated on the date the resolution of application is accepted for filing. Subsequent to initiation of the proceeding, the commission shall hold a hearing pursuant to Section 56666 of the Government Code. The commission shall comply with the notice requirements of Sections 56660 and 56661 of the Government Code in connection with the hearing. (3) The Riverside County Local Agency Formation Commission shall complete its proceedings and direct the election required by paragraph (2) of subdivision (c) no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Riverside County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. (4) Notwithstanding any other law, the resolution of application filed by the Desert Healthcare District pursuant to this subdivision shall not be subject to any protest proceedings. (c) (1) The Riverside County Local Agency Formation Commission shall order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of proceedings pursuant to subdivision (b). The commission may condition the annexation on the district’s imposition of sufficient revenues to provide services within the territory to be annexed, including, but not limited to, the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. (2) The Riverside County Local Agency Formation Commission shall direct the Board of Supervisors of the County of Riverside to direct county officials to conduct the necessary election for approval of district expansion by placing approval of district expansion, pursuant to subdivision (d) of Section 57118 of the Government Code, and approval of any necessary funding source for the expanded district that requires voter approval on the ballot at the next countywide election. (3) If a majority of the voters within the territory ordered to be annexed vote in favor of the expanded district and if a number of voters required under applicable law to approve any necessary funding source that requires voter approval vote in favor of that funding source, the district shall be expanded in accordance with this chapter. (4) The district shall pay to the county the actual cost of the services rendered in conducting the election. (d) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall not apply to the expansion of the district pursuant to subdivisions (b) and (c), except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the reorganization of the district pursuant to this section. (e) As used in this chapter, “district” means the Desert Healthcare District. (Added by Stats. 2016, Ch. 416, Sec. 1. (AB 2414) Effective January 1, 2017.)
  106. 32499.2.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. )

    Verify source ↗

    After the district expands, the Desert Healthcare District board must adopt a resolution to grow from five to seven members, and appointed members must be registered voters and residents of the annexed territory.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. ) ## 32499.2. (a) Thirty days after the expansion of the district, and notwithstanding Sections 32100.01 and 32100.02, the Board of Directors of the Desert Healthcare District shall adopt a resolution to increase the number of members of its board of directors from five to seven without the necessity of a petition or approval thereof by voters residing within the district. The resolution shall become effective on the date of, and subject to any conditions specified in, the resolution. (b) The additional vacancies created by the expansion shall be filled by appointment by the board of directors. A person appointed to fill a vacancy created by subdivision (a) shall be a registered voter and a resident of the territory annexed by the district pursuant to Section 32499. (c) Upon appointment, the board shall, by lot, designate one member appointed pursuant to subdivision (b) to have an initial term of office from the date of appointment until the date described in Section 10554 of the Elections Code that occurs in 2020 and one member appointed pursuant to subdivision (b) to have an initial term of office from the date of appointment until the date described in Section 10554 of the Elections Code that occurs in 2022. (d) A vacancy in one or both of the board positions created by subdivision (a) after the first appointments to those positions pursuant to subdivision (b) shall be filled by the methods prescribed in Section 1780 of the Government Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3. (e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499. (Amended by Stats. 2019, Ch. 126, Sec. 1. (AB 1095) Effective January 1, 2020. Section conditionally operative by its own provisions.)
  107. 32499.3.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. )

    Verify source ↗

    The board must create seven voting districts for the Desert Healthcare District, adopt a resolution, and move to elections by voting district, subject to the section’s conditions.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. ) ## 32499.3. (a) Following the expansion of the Board of Directors of the Desert Healthcare District, and notwithstanding Section 32100.1, the board of directors shall adopt a resolution to divide the district into seven voting districts, number the voting districts consecutively, and elect members of the board of directors by voting district beginning with the first district election after January 1, 2020. (b) In establishing the voting districts described in subdivision (a), the board of directors shall provide for representation in accordance with demographic, including population, and geographic factors of the entire area of the district. The board of directors shall fix the time and place and give public notice for a hearing on the proposed establishment of the voting districts, at which any elector of the district may present his or her views and plans in relation to the proposed division, but the board of directors shall not be bound thereby and their decision, in the resolution adopted, shall be final. (c) The resolution adopted pursuant to subdivision (a) shall declare the voting districts and describe the boundaries of each voting district. (d) The voting districts described in subdivision (a) and any necessary procedures for implementing the election of the board of directors by voting districts shall be established and implemented on or before January 1, 2020. (e) The voting districts established pursuant to this section shall be effective for the next district election after January 1, 2020. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by voting districts. One member of the board of directors shall be elected by the electors of each of the voting districts. A person shall not be eligible to hold the office of member of the board of directors unless he or she has been a resident of the voting district from which he or she is elected for 30 days next preceding the date of the election. (f) A vacancy upon the board that results in a voting district left unrepresented prior to the expiration of the term of that board position shall be filled by appointment of the remaining members of the board of directors. A member of the board of directors appointed pursuant to this subdivision shall be a resident of the voting district left unrepresented on the board of directors. (g) This section shall become operative only if the Desert Healthcare District is expanded in accordance with Section 32499. (Added by Stats. 2016, Ch. 416, Sec. 1. (AB 2414) Effective January 1, 2017. Section conditionally operative by its own provisions.)
  108. 32499.4.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. )

    Verify source ↗

    The Legislature states that the Desert Healthcare District should maximize use of its assets to provide direct health services within the district.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 10. Desert Healthcare District Reorganization [32499 - 32499.4] ( Chapter 10 added by Stats. 2016, Ch. 416, Sec. 1. ) ## 32499.4. It is the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district through direct operation of or funding provided to organizations that own or operate hospitals, medical clinics, ambulance services, transportation programs for seniors or persons with disabilities, wellness centers, health education services, promotoras, mental health services, veterans’ health services, and other similar services. (Added by Stats. 2016, Ch. 416, Sec. 1. (AB 2414) Effective January 1, 2017.)
  109. 32499.5.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    This section forms the Imperial Valley Healthcare District in Imperial County and says its territory includes all of Imperial County.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.5. (a) A local health care district designated as the Imperial Valley Healthcare District is hereby formed within the County of Imperial. All other provisions of this division shall apply to the Imperial Valley Healthcare District following its formation, except as provided in this chapter. (b) The territory of the district shall include all of the County of Imperial, including those areas under the jurisdiction of the Pioneers Memorial Healthcare District and the Heffernan Memorial Healthcare District. (c) Following the formation of the district, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) governs any change of organization. (d) As used in this chapter, “district” means the Imperial Valley Healthcare District. (Added by Stats. 2023, Ch. 549, Sec. 2. (AB 918) Effective October 8, 2023.)
  110. 32499.6.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    This section sets up the initial board for the Imperial Valley Healthcare District, requires appointments and public meetings on set timelines, and assigns temporary clerical support from Heffernan Memorial Healthcare District until dissolution.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.6. (a) (1) The initial board of directors of the district shall be composed of the following members: (A) One member from and appointed by the Pioneers Memorial Healthcare District Board of Directors. (B) One member from and appointed by the Heffernan Memorial Healthcare District Board of Directors. (C) One member from the City of El Centro and appointed by the public health director for the County of Imperial. This member shall be a resident of the City of El Centro, but not a City of El Centro employee, an elected official of the City of El Centro, or an employee or board member or former board member of the El Centro Regional Medical Center. (D) One member of the public appointed by the Imperial County Board of Supervisors. This member shall be a resident of the unincorporated areas in the areas of Seely or Ocotillo, or a county board supervisor that represents that area. (E) One tribal member from and appointed by the Quechan tribe. If a member is not appointed by the tribe within the 60-day timeframe, then the county board of supervisors may appoint a member of the public from the Winterhaven area. (F) One member from the City of Imperial and appointed by the City of Imperial. (G) One member from the City of Holtville and appointed by the City of Holtville. (2) With the exception of the Pioneers Memorial Healthcare District and Heffernan Memorial Healthcare District appointments, any member appointed to the initial Imperial Valley Healthcare District Board of Directors cannot be a current or former employee of the El Centro Regional Medical Center, the Pioneers Memorial Hospital, or Pioneers Memorial Healthcare District. (b) The appointing bodies shall have 60 days from the effective date of this chapter to appoint members of the initial board of directors. If a board position is not filled within this timeframe, the Imperial County Board of Supervisors shall appoint the remaining members of the initial board of directors. (c) (1) The initial board of directors, appointed pursuant to this section, shall create a staggered board of directors by choosing a number of board members to remain on the board following the first district election occurring pursuant to subdivision (a) of Section 32499.7. (2) The initial board of directors, in collaboration with the Imperial County Local Agency Formation Commission (LAFCO), shall determine the years that the voting districts and associated board positions will be up for election by July 1, 2024. (3) The initial board of directors, elected board of directors, or a combination of the initial and elected board of directors shall recommend a permanent funding source mechanism to be presented to voters via ballot measure. The funding source mechanism shall be placed on the ballot on or before the November 2026 election. The initial board of directors, elected board of directors, or a combination of the initial and elected board of directors, in collaboration with the Imperial County LAFCO, shall use the financial feasibility studies conducted by the Imperial County LAFCO and Kaufman Hall to determine the funding source mechanism. (4) (A) The initial board of directors shall enter negotiations with the El Centro Regional Medical Center to decide the terms of the acquisition of the hospital. Upon reviewing the financial feasibility studies conducted by the Imperial County LAFCO and Kaufman Hall and confirming the financial viability of integrating the El Centro Regional Medical Center into the district, the initial board of directors shall determine the terms of the acquisition of the hospital. If the initial board of directors chooses to acquire the El Centro Regional Medical Center, the hospital shall be acquired with all of its assets and liabilities. All existing hospital licenses and certifications of the Pioneers Memorial Hospital and Healthcare District shall be transferred to the Imperial Valley Healthcare District when applicable in order to avoid a disruption in providing health care services. The initial board of directors shall initiate the process of applying for any licenses and certifications that cannot be transferred to the Imperial Valley Healthcare District within a year of formation. The initial board of directors shall finalize the terms of acquiring the hospital by November 5, 2024. The City of El Centro shall negotiate in good faith with the district, but is not required to sell the hospital to the district or agree to the terms that the initial board of directors finalizes. (B) The terms of the acquisition shall include the district or any successor entity assuming the duties and obligations of El Centro Regional Medical Center’s collective bargaining agreements and retirement plans, at the El Regional Medical Center. This paragraph does not require any successor entity to adopt the collective bargaining agreement and retirement plan across to other facilities owned by the same operator. (5) (A) The initial board of directors shall recommend to the Imperial County LAFCO a date for the dissolution of the Pioneers Memorial Healthcare District. The dissolution date shall be between July 1, 2024, and January 1, 2025. The initial board of directors may recommend a date that differs from the dissolution date of the Heffernan Memorial Healthcare District. (B) The initial board of directors shall recommend to the Imperial County LAFCO a date for the dissolution of the Heffernan Memorial Healthcare District. The dissolution date shall be between July 1, 2024, and January 1, 2025. The initial board of directors may recommend a date that differs from the dissolution date of the Pioneers Memorial Healthcare District. (6) The board of directors shall hold a minimum of three public meetings between the effective date of this chapter and January 1, 2025, as follows: (A) During the first public meeting, the board of directors shall inform the public of the establishment of the Imperial Valley Healthcare District, the cost savings of having one countywide health care district, and the findings of the financial feasibility studies conducted by the Imperial County LAFCO and Kaufman Hall. The first public meeting shall be held by March 1, 2024. (B) During the second public meeting, the board of directors shall inform the public of the recommended permanent funding source mechanism for the Imperial Valley Healthcare District. (C) During the third public meeting, the board of directors shall inform the public about the acquisition of the El Centro Regional Medical Center. (D) If the board of directors votes to acquire the El Centro Regional Medical Center, the board of directors shall hold a fourth meeting. During this meeting, the board of directors shall disclose the terms of the acquisition to the public and present a financial plan to finance the acquisition and ongoing operations of hospitals in the district. (E) At each public meeting held pursuant to this paragraph, the board of directors shall allow time for public comment. (d) (1) Until both the Heffernan Memorial Healthcare District and Pioneers Memorial Healthcare District are dissolved, the Heffernan Memorial Healthcare District shall hold a temporary clerical role to the Board of Directors of the Imperial Valley Healthcare District. (2) For purposes of this subdivision, Heffernan Memorial Healthcare District’s clerical responsibilities shall be limited to: (A) Providing administrative employees or the financial means to hire administrative employees. (B) Providing financial resources to complete clerical tasks for board meetings and public meetings. These tasks include: (i) Creating agendas for public meetings and board meetings. (ii) Setting meeting locations, dates, and times. (iii) Upon direction of the Board of Directors of the Imperial Valley Healthcare District and the Imperial County LAFCO, ensuring the transfer of the existing health care districts into the Imperial Valley Healthcare District with minimal interruptions to ongoing health care services. (C) Providing a venue for the board meetings and public meetings to take place or providing the financial means for a venue. (D) Providing the financial means to hire legal counsel. (3) It is the intent of the Legislature that Heffernan Memorial Healthcare District will hold a purely clerical role to the Board of Directors of the Imperial Valley Healthcare District. It is further the intent of the Legislature that Heffernan Memorial Healthcare District will not hold a CEO or CFO role. (e) The board of directors shall consist of all elected members by the conclusion of the 2028 general election. (f) A vacancy in a board position shall be filled by the methods prescribed in Section 1780 of the Government Code, and, after the board of directors consists of all elected members, shall be filled by the methods prescribed in Section 32499.7. (g) (1) The board of directors may establish a nonvoting community advisory committee consisting of at least seven community members of the County of Imperial in the health care industry, including: (A) A member with an active medical license who is employed by a hospital or clinic in the County of Imperial. (B) A promotor or promotora. (C) A health care worker from a federally qualified health center in the County of Imperial. (D) A member from a health related or environmental justice nonprofit group in the County of Imperial. (2) The nonvoting advisory board may be dissolved at the discretion of the board of directors. (Amended by Stats. 2024, Ch. 1013, Sec. 1. (SB 1070) Effective January 1, 2025.)
  111. 32499.7.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    The district board must create seven voting districts, work with the county formation commission, hold a public hearing, and establish the voting-district system by July 1, 2024.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.7. (a) (1) Following appointment, the Board of Directors of the Imperial Valley Healthcare District, notwithstanding Section 32100.1, shall adopt a resolution to divide the district into seven voting districts, number the voting districts consecutively, and elect members of the board of directors by voting district beginning with the next district election occurring after January 1, 2024. (2) The board of directors shall collaborate with the Imperial County Local Agency Formation Commission to establish the voting districts. (b) In establishing the voting districts described in subdivision (a), the board of directors shall provide for representation in accordance with demographic, including population, and geographic factors of the entire area of the district. The board of directors shall fix the time and place and give public notice for a hearing on the proposed establishment of the voting districts, at which any elector of the district may present their views and plans in relation to the proposed division, but the board of directors shall not be bound thereby and their decision, in the resolution adopted, shall be final. (c) The resolution adopted pursuant to subdivision (a) shall declare the voting districts and describe the boundaries of each voting district. (d) The voting districts described in subdivision (a) and any necessary procedures for implementing the election of the board of directors by voting districts shall be established and implemented on or before July 1, 2024. (e) The voting districts established pursuant to this section shall be effective for subsequent district elections, commencing with the next district election occurring after January 1, 2024. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by voting districts. One member of the board of directors shall be elected by the electors of each of the voting districts. A person shall not be eligible to hold the office of member of the board of directors unless they have been a resident of the voting district from which they are elected for 30 days preceding the date of the election. A member of the initial board of directors, appointed pursuant to Section 32499.6, may become the first elected member for a voting district if the member is otherwise eligible for the position and is elected by the electors of that voting district. (f) A vacancy upon the board that results in a voting district left unrepresented prior to the expiration of the term of that board position shall be filled by appointment of the remaining members of the board of directors. A member of the board of directors appointed pursuant to this subdivision shall be a resident of the voting district left unrepresented on the board of directors. (Amended by Stats. 2025, Ch. 53, Sec. 1. (SB 558) Effective January 1, 2026.)
  112. 32499.8.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    The district must file annual reports with Imperial County LAFCO by December 31, 2024 and December 31, 2025, and LAFCO must conduct a municipal service review by December 31, 2026 and every five years after that.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.8. (a) The district shall make annual reports to the Imperial County Local Agency Formation Commission (LAFCO), by December 31, 2024, and December 31, 2025, regarding health care service provision within the boundaries of the district, using the indices outlined in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 56430 of the Government Code. (b) By December 31, 2026, and by December 31 every five years thereafter, the Imperial County LAFCO shall conduct a municipal service review regarding health care service provision within the boundaries of the district pursuant to Section 56430 of the Government Code. (Added by Stats. 2023, Ch. 549, Sec. 2. (AB 918) Effective October 8, 2023.)
  113. 32499.9.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    The Legislature states that the Imperial Valley Healthcare District should maximize use of its assets to provide direct health care services to people within the district.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.9. It is the intent of the Legislature that the Imperial Valley Healthcare District maximize the use of its assets to provide direct health care services to individuals within the district through direct operation of or funding provided to organizations that own or operate hospitals, medical clinics, ambulance services, transportation programs for seniors or persons with disabilities, wellness centers, health education services, promotoras, mental health services, veterans’ health services, and other similar services. (Added by Stats. 2023, Ch. 549, Sec. 2. (AB 918) Effective October 8, 2023.)
  114. 32499.95.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. )

    Verify source ↗

    LAFCO must set and carry out the dissolution dates for the two healthcare districts, and it must dissolve both by January 1, 2025.

    ## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 11. Imperial Valley Healthcare District [32499.5 - 32499.95] ( Chapter 11 added by Stats. 2023, Ch. 549, Sec. 2. ) ## 32499.95. (a) Upon receipt of the recommendation from the Board of Directors of the Imperial Valley Healthcare District pursuant to paragraph (5) of subdivision (c) of Section 32499.6, the Imperial County Local Agency Formation Commission (LAFCO) shall determine the appropriate dates to dissolve the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District. The Imperial County LAFCO may decide on different dissolution dates for the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District. The Imperial County LAFCO shall dissolve the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District by January 1, 2025. (b) The Imperial Valley Healthcare District shall be the successor to the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District. Effective on the respective date of their dissolution, all assets, rights, and responsibilities of the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District are transferred to the Imperial Valley Healthcare District. As of the effective date of the dissolution, the Imperial Valley Healthcare District shall have ownership, possession, and control of all books, records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, entitlements, agreements, contracts, claims, judgments, land, and other assets and property, real or personal, owned or leased by, connected with the administration of, or held for the benefit or use of the Heffernan Memorial Healthcare District or Pioneers Memorial Healthcare District. Accounts payable and all other contract obligations shall be transferred to the Imperial Valley Healthcare District. (c) The terms of the board members of the Pioneers Memorial Healthcare District and the Heffernan Memorial Healthcare District serving as of the effective date of this chapter are extended until January 1, 2025, or until each respective district is dissolved, whichever occurs first. (Added by Stats. 2023, Ch. 549, Sec. 2. (AB 918) Effective October 8, 2023.)
  115. 32500.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    This division must be interpreted broadly to carry out its purposes and objectives.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32500. The provisions of this division shall be liberally construed to effect its objects and promote its purposes. (Added by Stats. 1953, Ch. 82.)
  116. 32501.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    A person may transfer property by written grant to a named trustee for an endowment hospital purpose, and if the property is community property, both spouses must join the grant.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32501. Any person desiring in his or her lifetime to promote the public welfare by founding, endowing, and having maintained within this state a hospital for the relief of the sick, and for use as a training school for nurses may, by grant in writing, convey to a trustee named in the grant and to the successor of such trustee, any of his or her property situated within this state. If he or she is married or in a registered domestic partnership and the property is community, both spouses shall join in the grant. (Amended by Stats. 2016, Ch. 50, Sec. 55. (SB 1005) Effective January 1, 2017.)
  117. 32502.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    A grant may be executed, acknowledged, and recorded using the same method the law allows for a grant of real property.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32502. The grant may be executed, acknowledged, and recorded in the manner provided by law for the execution, acknowledgment, and recording of a grant of real property. (Added by Stats. 1953, Ch. 82.)
  118. 32503.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    The grantor may set terms in the grant for the hospital, trustee powers and duties, successor appointment, and property-management rules.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32503. The grantor may designate in the grant: (a) The nature, object, and purpose of the hospital. (b) The name by which it shall be known. (c) The powers and duties of the trustee, including the manner in which he shall account, and to whom. Such powers and duties shall not be held to be exclusive of any others necessary to enable the trustee fully to carry out the object of the grant. (d) The mode and manner by which, and the person by whom any successor of the named trustee shall be appointed. (e) Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe. Unless the grantor otherwise prescribes, such rules shall be advisory only, and shall not preclude the trustee from making such changes as new conditions may from time to time require. (Added by Stats. 1953, Ch. 82.)
  119. 32504.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    The trustee may, in the hospital’s name, accept, hold, and give property gifts, and sue or defend matters involving the trust property or the hospital.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32504. The trustee may in the name of the hospital grant, receive, and hold gifts of property, and sue and defend in relation to the trust property and all matters affecting the hospital. (Added by Stats. 1953, Ch. 82.)
  120. 32505.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    The trustee may use corporate powers and privileges, including organizing and acting as a board of trustees, choosing officers, adopting bylaws, and carrying out business and acts through the board or its officers as allowed in writing.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32505. The trustee may exercise corporate powers and privileges, and to that end may organize and act as a board of trustees, elect such officers of the board as he may deem necessary, adopt by-laws, and as such board or through such officers transact such business, perform such acts, and exercise such powers as he in writing may provide may be transacted, performed, and exercised by such board. (Added by Stats. 1953, Ch. 82.)
  121. 32506.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    The board may adopt and use a seal.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32506. The board may adopt and use a seal. When attached to any document or writing the seal shall be prima facie evidence that the document or writing was made by and under due authority from the board and the trustee. (Added by Stats. 1953, Ch. 82.)
  122. 32507.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    The grantor may choose, while alive and if the grant says so, to carry out the trustee’s powers and duties for the hospital property; after the grantor dies, those powers and duties pass to the trustee or successor.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32507. The grantor, by a provision in the grant, may during his lifetime elect, in relation to the property conveyed and to the erection, maintenance, and management of the hospital, to perform all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee. In such case the powers and duties conferred and imposed by the grant upon the trustee shall be exercised and performed by the grantor during his lifetime. Upon the death of the grantor the powers and duties shall devolve upon and be exercised by the trustee or his successor. (Added by Stats. 1953, Ch. 82.)
  123. 32508.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. )

    Verify source ↗

    A person may not start or continue certain lawsuits or defenses about the conveyed property unless the action was filed within two years after the grant was filed for record; after filing, the property is exempt from execution and forced sale.

    ## Health and Safety Code - HSC ## DIVISION 23.5. ENDOWMENT HOSPITALS [32500 - 32508] ( Division 23.5 added by Stats. 1953, Ch. 82. ) ## 32508. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect the conveyance or the title to the property conveyed, or the right to the possession, rents, issues, and profits thereof, unless it is commenced within two years after the date of filing the grant for record. Nor in any suit, action, or proceeding commenced by the trustee named in the grant, his successor, privy, or any person holding under him shall any defense be made involving the legality of the grant, or affecting the title to the property thereby conveyed, the right to its possession, or the rents, issues, and profits thereof, unless the suit, action, or proceeding is commenced within two years after the grant is filed for record. After such filing the property shall be exempt from execution and forced sale. (Added by Stats. 1953, Ch. 82.)
  124. 33000.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This part may be cited as the Community Redevelopment Law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33000. This part may be cited as the Community Redevelopment Law. (Repealed and added by Stats. 1963, Ch. 1812.)
  125. 33001.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The article’s definitions and general provisions control how this part is interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33001. The definitions and general provisions contained in this article govern the construction of this part, unless the context otherwise requires. (Repealed and added by Stats. 1963, Ch. 1812.)
  126. 33002.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “Community.”

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33002. “Community” means a city, county, city and county, or Indian tribe, band, or group which is incorporated or which otherwise exercises some local governmental powers. (Amended by Stats. 1971, Ch. 1757.)
  127. 33003.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “Agency” as a redevelopment agency created under this part or its predecessor, or a legislative body that has chosen to exercise an agency’s powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33003. “Agency” means a redevelopment agency created by this part or its predecessor, or a legislative body which has elected to exercise the powers granted to an agency by this part. (Repealed and added by Stats. 1963, Ch. 1812.)
  128. 33004.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “public body” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33004. “Public body” means the State, or any city, county, district, authority, or any other subdivision or public body of the State. (Repealed and added by Stats. 1963, Ch. 1812.)
  129. 33005.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “State” includes any state agency or instrumentality.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33005. “State” includes any state agency or instrumentality. (Repealed and added by Stats. 1963, Ch. 1812.)
  130. 33006.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “Federal government” as the United States or its agencies or instrumentalities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33006. “Federal government” means the United States or any of its agencies or instrumentalities. (Repealed and added by Stats. 1963, Ch. 1812.)
  131. 33007.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Legislative body” means the city council, board of supervisors, or another legislative body of the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33007. “Legislative body” means the city council, board of supervisors, or other legislative body of the community. (Repealed and added by Stats. 1963, Ch. 1812.)
  132. 33008.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Planning commission” means a planning agency established under law or charter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33008. “Planning commission” means a planning agency established pursuant to law or charter. (Amended by Stats. 1983, Ch. 602, Sec. 1. Effective August 31, 1983.)
  133. 33009.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Obligee” includes specified bond-related parties, certain lessors and assignees, and the federal government when it is party to a contract with the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33009. “Obligee” includes any bondholder, his trustee, any lessor demising to the agency property used in connection with a project area or any assignee of all or part of his interest, and the federal government when it is a party to any contract with the agency. (Repealed and added by Stats. 1963, Ch. 1812.)
  134. 33010.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Redevelopment project” means any undertaking of an agency under this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33010. “Redevelopment project” means any undertaking of an agency pursuant to this part. (Repealed and added by Stats. 1963, Ch. 1812.)
  135. 33011.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “Department” as the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33011. “Department” means the Department of Housing and Community Development. (Added by Stats. 1975, Ch. 1137.)
  136. 33011.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Director” means the Director of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33011.2. “Director” means the Director of Housing and Community Development. (Added by Stats. 1987, Ch. 1111, Sec. 2.)
  137. 33013.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “small housing project.”

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General Definitions [33000 - 33013] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33013. “Small housing project” means real property containing or proposed to contain a separate residential structure having not more than four dwelling units and which is owned by an agency and proposed to be conveyed to persons and families of low or moderate income or to private parties pursuant to an agreement with an agency to develop or maintain the residential structure which is proposed to be restricted by a recorded instrument for the use and occupancy of persons and families of low or moderate income for a period of not less than 30 years, or to the term otherwise provided by law, and which meets either of the following criteria: (a) The real property is owned by an agency and one or more of the dwelling units therein are proposed to be restricted for the use and occupancy of persons or families to whom the agency is obligated to provide relocation assistance under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code or for persons and families of low or moderate income. (b) The real property is owned by the agency and is proposed to be conveyed to persons and families of low or moderate income or developed for rental by private parties (nonprofit or otherwise) pursuant to an agreement with the redevelopment agency. (Added by Stats. 1987, Ch. 935, Sec. 1.)
  138. 33020.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    “Redevelopment” is defined as planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation of all or part of a survey area, plus related structures, spaces, facilities, and certain payments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33020. “Redevelopment” means the planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, of all or part of a survey area, and the provision of those residential, commercial, industrial, public, or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including recreational and other facilities incidental or appurtenant to them and payments to school and community college districts in the fiscal years specified in Sections 33681, 33681.5, 33681.7, 33681.9, and 33681.12. (Amended by Stats. 2004, Ch. 211, Sec. 11. Effective August 5, 2004.)
  139. 33020.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section expands the meaning of “redevelopment” to also include certain payments to school districts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33020.5. In addition to Section 33020, “redevelopment” also means payments to school districts in the fiscal years specified in Sections 33690 and 33690.5. (Added by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 2. (AB 26 4x) Effective October 23, 2009.)
  140. 33021.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines what counts as redevelopment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33021. Redevelopment includes: (a) The alteration, improvement, modernization, reconstruction, or rehabilitation, or any combination of these, of existing structures in a project area. (b) Provision for open-space types of use, such as streets and other public grounds and space around buildings, and public or private buildings, structures and improvements, and improvements of public or private recreation areas and other public grounds. (c) The replanning or redesign or original development of undeveloped areas as to which either of the following conditions exist. (1) The areas are stagnant or improperly utilized because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, or for other causes. (2) The areas require replanning and land assembly for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency, or other reasons. (Amended by Stats. 1996, Ch. 799, Sec. 13. Effective January 1, 1997.)
  141. 33021.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    In a city and county, redevelopment includes improving, increasing, or preserving emergency shelters for homeless persons or households.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33021.1. In a city and county, redevelopment includes improving, increasing, or preserving emergency shelters for homeless persons or households. These shelters may be located within or outside of established redevelopment project areas. Notwithstanding any other provision of law, only redevelopment funds other than those available pursuant to Section 33334.3 may be used to finance these activities. (Added by Stats. 1991, Ch. 1192, Sec. 1. Effective October 14, 1991.)
  142. 33022.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment does not automatically require existing buildings or uses to be demolished, rebuilt, or changed if that is not deemed essential to the area’s redevelopment and rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Redevelopment [33020 - 33022] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33022. Redevelopment does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the redevelopment and rehabilitation of the area. (Added by Stats. 1963, Ch. 1812.)
  143. 33030.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section declares that blighted areas exist in many communities and defines when an area counts as a blighted area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33030. (a) It is found and declared that there exist in many communities blighted areas that constitute physical and economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of these communities and of the state. (b) A blighted area is one that contains both of the following: (1) An area that is predominantly urbanized, as that term is defined in Section 33320.1, and is an area in which the combination of conditions set forth in Section 33031 is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (2) An area that is characterized by one or more conditions set forth in any paragraph of subdivision (a) of Section 33031 and one or more conditions set forth in any paragraph of subdivision (b) of Section 33031. (c) A blighted area that contains the conditions described in subdivision (b) may also be characterized by the existence of any of the following: (1) Inadequate public improvements. (2) Inadequate water or sewer utilities. (3) Housing constructed as a government-owned project that was constructed before January 1, 1960. (Amended by Stats. 2010, Ch. 665, Sec. 1. (AB 1641) Effective January 1, 2011.)
  144. 33031.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section lists physical and economic conditions that may constitute blight.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33031. (a) This subdivision describes physical conditions that cause blight: (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities. (2) Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by buildings of substandard, defective, or obsolete design or construction given the present general plan, zoning, or other development standards. (3) Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of the project area. (4) The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market conditions. (b) This subdivision describes economic conditions that cause blight: (1) Depreciated or stagnant property values. (2) Impaired property values, due in significant part, to hazardous wastes on property where the agency may be eligible to use its authority as specified in Article 12.5 (commencing with Section 33459). (3) Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. (4) A serious lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. (5) Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, “overcrowding” means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of Title 25 of the California Code of Regulations. (6) An excess of bars, liquor stores, or adult-oriented businesses that has resulted in significant public health, safety, or welfare problems. (7) A high crime rate that constitutes a serious threat to the public safety and welfare. (Amended by Stats. 2007, Ch. 343, Sec. 16. Effective January 1, 2008.)
  145. 33035.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The section declares that blighted areas are a serious public problem and that redeveloping them benefits the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33035. It is further found and declared that: (a) The existence of blighted areas characterized by any or all of such conditions constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety, and welfare of the people of the communities in which they exist and of the people of the State. (b) Such blighted areas present difficulties and handicaps which are beyond remedy and control solely by regulatory processes in the exercise of police power. (c) They contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention, correction, prosecution, and punishment, the treatment of juvenile delinquency, the preservation of the public health and safety, and the maintaining of adequate police, fire, and accident protection and other public services and facilities. (d) This menace is becoming increasingly direct and substantial in its significance and effect. (e) The benefits which will result from the remedying of such conditions and the redevelopment of blighted areas will accrue to all the inhabitants and property owners of the communities in which they exist. (Added by Stats. 1963, Ch. 1812.)
  146. 33036.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The provision states that blighted conditions cause further deterioration and may require redevelopment of the whole area or large portions of it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33036. It is further found and declared that: (a) Such conditions of blight tend to further obsolescence, deterioration, and disuse because of the lack of incentive to the individual landowner and his inability to improve, modernize, or rehabilitate his property while the condition of the neighboring properties remains unchanged. (b) As a consequence the process of deterioration of a blighted area frequently cannot be halted or corrected except by redeveloping the entire area, or substantial portions of it. (c) Such conditions of blight are chiefly found in areas subdivided into small parcels, held in divided and widely scattered ownerships, frequently under defective titles, and in many such instances the private assembly of the land in blighted areas for redevelopment is so difficult and costly that it is uneconomic and as a practical matter impossible for owners to undertake because of lack of the legal power and excessive costs. (d) The remedying of such conditions may require the public acquisition at fair prices of adequate areas, the clearance of the areas through demolition of existing obsolete, inadequate, unsafe, and insanitary buildings, and the redevelopment of the areas suffering from such conditions under proper supervision, with appropriate planning, and continuing land use and construction policies. (Added by Stats. 1963, Ch. 1812.)
  147. 33037.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The section states California’s policy on redeveloping blighted areas and authorizes public involvement, including eminent domain and public funding, when private enterprise alone is not enough.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33037. For these reasons it is declared to be the policy of the State: (a) To protect and promote the sound development and redevelopment of blighted areas and the general welfare of the inhabitants of the communities in which they exist by remedying such injurious conditions through the employment of all appropriate means. (b) That whenever the redevelopment of blighted areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to employ the power of eminent domain, to advance or expend public funds for these purposes, and to provide a means by which blighted areas may be redeveloped or rehabilitated. (c) That the redevelopment of blighted areas and the provisions for appropriate continuing land use and construction policies in them constitute public uses and purposes for which public money may be advanced or expended and private property acquired, and are governmental functions of state concern in the interest of health, safety, and welfare of the people of the State and of the communities in which the areas exist. (d) That the necessity in the public interest for the provisions of this part is declared to be a matter of legislative determination. (Added by Stats. 1963, Ch. 1812.)
  148. 33039.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Rehabilitation or redevelopment programs must consider listed blight-related factors and must not be run in a way that replaces one slum with another or shifts people from one slum to another.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Declaration of State Policy—Blighted Areas [33030 - 33039] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33039. The Legislature of the State of California recognizes that among the principal causes of slum and blighted residential areas are the following factors: (a) Inadequate enforcement of health, building, and safety laws. (b) The fact that the limited financial resources of many human beings who inhabit them make only this type of housing available to such persons. (c) Racial discrimination against persons of certain groups in seeking housing. (d) The neglect of absentee landlords. It is, therefore, declared to be the public policy of this State that, in order to cope with the problems of the rehabilitation of slum or blighted areas, these factors shall be taken into consideration in any rehabilitation or redevelopment program. It is further declared to be the public policy of this State that such rehabilitation or redevelopment programs shall not be undertaken and operated in such a manner as to exchange new slums for old slums or as to congest individuals from one slum to another slum. (Added by Stats. 1963, Ch. 1812.)
  149. 33050.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Declaration of State Policy—Antidiscrimination [33050 - 33051] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    State policy forbids discrimination in community redevelopment projects, subject to stated familial-status exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Declaration of State Policy—Antidiscrimination [33050 - 33051] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33050. (a) It is hereby declared to be the policy of the state that in undertaking community redevelopment projects under this part there shall be no discrimination because of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 68) by Stats. 2013, Ch. 605, Sec. 39. (SB 752) Effective January 1, 2014.)
  150. 33051.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Declaration of State Policy—Antidiscrimination [33050 - 33051] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If San Francisco has an ordinance banning sexual-orientation discrimination, its legislative body may require the agency to ban that discrimination too, and the agency must apply specified sections as if Section 33050 also covered it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Declaration of State Policy—Antidiscrimination [33050 - 33051] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33051. If the legislative body of the City and County of San Francisco adopts, or has adopted, an ordinance which prohibits discrimination on the basis of sexual orientation, it may require the agency to prohibit discrimination on that basis. In this case, the agency shall implement Sections 33435, 33436, and 33724 as if the discrimination prohibited by the legislative body were also prohibited by Section 33050. (Added by Stats. 1983, Ch. 930, Sec. 1.)
  151. 33070.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Further Declaration of State Policy [33070 - 33071] ( Article 5 added by Stats. 1971, Ch. 1757. )

    Verify source ↗

    The Legislature declares that decent housing and genuine employment opportunities are vital to the state’s future peace and prosperity.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Further Declaration of State Policy [33070 - 33071] ( Article 5 added by Stats. 1971, Ch. 1757. ) ## 33070. The Legislature finds and declares that decent housing and genuine employment opportunities for all the people of this state are vital to the state’s future peace and prosperity, for all of the following reasons: (a) Hazardous, congested, and insanitary housing debilitates occupants’ health to the point of impairing motivation and achievement. (b) Lack of employment opportunity creates despair and frustration which may precipitate violence. (c) Unfit housing and lack of employment opportunity depend on each other to perpetuate a system of dependency and hopelessness which drains the state of its valuable financial and human resources. (Added by Stats. 1971, Ch. 1757.)
  152. 33071.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Further Declaration of State Policy [33070 - 33071] ( Article 5 added by Stats. 1971, Ch. 1757. )

    Verify source ↗

    The Legislature states that redevelopment is meant to increase low- and moderate-income housing, expand jobs for jobless, underemployed, and low-income people, and support the social, economic, and psychological well-being of all citizens.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Further Declaration of State Policy [33070 - 33071] ( Article 5 added by Stats. 1971, Ch. 1757. ) ## 33071. The Legislature further finds and declares that a fundamental purpose of redevelopment is to expand the supply of low- and moderate-income housing, to expand employment opportunities for jobless, underemployed, and low-income persons, and to provide an environment for the social, economic, and psychological growth and well-being of all citizens. (Added by Stats. 1971, Ch. 1757.)
  153. 33080.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    Redevelopment agencies must file required reports with the Controller and department, follow the Controller’s prescribed reporting format, and provide report copies and certain requested detail to persons or taxing agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080. (a) Every redevelopment agency shall file with the Controller within six months of the end of the agency’s fiscal year a copy of the report required by Section 33080.1. In addition, each redevelopment agency shall file with the department a copy of the audit report required by subdivision (a) of Section 33080.1. The reports shall be made in the time, format, and manner prescribed by the Controller after consultation with the department. (b) The redevelopment agency shall provide a copy of the report required by Section 33080.1, upon the written request of any person or any taxing agency. If the report does not include detailed information regarding administrative costs, professional services, or other expenditures, the person or taxing agency may request, and the redevelopment agency shall provide, that information. The person or taxing agency shall reimburse the redevelopment agency for all actual and reasonable costs incurred in connection with the provision of the requested information. (Amended by Stats. 1998, Ch. 40, Sec. 1. Effective January 1, 1999.)
  154. 33080.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    Redevelopment agencies must send audit reports to their legislative body within 30 days of receipt and file an annual report within six months after fiscal year end.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.1. Every redevelopment agency shall submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body within 30 days of receipt of that audit report. In addition, every redevelopment agency shall present an annual report to its legislative body within six months of the end of the agency’s fiscal year. The annual report shall contain all of the following: (a) (1) An independent financial audit report for the previous fiscal year. “Audit report” means an examination of, and opinion on, the financial statements of the agency which present the results of the operations and financial position of the agency, including all financial activities with moneys required to be held in a separate Low and Moderate Income Housing Fund pursuant to Section 33334.3. This audit shall be conducted by a certified public accountant or public accountant, licensed by the State of California, in accordance with Government Auditing Standards adopted by the Comptroller General of the United States. The audit report shall meet, at a minimum, the audit guidelines prescribed by the Controller’s office pursuant to Section 33080.3 and also include a report on the agency’s compliance with laws, regulations, and administrative requirements governing activities of the agency, and a calculation of the excess surplus in the Low and Moderate Income Housing Fund as defined in subdivision (g) of Section 33334.12. (2) However, the legislative body may elect to omit from inclusion in the audit report any distinct activity of the agency that is funded exclusively by the federal government and that is subject to audit by the federal government. (b) A fiscal statement for the previous fiscal year that contains the information required pursuant to Section 33080.5. (c) A description of the agency’s activities in the previous fiscal year affecting housing and displacement that contains the information required by Sections 33080.4 and 33080.7. (d) A description of the agency’s progress, including specific actions and expenditures, in alleviating blight in the previous fiscal year. (e) A list of, and status report on, all loans made by the redevelopment agency that are fifty thousand dollars ($50,000) or more, that in the previous fiscal year were in default, or not in compliance with the terms of the loan approved by the redevelopment agency. (f) A description of the total number and nature of the properties that the agency owns and those properties the agency has acquired in the previous fiscal year. (g) A list of the fiscal years that the agency expects each of the following time limits to expire: (1) The time limit for the commencement for eminent domain proceedings to acquire property within the project area. (2) The time limit for the establishment of loans, advances, and indebtedness to finance the redevelopment project. (3) The time limit for the effectiveness of the redevelopment plan. (4) The time limit to repay indebtedness with the proceeds of property taxes. (h) Any other information that the agency believes useful to explain its programs, including, but not limited to, the number of jobs created and lost in the previous fiscal year as a result of its activities. (Amended by Stats. 2007, Ch. 90, Sec. 1. Effective January 1, 2008.)
  155. 33080.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The agency must tell the legislative body about major audit violations when it presents the annual report, and it must warn that failing to correct a violation may lead to an Attorney General action. The legislative body must review the report and take whatever action it deems appropriate within the required timeframe.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.2. (a) When the agency presents the annual report to the legislative body pursuant to Section 33080.1, the agency shall inform the legislative body of any major audit violations of this part based on the independent financial audit report. The agency shall inform the legislative body that the failure to correct a major audit violation of this part may result in the filing of an action by the Attorney General pursuant to Section 33080.8. (b) The legislative body shall review any report submitted pursuant to Section 33080.1 and take any action it deems appropriate on that report no later than the first meeting of the legislative body occurring more than 21 days from the receipt of the report. (Amended by Stats. 2010, Ch. 699, Sec. 26. (SB 894) Effective January 1, 2011.)
  156. 33080.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The Controller must develop and periodically revise guidelines for the required report and appoint an advisory committee to help develop them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.3. The Controller shall develop and periodically revise the guidelines for the content of the report required by Section 33080.1. The Controller shall appoint an advisory committee to advise in the development of the guidelines. The advisory committee shall include representatives from among those persons nominated by the department, the Legislative Analyst, the California Society of Certified Public Accountants, the California Redevelopment Association, and any other authorities in the field that the Controller deems necessary and appropriate. (Amended by Stats. 1998, Ch. 40, Sec. 3. Effective January 1, 1999.)
  157. 33080.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The agency must include detailed housing and fund information in its activity description.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.4. (a) For the purposes of compliance with subdivision (c) of Section 33080.1, the description of the agency’s activities shall contain the following information regardless of whether each activity is funded exclusively by the state or federal government, for each project area and for the agency overall: (1) Pursuant to Section 33413, the total number of nonelderly and elderly households, including separate subtotals of the numbers of very low income households, other lower income households, and persons and families of moderate income, that were displaced or moved from their dwelling units as part of a redevelopment project of the agency during the previous fiscal year. (2) Pursuant to Section 33413.5, the total number of nonelderly and elderly households, including separate subtotals of the numbers of very low income households, other lower income households, and persons and families of moderate income, that the agency estimates will be displaced or will move from their dwellings as part of a redevelopment project of the agency during the present fiscal year and the date of adoption of a replacement housing plan for each project area subject to Section 33413.5. (3) The total number of dwelling units housing very low income households, other lower income households, and persons and families of moderate income, respectively, which have been destroyed or removed from the low- or moderate-income housing market during the previous fiscal year as part of a redevelopment project of the agency, specifying the number of those units which are not subject to Section 33413. (4) The total numbers of agency-assisted dwelling units which were constructed, rehabilitated, acquired, or subsidized during the previous fiscal year for occupancy at an affordable housing cost by elderly persons and families, but only if the units are restricted by agreement or ordinance for occupancy by the elderly, and by very low income households, other lower income households, and persons and families of moderate income, respectively, specifying those units which are not currently so occupied, those units which have replaced units destroyed or removed pursuant to subdivision (a) of Section 33413, and the length of time any agency-assisted units are required to remain available at affordable costs. (5) The total numbers of new or rehabilitated units subject to paragraph (2) of subdivision (b) of Section 33413, including separate subtotals of the number originally affordable to and currently occupied by, elderly persons and families, but only if the units are restricted by agreement or ordinance for occupancy by the elderly, and by very low income households, other lower income households, and persons and families of moderate income, respectively, and the length of time these units are required to remain available at affordable costs. (6) The status and use of the Low and Moderate Income Housing Fund created pursuant to Section 33334.3, including information on the use of this fund for very low income households, other lower income households, and persons and families of moderate income, respectively. If the Low and Moderate Income Housing Fund is used to subsidize the cost of onsite or offsite improvements, then the description of the agency’s activities shall include the number of housing units affordable to persons and families of low or moderate income which have been directly benefited by the onsite or offsite improvements. (7) A compilation of the annual reports obtained by the agency under Section 33418 including identification of the number of units occupied by persons and families of moderate income, other lower income households, and very low income households, respectively, and identification of projects in violation of this part or any agreements in relation to affordable units. (8) The total amount of funds expended for planning and general administrative costs as defined in subdivisions (d) and (e) of Section 33334.3. (9) Any other information which the agency believes useful to explain its housing programs, including, but not limited to, housing for persons and families of other than low and moderate income. (10) The total number of dwelling units for very low income households, other lower income households, and persons and families of moderate income to be constructed under the terms of an executed agreement or contract and the name and execution date of the agreement or contract. These units may only be reported for a period of two years from the execution date of the agreement or contract. (11) The date and amount of all deposits and withdrawals of moneys deposited to and withdrawn from the Low and Moderate Income Housing Fund. (b) As used in this section: (1) “Elderly,” has the same meaning as specified in Section 50067. (2) “Persons and families of moderate income,” has the same meaning as specified in subdivision (b) of Section 50093. (3) “Other lower income households,” has the same meaning as “lower income households” as specified in Section 50079.5, exclusive of very low income households. (4) “Persons and families of low or moderate income,” has the same meaning as specified in Section 50093. (5) “Very low income households,” has the same meaning as specified in Section 50105. (c) Costs associated with preparing the report required by this section may be paid with moneys from the Low and Moderate Income Housing Fund. (Amended by Stats. 1993, Ch. 942, Sec. 7. Effective January 1, 1994.)
  158. 33080.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The agency’s fiscal statement must include specified financial and reporting information.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.5. For the purposes of compliance with subdivision (b) of Section 33080.1, the fiscal statement shall contain the following information: (a) The amount of outstanding indebtedness of the agency and each project area. (b) The amount of tax increment property tax revenues generated in the agency and in each project area. (c) The amount of tax increment revenues paid to, or spent on behalf of, a taxing agency, other than a school or community college district, pursuant to subdivision (b) of Section 33401 or Section 33676. Moneys expended on behalf of a taxing agency shall be itemized per each individual capital improvement. (d) The financial transactions report required pursuant to Section 53891 of the Government Code. (e) The amount allocated to school or community college districts pursuant to each of the following provisions: (1) Section 33401; (2) Section 33445; (3) Section 33445.5; (4) paragraph (2) of subdivision (a) of Section 33676; and (5) Section 33681. (f) The amount of existing indebtedness, as defined in Section 33682, and the total amount of payments required to be paid on existing indebtedness for that fiscal year. (g) Any other fiscal information which the agency believes useful to describe its programs. (Amended by Stats. 1993, Ch. 476, Sec. 1. Effective January 1, 1994.)
  159. 33080.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The department must compile and publish annual reports on redevelopment agency activities by May 1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.6. On or before May 1 of each year, the department shall compile and publish reports of the activities of redevelopment agencies for the previous fiscal year, based on the information reported pursuant to subdivision (c) of Section 33080.1 and reporting the types of findings made by agencies pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 33334.2, including the date of the findings. The department’s compilation shall also report on the project area mergers reported pursuant to Section 33488. The department shall publish this information for each project area of each redevelopment agency. These reports may also contain the biennial review of relocation assistance required by Section 50460. The first report published pursuant to this section shall be for the 1984–85 fiscal year. For fiscal year 1987–88 and succeeding fiscal years, the report shall contain a list of those project areas which are not subject to the requirements of Section 33413. The department shall send a copy of the executive summary of its report to each redevelopment agency for which information was reported pursuant to Section 33080.1 for the fiscal year covered by the report. The department shall send a copy of its report to each redevelopment agency that requests a copy. (Amended by Stats. 1998, Ch. 39, Sec. 3. Effective January 1, 1999.)
  160. 33080.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    An agency’s report must identify certain excess surplus amounts in its Low and Moderate Income Housing Fund and include any required plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.7. For purposes of compliance with subdivision (c) of Section 33080.1 and in addition to the requirements of Section 33080.4, the description of the agency’s activities shall identify the amount of excess surplus, as defined in Section 33334.10, which has accumulated in the agency’s Low and Moderate Income Housing Fund. Of the total excess surplus, the description shall also identify the amount that has accrued to the Low and Moderate Income Housing Fund during each fiscal year. This component of the annual report shall also include any plan required to be reported by subdivision (c) of Section 33334.10. (Amended by Stats. 2006, Ch. 538, Sec. 387. Effective January 1, 2007.)
  161. 33080.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. )

    Verify source ↗

    The Controller must identify agencies with major audit violations, check whether they were corrected, and refer unresolved cases to the Attorney General. The court can then order the agency to stop certain redevelopment activities, comply, or forfeit money.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 1. General [33000 - 33080.8] ( Chapter 1 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Reporting Requirement [33080 - 33080.8] ( Article 6 added by Stats. 1975, Ch. 1137. ) ## 33080.8. (a) On or before April 1 of each year, the Controller shall compile a list of agencies that appear to have major audit violations as defined in this section, based on the independent financial audit reports filed with the Controller pursuant to Section 33080. (b) On or before June 1 of each year, for each major audit violation of each agency identified pursuant to subdivision (a), the Controller shall determine if the agency has corrected the major audit violation. Before making this determination, the Controller shall consult with each affected agency. In making this determination, the Controller may request and shall receive the prompt assistance of public officials and public agencies, including, but not limited to, the affected agencies, counties, and cities. If the Controller determines that an agency has not corrected the major audit violation, the Controller shall send a list of those agencies, their major violations, all relevant documents, and the affidavits required pursuant to subdivision (d) to the Attorney General for action pursuant to this section. (c) For each agency that the Controller refers to the Attorney General pursuant to subdivision (b), the Controller shall notify the agency and the legislative body that the agency was on the list sent to the Attorney General. The Controller’s notice shall inform the agency and the legislative body of the duties imposed by Section 33080.2. (d) Within 45 days of receiving the referral from the Controller pursuant to subdivision (b), the Attorney General shall determine whether to file an action to compel the agency’s compliance with this part. Any action filed pursuant to this section shall be commenced in the County of Sacramento. The time limit for the Attorney General to make this determination is directory and not mandatory. Any action shall be accompanied by an affidavit or affidavits, to be provided by the Controller with the referral, setting forth facts that demonstrate a likelihood of success on the merits of the claim that the agency has a major audit violation. The affidavit shall also certify that the agency and the legislative body were informed not less than 10 days prior to the date on which the action was filed. The agency shall file a response to any action filed by the Attorney General pursuant to this section within 15 days of service. (e) (1) On the earliest day that the business of the court will permit, but not later than 45 days after the filing of an action pursuant to this section, the court shall conduct a hearing to determine if good cause exists for believing that the agency has a major audit violation and has not corrected that violation. (2) If the court determines that no good cause exists or that the agency had a major audit violation but corrected the major audit violation, the court shall dismiss the action. (3) If the court determines that there is good cause for believing that the agency has a major audit violation and has not corrected that major audit violation, the court shall immediately issue an order that prohibits the agency from doing any of the following: (A) Encumbering any funds or expending any money derived from any source except to pay the obligations designated in subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (e) of Section 33334.12. (B) Adopting a redevelopment plan. (C) Amending a redevelopment plan except to correct the major audit violation that is the subject of the action. (D) Issuing, selling, offering for sale, or delivering any bonds or any other evidence of indebtedness. (E) Incurring any indebtedness. (f) In a case that is subject to paragraph (3) of subdivision (e), the court shall also set a hearing on the matter within 60 days. (g) If, on the basis of that subsequent hearing, the court determines that the agency has a major audit violation and has not corrected that violation, the court shall order the agency to comply with this part within 30 days, and order the agency to forfeit to the state no more than: (1) Two thousand dollars ($2,000) in the case of a community redevelopment agency with a total revenue, in the prior year, of less than one hundred thousand dollars ($100,000) as reported in the Controller’s annual financial reports. (2) Five thousand dollars ($5,000) in the case of a community redevelopment agency with a total revenue, in the prior year, of at least one hundred thousand dollars ($100,000) but less than two hundred fifty thousand dollars ($250,000) as reported in the Controller’s annual financial reports. (3) Ten thousand dollars ($10,000) in the case of a community redevelopment agency with a total revenue, in the prior year, of at least two hundred fifty thousand dollars ($250,000) as reported in the Controller’s annual financial reports. (h) The order issued by the court pursuant to paragraph (3) of subdivision (e) shall continue in effect until the court determines that the agency has corrected the major audit violation. If the court determines that the agency has corrected the major audit violation, the court may dissolve its order issued pursuant to paragraph (3) of subdivision (e) at any time. (i) An action filed pursuant to this section to compel an agency to comply with this part is in addition to any other remedy, and is not an exclusive means to compel compliance. (j) As used in this section, “major audit violation” means that, for the fiscal year in question, an agency did not: (1) File an independent financial audit report that substantially conforms with the requirements of subdivision (a) of Section 33080.1. (2) File a fiscal statement that includes substantially all of the information required by Section 33080.5. (3) Establish time limits, as required by Section 33333.6. (4) Deposit all required tax increment revenues directly into the Low and Moderate Income Housing Fund upon receipt, as required by Section 33334.3, 33334.6, 33487, or 33492.16. (5) Establish a Low and Moderate Income Housing Fund, as required by subdivision (a) of Section 33334.3. (6) Accrue interest earned by the Low and Moderate Income Housing Fund to that fund, as required by subdivision (b) of Section 33334.3. (7) Determine that the planning and administrative costs charged to the Low and Moderate Income Housing Fund are necessary for the production, improvement, or preservation of low- and moderate-income housing, as required by subdivision (d) of Section 33334.3. (8) Initiate development of housing on real property acquired using moneys from the Low and Moderate Income Housing Fund or sell the property, as required by Section 33334.16. (9) Adopt an implementation plan, as required by Section 33490. (Amended by Stats. 2003, Ch. 318, Sec. 1. Effective January 1, 2004.)
  162. 33100.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each community has a public body called the redevelopment agency of the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33100. There is in each community a public body, corporate and politic, known as the redevelopment agency of the community. (Added by Stats. 1963, Ch. 1812.)
  163. 33101.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Some agencies may not do business or exercise powers under this part unless the legislative body adopts an ordinance declaring a need for the agency to function in the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33101. An agency which, on September 15, 1961, was not authorized to transact any business or exercise any powers by a resolution adopted prior to such date, shall not transact any business or exercise any powers under this part unless, by ordinance, the legislative body declares that there is need for an agency to function in the community. The ordinance of the legislative body declaring that there is need for an agency to function in the community shall be subject to referendum as prescribed by law for a county or a city ordinance. (Added by Stats. 1963, Ch. 1812.)
  164. 33102.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must file a certified copy of the ordinance with the county clerk.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33102. The agency shall cause a certified copy of the ordinance to be filed in the office of the county clerk. (Amended by Stats. 1998, Ch. 829, Sec. 43. Effective January 1, 1999.)
  165. 33103.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    In proceedings about an agency contract, the agency is treated as established and authorized to do business and exercise its powers if there is proof that the ordinance was filed with the Secretary of State.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33103. In any proceeding involving the validity or enforcement of, or relating to, any contract by an agency, the agency is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the filing with the Secretary of State of such an ordinance. (Added by Stats. 1963, Ch. 1812.)
  166. 33103.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain prior ordinances for a Crescent City redevelopment agency are validated, and qualifying emergency ordinances are not subject to referendum.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33103.5. Any ordinance of a legislative body heretofore adopted declaring the need for an agency to function in Crescent City is hereby validated, and in any proceeding involving the validity of, or enforcement of, or relating to, any contract by such an agency, the agency is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof that a copy of such ordinance has been filed with the Secretary of State. Notwithstanding Section 33101, any such ordinance adopted as an emergency ordinance is not subject to referendum. (Added by Stats. 1964, 1st Ex. Sess., Ch. 54.)
  167. 33104.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agencies that had transacted business and exercised powers before September 15, 1961 are conclusively treated as established and authorized, if supported by the required resolution proof.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33104. Agencies which transacted business and exercised powers prior to September 15, 1961, shall, in any proceeding involving the validity of, or enforcement of, or relating to, any contract by an agency, be conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution adopted pursuant to the provisions of this part which were in effect prior to September 15, 1961, or upon proof that a copy of such resolution has been filed with the Secretary of State. (Added by Stats. 1963, Ch. 1812.)
  168. 33105.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If the listed conditions are met, the agency remains valid and can conduct business and exercise its powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Creation of Agencies [33100 - 33105] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33105. In any case where an agency was activated in a community by a resolution adopted pursuant to Section 33101 prior to January 1, 1951, and where thereafter and prior to January 1, 1951, the legislative body of the community purported to dissolve the agency under circumstances where Section 33140 was not applicable, and where as a result of such purported dissolution the agency was inactive for a period of at least 10 years, and where subsequent to January 1, 1962, the legislative body of the community adopted an ordinance pursuant to Section 33101 declaring that there is need for an agency to function in the community, which ordinance was not suspended by referendum, and where subsequent to the adoption of such ordinance new members of the agency were appointed pursuant to Section 33110, such agency is a valid and existing agency with full power to transact any business and exercise its powers and the members appointed subsequent to the adoption of such ordinance are the legally appointed and existing members of the agency, each for the term designated in his appointment. For the purpose of applying Section 33140 to such agency, the two-year period referred to in that section shall be measured from the date of adoption of such ordinance. (Added by Stats. 1963, Ch. 1812.)
  169. 33110.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    When an ordinance declares the need for an agency, the mayor or board chairman must appoint five agency members with legislative body approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33110. When the legislative body adopts an ordinance declaring the need for an agency, the mayor or chairman of the board of supervisors, with the approval of the legislative body, shall appoint five persons, who are resident electors of the community, and may include tenants of a public housing authority created pursuant to Part 2 (commencing with Section 34200) of this division, as members of the agency. The legislative body may, either at the time of the adoption of the ordinance declaring the need for an agency or at any time thereafter, adopt an ordinance increasing to seven the number of members to be appointed to the agency. Upon the exercise of such option by the legislative body, the membership of the agency shall remain at seven. (Amended by Stats. 1971, Ch. 1054.)
  170. 33111.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency member cannot be an elective officer or employee of the community, but may hold roles in other community agencies or authorities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33111. A member may not be an elective officer or an employee of the community, but, notwithstanding any other law, he may be a member, commissioner, or employee of any other agency or authority of, or created for, the community. (Added by Stats. 1963, Ch. 1812.)
  171. 33112.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section sets staggered initial terms for redevelopment agency members, gives later appointees and successors four-year terms, fills vacancies for the unexpired term, and lets a member stay in office until a successor is appointed and qualified.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33112. Three of the members first appointed shall be designated to serve the terms of one, two, and three years, respectively, from the date of their appointments and two shall be designated to serve for terms of four years from the date of their appointments. If and when the membership of the agency is increased to seven, one of the additional members shall be appointed to a term, or unexpired portion thereof, which is concurrent with the term then held by the member originally appointed for a term of three years or by his successor, and the other additional member shall be appointed to a term, or unexpired portion thereof, which is concurrent with the term then held by the member originally appointed for a term of two years or by his successor. Their successors shall be appointed for four-year terms. Vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his successor has been appointed and has qualified. (Added by Stats. 1963, Ch. 1812.)
  172. 33113.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The appointing officer must designate the first chairman from among the members, and the agency must elect a chairman from among its members when that office is vacant.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33113. The appointing officer shall designate the first chairman from among the members. When there is a vacancy in such office, the agency shall elect a chairman from among its members. Unless otherwise prescribed by the legislative body, the term of office as chairman is for the calendar year, or for that portion remaining after he is designated or elected. (Added by Stats. 1963, Ch. 1812.)
  173. 33114.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Members are entitled to actual and necessary expenses, including travel costs for duties, and may receive additional compensation set by the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33114. Members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. They may receive such other compensation as the legislative body prescribes. (Added by Stats. 1963, Ch. 1812.)
  174. 33114.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agency members can be paid up to $30 per meeting, but not for more than four meetings in a calendar month, and they are entitled to actual and necessary expenses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33114.5. Notwithstanding any other provision of law, whenever the legislative body of a city having a population of less than 200,000 or the legislative body of a county declares itself to be the agency pursuant to Section 33200, the compensation provided for in Section 33114 shall not exceed thirty dollars ($30) per member for each meeting of the agency attended by the member. No member shall receive compensation for attending more than four meetings of the agency during any calendar month. In addition, members shall receive their actual and necessary expenses incurred in the discharge of their duties. (Amended by Stats. 1973, Ch. 899.)
  175. 33115.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An appointing officer may remove a member for inefficiency, neglect of duty, or misconduct in office, but only after giving the member a copy of the charges at least 10 days before a public hearing and an opportunity to be heard.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Appointment, Compensation, and Removal of Agency Members [33110 - 33115] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33115. For inefficiency, neglect of duty, or misconduct in office, a member may be removed by the appointing officer, but only after he has been given a copy of the charges at least 10 days prior to a public hearing on them and has had an opportunity to be heard in person or by counsel. If a member is removed, a record of the proceedings and the charges and findings shall be filed in the office of the clerk of the community. (Added by Stats. 1963, Ch. 1812.)
  176. 33120.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines the territorial jurisdiction of redevelopment agencies for counties and for cities or city and counties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33120. The territorial jurisdiction of the agency of a county is the unincorporated territory in the county, and that of a city or city and county is the territory within its limits. (Added by Stats. 1963, Ch. 1812.)
  177. 33121.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each agency’s powers are vested in the members currently in office.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33121. The powers of each agency are vested in the members in office. (Added by Stats. 1963, Ch. 1812.)
  178. 33121.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency and legislative body may not delegate required decisions or actions to another entity unless this part specifically allows that delegation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33121.5. When a decision, determination, or other action by the agency or legislative body is required by this part, neither the agency nor the legislative body shall delegate the obligation to decide, determine, or act to another entity unless a provision of this part specifically provides for that delegation. (Added by Stats. 1999, Ch. 442, Sec. 4. Effective January 1, 2000.)
  179. 33122.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each redevelopment agency has the governmental functions and powers given by this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33122. Each redevelopment agency exercises governmental functions and has the powers prescribed in this part. (Added by Stats. 1963, Ch. 1812.)
  180. 33123.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each agency is described as performing a public function of the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33123. Each agency is performing a public function of the community. (Added by Stats. 1963, Ch. 1812.)
  181. 33125.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may sue and be sued, have a seal, make and execute necessary or convenient contracts and instruments, and make, amend, or repeal bylaws and regulations that are consistent with this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33125. An agency may: (a) Sue and be sued. (b) Have a seal. (c) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (d) Make, amend, and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of this part. (Added by Stats. 1963, Ch. 1812.)
  182. 33125.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must keep a record of its meeting proceedings, and those records must be open to public examination as required by law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33125.5. An agency shall keep a record of the proceedings of its meetings and those records shall be open to examination by the public to the extent required by law. (Amended by Stats. 1977, Ch. 797.)
  183. 33126.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may hire and contract for staff services, but it must adopt employee rules and make them public, with required conflict-of-interest and hiring/firing procedures.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33126. (a) An agency may select, appoint, and employ such permanent and temporary officers, agents, counsel, and employees as it requires, and determine their qualifications, duties, benefits, and compensation, subject only to the conditions and restrictions imposed by the legislative body on the expenditure or encumbrance of the budgetary funds appropriated to the community redevelopment agency administrative fund. To the greatest extent feasible, the opportunities for training and employment arising from a redevelopment project planning and execution shall be given to lower income residents of the project area. The agency shall adopt personnel rules and regulations applicable to all employees. Such rules shall contain procedures affecting conflicts of interest, use of funds, personnel procedures on hiring and firing including removal of personnel for inefficiency, neglect of duties, or misconduct in office. Such rules and regulations shall be of public record. (b) An agency may contract with the Department of Housing and Community Development, or any other agency, for the furnishing by the department, or agency, of any necessary staff services associated with or required by redevelopment and which could be performed by the staff of an agency. (Amended by Stats. 1972, Ch. 687.)
  184. 33127.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may obtain or rent office-related resources and may authorize and pay travel expenses for certain agency people on agency business.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33127. An agency may: (a) Obtain, hire, purchase, or rent office space, equipment, supplies, insurance, or services. (b) Authorize and pay the travel expenses of agency members, officers, agents, counsel, and employees on agency business. (Added by Stats. 1963, Ch. 1812.)
  185. 33128.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may access the services and facilities of the planning commission, the city engineer, and other community departments and offices for agency purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33128. For the purposes of the agency, it shall have access to the services and facilities of the planning commission, the city engineer, and other departments and offices of the community. (Added by Stats. 1963, Ch. 1812.)
  186. 33129.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A community redevelopment agency does not become a city department, and its officers, agents, counsel, and employees are not placed under the community’s civil service, just because the community gives it money for its administrative fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33129. The grant of money appropriated by the legislative body of the community to the community redevelopment agency administrative fund is not to be construed as making the agency a department of the community or placing the officers, agents, counsel, and employees under civil service of the community. (Added by Stats. 1963, Ch. 1812.)
  187. 33130.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain redevelopment agency officers and employees may not acquire interests in project-area property, and must promptly disclose any financial interest they have.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33130. (a) No agency or community officer or employee who in the course of his or her duties is required to participate in the formulation of, or to approve plans or policies for, the redevelopment of a project area shall acquire any interest in any property included within a project area within the community. If any such officer or employee owns or has any direct or indirect financial interest in property included within a project area, that officer or employee shall immediately make a written disclosure of that financial interest to the agency and the legislative body and the disclosure shall be entered on the minutes of the agency and the legislative body. Failure to make the disclosure required by this subdivision constitutes misconduct in office. (b) Subdivision (a) does not prohibit any agency or community officer or employee from acquiring an interest in property within the project area for the purpose of participating as an owner or reentering into business pursuant to this part if that officer or employee has owned a substantially equal interest as that being acquired for the three years immediately preceding the selection of the project area. (c) A rental agreement or lease of property which meets all of the following conditions is not an interest in property for purposes of subdivision (a): (1) The rental or lease agreement contains terms that are substantially equivalent to the terms of a rental or lease agreement available to any member of the general public for comparable property in the project area. (2) The rental or lease agreement includes a provision which prohibits any subletting, sublease, or other assignment at a rate in excess of the rate in the original rental or lease agreement. (3) The property which is subject to the rental or lease agreement is used in the pursuit of the principal business, occupation, or profession of the officer or employee. (4) The agency or community officer or employee who obtains the rental or lease agreement immediately makes a written disclosure of that fact to the agency and the legislative body. (Amended by Stats. 1985, Ch. 87, Sec. 1.)
  188. 33130.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain agency or community officers, employees, consultants, or agents may buy or lease property in a project area after agency certification, but purchasing officers or employees must immediately disclose it and then cannot vote on related matters.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33130.5. Notwithstanding any other provisions of law, an officer, employee, consultant, or agent of the agency or community, for personal residential use, may purchase or lease property within a project area after the agency has certified that the improvements to be constructed or the work to be done on the property to be purchased or leased have been completed, or has certified that no improvements need to be constructed or that no work needs to be done on the property. Any such officer or employee who purchases or leases such property shall immediately make a written disclosure to the agency and the legislative body, which disclosure shall be entered on the minutes of the agency. Any such officer or employee shall thereafter be disqualified from voting on any matters directly affecting such a purchase, lease, or residency. Failure to so disclose constitutes misconduct in office. (Added by Stats. 1967, Ch. 1242.)
  189. 33131.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may prepare and carry out redevelopment plans, share redevelopment information, and prepare applications for certain federal housing and community development programs and grants.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33131. An agency may: (a) From time to time prepare and carry out plans for the improvement, rehabilitation, and redevelopment of blighted areas. (b) Disseminate redevelopment information. (c) Prepare applications for various federal programs and grants relating to housing and community development and plan and carry out such programs within authority otherwise granted by this part, at the request of the legislative body. (Amended by Stats. 1969, Ch. 1561.)
  190. 33132.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may accept financial assistance from public or private sources when authorized by Chapter 6 or another provision in this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33132. The agency may accept financial assistance from public or private sources as authorized by Chapter 6 (commencing with Section 33600) or any other provision in this part. (Added by Stats. 1963, Ch. 1812.)
  191. 33133.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may accept assistance from state or federal government sources or from public or private sources for redevelopment projects or for its activities, powers, and duties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33133. The agency may accept any other assistance from the state or federal government or any public or private source for any redevelopment project within its area of operation or for the agency’s activities, powers, and duties. (Added by Stats. 1963, Ch. 1812.)
  192. 33134.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may insure, or arrange insurance for, its operations against risks or hazards within the survey area or for redevelopment purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33134. Within the survey area or for purposes of redevelopment an agency may insure or provide for the insurance of any operations of the agency against risks or hazards. (Added by Stats. 1965, Ch. 1665.)
  193. 33135.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may provide relocation assistance and related aid, but only on request, at the requesting public body’s expense, outside any survey area, and with legislative body approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33135. Upon request from and at the expense of any public body, an agency may, outside any survey area, with the approval of the legislative body, provide (1) relocation assistance to persons displaced by governmental action, and (2) aid and assistance to property owners in connection with rehabilitation loans and grants. (Amended by Stats. 1967, Ch. 1242.)
  194. 33136.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may finance insurance premiums for certain property construction or rehabilitation projects serving lower income housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Nature, Jurisdiction, and General Powers of Agencies [33120 - 33136] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33136. An agency may finance the cost of premiums necessary for the provision of insurance during the construction or rehabilitation of properties that are administered by governmental entities or nonprofit organizations to provide housing for lower income households, as defined in Section 50079.5, including rental properties, emergency shelters, transitional housing, or special residential care facilities. (Added by Stats. 1988, Ch. 1564, Sec. 1.)
  195. 33140.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A legislative body may declare there is no further need for a redevelopment agency if certain redevelopment inactivity conditions are met, but it may not do so if the agency has not complied with Section 33333.8(a) in any project area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33140. If an agency has not redeveloped or acquired land for, or commenced the redevelopment of, a project, or entered into contracts for redevelopment within two years after the adoption of an ordinance pursuant to Section 33101, or, in the case of an agency authorized to transact business and exercise powers by resolution adopted pursuant to the provisions of Section 33101 that were in effect prior to the adoption of that resolution, the legislative body may, by ordinance, declare that there is no further need for the agency. A legislative body shall not adopt an ordinance declaring that there is no further need for the agency if, in one or more project areas, the agency has not complied with subdivision (a) of Section 33333.8. Upon the adoption of the ordinance, the offices of the agency members are vacated and the capacity of the agency to transact business or exercise any powers is suspended until the legislative body adopts an ordinance declaring the need for the agency to function. (Amended by Stats. 2001, Ch. 741, Sec. 1. Effective January 1, 2002.)
  196. 33141.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A community legislative body may, by ordinance, deactivate an agency if listed debts and contractual obligations are cleared or assumed; it must not do so if the agency has not complied with Section 33333.8(a) in any project area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33141. Upon the motion of the legislative body or upon recommendation of the agency, the legislative body of the community may, by ordinance, order the deactivation of an agency by declaring that there is no need for an agency to function in the community, if the agency has no outstanding bonded indebtedness, no other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with persons or entities other than the community, unless the community assumes the bonded indebtedness, unpaid loans, indebtedness, and advances, and legally binding contractual obligations. A legislative body shall not adopt an ordinance declaring that there is no need for the agency, if in one or more project areas, the agency has not complied with subdivision (a) of Section 33333.8. An ordinance of a legislative body declaring there is no need for an agency to function in the community shall be subject to referendum as prescribed by law for the ordinances of the legislative body. (Amended by Stats. 2001, Ch. 741, Sec. 2. Effective January 1, 2002.)
  197. 33142.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body of the community must file a certified copy of any ordinance that suspends or dissolves an agency with the Secretary of State.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 2. Redevelopment Agencies [33100 - 33142] ( Chapter 2 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Suspension and Dissolution of Agencies [33140 - 33142] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33142. The legislative body of the community shall file with the Secretary of State a certified copy of any ordinance suspending or dissolving an agency pursuant to Section 33140 or 33141. (Added by Stats. 1969, Ch. 1561.)
  198. 33200.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may declare itself to be the redevelopment agency, but if it does so in certain cases it must hold a public hearing and give advance notice. It also must make required findings, publish and post notice, mail notice to interested persons, and prepare supporting reports or proposals.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33200. (a) As an alternative to the appointment of five members of the agency, the legislative body may, at the time of the adoption of an ordinance pursuant to Section 33101 or 33140 of this part, or at any time thereafter by adoption of an ordinance, declare itself to be the agency; in which case, all the rights, powers, duties, privileges and immunities, vested by this part in an agency, except as otherwise provided in this article, shall be vested in the legislative body of the community. If a member of the legislative body of a city or county does not wish to serve on the agency, the members may so notify the legislative body of the city or county, and the legislative body of the city or county shall appoint a replacement who is an elector of the city or county to serve out the term of the replaced member. However, in any community in San Bernardino County which is a charter city, the adoption of any order or resolution by the legislative body acting as the agency shall be governed by the same procedures as are set forth in the provisions of the charter, and the mayor shall be the chairperson of the agency, having the same power and authority in the conduct of the agency and the meetings of the legislative body acting as the agency, that the mayor has in the conduct of the affairs of the city. As part of the legislative body’s ordinance declaring itself to be the redevelopment agency pursuant to this subdivision, the legislative body shall make findings that the action shall serve the public interest and promote the public safety and welfare in an effective manner. (b) In the event an appointive agency has been designated and has been in existence for at least three years, the legislative body shall not adopt an ordinance declaring itself to be the agency without first conducting a public hearing on the proposed ordinance. Notice of the public hearing required by this subdivision shall be published not less than once during the 10 calendar days immediately prior to the hearing in a newspaper of general circulation, printed and published in the community, or if there is none, in a newspaper selected by the legislative body. The notice of hearing shall include a general statement of the procedure and effect of the legislative body’s declaring itself to be the agency. Copies of the notice shall be posted throughout the affected project area or areas at least 10 calendar days prior to the hearing. The legislative body shall also mail by first-class mail copies of the notice at least 10 calendar days prior to the hearing, to all persons who have expressed to the agency or the legislative body an interest in receiving information on redevelopment activities. The legislative body shall cause the preparation of any report or reports or proposals, as are necessary to substantiate and explain the determination that the legislative body shall declare itself the redevelopment agency, to be presented at the public hearing. As part of the legislative body’s ordinance declaring itself to be the redevelopment agency pursuant to this subdivision, the legislative body shall make findings that (1) the action will serve the public interest and promote the public safety and welfare in a more effective manner than the current organization, and (2) there has been full public disclosure of all reports and proposals relating to the legislative body’s intent to declare itself the redevelopment agency. (Amended by Stats. 1996, Ch. 1119, Sec. 1. Effective January 1, 1997.)
  199. 33201.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A qualifying legislative body may create a community redevelopment commission by ordinance, with at least seven members. Commission members may not have interests in project-area property, and any covered property interest or qualifying lease must be disclosed in writing right away.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33201. (a) A legislative body which has declared itself to be the agency pursuant to Section 33200 may by ordinance create a community redevelopment commission. The ordinance shall establish the number of members of the commission, but not less than seven, their terms of office, and the method of their appointment and removal. (b) (1) No member of the commission shall acquire any interest in any property included within a project area. Any member who owns or has any direct or indirect financial interest in any property within a project area shall immediately make a written disclosure of that interest to the legislative body. (2) A rental agreement or lease of property which meets all of the following conditions is not an interest in property for purposes of paragraph (1): (A) The rental or lease agreement contains terms that are substantially equivalent to the terms of a rental or lease agreement available to any member of the general public for comparable property in the project area. (B) The rental or lease agreement includes a provision which prohibits any subletting, sublease, or other assignment at a rate in excess of the rate in the original rental or lease agreement. (C) The property which is subject to the rental or lease agreement is used in the pursuit of the principal business, occupation, or profession of the member of the commission. (D) The member of the commission who obtains the rental or lease agreement immediately makes a written disclosure of that fact to the commission and the legislative body. (Amended by Stats. 1985, Ch. 87, Sec. 2.)
  200. 33202.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a community redevelopment commission is created, it must prepare and handle redevelopment plan hearings and submissions, and the agency is not required to do those functions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33202. If a community redevelopment commission is created as provided in Section 33201, its functions shall be to prepare a redevelopment plan for each project area, hold and conduct hearings thereon, adopt and submit such plan, together with a report, to the legislative body, pursuant to all of the provisions, requirements and procedures of Article 4 (commencing with Section 33330) of Chapter 4 of this part; and the agency, in such case, shall not be required to perform such functions. The legislative body may additionally delegate any of its functions as the governing body of the agency to the community redevelopment commission. (Amended by Stats. 1976, Ch. 631.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.