Health and Safety Code — Part 81 | HSC — United States — California law | Esheria

Health and Safety Code

Part 81 of 87 · provisions 16,001–16,200

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

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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.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 54022.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    The board may ask the Pooled Money Investment Board for a loan, but the request is capped and the board must sign any documents needed to get and repay it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54022. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount loaned pursuant to this section and not yet repaid and any amount withdrawn from the General Fund pursuant to Section 54024 and not yet returned to the General Fund. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  2. 54024.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    The Director of Finance may authorize certain withdrawals from the General Fund by executive order, but only within the stated bond-related cap.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54024. For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount loaned pursuant to Section 54022 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  3. 54026.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    Bonds may be refunded under the referenced Government Code procedure, and voter approval of the act counts as approval of any refunding bonds issued under this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54026. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  4. 54028.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    Bonds authorized by this part must mature no later than 35 years after each bond’s date.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54028. Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of issuance of each bond. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  5. 54030.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    The Legislature states that bond-sale proceeds are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54030. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  6. 54032.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    The Treasurer may manage investment earnings and bond proceeds in a separate account, pay amounts needed for federal rebate requirements, and direct their use and investment to preserve tax-exempt status and gain other federal-law advantages.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54032. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  7. 54034.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    Money from bond premiums and accrued interest must be moved to the General Fund, with a limited allowance to use premium proceeds first for bond issuance costs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54034. All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of bond issuance prior to transfer to the General Fund. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  8. 5410.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    This section defines key terms used in this chapter, including waste, person, waters of the state, contamination, pollution, nuisance, and regional board.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5410. As used in this chapter: (a) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature. (b) “Person” as used in this article also includes any city, county, district, the state or any department or agency thereof. (c) “Waters of the state” means any water, surface or underground, including saline waters, within the boundaries of the state. (d) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. (e) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. “Pollution” may include “contamination.” (f) “Nuisance” means anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during, or as a result of, the treatment or disposal of wastes. (g) “Regional board” means any California regional water quality control board created pursuant to Section 13201 of the Water Code. (Amended by Stats. 1969, Ch. 482.)
  9. 5411.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    No person may discharge sewage, other waste, or treated sewage effluent in a way that causes contamination, pollution, or a nuisance.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5411. No person shall discharge sewage or other waste, or the effluent of treated sewage or other waste, in any manner which will result in contamination, pollution or a nuisance. (Amended by Stats. 1967, Ch. 1447.)
  10. 5411.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    A person who causes or allows certain sewage or waste discharges must immediately notify the local health officer or director of environmental health once they know about the discharge.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5411.5. (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as that person has knowledge of the discharge, immediately notify the local health officer or the director of environmental health of the discharge. (b) A person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment for less than one year, or both the fine and imprisonment. (c) The notification required by this section shall not apply to a discharge authorized by law and in compliance with waste discharge requirements or other requirements established by the appropriate regional water quality control board or the State Water Resources Control Board. (d) The notification required by this section shall not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water pursuant to Section 13050 or 13529.2 of the Water Code. (Amended by Stats. 2013, Ch. 635, Sec. 2. (AB 803) Effective January 1, 2014.)
  11. 5412.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    If the state department or a local health officer finds contamination, that official must order it abated. Starting July 1 after sufficient legislative funding exists, the official must also submit any report required by Water Code Section 13193(d).

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5412. Whenever the state department or any local health officer finds that a contamination exists, the state department or officer shall order the contamination abated, as provided in this chapter, and, commencing July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, shall submit any report required pursuant to subdivision (d) of Section 13193 of the Water Code. (Amended by Stats. 2001, Ch. 498, Sec. 2. Effective January 1, 2002.)
  12. 5412.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    A person who causes certain sewage or waste discharges into state waters must reimburse the local health officer or environmental health director for necessary and actual mitigation costs. The county governing body must also set a payment amount sufficient to cover the administration costs of this section and Section 5411.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5412.5. (a) Any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any waters of the state that may cause contamination of waters used for a water-contact sport, as defined in Section 24155, shall reimburse the local health officer or the director of environmental health for the necessary and actual costs incurred to mitigate the threat of contamination and to protect the health and safety of the public. (b) The governing body of the county shall establish the amount of payment at a level sufficient to pay the necessary and reasonable costs incurred by the local health officer or environmental health director administering this section and Section 5411.5. (c) For the purposes of this section “mitigate” includes, but is not limited to, actions taken by the local health officer or the director of environmental health in the affected tributaries and waters used for a water-contact sport to investigate the waste discharge, to collect and analyze water samples to determine the areas of contamination, to close or restrict use, to post closure signs, and to notify the public of closures or restrictions. (d) This section shall not apply to discharge authorized by law and in compliance with waste discharge requirements or other requirements established by the appropriate regional water quality control board or the State Water Resources Control Board. (Added by Stats. 1992, Ch. 410, Sec. 2. Effective January 1, 1993.)
  13. 5413.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    The state department must refer confirmed pollution or nuisance conditions to the proper regional board, and it must inspect and report to the board on request.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5413. Whenever the state department finds that a pollution or nuisance does, in fact, exist, that condition shall be immediately referred by the state department to the proper regional board for action, together with any recommendations for correction, and, commencing July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, the state department shall submit any report required pursuant to subdivision (d) of Section 13193 of the Water Code. Upon request of a regional board, the state department shall inspect and report to the board on any technical factors involved in any condition of pollution or nuisance. (Amended by Stats. 2001, Ch. 498, Sec. 3. Effective January 1, 2002.)
  14. 5414.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    The state department may accept a qualified local or state officer’s or agency’s action as sufficient when there is a condition of contamination.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5414. With respect to any condition of contamination, the state department may accept the action of any state, county, or municipal officer or agency having jurisdiction over the matter as sufficient. (Repealed and added by Stats. 1949, Ch. 1550.)
  15. 5415.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    This section says the chapter does not limit certain city, county, state agency, or private rights and powers.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5415. No provision in this chapter is a limitation on any of the following: (a) The authority of a city or county to adopt and enforce additional regulations not in conflict with this chapter imposing additional conditions, restrictions, or limitations relating to the disposal of sewage or other waste. (b) The authority of any city or county to declare, prohibit, and abate nuisances. (c) The authority of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer. (d) The right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution. (e) The authority of a city or county to adopt and enforce regulations relating to the use of recycled water in accordance with Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code. (Amended by Stats. 1995, Ch. 28, Sec. 5. Effective January 1, 1996.)
  16. 5416.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. )

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    Construction job sites must have at least one water closet for every 20 employees or fraction of 20, and the section defines what counts as a construction site.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Sewage and Other Waste [5410 - 5416] ( Heading of Article 2 amended by Stats. 1967, Ch. 1447. ) ## 5416. (a) There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site. (b) The water closet shall consist of a patented chemical type privy, or a pit privy; provided, however, that a pit privy shall consist of a pit at least four feet deep with a well-constructed shelter, the openings of which shall be flyproofed, and with respect to which adequate sanitary and safe flooring shall be provided. With the approval of the local health officer other types of toilet facilities or modifications of those specified may be allowed. (c) For the purpose of this section the term construction site shall mean the location on which actual construction of a building is in progress. (d) A violation of this section shall constitute a misdemeanor. (Amended by Stats. 1953, Ch. 433.)
  17. 5460.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    Health officials may order contamination abated, must report it to the regional board, may seek an injunction if the order is ignored, and must help people comply.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5460. The state department or local health officer may issue a peremptory order requiring the abatement of a contamination, and shall immediately furnish to the proper regional board a report of information and data relating thereto. Coincident with issuing such order, or if any order or regulation is not complied with, the director or local health officer may bring and prosecute an action for an injunction in the superior court of the county in which the contamination occurs. The state department or local health officer shall render to persons subject to such order all possible assistance in complying with the order, including all possible assistance in securing any necessary funds for such purpose. (Amended by Stats. 1970, Ch. 1464.)
  18. 5461.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    A person must not discharge sewage or other waste in a way that causes contamination.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5461. Any person who discharges sewage or other waste in any manner which results in contamination is guilty of a misdemeanor. (Amended by Stats. 1967, Ch. 1447.)
  19. 5462.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    When this article is used to abate contamination from sewage or other waste in a community or cooperative sewerage system, action may be taken only against the operating agent or agency and contributors whose waste itself causes contamination.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5462. Any action taken pursuant to this article with respect to the abatement of contamination created by the disposal of sewage or other waste from a community or cooperative sewerage system, shall be taken only against the agent or the agency operating such system and the contributor or contributors to the system whose waste in and of itself creates a contamination. (Amended by Stats. 1967, Ch. 1447.)
  20. 5463.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    After notice, the owner or reputed owner must connect the dwelling to the street sewer within 30 days, and officials may do the work and secure payment through liens or tax billing.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5463. Any health officer or governing board of any city, county, sanitary district, or other district having the power to operate and maintain a sewerage system, having served written notice upon the owner or reputed owner of land upon which there is a dwelling house, and the owner or reputed owner, after 30 days, having refused, neglected, or failed to connect the dwelling house, together with all toilets, sinks, and other plumbing therein, properly vented, and in a sanitary manner, with the adjoining street sewer, may construct the same at a reasonable cost, and the person doing that work at the request of the health officer or governing board has a lien upon that real estate for his or her work done and materials furnished, and the work done and materials furnished shall be held to have been done and furnished at the instance of the owner or reputed owner, or person claiming or having any interest therein. The governing board may pay all or any part of the cost or price of such connection to the person or persons who furnished labor, materials, or equipment for the same, and, to the extent the governing board pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien provided for above, of the person or persons against the real estate and against the owner or reputed owner thereof. As an alternative power to the enforcement of the lien provided for in this section, the governing body of the public agency performing the work of connection to the public sewer may, by order entered upon its minutes, declare that the amount of the costs of the work and the administrative expenses incurred by the governing body incident to the proceedings, together with other charges uniformly applicable within the jurisdiction of the governing body for the connection of the premises to the public sewer, shall be transmitted to the assessor and tax collector of the public agency, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. The liens provided for by this section shall be enforced in the same manner as those provided for by Part 6 (commencing with Section 8000) of Division 4, of the Civil Code. The governing board may also use the procedures in Section 5474 for levying the costs incurred for the construction of the improvements for the connection of the premises to the public sewer. (Amended by Stats. 2010, Ch. 697, Sec. 37. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  21. 5464.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    Property owners in an assessment district may ask the governing board to build sewer connection plumbing, and the board may pay connection costs and set repayment terms by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5464. An owner or reputed owner, who has his or her property included within an assessment district for the construction of a main trunkline or collector sewer lines, may request the governing board to construct all necessary plumbing to connect his or her property to the adjoining street public sewer system. The person employed by the governing board to do the work shall have a lien upon the property, for work done and materials furnished, and the work done and materials furnished shall be deemed to have been done and furnished at the request of the owner, reputed owner, or person claiming or having an interest in the property. The governing board may pay all, or any part, of the cost or price of the connection to the person or persons who furnished labor, materials, or equipment and, to the extent that the governing board pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien, of the person or persons against the property and the owner or reputed owner of the property. As an alternative power to the enforcement of the lien provided for in this section, the governing body of the public agency performing the work of connection to the public sewer may, by the power of ordinance approved by two-thirds vote of the members of the legislative body, fix the cost of improvement for connection to the sanitation or sewerage facilities, fix the times at which such costs shall become due, provide for the payment of the costs prior to the construction and connection or in installments over a period, not to exceed 30 years, provide a rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the costs, and provide that the amount of the costs and the interest shall constitute a lien against the respective lots or parcels upon which the facilities are constructed. The governing body may use the procedures specified in Section 5474 to implement the levying of the costs for the construction and connection of the premises to the public sewer. (Amended by Stats. 2011, Ch. 106, Sec. 1. (AB 741) Effective January 1, 2012.)
  22. 5465.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. )

    Verify source ↗

    A public agency that is an entity may use the section’s procedures; an entity may also use Section 5464 procedures for specified sewer-related projects and may exercise additional powers under Article 4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Procedure for Abatement [5460 - 5465] ( Article 3 repealed and added by Stats. 1949, Ch. 1550. ) ## 5465. (a) The procedures specified in this section may be used by a public agency that is an entity, as defined in Section 5470. (b) An entity may use the procedures specified in Section 5464 for either of the following purposes, whether or not an order or other action has been issued or taken for an abatement of contamination created by sewage disposal: (1) Converting properties from onsite septic systems and connecting them to a sewer system. The conversion improvements and costs may include, but are not limited to, pipes, pumps, and other equipment, septic system abandonment, and associated sewage treatment capacity. (2) Replacing or repairing existing sewer laterals connecting pipes to a sewer system. The cost of the lateral replacement or repair shall constitute the cost of an improvement for connection to a sewer system. (c) For purposes of this section, and in addition to any other power, an entity may exercise the powers specified in Article 4 (commencing with Section 5470). (d) The authority granted by this section shall be in addition to, shall not be in derogation of, and shall not affect, any authority granted by other law relating to recovering the cost incurred by an entity for connecting properties to the public sewer system, or the entity’s exercise of powers pursuant to any other law. This section shall be deemed to provide a complete and supplemental method for exercising the powers authorized by this section, and shall be deemed supplemental to the powers conferred by other applicable laws. (e) For purposes of this section, the following definitions shall apply: (1) “Assessment district” as used in statutes referenced in this section also means an improvement district or any other area served by the entity’s sewer collection system. (2) “Governing board” and “governing body” mean the governing body of the entity. (3) “Ordinance” as used in statutes referenced in this section also means a resolution. (Added by Stats. 2011, Ch. 106, Sec. 2. (AB 741) Effective January 1, 2012.)
  23. 5470.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    This section defines several terms used in the article, including “entity,” “rates or charges,” and “tax collector.”

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5470. The following words wherever used in this article shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words: (a) Assessment Roll. “Assessment roll” refers to the assessment roll upon which general taxes of the entity are collected. (b) Auditor. “Auditor” means the financial officer of the entity. (c) Clerk. “Clerk” means the clerk of the legislative body or secretary of the entity. (d) Chambers. “Chambers” refers to the place where the regular meetings of the legislative body of the entity are held. (e) Entity. “Entity” means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, county service areas, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. (f) Rates or Charges. “Rates or charges” shall mean fees, tolls, rates, rentals, or other charges for services and facilities furnished by an entity in connection with its sanitation or sewerage systems, including garbage and refuse collection. (g) Real Estate. “Real estate” includes: (1) The possession of, claim to, ownership of, or right to possession of land; and (2) Improvements on land. (h) Tax Collector. “Tax collector” means the officer who collects general taxes for the entity. The amendment of this section made by the 1972 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. (Amended by Stats. 2015, Ch. 269, Sec. 18. (SB 184) Effective January 1, 2016.)
  24. 5471.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    An entity may set and collect certain water, sanitation, storm drainage, sewerage, and related utility charges, but must follow required procedures and limit how the revenue is used.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5471. (a) In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system. (b) In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system. (c) The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers. (d) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2016, Ch. 366, Sec. 16. (SB 974) Effective January 1, 2017.)
  25. 5472.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    A person may pay sewer-related charges under protest and sue the city or city and county in superior court to recover money the legislative body refuses to refund.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5472. After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person may pay such fees, rates, tolls, rentals or other charges under protest and bring an action against the city or city and county in the superior court to recover any money which the legislative body refuses to refund. Payments made and actions brought under this section, shall be made and brought in the manner provided for payment of taxes under protest and actions for refund thereof in Article 2, Chapter 5, Part 9, of Division 1 of the Revenue and Taxation Code, insofar as those provisions are applicable. (Added by Stats. 1949, Ch. 865.)
  26. 5472.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Rates may be collected together with another utility service charge if the other department, agency, or utility owner gives written consent and an agreement sets the collection terms.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5472.5. The rates may be collected with the rates for any other utility service furnished by a department or agency of that entity over which the legislative body thereof does not exercise control, or with a publicly or privately owned public utility, with the written consent and agreement of that department or agency or public utility owner, which agreement shall establish the terms and conditions upon which the collections shall be made. The agreement, in the discretion of the department or agency or public utility owner making the collections, also may provide that those rates shall be itemized, billed upon the same bill, and collected as one item, together with, and not separately from, the other utility service charge. (Added by renumbering Section 5472 (as amended by Stats. 1953, Ch. 862) by Stats. 1981, Ch. 714.)
  27. 5473.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    An eligible entity may choose to collect these charges on the tax roll, and if it does, it must prepare and file a yearly written report with the clerk.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473. Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution. Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity. The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk. (Amended by Stats. 2016, Ch. 366, Sec. 17. (SB 974) Effective January 1, 2017.)
  28. 5473.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The clerk must publish notice of the report and hearing before the hearing, and must mail written notice to affected property owners before the first time the charges are collected on the tax roll.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.1. The clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to Section 6066 of the Government Code prior to the date set for hearing, in a newspaper of general circulation printed and published within the entity if there is one and if not then in such paper printed and published in the county within which the greater part of such district is located. Before any entity may have such charges collected on the tax roll for the first time following the effective date of this section, the clerk shall cause a notice in writing of the filing of said report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said clerk. If the legislative body adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate. (Amended by Stats. 1957, Ch. 357.)
  29. 5473.10.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The entity may set a basic penalty and an additional monthly penalty for unpaid charges, and may arrange to collect those penalties.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.10. The entity may provide for a basic penalty of not more than 10 percent for nonpayment of the charges within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding 1 and one-half percent per month for nonpayment of the charges and basic penalty. It may provide for collection of the penalties herein provided for. (Amended by Stats. 1985, Ch. 341, Sec. 1.)
  30. 5473.11.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    An entity must notify the assessee after 60 days of delinquent unpaid service charges that could become a lien, and it may secure the charges by filing a certificate with the county recorder.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.11. (a) An entity shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid charges for services which would become a lien on the property pursuant to subdivision (b) remain delinquent and unpaid for 60 days. (b) The amount of the unpaid charges may, in the discretion of the entity, be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of the unpaid charges and the name and address of the person liable for those unpaid charges. From the time of recordation of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by him or her. The lien shall have the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of this filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged. (Amended by Stats. 2012, Ch. 330, Sec. 18. (SB 1090) Effective January 1, 2013.)
  31. 5473.2.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The legislative body must hear and consider any objections or protests at the time stated in the notice, and it may continue the hearing from time to time.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.2. At the time stated in the notice, the legislative body shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time. If the legislative body finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land. (Amended by Stats. 1953, Ch. 862.)
  32. 5473.3.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    After the hearing, the legislative body may change a charge and must make a final determination on each charge in the report.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.3. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report which determination shall be final. (Amended by Stats. 1953, Ch. 862.)
  33. 5473.4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The clerk must file the Section 5473 report with the county auditor by August 10 each year, and the county auditor must enter the charge amounts on the assessment roll.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.4. On or before August 10 of each year following the final determination upon each charge, the clerk shall file with the county auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his or her signature that the report has been finally adopted by the legislative body of the entity and the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any of the parcels are outside the boundaries of the entity they shall be added to the assessment roll of the entity for the purpose of collecting the charges. If the property is not described on the roll, the county auditor may enter the description on the roll together with the amounts of the charges, as shown in the report. (Amended by Stats. 2015, Ch. 269, Sec. 19. (SB 184) Effective January 1, 2016.)
  34. 5473.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Except for Section 5473.8, the amount of the charges becomes a lien on the land parcel charged, effective at noon on the first Monday in March before the levy date.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.5. Except as provided in Section 5473.8, the amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy. (Amended by Stats. 1973, Ch. 861.)
  35. 5473.6.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The tax collector must include the amount of the charges on tax bills for the affected lots and parcels of land.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.6. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. (Added by renumbering Section 5473.5 by Stats. 1953, Ch. 862.)
  36. 5473.7.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Charges must be collected at the same time and in the same manner as the entity’s general taxes, and they become delinquent at the same time and subject to the same delinquency penalties.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.7. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the entity, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. (Added by renumbering Section 5473.6 by Stats. 1953, Ch. 862.)
  37. 5473.8.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    General tax collection and enforcement laws apply to these sewer charges, with a limited exception for certain recently transferred property.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.8. All laws applicable to the levy, collection, and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, and redemption, are applicable to the charges authorized pursuant to this article, except that if any real property to which these charges relate has been transferred or conveyed to a bona fide purchaser for value or a lien of a bona fide encumbrancer for value has been created and attaches thereon during the year prior to the date on which the first installment of the general taxes that include the charges appears on the assessment roll, then the lien which would otherwise be imposed by Section 5473.5 shall not attach to the real property and the charges relating to that property shall be transferred to the unsecured roll of collection. (Amended by Stats. 2012, Ch. 330, Sec. 17. (SB 1090) Effective January 1, 2013.)
  38. 5473.9.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The tax collector may, at their discretion, issue separate bills and receipts for these charges, and the county is entitled to compensation for related services subject to an agreed amount and a cap.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473.9. The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges for an entity other than the county in an amount to be fixed by agreement between the board of supervisors and the legislative body of the entity. The compensation shall not exceed five dollars ($5) for each account handled, or 1 percent of all money collected, whichever is greater. The compensation shall be paid into the county salary fund. (Amended by Stats. 1969, Ch. 318.)
  39. 5473a

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Any entity may make the Section 5473 election for delinquent charges, if it prepares and files the required written report and gives the notice and hearing required for those delinquencies.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5473a. Any entity may make the election specified in Section 5473 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies. (Added by Stats. 1953, Ch. 1259.)
  40. 5474.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    An entity may set sewer or sanitation connection fees by ordinance or resolution, and the legislative body must notify affected landowners before the fees become a lien.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474. An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following: (a) The schedule of fees or charges to be imposed by the entity. (b) A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor. (c) The time or times at which the fees or charges shall become due. (d) The number of installments in which the fees or charges shall be payable. (e) The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges. (f) That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished. (g) The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land. (Amended by Stats. 2016, Ch. 366, Sec. 18. (SB 974) Effective January 1, 2017.)
  41. 5474.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Before the hearing, the notice must be published and written notice must be mailed at least 10 days in advance to affected landowners on the last equalized assessment roll.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.1. The notice shall be published pursuant to Section 6063 of the Government Code prior to the date set for hearing. At least 10 days prior to the date of hearing written notice thereof shall be mailed to all persons owning land subject to such fees or charges, whose names and addresses appear on the last equalized assessment roll. (Amended by Stats. 1961, Ch. 754.)
  42. 5474.10.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Entities under Section 5474 may have authority to impose fees or charges, and that authority is additional to any other fee-setting authority they already have.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.10. The authority for the imposition of fees or charges by entities pursuant to Section 5474 shall be in addition to the authority granted to such entities by any other law authorizing such entities to establish fees, tolls, rates, rentals or other charges. (Amended by Stats. 1961, Ch. 754.)
  43. 5474.2.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The legislative body must hear and consider objections or protests to the fees or charges at the time stated in the notice, and it may continue the hearing from time to time.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.2. At the time stated in the notice the legislative body shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as set forth in said notice and may continue the hearing from time to time. (Added by Stats. 1953, Ch. 578.)
  44. 5474.3.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    After a hearing, the legislative body may change the fees or charges and may reject objections; its decision is final.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.3. Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections and make its determination, which determination shall be final. (Added by Stats. 1953, Ch. 578.)
  45. 5474.4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The legislative body must certify certain parcel and fee information to the county auditor by August 10 each year, and if a connected parcel is later split, it must identify which parcel stays connected and remains subject to the charges.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.4. On or before August 10 of each year following the final determination, the legislative body shall certify to the county auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to any fees or charges and the amounts of the installments of those fees or charges and interest to be entered against the lots or parcels on the assessment roll. In the event a lot or parcel connected to the facilities is subsequently divided into two or more lots or parcels as shown on the current assessment roll, the legislative body shall designate the lot or parcel that remains connected to the facilities and against which the installments of the fees or charges and interest are to be entered. (Amended by Stats. 2015, Ch. 269, Sec. 20. (SB 184) Effective January 1, 2016.)
  46. 5474.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The county auditor must enter certain fee, charge, and interest installments on the current assessment roll, and those amounts generally become a lien on the affected land unless Section 5474.6 applies.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.5. The county auditor shall enter on the current assessment roll the amounts of the installments of any fees or charges and interest and, except as provided in Section 5474.6, the amounts thereof shall constitute a lien against the lot or parcel of land against which levied as of noon on the first Monday in March immediately preceding the date of entry. (Amended by Stats. 2015, Ch. 269, Sec. 21. (SB 184) Effective January 1, 2016.)
  47. 5474.6.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The tax collector must add fee installments and interest to tax bills, and the entity may secure unpaid amounts by recording a certificate with the county recorder.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.6. (a) The tax collector shall include the amounts of the installments of fees or charges and the interest on bills for taxes levied against the respective lots and parcels of land. Thereafter, all laws applicable to the levy, collection and enforcement of taxes of the entity, including penalties and interest thereon and cancellation or refund thereof, shall be applicable to those installments of fees or charges and interest, except that, if any real property to which the fees or charges relate has been transferred or conveyed to a bona fide purchaser for value or a lien of a bona fide encumbrancer for value has been created and attaches thereon during the year prior to the date on which the first installment of the general taxes that include the fees or charges appears on the assessment roll, then the lien which would otherwise be imposed by Section 5474.5 shall not attach to the real property and the fees or charges and interest shall be transferred to the unsecured roll for collection. (b) The amount of the unpaid installments of fees or charges and interest may, in the discretion of the entity, be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of the fees or charges and interest and the name and address of the person liable therefor. From the time of recordation of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by him or her. The lien shall have the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of this filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged. (Amended by Stats. 2012, Ch. 330, Sec. 19. (SB 1090) Effective January 1, 2013.)
  48. 5474.7.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    The tax collector may choose to issue separate bills for installments of fees or charges and interest. The county may be compensated for related services, and that compensation cannot exceed 1% of the money collected for the entity.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.7. The tax collector may, in his discretion, issue separate bills for such installments of fees or charges and interest. The county shall be compensated for services, if any, rendered in connection with the levy, collection and enforcement of such installments of fees or charges and interest in an amount to be fixed by agreement between the board of supervisors and the legislative body of the entity. The compensation shall not exceed 1 percent of all money collected for the entity. (Amended by Stats. 1961, Ch. 754.)
  49. 5474.8.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    An entity may set fees or charges by ordinance or resolution under Section 5474 in different amounts or using different computation methods.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.8. Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to Section 5474. (Amended by Stats. 2016, Ch. 366, Sec. 19. (SB 974) Effective January 1, 2017.)
  50. 5474.9.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. )

    Verify source ↗

    Fee and charge revenues under Section 5474 must be used only for specified sanitation or sewerage purposes, and not for new local street sewers or laterals.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Sanitation and Sewerage Systems [5470 - 5474.10] ( Article 4 added by Stats. 1945, Ch. 979. ) ## 5474.9. Revenues derived from fees or charges imposed pursuant to Section 5474 shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities, to pay municipalities for sewer service collection charges, to repay principal and interest on bonds issued for construction or reconstruction of such sanitation or sewerage facilities and to repay federal or state loans or advances made to entities for the construction or reconstruction of sanitation or sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers. (Amended by Stats. 1961, Ch. 754.)
  51. 5475.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 7. Effect on Previous Laws [5475- 5475.] ( Chapter 7 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Repealing Chapter 673, Statutes of 1909 does not affect rights or obligations already accrued from a municipal sewer district formed or operated under that act, and any organized district may continue to exist under that act.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 7. Effect on Previous Laws [5475- 5475.] ( Chapter 7 enacted by Stats. 1939, Ch. 60. ) ## 5475. No right or obligation accrued by the formation or operation of a municipal sewer district pursuant to the provisions of Chapter 673, Statutes of 1909, is affected by the repeal of that act, and any district organized may continue in existence and subject to that act. (Enacted by Stats. 1939, Ch. 60.)
  52. 54900.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    This section defines “local agency,” “surplus land,” and “Unit” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54900. For purposes of this part: (a) “Local agency” means a city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. (b) “Surplus land” shall mean both of the following: (1) Land declared surplus by a local agency pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (2) Land declared surplus by a school district pursuant to Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code. (c) “Unit” means the California Surplus Land Unit established pursuant to Section 54901. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  53. 54901.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    The California Surplus Land Unit is created within the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54901. The California Surplus Land Unit is hereby created within the Department of Housing and Community Development. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  54. 54902.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    This part can be implemented only if the Legislature appropriates funds for establishing and funding the unit’s activities.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 1. General Provisions [54900 - 54902] ( Chapter 1 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54902. Implementation of this part shall be subject to an appropriation of funds by the Legislature for purposes of establishing and funding the activities of the unit. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  55. 54910.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    The unit’s job is to help develop housing on local surplus land, and it may do related assistance and coordination work.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54910. The primary purpose of the unit is to facilitate the development and construction of residential housing on local surplus land. In furtherance of this purpose, the unit may do any of the following: (a) Facilitate agreements between housing developers and local agencies that seek to dispose of surplus land. (b) Provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land. (c) Collaborate with the California Housing Finance Agency, the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, and any other relevant state agency to assist housing developers and local agencies with obtaining grants, loans, tax credits, credit enhancements, and other types of financing that facilitate the construction of housing on surplus land. (d) Provide technical assistance to developers and local agencies regarding available funding and financing instruments. (e) Collect and compile data on housing production on local surplus land. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  56. 54911.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    Local agencies and housing developers must still follow applicable disposal rules for government-owned property.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54911. This part shall not relieve a local agency or a housing developer from complying with any disposal requirements or conditions applicable to disposal of government owned property, including any of the following: (a) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (b) Sections 11011 to 11011.29, inclusive, of the Government Code. (c) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  57. 54912.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. )

    Verify source ↗

    The unit may adopt, amend, and repeal rules or regulations that are not inconsistent with this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 17. California Surplus Land Unit [54900 - 54913] ( Part 17 added by Stats. 2021, Ch. 366, Sec. 1. ) ## CHAPTER 2. Unit Duties and Powers [54910 - 54913] ( Chapter 2 added by Stats. 2021, Ch. 366, Sec. 1. ) ## 54912. The unit may adopt, and from time to time amend and repeal, rules or regulations, not inconsistent with this part, to carry into effect the powers and purposes of the unit and the conduct of its business. If the unit acts by rule or regulation, the rule or regulation shall be adopted, amended, repealed, and published in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2021, Ch. 366, Sec. 1. (SB 791) Effective January 1, 2022.)
  58. 55000.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The Legislature says many buildings are not safe against earthquakes and authorizes local loan programs to help pay for seismic rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55000. The Legislature finds and declares that there exist throughout the state many buildings which are structurally inadequate to safely withstand seismic forces of the magnitude predicted or determined for their locations by seismic safety elements of local general plans. This problem is particularly acute with respect to residential hotels and with respect to commercial buildings in which employees must work or to which the public is invited. The Legislature further finds and declares that rehabilitation of these buildings to meet current standards of earthquake safety is in the public interest, but that private enterprise will be unable in many cases to meet the high cost of making the necessary modifications without the availability of long-term, low-interest loans for the purpose. It is, therefore, the intent of the Legislature in enacting this division to authorize establishment of local loan programs to serve this need at the lowest possible cost and upon favorable terms so that owners of eligible buildings will be encouraged to make modifications required to assure structural integrity in the event of an earthquake. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  59. 55001.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the seismic safety building rehabilitation loans division.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55001. As used in this division: (a) “Bonds” means bonds, notes, or other evidence of indebtedness issued by a local agency pursuant to Part 2 (commencing with Section 55100) of this division, including bonds issued to refund previously issued bonds or other indebtedness. (b) “Eligible building” means a building existing on the effective date of this section which is identified as hazardous pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13, with the exception of the following: (1) Industrial buildings for assembling, fabricating, manufacturing and processing activities. (2) Structures subject to the provisions of Part 1.5 (commencing with Section 17910) of Division 13, other than a residential hotel or apartment building containing six or more units or a commercial building containing six or more residential units which is identified as hazardous pursuant to this section. (c) “Eligible costs” means all costs, including costs of design, preparation, and inspection incurred in making structural or other modifications to an eligible building, which are required in order to meet reconstruction standards established by a local ordinance pursuant to Sections 19162, 19163, and 19163.5, or to mitigate potentially hazardous buildings, as defined by subdivision (a) of Section 8875 of the Government Code including costs of payments required by Section 7265.3 of the Government Code, and including costs necessary to provide for the reasonable safety of the exterior and interior of the eligible building and of interior fixtures and appurtenances. Other eligible costs include nonseismic and nonstructural costs, including, but not limited to, plaster, wallboard, paint, and carpeting, and any other finishes deemed necessary by the local building official to restore an eligible building to its original conditions and suitable for occupancy. (d) “Financing” means a loan made by the local agency pursuant to this division to the owner of an eligible building for eligible costs and which is secured by a deed of trust or mortgage upon the real property improved thereby. (e) “Local agency” means a city, county, or city and county. (f) “Residential hotel” means any building containing six or more guestrooms intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by guests, which is also the primary residence of those guests, but does not mean any hotel which is primarily used by transient guests who do not occupy the hotel as their primary residence. (Amended by Stats. 1989, Ch. 756, Sec. 3.)
  60. 55002.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

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    A local agency may finance eligible building costs only if specified findings are made, the financing stays within an 80% loan-to-value limit unless lienholders consent in writing, and lienholders must get at least 30 days' notice before the vote.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55002. (a) Pursuant to this division, the local agency may provide financing to pay for eligible costs to an owner of an eligible building only if the legislative body of the local agency makes one of the following findings: (1) The owner to whom financing would be made available pursuant to this division is unable to qualify for or could not afford financing for eligible costs from private lending institutions. (2) Absent the availability of financing pursuant to this division, the eligible building would be demolished. (3) Absent the availability of financing pursuant to the division, the costs of modifying the eligible building to meet reconstruction standards, pursuant to Sections 19162, 19163, and 19163.5, or to mitigate potentially hazardous buildings, as defined by subdivision (a) of Section 8875 of the Government Code, would cause severe economic hardship to the businesses in the building. (b) Financing provided by a local agency pursuant to this division shall not, when combined with existing liens on the property, exceed 80 percent of the current appraised value of the property, as determined by an independent, certified appraiser, unless existing lienholders consent in writing to a higher loan-to-value ratio. Notice of the intention to provide financing to the owner of the property shall be given to existing lienholders of record not less than 30 days prior to any vote of the local agency authorizing the provision of financing to the owner of the property. (Amended by Stats. 1995, Ch. 385, Sec. 2. Effective January 1, 1996.)
  61. 55002.5.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency may finance certain existing real-property notes or deeds of trust for an eligible building, but the loan-to-value ratio cannot exceed 80%, and the agency must set repayment rules and a minimum equity requirement for the owner.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55002.5. Pursuant to this division, the local agency may provide financing to pay for or buy out any existing note or deed of trust which may be a lien against the real property on which an eligible building is situated, not to exceed an 80 percent loan to appraised value ratio. The local agency shall establish rules and regulations to ensure the repayment of the funds being borrowed and shall establish a minimum equity requirement that the owner of the eligible building must have in the property. (Added by Stats. 1990, Ch. 378, Sec. 1.)
  62. 55003.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The local agency may contract with certain banks or savings and loan associations to originate or service loans under this division.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55003. The local agency may contract with state or federally chartered banks or savings and loan associations for originating or servicing loans authorized by this division. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  63. 55004.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The local agency must adopt rules and regulations to run the financing program.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55004. The local agency shall adopt rules and regulations for the administration of the financing program, which shall include, but not be limited to, borrower eligibility criteria designed to assure the fiscal integrity of the financing program while permitting maximum application to existing buildings which have sufficient economic life to warrant the amount of financing required. The regulations shall specify procedures to be followed in the event of default. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  64. 55005.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The local agency has listed powers to carry out financing work under this division.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55005. For the purposes of this division, the local agency shall have the following powers in addition to any other powers granted by this division: (a) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this division with any governmental agency, private corporation, or other entity or individual. (b) To determine the terms and conditions of any mortgage instrument, deed of trust, or promissory note used or executed in conjunction with financing pursuant to this division. (c) To employ architects, engineers, attorneys, accountants, construction and financial experts, and other advisers, consultants, and agents as may be necessary in its judgment. (d) To provide advice, technical information, and consultative and technical service in connection with financing pursuant to this division. (e) To procure insurance against any loss in connection with its property and other assets, including mortgages and deeds of trust, in the amounts and from insurers as it deems desirable. (f) To establish, revise from time to time, and charge and collect fees and charges in connection with financing provided by the local agency. (g) To borrow money and issue bonds, as provided in this division. (h) To do any and all things necessary or convenient to the exercise of other powers under this division. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  65. 55006.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The interest rate on financing under this division must be enough to cover bond interest and related local agency administration costs, but no more than necessary.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55006. The interest rate on financing provided pursuant to this division shall be sufficient and shall be limited to the amount necessary to pay the interest on the bonds issued therefor and to defray costs of administration incurred by the local agency pursuant to this division. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  66. 55007.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency may run a financing program under this division together with a residential rehabilitation financing program, and may issue one bond form for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55007. The local agency may conduct a financing program under this division in tandem with a residential rehabilitation financing program under Part 13 (commencing with Section 37910) of Division 24 and may in such case, notwithstanding any other provision of law, issue one form of bond, to be jointly secured as provided in both this division and Part 13 (commencing with Section 37910) of Division 24. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  67. 55008.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    Local agencies are exempt from paying any tax or assessment on property they own under this division, or on income from that property.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55008. The exercise of the powers specified in this division shall be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions, and the local agency shall not be required to pay any tax or assessment on any property owned by the local agency under the provisions of this division or upon the income therefrom. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  68. 55009.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    Bonds issued by the local agency under this division, their transfer, and the income from them are exempt from state and local taxation, except inheritance and gift taxes.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 1. GENERAL PROVISIONS [55000 - 55009] ( Part 1 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55009. Any bonds issued by the local agency under the provisions of this division, their transfer, and the income therefrom shall at all times be free from all direct and indirect taxation of every kind by the state, including all taxes imposed pursuant to Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code and imposed by cities, counties, cities and counties, or other political subdivisions of this state, except inheritance and gift taxes. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  69. 55100.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    Local agencies may issue bonds, but they must submit a statement to the California Housing Finance Agency first, and they must reimburse the agency’s administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55100. The local agency may, from time to time, issue its bonds in the principal amount as the local agency shall determine to be necessary to provide sufficient funds for financing under this division and for the payment of interest on bonds of the local agency, establishment of reserves to secure the bonds, and other expenditures of the local agency incident to, and necessary or convenient to, issuance of the bonds. Prior to the issuance of any bonds pursuant to this division, the local agency shall submit to the California Housing Finance Agency, a statement of purpose for which the bonds are proposed to be issued and the amount of the proposed issuance. The California Housing Finance Agency shall review every statement submitted to it by a local agency pursuant to this section. The California Housing Finance Agency shall determine the general adequacy of the program’s security in protecting the state’s credit. If the California Housing Finance Agency finds the state’s credit would be subject to an undue risk, it may disapprove the proposed issuance or reduce the amount of the proposed issuance. If the California Housing Finance Agency has not acted within 30 days of the date that a statement was submitted pursuant to this section, the proposed issuance shall be deemed approved by the California Housing Finance Agency. The aggregate amount of all bonds approved by the California Housing Finance Agency pursuant to this section shall not exceed two hundred million dollars ($200,000,000). The California Housing Finance Agency shall reserve seventy-five million dollars ($75,000,000), which shall not be allocated for 24 months after the effective date of this division. No agency shall initially receive an allocation exceeding fifty million dollars ($50,000,000). If an initial request exceeds one hundred twenty-five million dollars ($125,000,000), the California Housing Finance Agency shall reduce all requests on the basis of the ratio of eligible buildings in the jurisdiction to the estimated number of eligible buildings in the state as determined by the Seismic Safety Commission until one hundred twenty-five million dollars ($125,000,000) is reached. Twenty-four months after the effective date of this division, the California Housing Finance Agency may allocate any remaining funds. Funds shall first be allocated to any local agency that has not received an allocation. If these requests exceed the available funds, the California Housing Finance Agency shall reduce all requests on the basis of the ratio of eligible buildings in the jurisdiction to the estimated number of eligible buildings in the state, as determined by the Seismic Safety Commission. If there are funds remaining after allowing for requests by local agencies that have not previously received an allocation, any local agency which had previously received an allocation may request further allocations. Any allocations made to local agencies that have previously received allocations shall be made only on the basis of the ratio of eligible buildings in the jurisdiction to the estimated number of eligible buildings in the state, as determined by the Seismic Safety Commission. Eligible buildings in the jurisdiction shall be determined on the basis of an inventory. After that authorization has been exhausted, all further proposals for issuance of bonds pursuant to this division shall be deemed disapproved by the California Housing Finance Agency. The local agency shall reimburse the California Housing Finance Agency for all administrative costs incurred by the California Housing Finance Agency pursuant to this section. (Amended by Stats. 1996, Ch. 833, Sec. 15. Effective January 1, 1997.)
  70. 55101.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The local agency’s legislative body authorizes the bonds by resolution, and no bond may mature more than 40 years after issuance.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55101. The bonds shall be authorized by resolution or resolutions of the legislative body of the local agency, shall bear such date or dates, and shall mature at the time or times as the resolution or resolutions may provide, except that no bond shall mature more than 40 years from the date of its issuance. The bonds may be issued as serial bonds or as term bonds, or as a combination thereof, and, notwithstanding any other provision of law, the amount of principal of, or interest on, bonds maturing at each date of maturity need not be equal. The bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment at the place or places within or without the state, and be subject to the terms of redemption as the resolution or resolutions may provide. The bonds may be sold at public or private sale in the manner and upon the terms as may be provided in the resolution or by separate resolution. Pending the preparation of definitive bonds, interim receipts or certificates in the form and with any provisions as may be provided in the resolution, may be issued to the purchaser or purchasers of bonds sold pursuant to this division. The bonds and interim receipts or certificates shall be deemed to be securities and negotiable instruments within the meaning of, and for all the purposes of, the California Uniform Commercial Code, subject to the provisions for registration thereof contained in the resolution. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  71. 55102.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency may issue bonds and related bond obligations, and may refund bonds by issuing new bonds.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55102. The local agency may, from time to time, issue (1) bonds to renew bonds and (2) other bond obligations to pay bonds including the interest thereon, and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  72. 55103.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A resolution authorizing bonds may include contract terms about pledged revenues or assets, reserves, bond issuance limits, trustee arrangements, defaults, and related security matters.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55103. Any resolution or resolutions authorizing any bonds or issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to: (a) Pledging all or any part of the revenues accruing to the local agency pursuant to this division to secure the payment of the bonds or any issue thereof, subject to any agreements with bondholders as may then exist. (b) Pledging all or any part of the assets of the local agency under this division, including mortgages and obligations securing the same, to secure the payment of the bonds or any issue thereof, subject to any agreements with bondholders as may then exist. (c) The use and disposition of the gross income from financing obligations owned by the local agency and payment of principal of financing obligations owned by the local agency. (d) The setting aside of reserves or sinking funds and the regulation and disposition thereof. (e) Limitations on the purposes to which the proceeds of a sale of bonds may be applied and pledging the proceeds to secure the payment of the bonds or of any issue thereof. (f) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (g) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given. (h) Limitations on the amount of money to be expended by the local agency for operating expenses of the local agency under this division. (i) Vesting in a trustee or trustees any property, rights, powers, and duties in trust as the local agency may determine, which may include any or all of the rights, powers, and duties of the trustee appointed on behalf of the bondholders pursuant to this part and limiting or abrogating the right of the bondholders to appoint a trustee or limiting the rights, powers, and duties of the trustee. (j) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the local agency to the holders of the bonds and providing for the rights and remedies of the holders of the bonds in the event of a default. However, the rights and remedies shall not be inconsistent with the general laws of the state and the other provisions of this division. (k) Any other matters, of like or different character, which in any way affect the security, protection, or investment return of the holders of the bonds. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  73. 55104.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A bond-authorizing resolution must state how related revenues will be used to secure the bonds and how much may be used for other purposes.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55104. Any resolution or resolutions authorizing any bonds or issue thereof shall specify the extent to which revenues resulting from financing provided with proceeds of the bonds so authorized are to be used to secure the bonds and the extent to which the revenues may be used for other purposes. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  74. 55105.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency’s pledge is valid and binding when made, and pledged revenues, money, or property become subject to the pledge’s lien immediately.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55105. Any pledge made by the local agency shall be valid and binding from the time when the pledge is made. The revenues, moneys, or property so pledged and thereafter received by the local agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the local agency, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  75. 55106.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The local agency may select bond underwriters and consultants.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55106. Bond underwriters and consultants may be selected by the local agency. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  76. 55107.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    People involved in issuing the bonds are exempt from personal liability or accountability for that issuance.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55107. Neither the members of the legislative body of the local agency, nor any official or employee thereof, nor any other person executing the bonds shall be subject to any personal liability or accountability by reason of the issuance thereof. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  77. 55108.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A bond resolution may name a trustee and can set the trustee’s duties and account controls.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55108. Any resolution authorizing any bonds or issue thereof may designate a trustee for the local agency and holders of its bonds, and shall in such case prescribe the duties of the trustee with respect to the issuance, authentication, sale, and delivery of the bonds, the payment of principal and interest thereof, and the redemption of bonds. The legislative body of the local agency may provide by a resolution for the deposit of all revenues pledged for the security of the bonds in one or more separate accounts under the control of the trustee. The money in the accounts shall be disbursed only as provided in the resolution. The resolution may authorize the trustee to act on behalf of the holders of bonds, or any stated percentage thereof, for the purpose of exercising and prosecuting on behalf of the holders of the bonds any rights and remedies as may be available to the holders. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  78. 55109.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The trustee acting for bondholders has the powers needed to carry out functions in this part and to represent bondholders in enforcing and protecting their rights.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55109. The trustee acting on behalf of bondholders shall have and possess all the powers necessary or convenient for the exercise of any functions specifically set forth in this part or incident to the general representation of bondholders in the enforcement and protection of their rights. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  79. 55110.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    The bonds and related security instruments are treated as negotiable instruments under the California Uniform Commercial Code, subject to the bonds’ registration provisions in the resolution.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55110. Whether or not the bonds are of the form and character as to be negotiable instruments under, or subject to, the terms of the California Uniform Commercial Code, the bonds and any security instruments underlying the bonds are hereby made negotiable instruments within the meaning of, and for all the purposes of, the California Uniform Commercial Code, subject to the provisions for registration of the bonds contained in the resolution. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  80. 55111.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    If a signer on the bonds leaves office before delivery, the signature still counts as valid and sufficient.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55111. In the event any person whose signature appears on the bonds ceases to hold office prior to delivery of the bonds, the signature shall nevertheless be valid and sufficient for all purposes, the same as if the person had remained in office until the delivery. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  81. 55112.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency may create one or more bond reserve accounts to secure bond-related payments.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55112. The local agency may create one or more bond reserve accounts to secure payments of the principal of, and interest and sinking fund payments on, any bonds or any issuance thereof, as specified in the resolution authorizing the bonds. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  82. 55113.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

    Verify source ↗

    A local agency may authorize refunding bonds to refinance outstanding bonds issued under this part, including redemption premiums and accrued interest.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55113. The local agency may provide for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this part, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of the bonds. The issuance of refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the local agency in respect of the same shall be governed by the provisions of this part which relate to the issuance of bonds, insofar as the provisions may be appropriate therefor. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  83. 55114.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

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    Refunding bond proceeds may be used to pay, redeem, or buy back the bonds being refunded, and may be invested while waiting to be used.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55114. Refunding bonds may be sold or exchanged for outstanding bonds issued under this part and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of the outstanding bonds. Pending the application of the proceeds of any refunding bonds, with any other available moneys, (1) to the payment of the principal, accrued interest, and any redemption premium on the bonds being refunded, (2) to the payment of any interest on the refunding bonds, or (3) to any expenses incurred in connection with refunding, the proceeds may be invested in any obligations permitted under the bond resolution authorizing the issuance of refunding bonds. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  84. 55115.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

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    The state must not restrict or impair bond holders’ rights and remedies until the bonds and related amounts are fully paid and discharged. The local agency may include this pledge in bond agreements.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55115. The state does hereby pledge to and agree with the holders of any bonds issued under this part that the state will not limit or alter the rights hereby vested in the local agency to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and remedies of the holders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The local agency is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  85. 55116.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

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    Bonds issued under this division are limited obligations of the issuing local agency and may be paid only from specified revenues and receipts. Bondholders cannot force a local agency to use taxing power to pay them, and each bond must clearly say so.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55116. All bonds issued pursuant to this division shall be limited obligations of the local agency issuing the same, payable solely out of the revenues and receipts derived from or with respect to financing under this division or from or with respect to any notes or other obligations of lending institutions with respect to which the bonds are issued. No holder of any bonds issued under this division has the right to compel any exercise of the taxing power of a local agency to pay the bonds, the interest or redemption premium, if any, thereon, and the bonds shall not constitute an indebtedness of the issuing local agency or a loan of credit thereof within the meaning of any constitutional or statutory provision, nor shall the bonds be construed to create any moral obligation on the part of the issuing local agency or any agency or subdivision thereof with respect to the payment of the bonds. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this divison and that it does not constitute an indebtedness of the local agency issuing the bond or a loan of credit thereof within the meaning of any constitutional or statutory provisions. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  86. 55117.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. )

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    These bonds are allowed as legal investments for specified public, financial, and fiduciary holders, and they may also be used as security for public deposits.

    ## Health and Safety Code - HSC ## DIVISION 32. SEISMIC SAFETY BUILDING REHABILITATION LOANS [55000 - 55117] ( Division 32 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## PART 2. BONDS [55100 - 55117] ( Part 2 added by Stats. 1982, Ch. 1602, Sec. 1. ) ## 55117. The bonds shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds may be used by any such private financial institution, person, or association as security for public deposits. The bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds. (Added by Stats. 1982, Ch. 1602, Sec. 1.)
  87. 57000.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    This section defines “Agency,” “Council,” and “Secretary” for this division.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57000. For purposes of this division, the following terms have the following meaning: (a) “Agency” means the California Environmental Protection Agency. (b) “Council” means the California Environmental Policy Council established by Section 71017 of the Public Resources Code. (c) “Secretary” means the Secretary for Environmental Protection. (Amended by Stats. 1998, Ch. 881, Sec. 12. Effective January 1, 1999.)
  88. 57001.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    Agency offices, boards, and departments must create and review a fee accountability program for certain listed fees, and some fee increases require notice or written findings.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57001. (a) Each office, board, and department within the agency shall, on or before December 31, 1995, implement a fee accountability program for the fees specified in subdivision (c). That fee accountability program shall be designed to encourage more efficient and cost-effective operation of the programs for which the fees are assessed, and shall be designed to ensure that the amount of each fee is not more than is reasonably necessary to fund the efficient operation of the activities or programs for which the fee is assessed. (b) Before implementing the fee accountability program required by this section, each board, department, and office within the agency shall conduct a review of the fees identified in subdivision (c) that it assesses. The purpose of this review shall be to determine what changes, if any, should be made to all of the following, in order to implement a fee system that accomplishes the purposes set forth in subdivision (a): (1) The amount of the fee. (2) The manner in which the fee is assessed. (3) The management and workload standards of the program or activity for which the fee is assessed. (c) This section applies to the following fees: (1) The fee assessed pursuant to subdivision (d) of Section 13146 of the Food and Agricultural Code to develop data concerning the environmental fate of a pesticide when the registrant fails to provide the required information. (2) The surface impoundment fees assessed pursuant to Section 25208.3. (3) The fee assessed pursuant to Section 43203 to recover the costs of the State Air Resources Board in verifying manufacturer compliance on emissions from new vehicles prior to retail sale. (4) The fee assessed pursuant to Section 44380 to recover the costs of the State Air Resources Board and the Office of Environmental Health Hazard Assessment in implementing and administering the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Part 6 (commencing with Section 44300) of Division 26). (5) The fee assessed pursuant to Section 43212 of the Public Resources Code to recover the costs of the Department of Resources Recycling and Recovery when it assumes the responsibilities of the local enforcement agency. (6) The fee assessed pursuant to Section 43508 of the Public Resources Code to recover the costs of the Department of Resources Recycling and Recovery in reviewing closure plans. (7) The water right fees assessed pursuant to Chapter 8 (commencing with Section 1525) of Part 2 of Division 2 of the Water Code. (8) The fees assessed pursuant to Sections 13260 and 13269 of the Water Code for waste discharges. (9) The costs assessed pursuant to Section 13304 of the Water Code to recover the costs of the State Water Resources Control Board or the California regional water quality control boards in implementing and enforcing cleanup and abatement orders. (d) If a board, department, or office within the agency determines that the amount of a fee that is fixed in statute should be increased in order to implement a fee accountability system that accomplishes the purposes of subdivision (a), it shall notify the Legislature, and make recommendations concerning appropriate increases in the statutorily fixed fee amount. For fees whose amount is not fixed in statute, the board, department, or office may increase the fee only if it makes written findings in the record that it has implemented a fee accountability program that complies with this section. (Amended by Stats. 2025, Ch. 401, Sec. 5. (AB 1520) Effective January 1, 2026.)
  89. 57002.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The agency must conduct a study by surveying specified state, regional, and local agencies about revenue from fines and penalties and how that revenue is used.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57002. The agency shall conduct a study by surveying state, regional, and local agencies charged with implementing air quality, water quality, toxics, solid waste, and hazardous waste laws and regulations to determine how much revenue is derived from fines and penalties and to what purposes that revenue is directed. The study should include a review of the extent to which those funds are used to support state, regional, and local agency operations. (Added by Stats. 1993, Ch. 418, Sec. 5. Effective January 1, 1994.)
  90. 57003.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    Before adopting or preparing certain chemical risk assessment materials, the agency must hold a public workshop, then revise the material and open it for at least 30 days of public comment.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57003. (a) Before a board, department or office within the agency adopts chemical risk assessment guidelines or policies for evaluating the toxicity of chemicals or prepares a health evaluation of a chemical that will be used in the regulatory process of another board, department, or office, the board, department, or office shall first convene a public workshop at which the guidelines, policies, or health evaluation may be discussed. The public workshop shall be designed to encourage a constructive dialogue between the scientists employed by the board, department, or office that prepared the proposed guidelines or policies or health evaluation and scientists not employed by that board, department, or office and to evaluate the degree to which the proposed guidelines or policies or health evaluation are based on sound scientific methods, knowledge, and practice. Following the workshop, the agency shall revise the guidelines, policies, or health evaluation, as appropriate, and circulate it for public comment for a period of at least 30 days. (b) In any case where the guidelines, policies, or health evaluations described in subdivision (a) are proposed, or are being prepared, pursuant to a statutory requirement that specifies a procedure or a time period for carrying out the requirement, the requirements of subdivision (a) do not authorize a delay or a postponement in carrying out the statutory requirement. (Added by Stats. 1993, Ch. 418, Sec. 5. Effective January 1, 1994.)
  91. 57004.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    This section requires agency rulemakers to get external scientific peer review before adopting certain rules, and it bars conflicted reviewers from serving.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57004. (a) For purposes of this section, the following terms have the following meanings: (1) “Rule” means either of the following: (A) A regulation, as defined in Section 11342.600 of the Government Code. (B) A policy that is adopted by the State Water Resources Control Board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) that has the effect of a regulation and that is adopted in order to implement or make effective a statute. (2) “Scientific basis” and “scientific portions” mean those foundations of a rule that are premised upon, or derived from, empirical data or other scientific findings, conclusions, or assumptions establishing a regulatory level, standard, or other requirement for the protection of public health or the environment. (b) The agency, or a board, department, or office within the agency, shall enter into an agreement with the National Academy of Sciences, the University of California, the California State University, or any similar scientific institution of higher learning, any combination of those entities, or with a scientist or group of scientists of comparable stature and qualifications that is recommended by the President of the University of California, to conduct an external scientific peer review of the scientific basis for any rule proposed for adoption by any board, department, or office within the agency. The scientific basis or scientific portion of a rule adopted pursuant to Chapter 6.6 (commencing with Section 25249.5) of Division 20 or Chapter 3.5 (commencing with Section 39650) of Part 2 of Division 26 shall be deemed to have complied with this section if it complies with the peer review processes established pursuant to these statutes. (c) No person may serve as an external scientific peer reviewer for the scientific portion of a rule if that person participated in the development of the scientific basis or scientific portion of the rule. (d) No board, department, or office within the agency shall take any action to adopt the final version of a rule unless all of the following conditions are met: (1) The board, department, or office submits the scientific portions of the proposed rule, along with a statement of the scientific findings, conclusions, and assumptions on which the scientific portions of the proposed rule are based and the supporting scientific data, studies, and other appropriate materials, to the external scientific peer review entity for its evaluation. (2) The external scientific peer review entity, within the timeframe agreed upon by the board, department, or office and the external scientific peer review entity, prepares a written report that contains an evaluation of the scientific basis of the proposed rule. If the external scientific peer review entity finds that the board, department, or office has failed to demonstrate that the scientific portion of the proposed rule is based upon sound scientific knowledge, methods, and practices, the report shall state that finding, and the reasons explaining the finding, within the agreed-upon timeframe. The board, department, or office may accept the finding of the external scientific peer review entity, in whole, or in part, and may revise the scientific portions of the proposed rule accordingly. If the board, department, or office disagrees with any aspect of the finding of the external scientific peer review entity, it shall explain, and include as part of the rulemaking record, its basis for arriving at such a determination in the adoption of the final rule, including the reasons why it has determined that the scientific portions of the proposed rule are based on sound scientific knowledge, methods, and practices. (e) The requirements of this section do not apply to any emergency regulation adopted pursuant to subdivision (b) of Section 11346.1 of the Government Code. (f) Nothing in this section shall be interpreted to, in any way, limit the authority of a board, department, or office within the agency to adopt a rule pursuant to the requirements of the statute that authorizes or requires the adoption of the rule. (g) For any rule proposed by the State Water Resources Control Board or a California regional water quality control board, the state board shall post a copy of the external scientific peer review conducted pursuant to subdivision (b) on its Internet Web site. (Amended by Stats. 2014, Ch. 722, Sec. 1. (AB 1707) Effective January 1, 2015.)
  92. 57005.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    Before adopting a major regulation, agency boards, departments, and offices must evaluate alternatives and consider less costly options that are equally effective. The secretary must also adopt procedural guidelines by December 31, 1994.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57005. (a) Commencing January 1, 1994, each board, department, and office within the agency, before adopting any major regulation, shall evaluate the alternatives to the requirements of the proposed regulation that are submitted to the board, department, or office pursuant to paragraph (7) of subdivision (a) of Section 11346.5 of the Government Code and consider whether there is a less costly alternative or combination of alternatives which would be equally as effective in achieving increments of environmental protection in a manner that ensures full compliance with statutory mandates within the same amount of time as the proposed regulatory requirements. (b) For purposes of this section, “major regulation” means any regulation that will have an economic impact on the state’s business enterprises in an amount exceeding ten million dollars ($10,000,000), as estimated by the board, department, or office within the agency proposing to adopt the regulation in the assessment required by subdivision (a) of Section 11346.3 of the Government Code. (c) On or before December 31, 1994, after consulting with the Secretary of Trade and Commerce, the director or executive officer of each board, department, and office within the agency, and after receiving public comment, the secretary shall adopt guidelines to be followed by the boards, departments, and offices within the agency concerning the methods and procedures to be used in conducting the evaluation required by this section. (Amended by Stats. 1995, Ch. 938, Sec. 72.4. Effective January 1, 1996.)
  93. 57007.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The agency must create and run quality government programs, and the secretary must create an advisory group, develop a model quality management program, and help with reporting.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57007. (a) The agency, and the offices, boards, and departments within the agency, shall institute quality government programs to achieve increased levels of environmental protection and the public’s satisfaction through improving the quality, efficiency, and cost-effectiveness of the state programs that implement and enforce state and federal environmental protection statutes. These programs shall be designed to increase the level of environmental protection while expediting decisionmaking and producing cost savings. The secretary shall create an advisory group comprised of state and local government, business, environmental, and consumer representatives experienced in quality management to provide guidance in that effort. The secretary shall develop a model quality management program that local agencies charged with implementing air quality, water quality, toxics, solid waste, and hazardous waste laws and regulations may use at their discretion. (b) The agency, and each board, department, and office within the agency, shall submit a biennial report to the Governor and Legislature, no later than December 1 with respect to the previous two fiscal years, reporting on the extent to which these state agencies have attained their performance objectives, and on their continuous quality improvement efforts. (c) Nothing in this section abrogates any collective bargaining agreement or interferes with any established employee rights. (d) For purposes of this section, “quality government program” means all of the following: (1) A process for obtaining the views of employees, the regulated community, the public, environmental organizations, and governmental officials with regard to the performance, vision, and needs of the agency implementing the quality government program. (2) A process for developing measurable performance objectiveness using the views of the persons and organizations specified in paragraph (1). (3) Processes for continually improving quality and for training agency personnel, using the information obtained from implementing paragraphs (1) and (2). (Amended by Stats. 2004, Ch. 644, Sec. 24. Effective January 1, 2005.)
  94. 57008.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The agency must review, publish, and periodically revise screening numbers for listed contaminants, and hold public workshops before and after publication. The numbers are advisory only and do not replace cleanup levels.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57008. (a) For purposes of this section, the following definitions apply: (1) “Agency” means the California Environmental Protection Agency. (2) “Contaminant” means all of the following: (A) A substance listed in Tables II and III of subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations. (B) The five halogenated hydrocarbon industrial solvents that, in the experience of the State Water Resources Control Board and the Department of Toxic Substances Control are most commonly found as contaminants at sites subject to remediation under the Carpenter-Presley-Tanner Hazardous Substances Account Act (Part 2 (commencing with Section 78000) of Division 45) and the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). (C) Ten hazardous substances not included under subparagraphs (A) and (B) that, in the experience of the Department of Toxic Substances Control and the State Water Resources Control Board, are most commonly found as contaminants at sites subject to remediation under the Carpenter-Presley-Tanner Hazardous Substances Account Act (Part 2 (commencing with Section 78000) of Division 45) and the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). (3) “Screening number” means the concentration of a contaminant published by the agency as an advisory number pursuant to the process established in subdivisions (b) and (c). A screening number is solely an advisory number, and has no regulatory effect, and is published solely as a reference value that may be used by citizen groups, community organizations, property owners, developers, and local government officials to estimate the degree of effort that may be necessary to remediate a contaminated property. A screening number may not be construed as, and may not serve as, a level that can be used to require an agency to determine that no further action is required or a substitute for the cleanup level that is required to be achieved for a contaminant on a contaminated property. The public agency with jurisdiction over the remediation of a contaminated site shall establish the cleanup level for a contaminant pursuant to the requirements and the procedures of the applicable laws and regulations that govern the remediation of that contaminated property and the cleanup level may be higher or lower than a published screening number. (b) (1) During the same period when the agency is carrying out the pilot study required by Section 57009 and preparing the informational document required by Section 57010, the agency shall initiate a scientific peer review of the screening levels published in Appendix 1 of Volume 2 of the technical report published by the San Francisco Regional Water Quality Control Board entitled “Application of Risk-Based Screening Levels and Decision-Making to Sites with Impacted Soil and Groundwater (Interim Final-August 2000).” The agency shall conduct the scientific peer review process in accordance with Section 57004, and shall limit the review to those substances specified in paragraph (2) of subdivision (a). The agency shall complete the peer review process on or before December 31, 2004. (2) The agency, in cooperation with the Department of Toxic Substances Control, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, shall publish a list of screening numbers for contaminants listed in paragraph (2) of subdivision (a) for the protection of human health and safety, and shall report on the feasibility of establishing screening numbers to protect water quality and ecological resources. The agency shall determine the screening numbers using the evaluation set forth in Article 13 (commencing with Section 79260) of Chapter 5 of Part 2 of Division 45 and the results of the peer review, and shall use the most stringent hazard criterion established pursuant to Subpart E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), as amended. The agency shall set forth separate screening levels for unrestricted land uses and a restricted, nonresidential use of land. In determining each screening number, the agency shall consider all of the following: (A) The toxicology of the contaminant, its adverse effects on human health and safety, biota, and its potential for causing environmental damage to natural resources, including, but not limited to, beneficial uses of the water of the state, including sources of drinking water. (B) Risk assessments that have been prepared for the contaminant by federal or state agencies pursuant to environmental or public health laws, evaluations of the contaminant that have been prepared by epidemiological studies and occupational health programs, and risk assessments or other evaluations of the contaminant that have been prepared by governmental agencies or responsible parties as part of a project to remediate a contaminated property. (C) Cleanup levels that have been established for the contaminant at sites that have been, or are being, investigated or remediated under Part 2 (commencing with Section 78000) of Division 45, or cleaned up or abated under Division 7 (commencing with Section 13000) of the Water Code or under any other remediation program administered by a federal or local agency. (D) Screening numbers that have been published by other agencies in the state, in other states, and by federal agencies. (E) The results of external scientific peer review of the screening numbers made pursuant to Section 57004. (c) (1) Before publishing the screening numbers pursuant to subdivision (b), the agency shall conduct two public workshops, one in the northern part of the state and the other in the southern part of the state, to brief interested parties on the scientific and policy bases for the development of the proposed screening numbers and to receive public comments. (2) Following publication of the screening numbers pursuant to subdivision (b), the agency shall conduct three public workshops in various regions of the state to discuss the screening numbers and to receive public comments. The agency shall select an agency representative who shall serve as the chairperson for the workshops, and the agency shall ensure that ample opportunity is available for public involvement in the workshops. The deputy secretary for external affairs shall actively seek out participation in the workshops by citizen groups, environmental organizations, community-based organizations that restore and redevelop contaminated properties for park, school, residential, commercial, open-space or other community purposes, property owners, developers, and local government officials. (d) Following the workshops required by subdivision (c), the agency shall revise the screening numbers as appropriate. The agency shall, from time to time, revise the screening numbers as necessary as experience is gained with their use and shall add screening numbers for contaminants to the list as information concerning remediation problems becomes available. (e) The agency shall publish a guidance document for distribution to citizen groups, community-based organizations, property owners, developers, and local government officials that explains how screening numbers may be used to make judgments about the degree of effort that may be necessary to remediate contaminated properties, to facilitate the restoration and revitalization of contaminated property, to protect the waters of the state, and to make more efficient and effective decisions in local-level remediation programs. (f) Nothing in this section affects the authority of the Department of Toxic Substances Control, the State Water Resources Control Board, or a regional water quality control board to take action under any applicable law or regulation regarding a release or threatened release of hazardous materials. (Amended by Stats. 2022, Ch. 258, Sec. 106. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  95. 57010.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The California Environmental Protection Agency must publish, provide for free on request, post online, and keep updated an informational document about certain environmental site investigation and remediation decisions.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57010. (a) On or before January 1, 2003, the California Environmental Protection Agency shall publish an informational document to assist citizen groups, community-based organizations, interested laypersons, property owners, local government officials, developers, environmental organizations, and environmental consultants to understand the factors that are taken into account, and the procedures that are followed, in making site investigation and remediation decisions under the Carpenter-Presley-Tanner Hazardous Substances Account Act (Part 2 (commencing with Section 78000) of Division 45) and under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). (b) The agency shall make the informational document required by this section available to any person who requests it at no charge and shall also post the public information manual on the agency’s internet website. The agency shall update both the printed informational document and the internet website at appropriate intervals as new legislation or revised policies affect the administration of the Carpenter-Presley-Tanner Hazardous Substances Account Act (Part 2 (commencing with Section 78000) of Division 45) and the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). (Amended by Stats. 2022, Ch. 258, Sec. 107. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  96. 57012.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    Covered agencies must keep and publish a list of land-use restrictions and update it when changes occur; the California Environmental Protection Agency must oversee implementation.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57012. (a) Each agency listed in subdivision (d) shall maintain a list of all instruments and agreements restricting land uses imposed by that agency under Section 1471 of the Civil Code or any provision of law that is administered by that agency, in accordance with all of the following requirements: (1) The list shall provide a description of location for each property that, at a minimum, provides the street address and the assessor’s parcel number. If a street address or assessor’s parcel number is not available, or if a street address or assessor’s parcel number does not adequately describe the property affected by the instrument or agreement restricting land use, the list shall include a description of location or the location’s geographic coordinates. (2) The list shall provide a description of any restricted uses of the property, contaminants known to be present, and any remediation of the property, if known, that would be required to allow for its unrestricted use. The recorded instrument or agreement restricting land uses may be provided in lieu of the description required by this paragraph. (3) Each agency shall update its list as new instruments and agreements restricting land uses are recorded and as instruments and agreements restricting land uses on properties are changed. (b) Each agency listed in subdivision (d) shall display the list required under subdivision (a) on that agency’s Web site, and shall make the list available to the public upon request. (c) The California Environmental Protection Agency shall oversee the implementation of this section. In overseeing the implementation of this section, the California Environmental Protection Agency shall do all of the following: (1) Maintain on its Web site hyperlinks to the individual lists posted pursuant to this section. (2) Provide a search function that is able to search and retrieve information from each of the individual lists posted pursuant to this section. (3) Create and post a list of all instruments and agreements restricting land uses that have been sent pursuant to subdivision (e) of Section 1471 of the Civil Code. The list created and posted pursuant to this paragraph shall meet all of the following requirements: (A) The list shall identify the entity or jurisdiction that imposed the instrument or agreement restricting land uses. (B) The list shall include the information required by paragraphs (1) and (2) of subdivision (a). (C) The list shall be maintained for informational purposes only. (D) The list shall contain a notation that information regarding the listed properties has been provided voluntarily, that the list is not all-inclusive, and that there may be additional sites where instruments or agreements restricting land uses have been imposed by other entities that have not been included on the list. (d) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency: (1) The California Integrated Waste Management Board. (2) The State Water Resources Control Board, and each California regional water quality control board. (3) The Department of Toxic Substances Control. (Added by Stats. 2002, Ch. 592, Sec. 2. Effective January 1, 2003.)
  97. 57013.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The Department of Toxic Substances Control may require certain compliance documents or data to be submitted electronically and may require location coordinates for sampled materials.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57013. (a) The Department of Toxic Substances Control may require a person submitting a report, workplan, schedule, notice, request, application, or other document or data for purposes of compliance with this code, the Education Code, or other related regulations to submit the document or data in an electronic format, if the document is submitted to either of the following: (1) The Department of Toxic Substances Control. (2) A unified program agency implementing the unified program specified in Chapter 6.11 (commencing with Section 25404) of Division 20. (b) The Department of Toxic Substances Control may require that a document or data submitted in electronic format include the latitude and longitude, which shall be accurate to within one meter, of the location where a sample analyzed in the document or data was collected. (c) The Department of Toxic Substances Control shall adopt standards, that include electronic formats, for the submission of reports, workplans, schedules, notices, requests, applications, or other documents or data. The adopted standards also shall include formats for analytical and environmental compliance data that may be submitted along with those documents. When adopting these standards, the Department of Toxic Substances Control shall only consider electronic formats that meet all of the following criteria: (1) Are available at no cost. (2) Are available in the public domain. (3) Have available public domain means to import, manipulate, and store data. (4) Allow importation of data into tables that indicate relational distances. (5) Allow verification of data submission consistency. (6) Allow inclusion of all of the following information: (A) The physical site address from which the sample was taken, and information required for permitting and reporting an unauthorized release. (B) Environmental assessment data taken during the initial site investigation phase, as well as the continuing monitoring and evaluation phases. (C) The latitude and longitude, which shall be accurate to within one meter, of the location where a sample was collected. (D) A description of all tests performed on the sample, the results of the testing, quality assurance and quality control information, available narrative information regarding the collection of the sample, and available information concerning the laboratory’s analysis of the sample. (7) Fulfill any additional criteria that the Department of Toxic Substances Control determines are appropriate for an effective electronic report submission program. (d) In adopting standards pursuant to this section, the Department of Toxic Substances Control shall ensure the security of electronically submitted information. (e) (1) The regulations adopted by the Department of Toxic Substances Control pursuant to this section, including regulations adopted pursuant to this section as amended during the 2017–18 Regular Session, may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. (2) Notwithstanding the time limitation in subdivision (e) of Section 11346.1 of the Government Code, an emergency regulation adopted or amended pursuant to this section shall not be repealed until one year after the effective date of the regulation, unless the Department of Toxic Substances Control readopts the regulation, in whole or in part, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2017, Ch. 301, Sec. 2. (AB 1439) Effective January 1, 2018.)
  98. 57015.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    The assistant director for environmental justice must support disadvantaged communities, share information and assistance, and provide community health or epidemiological information with plain explanations as soon as possible.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57015. There is in the department the assistant director for environmental justice. The assistant director shall perform all of the following duties, subject to the supervision of the director: (a) Serve as ombudsperson and outreach coordinator for disadvantaged communities, as described in Section 39711, where hazardous materials and hazardous waste disposal facilities are located. (b) Provide information and assistance to communities on permitting, enforcement, and other department activities in the major languages spoken in those communities to ensure the maximum feasible community participation in regulatory decisions made by the department. (c) Where community health or epidemiological information has been collected by the department or other parties, make that information available to communities, consistent with other requirements of law, as soon as possible with plain explanations as to their impacts. (Added by Stats. 2015, Ch. 24, Sec. 16. (SB 83) Effective June 24, 2015.)
  99. 57018.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    This section defines several terms used for Sections 57019 and 57020, including “analytical test method,” “bioconcentration factor,” “chemical,” “manufacturer,” “matrix,” “octanol-water partition coefficient,” and “state agency.”

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57018. (a) For purposes of Sections 57019 and 57020, the following definitions shall apply: (1) “Analytical test method” means a procedure used to sample, prepare, and analyze a specific matrix to determine the identity and concentration of a specified chemical and its metabolites and degradation product. An analytical test method shall conform to the standards adopted by the National Environmental Laboratory Accreditation Conference. (2) “Bioconcentration factor” means the concentration of a chemical in an organism divided by its concentration in a test solution or environment. (3) “Chemical” has the same meaning as a chemical substance, as defined in Section 2602 of Title 15 of the United States Code. (4) “Manufacturer” means a person who produces a chemical in this state or who imports a chemical into this state for sale in this state. (5) “Matrix” includes, but is not limited to, water, air, soil, sediment, sludge, chemical waste, fish, blood, adipose tissue, and urine. (6) “Octanol-water partition coefficient” means the ratio of the concentration of a chemical in octanol and in water at equilibrium and at a specified temperature. (7) “State agency” means the State Air Resources Board, the Department of Toxic Substances Control, the Integrated Waste Management Board, the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, and the California Environmental Protection Agency. “State agency” does not include the Department of Pesticide Regulation. (Added by Stats. 2006, Ch. 699, Sec. 2. Effective January 1, 2007.)
  100. 57019.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    State agencies may request extra chemical information from manufacturers after posting an announcement, and manufacturers must provide it within one year.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57019. (a) The California Environmental Protection Agency shall coordinate all requests for information from manufacturers made pursuant to this section on behalf of the state agencies. (b) In coordinating the requests made pursuant to this section, the California Environmental Protection Agency shall seek to accomplish the following objectives: (1) Minimize or eliminate duplicate requests for the same or similar information. (2) Coordinate with manufacturers of the same chemical to develop and submit the requested information in an equitable and resource-efficient manner. (3) To the extent practicable minimize the cost burden on individual manufacturers. (4) Maintain a record of requests made pursuant to this section. (c) A state agency, before requesting any information from a manufacturer pursuant to subdivision (d), shall do all of the following: (1) Post on its Internet Web site and the Internet Web site of the California Environmental Protection Agency an announcement that it seeks information pursuant to subdivision (d), including the chemical for which it seeks information, the type of information it is seeking, and the reason for seeking the information. (2) Conduct a search for the information it seeks of all known public sources of information on the chemicals for which an announcement has been posted pursuant to paragraph (1). All known public sources include public and electronically searchable databases maintained by the federal government, state governments, and intergovernmental organizations. (3) Make reasonable attempts to contact all manufacturers of chemicals listed for which an announcement has been posted pursuant to paragraph (1) to obtain any relevant information that may be held by those manufacturers but is not publicly available. (4) Make reasonable attempts to consult with all manufacturers of chemicals listed for which an announcement has been posted pursuant to paragraph (1) to determine what additional information, if any, those manufacturers need to develop to assist the state agency in evaluating the fate and transport of those chemicals in the relevant matrices. (5) Make reasonable attempts to consult with all manufacturers to evaluate the technical feasibility of developing the information requested by the agency. (d) (1) A state agency may request a manufacturer to provide additional information on a chemical for which an announcement has been posted pursuant to paragraph (1) of subdivision (c). (2) Upon request of a state agency, the manufacturer, within one year, shall provide the state agency with the additional information requested for the specified chemical. (3) The information that the state agency requests may include, but is not limited to, any of the following: (A) An analytical test method for that chemical, or for metabolites and degradation products for that chemical that are biologically relevant in the matrix specified by the state agency. (B) The octanol-water partition coefficient and bioconcentration factor for humans for that chemical. (C) Other relevant information on the fate and transport of that chemical in the environment. (4) The manufacturer responding to a request pursuant to this subdivision shall collaborate and cooperate with the state agency making the request to the extent practicable for the following purposes: (A) To ensure that the information being provided meets the needs of the state agency. (B) To reduce disagreements over the information being provided. (C) To decrease to the maximum extent possible the effort and resources the state agency must expend to verify and validate the information provided. (e) The definitions in Section 57018 apply to this section. (f) This section shall not be construed to limit the authority of a state agency to obtain information pursuant to any other provision of law. (Added by Stats. 2006, Ch. 699, Sec. 3. Effective January 1, 2007.)
  101. 57020.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. )

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    Manufacturers must notify the state agency in writing if submitted information may involve a trade secret, and the agency must protect qualifying trade secrets from disclosure.

    ## Health and Safety Code - HSC ## DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020] ( Division 37 added by Stats. 1993, Ch. 418, Sec. 5. ) ## 57020. (a) Notwithstanding Sections 7924.510 and 7924.700 of the Government Code, if a manufacturer believes that information provided to a state agency pursuant to Section 57019 involves the release of a trade secret, the manufacturer shall make the disclosure to the state agency and notify the state agency in writing of that belief. In its written notice, the manufacturer shall identify the portion of the information submitted to the state agency that it believes is a trade secret and provide documentation supporting its conclusion. (b) Subject to this section, the state agency shall protect from disclosure a trade secret designated as a trade secret by the manufacturer, if that trade secret is not a public record. (c) Upon receipt of a request for the release of information to the public that includes information that the manufacturer has notified the state agency is a trade secret and that is not a public record, the following procedure applies: (1) The state agency shall notify the manufacturer that disclosed the information to the state agency of the request, in writing by certified mail, return receipt requested. (2) The state agency shall release the information to the public, but not earlier than 30 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 30-day period, the manufacturer obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection under this section or for a preliminary injunction prohibiting disclosure of the information to the public and promptly notifies the state agency of that action. In order to prevent the state agency from releasing the information to the public, the manufacturer shall obtain a declaratory judgment or preliminary injunction within 30 days of filing an action for a declaratory judgment or preliminary injunction. (d) This section does not authorize a manufacturer to refuse to disclose to the state agency information required by Section 57019. (e) Any information that a court, pursuant to this section, determines is a trade secret and not a public record, or pending final judgment pursuant to subdivision (c), shall not be disclosed by the state agency to anyone, except to an officer or employee of a city or county, the state, or the United States, or to a contractor with a city or county, or the state, and its employees, if, in the opinion of the state agency, disclosure is necessary and required for the satisfactory performance of a contract, for the performance of work, or to protect the health and safety of the employees of the contractor. (f) The definitions in Section 57018 apply to this section. (Amended by Stats. 2021, Ch. 615, Sec. 266. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  102. 57050.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 1. General Provisions [57050 - 57051] ( Chapter 1 added by Stats. 1996, Ch. 776, Sec. 2. ) ## ARTICLE 1. Legislative Declarations [57050- 57050.] ( Article 1 added by Stats. 1996, Ch. 776, Sec. 2. )

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    The Legislature declares that repairing and maintaining commercial or industrial facilities should be done quickly and in a coordinated way to protect public health, safety, and the environment.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 1. General Provisions [57050 - 57051] ( Chapter 1 added by Stats. 1996, Ch. 776, Sec. 2. ) ## ARTICLE 1. Legislative Declarations [57050- 57050.] ( Article 1 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57050. The Legislature hereby finds and declares all of the following: (a) The failure to properly repair and maintain commercial and industrial facilities or structures can pose a threat to public health or safety or to the environment that can be prevented through expeditious and coordinated agency action. (b) There is an urgent need to implement repair or maintenance projects, as defined in subdivision (g) of Section 57051 as quickly and as effectively as possible to avoid potential threats to public health or safety or to the environment. (c) It is the intent of this division to provide, at the request of a responsible party, a mechanism that can ensure that the permits required to carry out necessary repair or maintenance projects at commercial or industrial facilities or structures will be issued in an expeditious, timely, and coordinated manner and will be consistent with one another. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  103. 57051.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 1. General Provisions [57050 - 57051] ( Chapter 1 added by Stats. 1996, Ch. 776, Sec. 2. ) ## ARTICLE 2. Definitions [57051- 57051.] ( Article 2 added by Stats. 1996, Ch. 776, Sec. 2. )

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    This section defines several terms used in this division, including consolidated permit, consolidated permit agency, office, participating permit agency, public agency, repair or maintenance project permit, repair or maintenance project, and responsible party.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 1. General Provisions [57050 - 57051] ( Chapter 1 added by Stats. 1996, Ch. 776, Sec. 2. ) ## ARTICLE 2. Definitions [57051- 57051.] ( Article 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57051. For purposes of this division, the following terms have the following meaning: (a) “Consolidated permit” means a permit incorporating permits for a repair or maintenance project and issued in a single permit document by the consolidated permit agency. (b) “Consolidated permit agency” means the public agency that has the greatest overall jurisdiction over a repair or maintenance project, as determined pursuant to Section 57053. (c) “Office” means the permit assistance centers operated by the office of the Secretary for Environmental Protection. (d) “Participating permit agency” means a public agency, other than the consolidated permit agency, that is responsible for the issuance of a repair or maintenance project permit. (e) “Public agency” means any state or local agency that has jurisdiction under state or local law to approve a repair or maintenance project. (f) “Repair or maintenance project permit” means any license, certificate, registration, permit, or other form of authorization required by a public agency to carry out a repair and maintenance project. (g) “Repair or maintenance project” means a project to repair or maintain an existing commercial or industrial facility or structure that would not involve or allow an addition to, or an enlargement or expansion of, the use of the facility or structure when the failure to repair or maintain that facility or structure would potentially cause a violation of any law or regulation intended for the protection of human health or safety, or the environment. (h) “Responsible party” means the owner or lessee or operator of the facility or structure proposed to be repaired or maintained pursuant to a repair or maintenance project. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  104. 57053.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

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    A responsible party may ask the office to designate a consolidated permit agency for a repair or maintenance project, and the office must do so within 30 days after receiving the request.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053. (a) Any responsible party may request the office to designate a consolidated permit agency for a repair or maintenance project to administer the processing and issuance of a consolidated permit for the repair or maintenance project subject to this division. The office is not authorized to act pursuant to this chapter in the absence of a request by a responsible party. The office shall designate a consolidated permit agency within 30 days from the date that the request was received. (b) A responsible party that requests the designation of a consolidated permit agency shall provide the office with a description of the repair or maintenance project, a preliminary list of the repair or maintenance project permits that the repair or maintenance project may require, the identity of any public agency that has been designated the lead agency for the repair or maintenance project pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code or Division 13 (commencing with Section 21000) of the Public Resources Code, and the identity of the participating permit agencies. The office may request any information from the responsible party that is necessary to make the designation under subdivision (a), and may convene a scoping meeting of the likely consolidated permit agency and participating permit agencies to make that designation. (c) In those cases where a public agency is the lead agency for purposes of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code or Division 13 (commencing with Section 21000) of the Public Resources Code, that agency shall be the consolidated permit agency. In other cases, the following factors shall be considered in determining which public agency has the greatest overall jurisdiction over the repair or maintenance project: (1) The type of facility or structure that is the subject of the proposed repair or maintenance project. (2) The nature of the threat that a failure to repair and maintain the structure or facility poses to public health or safety or to the environment, including the environmental medium that may be affected by a failure to repair and maintain the structure or facility. (3) The environmental and human health and safety concerns that should be considered in properly carrying out the repair or maintenance project. (4) The statutory and regulatory standards applicable to the repair or maintenance project. (d) The consolidated permit agency shall serve as the main point of contact for the responsible party with regard to the processing of the consolidated permit for the repair or maintenance project and shall coordinate the procedural aspects of the processing consistent with existing laws governing the consolidated permit agency and participating permit agencies, and with the procedures agreed to by those agencies in accordance with Section 57053.1. In carrying out those responsibilities, the consolidated permit agency shall ensure that consolidated permit applicant has all of the information needed to apply for all of the component repair or maintenance project permits that are incorporated in the consolidated permit, coordinate the review of those repair or maintenance project permits by the respective participating permit agencies, ensure that timely permit decisions are made by the participating permit agencies, and assist in resolving any conflict or inconsistency among the repair or maintenance project permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the repair or maintenance project. (e) This division shall not be construed to limit or abridge the authority or responsibilities of any participating permit agency pursuant to the law that authorizes or requires the agency to issue a permit for a repair or maintenance project or to grant any agency any new powers independent of those granted by other laws. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component repair or maintenance project permit that is within the scope of its authority or responsibility, including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial. The consolidated permit agency may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  105. 57053.1.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

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    The consolidated permit agency must convene a meeting within 15 working days after it is designated and include specified permit, timing, hearing, and fee topics in the agenda.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.1. (a) Within 15 working days of the date that the consolidated permit agency is designated, the consolidated permit agency shall convene a meeting with the consolidated permit applicant for the repair or maintenance project and with the participating permit agencies. The meeting agenda shall include at least all of the following matters: (1) A determination of the repair or maintenance project permits that are required for the repair or maintenance project. (2) A review of the permit application forms and other application requirements of the agencies that are participating in the consolidated permit process. (3) A discussion of the option available to the permit applicant to use the consolidated permit application form that is authorized by subdivision (e) or (f) of Section 15399.56 of the Government Code in lieu of the separate application forms for each component repair or maintenance project permit that would be provided by the consolidated permit agency and the participating permit agencies. (4) The setting of time limits that will be applicable to the consolidated permit agency and each participating permit agency in making consolidated and repair or maintenance project permit decisions, including the time periods required to determine if the repair or maintenance project permit applications are complete or the consolidated permit application is complete, to review the application or applications, and to process the component repair or maintenance project permits, and the timelines that will be used by the consolidated permit agency to aggregate the component repair or maintenance project permits into, and to issue, the consolidated permit. Notwithstanding Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2 of the Government Code, and Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, the timelines established pursuant to this paragraph may, with the assent of the consolidated permit agency and each participating permit agency, commit the consolidated permit agency and each participating permit agency to act on the component repair or maintenance project permit within time periods that are different than those required by Sections 65950 and 65952 of the Government Code, subdivisions (a) and (b) of Section 15376 of the Government Code, or other applicable provisions of law. However, no accelerated time period for the consideration of a repair or maintenance project permit application may be set if that accelerated time period would be inconsistent with, or in conflict with, any time period or series of time periods set by statute for that consideration, or with any statute, rule, or regulation, or adopted state policy, standard, or guideline, which require any of the following: (A) Other agencies, interested persons, or the public to be given adequate notice of the application. (B) Other agencies to be given a role in, or be allowed to participate in, the decision to approve or disapprove the application. (C) Interested persons or the public to be provided the opportunity to challenge, comment on, or otherwise voice their concerns regarding the application. (5) The scheduling of any public hearings that are required to issue repair or maintenance project permits for the repair or maintenance project and a determination of the feasibility of coordinating or consolidating any of those required public hearings. (6) A discussion of fee arrangements for the consolidated permit process, including an estimate of the fee authorized under Section 57053.5 and the billing process. (b) The consolidated permit agency may request any information from the consolidated permit applicant that is necessary to comply with its obligations under this division, consistent with the time limits set pursuant to paragraph (4) of subdivision (a). (c) A summary of the decisions made pursuant to this section shall be made available for public review upon the filing of the consolidated permit application or repair or maintenance project permit applications. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  106. 57053.2.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

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    A consolidated permit applicant may withdraw from the consolidated permit process by giving the consolidated permit agency a written request to terminate the process.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.2. The consolidated permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request that the process be terminated. Upon receipt of the request, the consolidated permit agency shall notify the office and each participating permit agency that a consolidated permit is no longer applicable to the repair or maintenance project. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  107. 57053.3.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    The consolidated permit agency must coordinate participating permit agencies so they can act on component repair or maintenance project permits within the stated time limits.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.3. The consolidated permit agency shall coordinate the activities of the participating permit agencies in order that each participating permit agency is able to act on its component repair or maintenance project permits within the time limits set pursuant to paragraph (4) of subdivision (a) of Section 57053.1. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  108. 57053.4.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    A repair or maintenance project permit inside a consolidated permit keeps the legal status and regulatory effect given by the statute and regulations that would have governed a separate permit, and the same public agency that would have issued it separately must administer and enforce it.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.4. Each repair or maintenance project permit incorporated in the consolidated permit shall have the legal status and the regulatory effect that is specified in the statute and regulations under which the repair or maintenance project permit would be separately issued and shall be administered and enforced by the public agency that would have separately issued it. Nothing in this chapter shall limit the authority of an agency to enforce existing permits or permit conditions. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  109. 57053.5.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    A consolidated permit agency may charge and collect a reasonable fee to recover estimated costs, and the fee must cover only the costs of consolidated permit services.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.5. (a) A consolidated permit agency may charge and collect a reasonable fee from any person seeking a consolidated permit to recover the estimated costs incurred by the consolidated permit agency and the office in carrying out this division. (b) The fees charged shall recover only the costs of performing those consolidated permit services and shall be either negotiated with the responsible party in the meeting convened pursuant to Section 57053.1 or set by the public agency in advance of its designation as a consolidated permit agency for the repair or maintenance project in a fee schedule adopted by the public agency for use in the event that the public agency is so designated. In addition, the billing process shall provide for accurate time and cost accounting and a billing cycle that provide for progress payments. Nothing in this section limits the ability of a participating agency or the office to collect appropriate fees. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  110. 57053.6.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    A responsible party may submit a petition to the relevant permit agency to review certain permit actions and resolve conflicts among permit conditions.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.6. A petition by the responsible party for review of a public agency action in issuing, denying, or amending a repair or maintenance project permit, or any portion of a consolidated permit, shall, to resolve conflicts among the permit conditions, be submitted by the responsible party to the consolidated permit agency or the participating permit agency having jurisdiction over that portion of the consolidated permit and shall be processed in accordance with the procedures of that agency. The public agency receiving the petition shall, within 30 days from the date of receipt, notify the other public agencies participating in the original consolidated permit. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  111. 57053.7.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    If the consolidated permit applicant asks for a significant amendment or modification, the consolidated permit agency must reconvene the participating permit agencies’ meeting.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.7. If the consolidated permit applicant petitions for a significant amendment or modification to a consolidated permit application or any of its component repair or maintenance project permit applications, the consolidated permit agency shall reconvene a meeting of the participating permit agencies, conducted in accordance with Section 57053.1. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  112. 57053.8.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    If the consolidated permit applicant does not provide required information, the relevant time limits are tolled until the information is provided.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.8. If the consolidated permit applicant fails to provide information required for the processing of the component repair or maintenance project permit applications for a consolidated permit or for the designation of a consolidated permit agency, the time limits set pursuant to paragraph (4) of subdivision (a) of Section 57053.1 shall be tolled until such time as the information is provided. (Added by Stats. 1996, Ch. 776, Sec. 2. Effective January 1, 1997.)
  113. 57053.9.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. )

    Verify source ↗

    The office must adopt regulations for an expedited appeals process, and certain petitioners or responsible parties may appeal missed permit timing by a public agency.

    ## Health and Safety Code - HSC ## DIVISION 37.5. REPAIR OR MAINTENANCE PROJECTS [57050 - 57053.9] ( Division 37.5 added by Stats. 1996, Ch. 776, Sec. 2. ) ## CHAPTER 2. Repair or Maintenance Projects [57053 - 57053.9] ( Chapter 2 added by Stats. 1996, Ch. 776, Sec. 2. ) ## 57053.9. (a) On or before December 31, 1997, the office shall adopt regulations establishing an expedited appeals process by which a petitioner or responsible party may appeal any failure by a public agency to take timely action on the issuance or denial of a repair or maintenance project permit or consolidated permit in accordance with the time limits set pursuant to paragraph (4) of subdivision (a) of Section 57053.1. (b) If the office finds that the time limits under appeal have been violated without good cause, the office shall establish a date certain by which the public agency shall act on the repair or maintenance project permit or consolidated permit application with adequate provision for the requirements described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of Section 57053.1, and shall provide for the full reimbursement of any filing or permit processing fees paid by the responsible party to the public agency for the permit application under appeal. For purposes of this section, “good cause” shall have the same meaning as defined in subdivision (g) of Section 15376 of the Government Code. (c) The determination of the office on an appeal shall be based only on procedural violations, including, but not limited to, the exceeding of time limits, not on any nonprocedural matter with regard to the repair or maintenance project permit, or permit application, or the consolidated permit, or consolidated permit application. (d) In cases of a violation of time limits set pursuant to paragraph (4) of subdivision (a) of Section 57053.1, the determination of the office to order a reimbursement of any application fee pursuant to the regulations adopted pursuant to subdivision (a) shall only be applicable to the consolidated permit agency or to the participating permit agencies that are in violation of the time limits without showing good cause. (e) An appeal taken pursuant to this section shall be only for violations of the time limits set pursuant to paragraph (4) of subdivision (a) of Section 57053.1. (Amended by Stats. 2002, Ch. 405, Sec. 71. Effective January 1, 2003.)
  114. 5745.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 9. Joint Municipal Sewage Disposal District Act [5745- 5745.] ( Chapter 9 (Sections 5700 to 5830.08) added by Stats. 1951, Ch. 439. ) ## ARTICLE 5.5. Claims [5745- 5745.] ( Article 5.5 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code claims procedures, unless another applicable statute or regulation provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 9. Joint Municipal Sewage Disposal District Act [5745- 5745.] ( Chapter 9 (Sections 5700 to 5830.08) added by Stats. 1951, Ch. 439. ) ## ARTICLE 5.5. Claims [5745- 5745.] ( Article 5.5 added by Stats. 1959, Ch. 1727. ) ## 5745. 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 (as added by Stats. 1959, Ch. 1727) by Stats. 1963, Ch. 1715. Note: This article was added to Chapter 9 (formerly comm. with Section 5700), which was repealed by Stats. 1959, Ch. 1309.)
  115. 6.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Headings in the code do not change the scope, meaning, or intent of its provisions.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 6. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1939, Ch. 60.)
  116. 6096.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 10. Regional Sewage Disposal Districts [6096- 6096.] ( Chapter 10 (Sections 5900 to 6110) added by Stats. 1955, Ch. 1922. )

    Verify source ↗

    Claims for money or damages against the district follow the Government Code claims process, except where this section says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 10. Regional Sewage Disposal Districts [6096- 6096.] ( Chapter 10 (Sections 5900 to 6110) added by Stats. 1955, Ch. 1922. ) ## 6096. 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. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims shall be prepared and presented to the governing body, and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county. (Amended (as added by Stats. 1959, Ch. 1727) by Stats. 1963, Ch. 1715. Note: This section was added by Stats. 1959, Ch. 1727, to Chapter 10 (formerly comm. with Section 5900), which was repealed by Stats. 1959, Ch. 1309.)
  117. 6120.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Chapter 11, including community facility, department, eligible grantee, low-income community, rural community, seed money, and technical assistance.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6120. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Community facility” means a public or mutual water system, or publicly operated waste water system. (b) “Department” means the Department of Housing and Community Development. (c) “Eligible grantee” means a local governmental entity or a private nonprofit organization which has demonstrated capacity to provide technical assistance on all subjects specified in subdivision (g). (d) “Low-income community” means a community in which the median income of the persons in the community, area, or city is less than 70 percent of the median income in the state. (e) “Rural community” means any community, area, or city with less than 5,000 population. (f) “Seed money” means funds granted by the department pursuant to the provisions of this chapter for project organization and development, test wells, preliminary engineering, professional fees, and other costs which are necessary to get a project approved for financing from local, state, or federal sources. (g) “Technical assistance” means assistance and advice on all of the following subjects: (1) Organization, including formation, financing, and operation, of public and private nonprofit service entities. (2) Community responsibilities, including the conduct of meetings, maintenance of minutes of meetings, preparation and analysis of budgets, keeping of fiscal records, and supervision of staff. (3) Operation and maintenance, including schedules and techniques pertaining to all parts of a facility, and maintenance control systems and maintenance recordkeeping to assure adequate maintenance, including schedules and techniques pertaining to all parts of a facility, and maintenance control systems and maintenance recordkeeping to assure adequate maintenance is performed on a facility. (4) Project development, including, but not limited to: (A) The preparation of plans for needed expansion, creation of services, and schedules for expected major repairs or replacement needs. (B) Negotiation of contracts for professional services. (C) An examination of various funding alternatives, and packaging applications for assistance. (D) Review of engineering plans and specifications for development projects. (E) Compliance with appropriate regulations relative to funding agencies. (5) Financial assistance available from the department in seed money grants pursuant to this chapter. (Amended by Stats. 1984, Ch. 744, Sec. 1.)
  118. 6121.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    The Legislature states that this chapter is meant to help small rural communities access development programs and build self-help expertise.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6121. The Legislature finds and declares that small rural communities are unable to take advantage of various local, state, and federal facility development programs due to their lack of technical expertise, staff, and seed money. The Legislature finds and declares that changing state and federal regulations relative to the provision of domestic water and waste water disposal are creating an extra hardship upon rural areas. The Legislature further finds and declares that the provisions of this chapter are necessary in order to provide assistance to rural areas so that they may take advantage of existing programs and develop self-help expertise enabling them to assist themselves in the future. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  119. 6122.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    The department must establish a Rural Community Facilities Technical Assistance Program.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6122. The department shall establish a Rural Community Facilities Technical Assistance Program, under which, subject to the availability of funds therefor, contracts shall be made by the department with public entities and nonprofit corporations for the provision of technical assistance to rural and low-income communities in the operation, maintenance, and development of community facilities. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  120. 6123.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    The program must be administered by the Director of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6123. The program shall be administered by the Director of Housing and Community Development. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  121. 6124.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    This section says the program is meant to help rural and low-income communities use financing programs for community facilities, with facilities built to last a normal period set by the department and, where possible, reasonable user rates charged.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6124. The program shall be for the purpose of helping rural and low-income communities to take advantage of various local, state, and federal financing programs to develop community facilities, ensuring that these facilities are developed and operated in such a manner that the facilities or services last for a normal period of time, as determined by the department, and ensuring that, wherever possible, reasonable user rates are charged for use of the facilities. The department shall provide in the administration of the program that funds pursuant to this program shall, to the greatest extent practicable, be used with the greatest amount of matching nonprogram funds. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  122. 6125.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    Creates the Rural Community Facility Grant Fund in the State Treasury and makes it continuously available to the department for grants and program administration.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6125. The Rural Community Facility Grant Fund is hereby created in the State Treasury. The fund is continuously appropriated, without regard to fiscal years, notwithstanding Section 13340 of the Government Code, to the department for expenditure for the purpose of making grants pursuant to the provisions of this chapter and to pay the costs incurred by the department in administering the grant program. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  123. 6126.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    The department must fund eligible grantees by contract, but only if they meet the listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6126. The department shall grant funds by contract with eligible grantees under the following conditions: (a) That grantees shall have the ability to provide all aspects of technical assistance on at least a countywide basis. (b) That grantees shall use no more than 80 percent of those funds for staff and administrative costs connected with the provision of that technical assistance. (c) That each community designated by a grantee to receive seed money shall be reviewed and certified by the department as eligible for those funds. (d) That any community designated to receive seed money shall also receive technical assistance. (e) That no community shall receive seed money which is greater than the sum of seven thousand five hundred dollars ($7,500) or two hundred dollars ($200) per family in such community, whichever is less. (f) The department and the grantee shall place seed money funds in a joint savings account which requires both the department and grantee to give authorization prior to the withdrawal of those funds. (Amended by Stats. 1984, Ch. 744, Sec. 2.)
  124. 6127.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. )

    Verify source ↗

    The department must develop and adopt rules and regulations to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 11. Assistance to Small Rural Communities [6120 - 6127] ( Chapter 11 added by Stats. 1983, Ch. 1152, Sec. 1. ) ## 6127. The department shall develop and adopt rules and regulations to implement the provisions of this chapter. (Added by Stats. 1983, Ch. 1152, Sec. 1.)
  125. 6400.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “district” for this part as a district formed under this part or under a law it replaces.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6400. “District,” as used in this part, means a district formed pursuant to this part or pursuant to any law which it supersedes. (Enacted by Stats. 1939, Ch. 60.)
  126. 6401.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this part, “Board” or “district board” means the governing board of a district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6401. “Board” or “district board,” as used in this part, means the governing board of a district. (Enacted by Stats. 1939, Ch. 60.)
  127. 6402.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this part, “Secretary” means the secretary of a district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6402. “Secretary,” as used in this part, means the secretary of a district. (Enacted by Stats. 1939, Ch. 60.)
  128. 6403.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “Assessor” for this part as the assessor of a district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6403. “Assessor,” as used in this part, means the assessor of a district. (Enacted by Stats. 1939, Ch. 60.)
  129. 6404.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this part, “tax collector” means the tax collector of the county or counties where the district is located.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6404. “Tax collector,” as used in this part, means the tax collector of the county or counties in which a district is located. (Amended by Stats. 1961, Ch. 1629.)
  130. 6405.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this part, “Treasurer” means the treasurer of the county or counties where a district is located.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6405. “Treasurer,” as used in this part, means the treasurer of the county or counties in which a district is located. (Amended by Stats. 1961, Ch. 1629.)
  131. 6406.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “garbage” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6406. “Garbage,” as used in this part, shall include all of the following: (a) animal, fruit and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees, shrubs and grass; (d) inorganic refuse and rubbish; (e) anything thrown away as worthless. (Added by Stats. 1939, Ch. 304.)
  132. 6408.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “board of supervisors” for this part.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 1. General Provisions and Definitions [6400 - 6408] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 6408. “Board of supervisors,” as used in this part, means the board of supervisors of the county in which the greatest portion of the area of the district, is situated at the time of the filing of the petition for formation, unless another meaning is specified. (Added by Stats. 1961, Ch. 1629.)
  133. 6420.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    At least 25 persons may sign and file a petition to form a sanitary district, and multi-county districts have extra signature minimums.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6420. Whenever 25 persons in any county, or in two or more counties within the same natural watershed area, desire the formation of a sanitary district within the area, they may sign and present a petition to the board of supervisors of the county in which the greatest portion of the area of the proposed district is situated at the time of the filing of the petition. If the district is to be located in more than one county, the petition shall be signed by no fewer than 15 persons in the county in which the greatest portion of the district is located and by no fewer than 10 persons in each other county in which the district is located. (Amended by Stats. 1961, Ch. 1629.)
  134. 6421.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A petition for forming a proposed district must include the district’s name, its boundaries, and a request to form the territory into a district under this part.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6421. The petition shall contain: (a) The name of the proposed district. (b) The boundaries of the proposed district. (c) A request that the territory within the boundaries be formed into a district as provided by this part. (Enacted by Stats. 1939, Ch. 60.)
  135. 6422.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each petitioner must be a resident and freeholder in the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6422. Each petitioner shall be a resident and freeholder in the proposed district. (Enacted by Stats. 1939, Ch. 60.)
  136. 6423.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A petition must be verified by the affidavit of one of the petitioners.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6423. The petition shall be verified by the affidavit of one of the petitioners. (Enacted by Stats. 1939, Ch. 60.)
  137. 6424.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The petition must be published for at least two weeks before the hearing in a newspaper of general circulation in each county where the district is located.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6424. The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation published in each county in which the district is located. (Amended by Stats. 1961, Ch. 1629.)
  138. 6425.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A notice about the petition must be published before the petition is presented to the board of supervisors, and interested persons may appear and be heard.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Petition [6420 - 6425] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6425. With the petition there shall be published a notice stating the time when the petition will be presented to the board of supervisors, and that all persons interested may appear and be heard. (Enacted by Stats. 1939, Ch. 60.)
  139. 6440.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors must hear the petition at the designated time and may postpone the hearing from time to time.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6440. At the time designated the board of supervisors shall hear the petition, and may adjourn the hearing from time to time. (Enacted by Stats. 1939, Ch. 60.)
  140. 6441.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors may not change proposed district boundaries to leave out land that would benefit from the district, and may not include land that the board judges would not be benefited.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6441. The board of supervisors shall not modify the boundaries of the proposed district as set forth in the petition so as to exclude from the proposed district any land which would be benefited by the formation of the district, nor shall there be included in the proposed district any lands which will not in the judgment of the board be benefited. (Enacted by Stats. 1939, Ch. 60.)
  141. 6442.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the board of supervisors thinks land was wrongly left out of the proposed district and the owner did not appear at the hearing, it must continue the hearing and give notice to that owner.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6442. If the board of supervisors concludes that any land has been improperly omitted from the proposed district and the owner has not appeared at the hearing, it shall continue the further hearing of the petition, and shall order notice given to the nonappearing owner, requiring him to appear before it and show cause, if any he has, why his land should not be included in the proposed district. (Enacted by Stats. 1939, Ch. 60.)
  142. 6443.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Notice must be given either by publication, in the same manner and for the same period as the original petition, or by personal service on each nonappearing owner.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6443. The notice shall be given either by publication in the same manner as the original petition and for the same period, or by personal service on each nonappearing owner. (Enacted by Stats. 1939, Ch. 60.)
  143. 6444.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If notice is served personally, it must be delivered at least 3 days before the further hearing date.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6444. If the notice is given by personal service, it shall be given at least three days prior to the date fixed for the further hearing. (Enacted by Stats. 1939, Ch. 60.)
  144. 6445.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors may grant additional continuances by order entered in its minutes so a full hearing can be held.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6445. The board of supervisors may grant further continuances, by order entered in its minutes, to the end that a full hearing may be had. (Enacted by Stats. 1939, Ch. 60.)
  145. 6446.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the board of supervisors approves the petition at the final hearing, it must issue an order with the proposed district’s boundaries and the election date.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6446. Upon the final hearing of the petition, the board of supervisors, if it approves the petition as originally presented or in a modified form, shall make an order containing: (a) A description of the exterior boundaries of the proposed district, as determined by the board of supervisors. (b) The date on which an election will be held in the proposed district. (Enacted by Stats. 1939, Ch. 60.)
  146. 6447.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The order must set the election date, and the election must be on the next established election date at least 74 days after the order. It must also state that a district assessor and five board members will be elected.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6447. The order shall: (a) Fix the day of the election, which shall be held on the next established election date not less than 74 days from the date of the order. (b) State that at the election there shall be elected a district assessor, and five members of the board. (Amended by Stats. 1973, Ch. 1146.)
  147. 6448.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The order must be entered in the board of supervisors’ minutes, and it serves as conclusive evidence of the petition’s proper presentation and the petitioners’ residency and freeholder status at the time they signed and presented it.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing [6440 - 6448] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 6448. The order shall be entered in the minutes of the board of supervisors, and is conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of the petition, a resident and freeholder in the proposed district. (Enacted by Stats. 1939, Ch. 60.)
  148. 6460.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    For this district-formation election, the election chapter generally applies, but the county board of supervisors and county clerk carry out the duties normally assigned to the district board and its secretary.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6460. Except as otherwise specifically provided in this article, the provisions of the chapter of this part on elections govern the election on the question of organizing a district and the election of the first district officers, and the board of supervisors of the county and the county clerk shall perform the duties conferred by that chapter on the district board and its secretary, respectively. (Enacted by Stats. 1939, Ch. 60.)
  149. 6461.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before the election, the order must be posted in three public places in the proposed district and published weekly in each county where the district is located.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6461. A copy of the order shall be posted for four successive weeks prior to the election in three public places in the proposed district at least one of which shall be in each county in which the district is located, and shall be published once a week for four successive weeks prior to the election in a newspaper of general circulation published in each county in which the district is located. (Amended by Stats. 1961, Ch. 1629.)
  150. 6461.1.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After a district formation election is called, the calling legislative body must send notice to the local agency formation commission’s executive officer within five days, and the executive officer and commission must then review and forward an impartial analysis on a short timetable.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6461.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  151. 6461.2.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain listed people and groups may file a written argument for or against the proposed district formation, but it must be no more than 300 words and filed at least 54 days before the election.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6461.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  152. 6461.3.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If multiple arguments for or against forming the proposed district are filed on time, election officials must choose one argument to print and distribute to voters, giving priority in the listed order.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6461.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  153. 6461.4.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Elections officials must print and mail a ballot pamphlet about the district formation proposition to eligible voters.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6461.4. The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following, in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition, prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 120. Effective January 1, 1995.)
  154. 6462.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    At least 15 days before the election, the board of supervisors must choose one polling place in the proposed district and make suitable election arrangements; it may choose more than one polling place.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6462. At least 15 days prior to the election, the board of supervisors shall select one, and may select two or more, polling places in the proposed district, and shall make suitable arrangements for the election. (Amended by Stats. 1945, Ch. 1337.)
  155. 6463.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Ballots for this election must include the question on forming the sanitary district, separate “Yes” and “No” lines with voting targets, and the names of the persons to be voted for.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6463. The ballots shall contain the words, “Shall the sanitary district be formed?” To the right of or below these words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. The ballot shall also contain the names of the persons to be voted for at the election. (Amended by Stats. 2025, Ch. 303, Sec. 21. (AB 1512) Effective January 1, 2026.)
  156. 6464.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    At the election, an assessor and board members must be elected, and the board members must be resident electors of the district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6464. At the election there shall be elected an assessor and the members of the board who shall be resident electors of the district. (Amended by Stats. 1959, Ch. 155.)
  157. 6465.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the vote passes in each county, the board of supervisors must enter an order establishing the district and immediately file a certified copy with each county recorder.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6465. If a majority of the votes cast in each county are in favor of formation of the district, the board of supervisors shall make and cause to be entered in its minutes an order that a district of the name and with the boundaries stated in the order calling the election, setting forth the boundaries, has been established. The board shall immediately file for record in the office of the county recorder of each county within which the district is located a certified copy of the order declaring the district established. The order is conclusive evidence of the fact and regularity of all prior proceedings required by this part or by law, and of the existence and validity of the district. (Amended by Stats. 1961, Ch. 1629.)
  158. 6466.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If most votes oppose forming the district, the board of supervisors must record that result in its minutes.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 2. Formation [6420 - 6466] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Election on Formation and for Officers [6460 - 6466] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 6466. If a majority of the votes cast are against formation of the district, the board of supervisors shall by order entered in its minutes so declare, and no other proceeding shall be taken in relation thereto until the expiration of one year from the date of the presentation of the petition to the board of supervisors. (Enacted by Stats. 1939, Ch. 60.)
  159. 6480.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district has an assessor and five board members, and a city legislative body member is not barred from being a board member just because of that membership.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6480. (a) The officers of the district are an assessor and five members of the board. (b) Any member of the legislative body of a city whose territory is encompassed, in whole or in part, by the boundaries of the district is not disqualified from holding office as a member of the board solely because of his membership on such legislative body. (Amended by Stats. 1970, Ch. 22.)
  160. 6480.1.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section lets a local agency formation commission increase the board size of a consolidated or reorganized sanitary district, and lets the board leave a vacancy unfilled in some cases.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6480.1. (a) Notwithstanding Section 6480, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single sanitary district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision (a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: “consolidation” means consolidation, as defined in Section 56030 of the Government Code; “district” or “special district” means district or special district, as defined in Section 56036 of the Government Code; and “reorganization” means reorganization, as defined in Section 56073 of the Government Code. (Amended by Stats. 2006, Ch. 172, Sec. 11. Effective January 1, 2007.)
  161. 6480.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A sanitary district board may enlarge itself from five to seven members within two years after certain consolidation or annexation, and it may designate the first two added members.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6480.5. At any time within two years after a sanitary district consolidates with or annexes the territory of a district having powers and functions substantially identical to those of a sanitary district formed pursuant to this part, the board of directors of the sanitary district may, by resolution, increase the number of members of the board from five to seven, and may designate the first two additional members to serve on the enlarged board. If the board is enlarged subsequent to the consolidation with, or the annexation of the territory of, another district, the first two additional directors so designated shall be resident voters of such consolidated or annexed territory. The board shall determine the term of office of each of the new directors so appointed, but in no event shall such term designated by the board be for more than four years. The terms of office thus created shall be determined in such a manner as to keep as nearly equal as practicable the number of directors to be elected at each subsequent general district election. Upon the expiration of such term so designated by the board, the membership shall be filled at the next general district election and general district elections held thereafter for the election of officers of the district. Any references to five members of the board in this part mean seven members as applied to a board increased in size pursuant to this section. In the same manner, references to three members mean four members and to two members mean three members, and references to a four-fifths vote mean a five-sevenths vote, as applied to an enlarged board. (Added by Stats. 1971, Ch. 385.)
  162. 6480.7.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the two sanitary districts consolidate, the initial board is set at 10 members, with later board size and membership decided within 60 days; otherwise the County Board of Supervisors steps in.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6480.7. If a consolidation involving the Capistrano Beach Sanitary District and the Dana Point Sanitary District is approved, the board of directors of the consolidated district shall initially consist of 10 members who shall be the members of the boards of directors of the two districts as of the effective date of the consolidation. Notwithstanding Section 56844 of the Government Code, those board members shall determine within 60 days from the effective date of the consolidation whether the board of directors shall consist of 5, 7, 9, or 11 members, and they shall further determine within that time the persons who shall thereafter be members of the board of directors. If those board members determine that the board of directors shall consist of 11 members, they shall appoint the eleventh member whose term shall be the same as the terms of the members of the board of directors whose terms will first expire. Upon making those determinations, the members so selected shall notify by resolution the Board of Supervisors and the Registrar of Voters of the County of Orange of the number of members and the names of the persons who have been selected or appointed as members of the board of directors, and of the expiration dates of their terms of office. If that selection and appointment process is not completed within 60 days of the effective date of the consolidation, the Board of Supervisors of the County of Orange shall determine the number of members of the board of directors and shall select the members of the board of directors from among those 10 persons, or call a special election for the election of the directors of the consolidated district on the next available election date. In that event, those 10 persons shall serve as the board of directors until the results of the special election are declared by the board of supervisors. (Added by Stats. 1993, Ch. 1195, Sec. 19. Effective January 1, 1994.)
  163. 6481.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board is the district’s governing power and may exercise all district powers, except making an assessment roll in the first instance.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6481. The board is the governing power of the district, and exercises all district powers, except the making of an assessment roll in the first instance. (Enacted by Stats. 1939, Ch. 60.)
  164. 6482.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Board members generally serve four-year terms, except those elected at the formation election.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6482. Except as to those members of the board who are elected at the election on formation, the term of office of each member of the board is four years and each holds office until the election and qualification of his successors or his resignation or termination of residence within the district. (Amended by Stats. 1959, Ch. 156.)
  165. 6483.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Vacancies in the board’s membership must be filled under Government Code Section 1780.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6483. Vacancies in the membership of the board shall be filled pursuant to Section 1780 of the Government Code. (Amended by Stats. 1975, Ch. 1059.)
  166. 6484.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Board members must classify themselves by lot at their first meeting so staggered terms can be set.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6484. The members of the board elected at the election as a result of which the district was organized or, if the district is reorganized under this part, then the five members in office at the time of the reorganization shall, at their first meeting, or as soon thereafter as may be practicable, so classify themselves, by lot, that they shall go out of office as follows: (a) Two shall serve until the election held in the first even-numbered year after the year in which the district is formed or reorganized, and until the election and qualification of their successors. (b) Three shall serve until the second even-numbered year after the district is formed or reorganized, and until the election and qualification of their successors. Notwithstanding any other provision of this part, except in districts that consolidate the election of directors with the direct primary election, the terms of office of members of the board in all districts existing on January 1, 1967, shall be determined as provided in Section 10507 of the Elections Code, and the terms of office of members of the board in all new districts shall be determined as provided in Section 10505 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 121. Effective January 1, 1995.)
  167. 6486.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    At the first meeting, or as soon as practicable after that, the board must choose one of its members as president and appoint a secretary.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6486. At its first meeting, or as soon thereafter as may be practicable, the board shall choose one of its members as president, and shall appoint a secretary who may be a member of the board. (Amended by Stats. 1945, Ch. 1337.)
  168. 6487.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    District contracts and related documents must be signed by the district president and countersigned by the secretary, unless the board authorizes other specified employees to sign by resolution.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6487. All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the district by its president, and countersigned by its secretary, except that the board may, by resolution, authorize the district manager or other district employees specified by the board to sign contracts, warrants, releases, receipts, and similar documents in the name of the district. (Amended by Stats. 1993, Ch. 1195, Sec. 20. Effective January 1, 1994.)
  169. 6488.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board must hold meetings at convenient times, in the day or evening, and must appoint a temporary president or secretary if the president or secretary cannot act.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6488. The board shall hold such meetings, either in the day or in the evening, as may be convenient. In case of the absence or inability of the president or secretary to act, the board shall choose a president pro tem., or secretary pro tem., or both as the case may be. (Enacted by Stats. 1939, Ch. 60.)
  170. 6489.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Board members may be paid up to $100 per day, with a limit of six paid days in any calendar month, and the board may raise that amount by ordinance. The sanitary board secretary is paid at a rate set by the district board, and that payment replaces any other attendance-based compensation.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6489. (a) Subject to subdivision (b), each of the members of the board shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by board members above the amount of one hundred dollars ($100) per day. (c) The secretary of the sanitary board shall receive compensation to be set by the sanitary district board, which compensation shall be in lieu of any other compensation to which he or she may be entitled by reason of attendance at the meeting or meetings of the sanitary board. (d) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (e) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 12. Effective January 1, 2006.)
  171. 6490.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board must record general regulations in its minutes and publish or post them, with specific notice options and timing rules.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6490. (a) A general regulation of the board shall be entered in its minutes, and shall be published once in a newspaper published in the district, if there is one, and if not, then it shall be posted for one week in three public places in the district. (b) The publication or posting of general regulations, as required by subdivision (a), may be satisfied by either of the following actions: (1) The board of directors may publish a summary of a proposed regulation or ordinance or proposed amendment to an existing regulation or ordinance. This summary shall be prepared by an official designated by the board. A summary shall be published along with the names of those board members voting for and against the regulation or ordinance or amendment, and a certified copy of the full text of the proposed regulation or ordinance or proposed amendment to same shall be posted in the office of the clerk of the board, along with the names of those board members voting for and against the regulation, ordinance, or amendment. (2) If the official designated by the board determines that it is not feasible to prepare a fair and adequate summary of the regulation or ordinance or amendment to same, and if the board so orders, a display advertisement of at least one-quarter of a page in a newspaper published in the district shall be published. The advertisement shall indicate the general nature of, and provide information about, the regulation, ordinance, or amendment, including information sufficient to enable the public to obtain copies of the complete text of the regulation or ordinance or amendment to same, and the names of those board members voting for and against the regulation, ordinance, or amendment. (c) A subsequent order of the board that publication or posting has been made is conclusive evidence that the publication or posting has been properly made. (d) A general regulation takes effect upon expiration of the week of publication or posting. (Amended by Stats. 1987, Ch. 1184, Sec. 9.)
  172. 6491.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Orders that do not establish a general regulation do not need to be published or posted, but they must be entered in the minutes and take effect when adopted.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6491. Unless otherwise provided by this part, orders not establishing a general regulation need not be published or posted, but shall be entered in the minutes and shall take effect upon adoption. (Amended by Stats. 1953, Ch. 765.)
  173. 6491.1.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may adopt general regulations setting codes or specifications for how certain facilities are constructed, repaired, maintained, and operated.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6491.1. The district board may, by general regulation, adopt codes or specifications controlling the manner of construction, repair, maintenance and operation of facilities referred to in Sections 6512 and 6522. Such codes or specifications need not be set out in full in such general regulation but may be incorporated therein by reference. Copies of such codes or specifications shall be available for examination in the office of the secretary at all times. (Added by Stats. 1957, Ch. 1491.)
  174. 6491.2.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may adopt a code by general regulation by reference, but the adopted code must impose restrictions at least as strict as the State Housing Law; penalty clauses in the adopted code are ineffective; violations are misdemeanors.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6491.2. The district board may, by general regulation, adopt a code by reference in the same manner as legislative bodies of local agencies are authorized to adopt primary and secondary codes by reference pursuant to Section 50022.1 to 50022.8, inclusive, of the Government Code, and for the purposes of such sections of the Government Code the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any code adopted by the district board, by reference, shall impose restrictions equal to or greater than those imposed by the State Housing Law, Part 1.5 (commencing with Section 17910), Division 13 of this code, and the rules and regulations promulgated pursuant thereto by the Commission of Housing and Community Development. No penalty clauses or sanctions contained in any code adopted by reference pursuant to this section shall be effective. Every person who violates any provision of a general regulation adopted pursuant to this section or of a code adopted by reference in such general regulation is guilty of a misdemeanor. (Amended by Stats. 1969, Ch. 39.)
  175. 6491.3.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district may enact ordinances in the same way as the board’s general regulations.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6491.3. Ordinances of the district may be enacted in the same manner as general regulations of the board and shall have the same force and effect as such general regulations. (Added by Stats. 1971, Ch. 406.)
  176. 6491.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district may destroy a record if it follows the referenced Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6491.5. 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. 22. Effective January 1, 2006.)
  177. 6492.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board may direct the county district attorney to enforce the board’s regulations or orders and to give advice on sanitary matters. The district attorney must obey those instructions and provide advice when asked.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6492. The board may instruct the district attorney of the county to commence and prosecute any or all actions and proceedings necessary or proper to enforce any of its regulations or orders, and may call upon him for advice as to any sanitary subject; and the district attorney shall obey the instructions and give advice when requested by the board. (Enacted by Stats. 1939, Ch. 60.)
  178. 6492.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board may resolve that the county health officer will serve as the district’s health officer.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6492.5. The board may provide, by resolution, that the health officer of the county in which the district is situated shall be the health officer of the district. Upon the adoption of such resolution, it shall be presented to the board of supervisors and, if it is approved by the board of supervisors, such county health officer shall become the ex officio health officer of the district and it shall be his duty to give advice when requested by the board and to aid the district in doing any act necessary or proper to the complete exercise and effect of any of its powers, or for the purposes for which it is formed. (Added by Stats. 1972, Ch. 158.)
  179. 6493.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board may hire special counsel at any time for any purpose.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6493. The board may at any time employ special counsel for any purpose. (Enacted by Stats. 1939, Ch. 60.)
  180. 6494.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An assessor must be elected in even-numbered years when board members are elected, unless the district has switched to the county assessment roll; vacancies are filled by board appointment.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6494. There shall be an election for assessor in each even-numbered year in which members of the board are elected, and at the same time, place, and manner; provided, however, that if a district board has elected to avail itself of the county assessment roll for district taxation pursuant to Article 6 of Chapter 7 of this part, no assessor shall thereafter be elected until it shall again elect the use of its own tax roll. The assessor holds office for two years, and until the election and qualification of his successor except that the first assessor elected holds office until the election and qualification of his successor. If a vacancy occurs in the office of assessor, the board shall appoint a suitable person to fill the vacancy until the next election at which an assessor may be elected under this part. (Amended by Stats. 1951, Ch. 584.)
  181. 6495.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The assessor must perform additional duties ordered or required by the board.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6495. The assessor’s duties are fixed by this part and he shall perform such other duties as are ordered or required by the board. (Enacted by Stats. 1939, Ch. 60.)
  182. 6496.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The assessor must be paid compensation set by the board.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6496. The assessor shall receive such compensation as shall be fixed by the board. (Enacted by Stats. 1939, Ch. 60.)
  183. 6497.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The sanitary board may classify district employment, make rules for examinations and appointments, and control examinations; it must print the rules and changes promptly, and examination questions cannot address political or religious views.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6497. (1) The sanitary board of sanitary districts may classify all the places of employment in or under the district, and in or under all the offices and departments of the district, with reference to the examinations hereinafter provided for. The places so classified by the sanitary board may constitute the classified civil service of the district, and no appointment to any such place shall be made except according to the rules hereinafter mentioned. (2) The sanitary board may make rules to carry out the purposes of this section, and for examinations, appointments, promotions, and removals, and may from time to time make changes in existing rules. All rules and all changes therein shall be forthwith printed for distribution by the sanitary board. (3) The examinations shall be practical in their character, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include, when appropriate, tests of manual or professional skill. The selection of laborers shall be governed by priority of application as far as may be practicable. No questions in any examination shall relate to political or religious opinions or affiliations. The sanitary board shall control all examinations. (Amended by Stats. 1957, Ch. 1491.)
  184. 6499.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain county officers and an ex officio county health officer may be reimbursed by the district for reasonable and actual expenses, but the reimbursement cannot exceed the actual expense incurred.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6499. Any county officer required to act as an officer of the district and perform services for the district by virtue of his office, or any county health officer who becomes the ex officio health officer of the district pursuant to Section 6492.5, shall be entitled to reimbursement from the district for the reasonable and actual expenses incurred by him while acting on behalf of the district, to be paid into the county treasury. The amount of such reimbursement shall not exceed the actual expense which he incurred. (Amended by Stats. 1972, Ch. 158.)
  185. 6500.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may dissolve itself by a 4/5 vote if the district borders a city and that city runs and maintains all district facilities under contract.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6500. If a district has a boundary which is contiguous to the boundary of a city and the district has a contract with that city under which the city is responsible for the operation and maintenance of all facilities of the district, the governing board of the district may, by a resolution adopted by a 4/5 vote of the board, declare the board dissolved and thereafter the governing body of the city shall be ex officio the governing board of the district. (Added by Stats. 1965, Ch. 588.)
  186. 6501.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board may change the district’s name by resolution.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 3. Officers [6480 - 6501] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 6501. By resolution, the board may change the name of the district. Any name resulting from a change shall include the words “Sanitary District” or shall be a name that is descriptive of the functions of the district. The change of name shall be effective upon recording a certified copy in the office of the county recorder of the county or counties in which the district is situated. (Amended by Stats. 1998, Ch. 829, Sec. 38. Effective January 1, 1999.)
  187. 6510.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district may use a seal, and the board can alter it at its pleasure.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6510. A district may use a seal, alterable at the pleasure of the board. (Enacted by Stats. 1939, Ch. 60.)
  188. 6511.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The district may sue and be sued in its own name.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6511. It may sue and be sued by its name. (Enacted by Stats. 1939, Ch. 60.)
  189. 6512.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    A sanitary district may operate water and waste systems, but some actions need approvals, consent, or consultation first.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6512. (a) A district may acquire, plan, construct, reconstruct, alter, enlarge, lay, renew, replace, maintain, and operate garbage dumpsites and garbage collection and disposal systems, sewers, drains, septic tanks, and sewerage collection, outfall, treatment works and other sanitary disposal systems, and storm water drains and storm water collection, outfall and disposal systems, and water recycling and distribution systems, as the board deems necessary and proper, and in the performance of these functions, either in or out of the district, it may join through joint powers agreements pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, or through other means with any county or municipality or any other district or governmental agency. (b) Before any garbage dump is established, the location shall first be approved by the county health officer, and, in addition, if the location is within two miles of any city, the consent of the governing body of the city shall first be secured. (c) (1) If the district includes any part of a city, water district, or other local agency that provides water service to any territory in the district, the district shall not supply water service to the territory unless the district first obtains the consent of the city, water district, or other local agency. The consent shall not be revoked, if the revocation will result in a decrease of the revenues available to pay the outstanding bonds of the district. (2) Paragraph (1) does not apply to the provision of recycled water by a district. (3) (A) Subject to subparagraph (B), a district may not supply water service using recycled water to the territory of any part of a city, water district, or other local public entity providing water service, or commence construction of facilities for that service, prior to offering to consult with that city, water district, or other local public entity, and providing notification of availability for consultation. The obligation to consult terminates if that local public entity providing water service fails to make itself available for consultation within 60 days of written notification to that local public entity. (B) The consultation and notification requirements described in subparagraph (A) do not apply to a district if the district, prior to supplying water or commencing construction as described in subparagraph (A), provides notification to the local public entity pursuant to Section 65604 of the Government Code or submits a written request to the local public entity pursuant to subdivision (b) of Section 13580 of the Water Code. (d) The Department of Water Resources may assist sanitary districts in applying for, and in obtaining approval of, federal and state funding and permits for cost-effective water recycling projects and shall confer and cooperate with the legislative body of the district during the application and approval process. (Amended by Stats. 2002, Ch. 261, Sec. 2. Effective January 1, 2003.)
  190. 6512.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The Winton Sanitary District may use county water district powers to provide water, and it must otherwise remain governed as a sanitary district under this part.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6512.5. Notwithstanding any other provision of law, for the purpose of furnishing water in the district for any present or future beneficial use, the Winton Sanitary District may exercise any of the powers of a county water district, including the power to acquire, operate, finance, and control water rights, works, property, rights, and privileges useful or necessary to convey, supply, store, or make use of water for any useful purpose, all in the same manner as county water districts formed under the County Water District Law (Division 12 (commencing with Section 30000) of the Water Code). However, the Winton Sanitary District shall otherwise continue to be governed in all respects as a sanitary district under the provisions of this part, and the provisions of this section are intended only to vest additional powers in the district which the district may elect to exercise. (Added by Stats. 1982, Ch. 1360, Sec. 1.)
  191. 6512.6.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The Lost Hills Sanitary District may use county water district powers to manage water for beneficial use in the district.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6512.6. Notwithstanding any other provision of law, for the purpose of furnishing water in the district for any present or future beneficial use, the Lost Hills Sanitary District may exercise any of the powers of a county water district, including the power to acquire, operate, finance, and control water rights, works, property, rights, and privileges useful or necessary to convey, supply, store, or make use of water for any useful purpose, all in the same manner as county water districts formed under the County Water District Law (Division 12 (commencing with Section 30000) of the Water Code). However, the Lost Hills Sanitary District shall otherwise continue to be governed in all respects as a sanitary district under the provisions of this part, and the provisions of this section are intended only to vest additional powers in the district which the district may elect to exercise. (Added by Stats. 1986, Ch. 106, Sec. 1. Effective May 27, 1986.)
  192. 6512.7.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The Montara Sanitary District may take on county water district powers only after a qualifying resolution and voter approval, and it must later reimburse San Mateo County $118,000 within 180 days after receiving certain revenues.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6512.7. (a) Notwithstanding Section 6512 and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), for the purpose of furnishing water in the district for any present or future beneficial use, the Montara Sanitary District may, pursuant to subdivision (b), exercise any of the powers of a county water district, including the power to acquire, operate, finance, and control water rights, works, property, rights and privileges useful or necessary to convey, supply, store or make use of water for any useful purpose, all in the same manner as county water districts formed under the County Water District Law (Division 12 (commencing with Section 30000) of the Water Code). The Montara Sanitary District shall otherwise continue to be governed in all respects as a sanitary district under this part, and the provisions of this section are intended only to vest additional powers in the district which the district may elect to exercise. (b) If the governing body of the Montara Sanitary District determines, by resolution, entered in the minutes, that it is feasible, economically sound, and in the public interest for the district to exercise the powers specified in subdivision (a), the governing body shall submit to the electors of the district the question of whether the district should adopt those additional powers. The question submitted to the electors shall be in substantially the following form: “Shall the Montara Sanitary District exercise the powers of a county water district for the purpose of furnishing water in the district?” The district may exercise those powers only if a majority of the voters voting on the proposition vote in favor of the question. The costs of that election, including any additional costs incurred by the County of San Mateo for purposes of meeting legal requirements directly associated with the conduct of the election, shall be borne by the district. (c) If the electors of the district authorize the district to exercise the powers specified in subdivision (a), the district shall include in any revenue plan developed as part of its exercise of those powers an item to reimburse the County of San Mateo the sum of one hundred eighteen thousand dollars ($118,000) for costs incurred with respect to its effort to acquire the existing water system serving the Montara Sanitary District service area. Reimbursement to the county shall occur within 180 days after the district receives any revenues from the sale of bonds, the levy of assessments, or the receipt of any other revenues to be used by the district in the exercise of its powers pursuant to this section. (d) If the Montara Sanitary District assumes authority to exercise the powers of a county water district pursuant to this section, thereafter the district shall be subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (e) In enacting this section it is the intent of the Legislature that any service by the Montara Sanitary District not affect the approval or development of a project that includes units for lower income persons, as defined in Section 50079.5, and persons and families of moderate income, as defined in Section 50093. (f) Upon request of the governing body of the Montara Sanitary District, the County of San Mateo shall provide the district with all books, papers, records, documents and other information, including all writings as defined in Section 250 of the Evidence Code, resulting from, or produced by, the expenditure of funds by the county to determine if the acquisition of the existing water system serving the Montara Sanitary District service area is feasible. (Amended by Stats. 2003, Ch. 296, Sec. 22. Effective January 1, 2004.)
  193. 6513.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The district may allow counties, municipalities, other districts, or governmental agencies to use its property.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6513. It may permit the use of any property of the district by any county or municipality, or any other district or governmental agency. (Amended by Stats. 1944, 4th Ex. Sess., Ch. 53.)
  194. 6514.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The district may acquire, hold, and dispose of property for its purposes, but it cannot condemn property outside its county unless every affected county’s board of supervisors approves by resolution.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6514. It may, for the purposes specified in this part, acquire by purchase, gift, devise, condemnation proceedings, or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the board are necessary or proper to the exercise of its powers, and particularly for the purpose of permitting ingress to and egress from such real or personal property, and pay for and hold them, and it may dispose of such of its property as the board finds to be no longer required for the purposes of the district. The district shall not condemn property outside of the county or counties in which it is located unless the board of supervisors of each county in which such property is located has consented to such acquisition by resolution. (Amended by Stats. 1961, Ch. 1629.)
  195. 6514.1.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    A district may lease unused district property, but leases are limited to 99 years and subject to periodic review; the board must give notice and a hearing before leasing, and may authorize a lease by ordinance if specified findings are made.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6514.1. (a) A district may lease, for a term not exceeding 99 years, subject to periodic review, district property that will not be needed for district purposes during the term of the lease, as a means of providing revenues to the district for the operation and maintenance of sanitary sewer system and waste water treatment and disposal facilities of the district, and to finance the acquisition, construction, and improvement of these facilities. (b) Prior to entering into a lease, the board shall, except as otherwise provided in subdivision (e), publish notice pursuant to Section 6066 of the Government Code of the time and place of the meeting of the board at which the proposed lease will be considered, and at that time and place shall afford all persons present an opportunity to be heard with respect to the proposed lease. (c) If the board finds that the subject property will not be needed by the district and that it is in the best interests of the district and the users of its sanitary sewer system that the lease be entered into, it may, by ordinance setting forth the findings, authorize the lease. The ordinance shall be subject to Article 2 (commencing with Section 9340) of Chapter 4 of Division 9 of the Elections Code. (d) Every lease shall be awarded to the bidder which, in the determination of the legislative body, offers the greatest economic return to the district after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids may be published pursuant to Section 6066, in one or more newspapers of general circulation within the district. (e) If the board makes a finding at a noticed public hearing that the subject property will be used for compatible uses, that it will be of public benefit, and that the term of the lease will not exceed 10 years, subdivisions (c) and (d) shall be optional. (Amended by Stats. 1994, Ch. 923, Sec. 122. Effective January 1, 1995.)
  196. 6515.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The district may make and accept contracts, deeds, releases, and other documents when the board thinks they are necessary or proper for exercising district powers.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6515. It may make and accept contracts, deeds, releases, and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district. (Enacted by Stats. 1939, Ch. 60.)
  197. 6516.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    It may pay lawful claims and demands against it.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6516. It may pay lawful claims and demands against it. (Enacted by Stats. 1939, Ch. 60.)
  198. 6517.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The provision allows the relevant entity to employ and pay necessary agents and assistants.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6517. It may employ and pay necessary agents and assistants. (Enacted by Stats. 1939, Ch. 60.)
  199. 6518.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The district may lay sewers and drains in public streets or roads in the county, but restoration work must be supervised and controlled by the county engineer or road commissioner, follow county standards, and get local consent where required.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6518. It may lay its sewers and drains in any public street or road in the county, and for this purpose enter upon it and make all necessary and proper excavations, restoring it to proper condition. The work of restoring and repairing any such public street or road in the county shall be done under the supervision and control of the county engineer or road commissioner at the cost of the district, and in accordance with the standards established by ordinance of the board of supervisors for restoring and repairing county roads. If the street or road is in a city the consent of the proper city authorities shall first be obtained. If the street or road is in the unincorporated area of the county, the consent of the proper county authorities shall first be obtained. (Amended by Stats. 1953, Ch. 1568.)
  200. 6518.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    This section allows the district to collect waste and garbage.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 1. SANITARY DISTRICT ACT OF 1923 [6400 - 6830] ( Heading of Part 1 amended by Stats. 1939, Ch. 1124. ) ## CHAPTER 4. District Powers [6510 - 6550.26] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Generally [6510 - 6523.3] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 6518.5. It may collect waste and garbage. (Added by Stats. 1939, Ch. 303.)

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