2009 California Government Code - Section 56825-56857 :: Article 2. Reorganization

56825.  The commission shall have the powers and duties set forth in
Part 2 (commencing with Section 56300) and the additional powers and
duties specified in this chapter.

56826.  A reorganization or a plan of reorganization shall provide
for one or more changes of organization of any type for each of the
subject districts and may provide for the formation of one or more
new districts pursuant to the principal act or acts designated in the
reorganization or plan of reorganization and Section 56100.

56826.5.  (a) A proposal for reorganization that includes the
consolidation of two or more special districts not formed pursuant to
the same principal act shall only be approved by the commission if
both the following conditions are met:
   (1) The commission is able to designate a successor or successors,
or form a new district or districts, authorized by their respective
principal acts to deliver all of the services provided by the
consolidating districts at the time of consolidation.
   (2) The commission makes the determinations specified in
subdivision (b) of Section 56881.
   (b) If a proposal for reorganization that includes the
consolidation of two or more special districts not formed pursuant to
the same principal act is initiated by the commission pursuant to
subdivision (a) of Section 56375, it shall only be approved if the
commission has prepared a study pursuant to Section 56378 or the
written statement of determinations specified in subdivision (a) of
Section 56430, and all of the following conditions are met:
   (1) Each of the services provided by the districts subject to the
proposal will be provided by a successor or successors, or by the
formation of a new district authorized under a principal act to
deliver the services. The commission may designate a successor other
than the districts subject to the proposal only if the successor is
currently providing the same service provided by one or more of the
districts subject to the proposal. The commission shall not designate
a city as a successor unless the city contains 70 percent or more of
the area of land within one of the districts subject to the
proposal, or the combined territory of two or more of the districts
subject to the proposal, within its boundaries, and 70 percent or
more of the number of registered voters of the district or the
combined districts who reside within the boundaries of the city.
   (2) The public services costs of the proposal that the commission
is authorizing are likely to be less than or substantially similar to
the costs of alternative means of providing the service.
   (3) The proposal that the commission is approving promotes public
access and accountability for community services needs and financial
resources.

56827.  (a) Except as provided in subdivision (b), upon the
presentation of any petition or applications making a proposal for a
reorganization, the commission may take proceedings pursuant to Part
3 (commencing with Section 56650) without referring the proposal to a
reorganization committee, as provided in this part.
   (b) The commission may refer to a reorganization committee any
incorporation proposal that includes, or may be modified to include,
any of the following changes of organization affecting an independent
special district: consolidation, dissolution, formation, merger, or
establishment of a subsidiary district.

56828.  Before any proposal for reorganization is referred to any
reorganization committee, the commission may provide for a public
hearing on the question of whether the proposal should be disapproved
or referred to a reorganization committee and set a time and place
for that hearing.

56829.  The executive officer shall give notice of that hearing by
publication, as provided in Sections 56153 and 56154, and by posting,
as provided in Sections 56158 and 56159.

56830.  The executive officer shall also give mailed notice of any
hearing, as provided in Sections 56155 to 56157, inclusive, by
mailing notice of hearing to all of the following persons and
entities:
   (a) Each affected city and affected district.
   (b) The chief petitioners, if any.
   (c) Each person who has filed a written request for special notice
with the executive officer.

56831.  The hearing shall be held by the commission on the date and
at the time and place specified in the notice. After the conclusion
of the hearing, the commission shall adopt a resolution doing either
of the following:
   (a) Disapproving the proposal of reorganization.
   (b) Ordering the proposal referred to a reorganization committee
for study, report, and recommendation.

56832.  The commission may accept contributions from any source for
the purpose of paying the expenses of a reorganization committee in
the conduct of its study, report, and recommendation. Any affected
county, affected city, or affected district may make contributions
for that purpose. The commission and any affected county, affected
city, or affected district may make any of its facilities available
for the use of a reorganization committee and may authorize any of
its officers and employees to furnish advice, assistance, or services
to the committee.

56833.  Any resolution adopted by the commission ordering a proposal
of reorganization referred to a reorganization committee shall do
all of the following:
   (a) Describe the proposed reorganization and designate the subject
districts (the description and designation may be by reference to
the proposal).
   (b) Specify the maximum number of members, not to exceed three, to
represent each subject district on the committee.
   (c) Fix a time and place for the first meeting of the
reorganization committee.
   (d) Designate a date, not less than 60 days from the date of the
first meeting of the committee, for the completion and submission to
the commission of the report and recommendation of the committee.

56834.  From time to time during the course of study upon a proposed
plan of reorganization, the commission may do any of the following:
   (a) Extend the time for completion and submission of the report
and recommendation of a reorganization committee.
   (b) Change the scope of the study by the addition or deletion of
territory or subject districts, except that the authority granted to
a commission under this subdivision shall not apply to a change of
organization or reorganization as described in subdivision (a) of
Section 56853.
   (c) Authorize the committee to develop, study, report, and make
recommendations upon alternative plans of reorganization.

56835.  At least 15 days before the date of the first meeting of a
reorganization committee, the executive officer shall mail a copy of
the resolution adopted by the commission to each subject district
designated in the resolution.

56836.  Any person, including, but not limited to, a member of the
legislative body of a subject district and an officer or employee of
the district, may be appointed as a member to represent the district
upon a reorganization committee.

56837.  (a) The legislative body of each affected district shall
appoint one or more members, not to exceed the maximum number
specified by the commission, to represent the district on the
reorganization committee. That legislative body may remove and
replace any member previously appointed by it, and may fill any
vacancy in its membership upon the committee.
   (b) In the case of a reorganization committee created pursuant to
subdivision (b) of Section 56827, the county board of supervisors
shall appoint one or more members, not to exceed the maximum number
specified by the commission, to represent the county on the
reorganization committee. The county board of supervisors may appoint
any person, including, but not limited to, an officer or employee of
the county to represent the county on the reorganization committee.
The county board of supervisors may remove and replace any member
previously appointed by it, and may fill any vacancy in its
membership on the committee.
   (c) In the case of a reorganization committee created pursuant to
subdivision (b) of Section 56827, the commission shall appoint one or
more members to represent the general public on the reorganization
committee. The number of members appointed to represent the general
public shall not exceed the maximum number specified by the
commission to represent the county or each subject district. A member
appointed pursuant to this subdivision shall not be an officer or
employee of any local agency. The commission may remove and replace
any member previously appointed by it, and may fill any vacancy in
its membership on the committee.

56838.  The clerk of a subject district shall give immediate notice
to the executive officer of all appointments and removals made by the
legislative body to a reorganization committee.

56839.  At any time after the date fixed for the first meeting of a
reorganization committee or during the course of the study by the
committee, if the legislative body of any subject district, after
written request by the executive officer, does not appoint any
members to the committee, those members may be appointed by the
commission.

56840.  If, during the course of study upon a proposed plan of
reorganization, the commission authorizes a change in the scope of
the study, the membership of the reorganization committee shall be
immediately changed to exclude representatives of each district or
city for which a change of organization is no longer proposed and to
include representatives of each district or city for which a new
change of organization is proposed.

56841.  Subject to any standards and procedures adopted by
regulation by the commission, a reorganization committee shall
provide for the selection of a presiding officer and secretary either
of whom may but are not required to be members of the committee,
adopt the standards and procedures which it deems advisable, fix the
time and place for meetings of the committee, and determine the
manner and method to be followed by the committee in its study,
report, and recommendation.

56842.  A quorum shall be deemed to be present at a meeting of a
reorganization committee if members representing one-half or more of
the subject districts are present. Each subject district shall be
entitled to one vote at any reorganization committee meeting, which
vote shall be determined by a majority of the members of the district
present at the meeting.

56843.  If a reorganization committee does not complete and submit
its report and recommendation before the date specified by the
commission or, prior to that date, if members of the committee
representing one-half or more of the subject districts report to the
commission that the committee is unable to agree upon the report and
recommendation, the commission may either order the discharge of the
committee, or appoint additional members to the committee, not to
exceed the maximum number authorized for a single subject district,
to represent the public and order the committee, as so enlarged, to
continue its study.

56844.  If the commission orders the discharge of a reorganization
committee, the commission may make a study, report, and
recommendation upon a plan of reorganization in the place of the
reorganization committee.

56845.  If the commission appoints additional members to the
reorganization committee to represent the public and orders the
reorganization committee, as so enlarged, to continue its study, the
additional members shall have all of the rights and powers of members
representing a single subject district, including participation in
all studies, reports, and recommendations, attendance at all
meetings, and the casting of a single vote on behalf of all of the
additional members on any matter before the committee.

56846.  Every officer of any affected county, affected city, or
affected district shall make available to a reorganization committee
any records, reports, maps, data, or other documents which in any way
affect or pertain to the committee's study, report, and
recommendation and shall confer with the committee concerning the
problems and affairs of that county, city, or district.

56847.  Upon completion of the study of a reorganization committee,
the committee shall prepare and submit to the commission a report and
recommendation containing all of the following:
   (a) A brief summary of the nature and extent of the study of the
committee.
   (b) A full and complete description of the plan of reorganization
and any alternative plans of reorganization which were studied by the
committee.
   (c) The recommendation of the committee for the approval or
disapproval of all or any part of the plan of reorganization and of
any alternative plans of reorganization.

56848.  Approval by a reorganization committee of the report and
recommendation shall require the affirmative vote of more than
one-half of the subject districts represented on the reorganization
committee.

56849.  The reorganization committee shall file the original of its
report and recommendation with the executive officer and a copy of
the report and recommendation with the clerk of each subject
district. Upon filing that report and recommendation with the
executive officer, the reorganization committee shall be terminated.
However, the commission may cause the committee to be reconvened at
any time for the sole purpose of correcting or clarifying any error,
omission, or uncertainty appearing in the report and recommendation,
as determined by the commission.

56853.  (a) If a majority of the members of each of the legislative
bodies of two or more local agencies adopt substantially similar
resolutions of application making proposals either for the
consolidation of districts or for the reorganization of all or any
part of the districts into a single local agency, the commission
shall approve, or conditionally approve, the proposal. The commission
shall order the consolidation or reorganization without an election,
except as otherwise provided in subdivision (b) of Section 57081.
   (b) Except as provided in subdivision (d), a commission may order
any material change in the provisions or the terms and conditions of
the consolidation or reorganization, as set forth in the proposals of
the local agencies. The commission shall direct the executive
officer to give each subject agency mailed notice of any change prior
to ordering a change. The commission shall not, without the written
consent of all subject agencies, take any further action on the
consolidation or reorganization for 30 days following that mailing.
Upon written demand by any subject agency, filed with the executive
officer during that 30-day period, the commission shall make
determinations upon the proposals only after notice and hearing on
the proposals. If no written demand is filed, the commission may make
those determinations without notice and hearing. The application of
any provision of this subdivision may be waived by consent of all of
the subject agencies.
   (c) Where the commission has initiated a change of organization or
reorganization affecting more than one special district, the
commission may utilize and is encouraged to utilize a reorganization
committee to review the proposal.
   (d) The commission shall not order a material change in the
provisions of a consolidation or reorganization, as set forth in the
proposals of the local agencies pursuant to subdivision (a), that
would add or delete districts without the written consent of the
applicant local agencies.

56854.  (a) Notwithstanding Sections 57077 and 57107, the commission
shall order (1) the consolidation of districts, (2) dissolution, (3)
merger, or (4) the establishment of a subsidiary district, or (5) a
reorganization that includes any of these changes of organization
without an election, except that an election shall be held in each
affected city or district if there are written protests as follows:
   (1) Where the proposal was not initiated by the commission, and
where an affected city or district has not objected by resolution to
the proposal, a written protest has been submitted that meets the
requirements specified in subdivisions (b) and (c) of Section 57081.
   (2) Where the proposal was not initiated by the commission, and
where an affected city or district has objected by resolution to the
proposal, a written protest has been submitted that meets the
requirements specified in paragraphs (1) and (2) of subdivision (a)
and subdivision (b) of Section 57114.
   (3) Where the proposal was initiated by the commission, and
regardless of whether an affected city or district has objected to
the proposal by resolution, a written protest has been submitted that
meets the requirements of Section 57113.
   (b) Notwithstanding subdivision (a), the commission shall not
order a merger or establishment of a subsidiary district without the
consent of the affected city.
   (c) This section shall not apply to any proposal for a change of
organization or reorganization that is submitted to the commission
before January 1, 2003, where the Goleta Sanitary District or the
Goleta West Sanitary District is an affected district. The
Legislature finds and declares that a special law is necessary and
that a general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution because of
the following special circumstances:
   The voters of the Goleta Sanitary District previously voted
against a proposed consolidation with the Goleta West Sanitary
District by a margin of two to one. More recently, a reorganization
proposal was submitted to the commission in Santa Barbara County that
would have combined the Goleta Sanitary District and the Goleta West
Sanitary District under circumstances where no opportunity for
confirmation by the Goleta Sanitary District voters would be
available. In light of the issues that were raised in connection with
these earlier consolidation and reorganization proposals, a
five-year moratorium on the application of Section 56854 to proposals
affecting the Goleta Sanitary District or the Goleta West Sanitary
District is necessary to ensure an opportunity for voter
confirmation.

56855.  (a) This section shall apply to any proposal which contains
the annexation of territory to a fire protection district which is
organized pursuant to the Fire Protection District Law of 1987, Part
3 (commencing with Section 13800) of Division 12 of the Health and
Safety Code, and the affected territory is or is proposed to be all
or part of a city which is within the fire protection district.
   (b) Prior to the adoption by the local agency formation commission
of a resolution making determinations, the district may request and
the commission shall impose, as a term and condition, a requirement
that the legislative body of the city shall enter into a contract
with the district. The contract shall require:
   (1) That the affected territory shall remain part of the district
for a period of at least 10 years.
   (2) That the city shall pay the cost of services provided by the
district. This payment shall be in amounts and on terms specified in
the contract.
   (3) Any other conditions to which the city and the district
mutually agree.

56856.  (a) The commission shall not approve or conditionally
approve a change of organization or reorganization that would result
in the annexation to a special district of territory that is within a
farmland security zone created pursuant to Article 7 (commencing
with Section 51296) of Chapter 7 of Division 1 if that special
district provides or would provide facilities or services related to
sewers, nonagricultural water, or streets and roads, unless the
facilities or services benefit land uses that are allowed under the
farmland security zone contract and the landowner consents to the
change of organization or reorganization.
   (b) This section shall not apply during the three-year period
preceding the termination of a farmland security zone contract under
Article 7 (commencing with Section 51296) of Chapter 7 of Division 1.

56856.5.  (a) The commission shall not approve or conditionally
approve a change of organization or reorganization that would result
in the annexation to a city or special district of territory that is
subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1), other than a contract entered into pursuant
to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1
of Division 1, if that city or special district provides or would
provide facilities or services related to sewers, nonagricultural
water, or streets and roads to the territory, unless these facilities
or services benefit land uses that are allowed under the contract.
   (b) This section shall not be construed to preclude the annexation
of territory for the purpose of using other facilities or services
provided by the agency that benefit land uses allowable under the
contract.
   (c) Notwithstanding subdivision (a), the commission may
nevertheless approve a change of organization or reorganization if it
finds any of the following:
   (1) The city or county that would administer the contract after
annexation has adopted policies and feasible implementation measures
applicable to the subject territory ensuring the continuation of
agricultural use and other uses allowable under the contract on a
long-term basis.
   (2) The change of organization or reorganization encourages and
provides planned, well-ordered, and efficient urban development
patterns that include appropriate consideration of the preservation
of open-space lands within those urban development patterns.
   (3) The change of organization or reorganization is necessary to
provide services to planned, well-ordered, and efficient urban
development patterns that include appropriate consideration of the
preservation of open-space lands within those urban development
patterns.
   (d) This section shall not apply to territory subject to a
contract for which either of the following applies:
   (1) A notice of nonrenewal has been served pursuant to Section
51245, if the annexing agency agrees that no services will actually
be provided by it for use during the remaining life of the contract
for land uses or activities not allowed under the contract.
   (2) A tentative cancellation has been approved pursuant to Section
51282.

56857.  (a) Upon receipt by the commission of a proposed change of
organization or reorganization that includes the annexation of
territory to any district, if the proposal is not filed by the
district to which annexation of territory is proposed, the executive
officer shall place the proposal on the agenda for the next
commission meeting for information purposes only and shall transmit a
copy of the proposal to any district to which an annexation of
territory is requested.
   (b) No later than 60 days after the date that the proposal is on
the commission's meeting agenda in accordance with subdivision (a),
any district to which annexation of territory is proposed may adopt
and transmit to the commission a resolution requesting termination of
the proceedings. The resolution requesting termination of the
proceedings shall be based upon written findings supported by
substantial evidence in the record that the request is justified by a
financial or service related concern. Prior to the commission's
termination of proceedings pursuant to subdivision (c), the
resolution is subject to judicial review.
   (c) If any district to which annexation of territory is proposed
has adopted and transmitted to the commission a resolution requesting
termination of proceedings within the time period prescribed by, and
in accordance with, subdivision (b), and if the commission has not
been served with notice that judicial review of that resolution is
being sought pursuant to subdivision (b), then the commission shall
terminate the proceedings no sooner than 30 days from receipt of the
resolution from the district.
   (d) For purposes of an annexation to a district pursuant to this
section or Section 56668.3:
   (1) "Financial concerns" means that the proposed uses within the
territory proposed to be annexed do not have the capacity to provide
sufficient taxes, fees, and charges, including connection fees, if
any, to pay for the full cost of providing services, including
capital costs. Cost allocation shall be based on generally accepted
accounting principles and shall be subject to all constitutional and
statutory limitations on the amount of the tax, fee, or charge.
   (2) "Service concerns" means that a district will not have the
ability to provide the services that are the subject of the
application to the territory proposed to be annexed without imposing
level of service reductions on existing and planned future uses in
the district's current service area. "Service concerns" does not
include a situation when a district has the ability to provide the
services or the services will be available prior to the time that
services will be required.
   (3) A district may make findings regarding financial or service
concerns based on information provided in the application and any
additional information provided to the district by the commission or
the applicant that is relevant to determining the adequacy of
existing and planned future services to meet the probable future
needs of the territory. Findings related to service or financial
concerns may be based on an urban water management plan, capital
improvement plan, financial statement, comprehensive annual financial
report, integrated resource management plan, or other information
related to the ability of a district to provide services.
   (4) Nothing in this section shall be construed to create a right
or entitlement to water service or any specific level of water
service.
   (5) Nothing in this section is intended to change existing law
concerning a district's obligation to provide water service to its
existing customers or to any potential future customers.
   (e) This section shall not apply if all districts to which
annexation of territory is proposed have adopted and transmitted to
the commission a resolution supporting the proposed change of
organization or reorganization.