reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56826.5.

56826.5. (a) A proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act shall only be approved by the commission if both the following conditions are met:
(1) The commission is able to designate a successor or successors, or form a new district or districts, authorized by their respective principal acts to deliver all of the services provided by the consolidating districts at the time of consolidation.
(2) The commission makes the determinations specified in subdivision (b) of Section 56881.
(b) If a proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act is initiated by the commission pursuant to subdivision (a) of Section 56375, it shall only be approved if the commission has prepared a study pursuant to Section 56378 or the written statement of determinations specified in subdivision (a) of Section 56430, and all of the following conditions are met:
(1) Each of the services provided by the districts subject to the proposal will be provided by a successor or successors, or by the formation of a new district authorized under a principal act to deliver the services. The commission may designate a successor other than the districts subject to the proposal only if the successor is currently providing the same service provided by one or more of the districts subject to the proposal. The commission shall not designate a city as a successor unless the city contains 70 percent or more of the area of land within one of the districts subject to the proposal, or the combined territory of two or more of the districts subject to the proposal, within its boundaries, and 70 percent or more of the number of registered voters of the district or the combined districts who reside within the boundaries of the city.
(2) The public services costs of the proposal that the commission is authorizing are likely to be less than or substantially similar to the costs of alternative means of providing the service.
(3) The proposal that the commission is approving promotes public access and accountability for community services needs and financial resources.
(Amended by Stats. 2007, Ch. 98, Sec. 6. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56827.

56827. (a) Except as provided in subdivision (b), upon the presentation of any petition or applications making a proposal for a reorganization, the commission may take proceedings pursuant to Part 3 (commencing with Section 56650) without referring the proposal to a reorganization committee, as provided in this part.
(b) The commission may refer to a reorganization committee any incorporation proposal that includes, or may be modified to include, any of the following changes of organization affecting an independent special district: consolidation, dissolution, formation, merger, or establishment of a subsidiary district.
(c) If the commission has initiated a change of organization or reorganization that affects more than one special district, the commission may, and is encouraged to, utilize a reorganization committee to review the proposal.
(Amended by Stats. 2012, Ch. 62, Sec. 7. (AB 2698) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56828.

56828. Before any proposal for reorganization is referred to any reorganization committee, the commission may provide for a public hearing on the question of whether the proposal should be disapproved or referred to a reorganization committee and set a time and place for that hearing.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 135. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56829.

56829. The executive officer shall give notice of that hearing by publication, as provided in Sections 56153 and 56154, and by posting, as provided in Sections 56158 and 56159.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 138. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56830.

56830. The executive officer shall also give mailed notice of any hearing, as provided in Sections 56155 to 56157, inclusive, by mailing notice of hearing to all of the following persons and entities:
(a) Each affected city and affected district.
(b) The chief petitioners, if any.
(c) Each person who has filed a written request for special notice with the executive officer.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 140. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56831.

56831. The hearing shall be held by the commission on the date and at the time and place specified in the notice. After the conclusion of the hearing, the commission shall adopt a resolution doing either of the following:
(a) Disapproving the proposal of reorganization.
(b) Ordering the proposal referred to a reorganization committee for study, report, and recommendation.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 142. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56832.

56832. The commission may accept contributions from any source for the purpose of paying the expenses of a reorganization committee in the conduct of its study, report, and recommendation. Any affected county, affected city, or affected district may make contributions for that purpose. The commission and any affected county, affected city, or affected district may make any of its facilities available for the use of a reorganization committee and may authorize any of its officers and employees to furnish advice, assistance, or services to the committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 144. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56833.

56833. Any resolution adopted by the commission ordering a proposal of reorganization referred to a reorganization committee shall do all of the following:
(a) Describe the proposed reorganization and designate the subject districts (the description and designation may be by reference to the proposal).
(b) Specify the maximum number of members, not to exceed three, to represent each subject district on the committee.
(c) Fix a time and place for the first meeting of the reorganization committee.
(d) Designate a date, not less than 60 days from the date of the first meeting of the committee, for the completion and submission to the commission of the report and recommendation of the committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 146. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56834.

56834. From time to time during the course of study upon a proposed plan of reorganization, the commission may do any of the following:
(a) Extend the time for completion and submission of the report and recommendation of a reorganization committee.
(b) Change the scope of the study by the addition or deletion of territory or subject districts, except that the authority granted to a commission under this subdivision shall not apply to a change of organization or reorganization as described in subdivision (a) of Section 56853.
(c) Authorize the committee to develop, study, report, and make recommendations upon alternative plans of reorganization.
(Amended by Stats. 2001, Ch. 667, Sec. 14. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56835.

56835. At least 15 days before the date of the first meeting of a reorganization committee, the executive officer shall mail a copy of the resolution adopted by the commission to each subject district designated in the resolution.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 153. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56836.

56836. Any person, including, but not limited to, a member of the legislative body of a subject district and an officer or employee of the district, may be appointed as a member to represent the district upon a reorganization committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 155. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56837.

56837. (a) The legislative body of each affected district shall appoint one or more members, not to exceed the maximum number specified by the commission, to represent the district on the reorganization committee. That legislative body may remove and replace any member previously appointed by it, and may fill any vacancy in its membership upon the committee.
(b) In the case of a reorganization committee created pursuant to subdivision (b) of Section 56827, the county board of supervisors shall appoint one or more members, not to exceed the maximum number specified by the commission, to represent the county on the reorganization committee. The county board of supervisors may appoint any person, including, but not limited to, an officer or employee of the county to represent the county on the reorganization committee. The county board of supervisors may remove and replace any member previously appointed by it, and may fill any vacancy in its membership on the committee.
(c) In the case of a reorganization committee created pursuant to subdivision (b) of Section 56827, the commission shall appoint one or more members to represent the general public on the reorganization committee. The number of members appointed to represent the general public shall not exceed the maximum number specified by the commission to represent the county or each subject district. A member appointed pursuant to this subdivision shall not be an officer or employee of any local agency. The commission may remove and replace any member previously appointed by it, and may fill any vacancy in its membership on the committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 157. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56838.

56838. The clerk of a subject district shall give immediate notice to the executive officer of all appointments and removals made by the legislative body to a reorganization committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 159. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56839.

56839. At any time after the date fixed for the first meeting of a reorganization committee or during the course of the study by the committee, if the legislative body of any subject district, after written request by the executive officer, does not appoint any members to the committee, those members may be appointed by the commission.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 161. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56840.

56840. If, during the course of study upon a proposed plan of reorganization, the commission authorizes a change in the scope of the study, the membership of the reorganization committee shall be immediately changed to exclude representatives of each district or city for which a change of organization is no longer proposed and to include representatives of each district or city for which a new change of organization is proposed.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 164. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56841.

56841. Subject to any standards and procedures adopted by regulation by the commission, a reorganization committee shall provide for the selection of a presiding officer and secretary either of whom may but are not required to be members of the committee, adopt the standards and procedures which it deems advisable, fix the time and place for meetings of the committee, and determine the manner and method to be followed by the committee in its study, report, and recommendation.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 167. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56842.

56842. A quorum shall be deemed to be present at a meeting of a reorganization committee if members representing one-half or more of the subject districts are present. Each subject district shall be entitled to one vote at any reorganization committee meeting, which vote shall be determined by a majority of the members of the district present at the meeting.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 169. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56843.

56843. If a reorganization committee does not complete and submit its report and recommendation before the date specified by the commission or, prior to that date, if members of the committee representing one-half or more of the subject districts report to the commission that the committee is unable to agree upon the report and recommendation, the commission may either order the discharge of the committee, or appoint additional members to the committee, not to exceed the maximum number authorized for a single subject district, to represent the public and order the committee, as so enlarged, to continue its study.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 175. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56844.

56844. If the commission orders the discharge of a reorganization committee, the commission may make a study, report, and recommendation upon a plan of reorganization in the place of the reorganization committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 177. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56845.

56845. If the commission appoints additional members to the reorganization committee to represent the public and orders the reorganization committee, as so enlarged, to continue its study, the additional members shall have all of the rights and powers of members representing a single subject district, including participation in all studies, reports, and recommendations, attendance at all meetings, and the casting of a single vote on behalf of all of the additional members on any matter before the committee.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 182. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56846.

56846. Every officer of any affected county, affected city, or affected district shall make available to a reorganization committee any records, reports, maps, data, or other documents which in any way affect or pertain to the committee’s study, report, and recommendation and shall confer with the committee concerning the problems and affairs of that county, city, or district.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 184. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56847.

56847. Upon completion of the study of a reorganization committee, the committee shall prepare and submit to the commission a report and recommendation containing all of the following:
(a) A brief summary of the nature and extent of the study of the committee.
(b) A full and complete description of the plan of reorganization and any alternative plans of reorganization which were studied by the committee.
(c) The recommendation of the committee for the approval or disapproval of all or any part of the plan of reorganization and of any alternative plans of reorganization.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 186. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56848.

56848. Approval by a reorganization committee of the report and recommendation shall require the affirmative vote of more than one-half of the subject districts represented on the reorganization committee.
(Added by Stats. 2000, Ch. 761, Sec. 187. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56849.

56849. The reorganization committee shall file the original of its report and recommendation with the executive officer and a copy of the report and recommendation with the clerk of each subject district. Upon filing that report and recommendation with the executive officer, the reorganization committee shall be terminated. However, the commission may cause the committee to be reconvened at any time for the sole purpose of correcting or clarifying any error, omission, or uncertainty appearing in the report and recommendation, as determined by the commission.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 191. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56853.

56853. (a) If a majority of the members of each of the legislative bodies of two or more local agencies adopt substantially similar resolutions of application making proposals either for the consolidation of districts or for the reorganization of all or any part of the districts into a single local agency, the commission shall approve, or conditionally approve, the proposal.
(b) Except as provided in subdivision (c), a commission may order any material change in the provisions or the terms and conditions of the consolidation or reorganization, as set forth in the proposals of the local agencies. The commission shall direct the executive officer to give each subject agency mailed notice of any change prior to ordering a change. The commission shall not, without the written consent of all subject agencies, take any further action on the consolidation or reorganization for 30 days following that mailing. Upon written demand by any subject agency, filed with the executive officer during that 30-day period, the commission shall make determinations upon the proposals only after notice and hearing on the proposals. If no written demand is filed, the commission may make those determinations without notice and hearing. The application of any provision of this subdivision may be waived by consent of all of the subject agencies.
(c) The commission shall not order a material change in the provisions of a consolidation or reorganization, as set forth in the proposals of the local agencies pursuant to subdivision (a), that would add or delete districts without the written consent of the applicant local agencies.
(Amended by Stats. 2012, Ch. 62, Sec. 8. (AB 2698) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56855.

56855. (a) This section shall apply to any proposal which contains the annexation of territory to a fire protection district which is organized pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code, and the affected territory is or is proposed to be all or part of a city which is within the fire protection district.
(b) Prior to the adoption by the local agency formation commission of a resolution making determinations, the district may request and the commission shall impose, as a term and condition, a requirement that the legislative body of the city shall enter into a contract with the district. The contract shall require:
(1) That the affected territory shall remain part of the district for a period of at least 10 years.
(2) That the city shall pay the cost of services provided by the district. This payment shall be in amounts and on terms specified in the contract.
(3) Any other conditions to which the city and the district mutually agree.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 202. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56856.

56856. (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a special district of territory that is within a farmland security zone created pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Division 1 if that special district provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the facilities or services benefit land uses that are allowed under the farmland security zone contract and the landowner consents to the change of organization or reorganization.
(b) This section shall not apply during the three-year period preceding the termination of a farmland security zone contract under Article 7 (commencing with Section 51296) of Chapter 7 of Division 1.
(Repealed and added by Stats. 2000, Ch. 761, Sec. 204. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 2 - Reorganization › Section 56856.5.

56856.5. (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city or special district of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1), other than a contract entered into pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, if that city or special district provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract.
(b) This section shall not be construed to preclude the annexation of territory for the purpose of using other facilities or services provided by the agency that benefit land uses allowable under the contract.
(c) Notwithstanding subdivision (a), the commission may nevertheless approve a change of organization or reorganization if it finds any of the following:
(1) The city or county that would administer the contract after annexation has adopted policies and feasible implementation measures applicable to the affected territory ensuring the continuation of agricultural use and other uses allowable under the contract on a long-term basis.
(2) The change of organization or reorganization encourages and provides planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns.
(3) The change of organization or reorganization is necessary to provide services to planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns.
(d) This section shall not apply to territory subject to a contract for which either of the following applies:
(1) A notice of nonrenewal has been served pursuant to Section 51245, if the annexing agency agrees that no services will actually be provided by it for use during the remaining life of the contract for land uses or activities not allowed under the contract.
(2) A tentative cancellation has been approved pursuant to Section 51282.
(Amended by Stats. 2018, Ch. 86, Sec. 10. (AB 3254) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56859.

56859. Proceedings for the formation of a district shall be conducted as authorized in the principal act of the district proposed to be formed and Section 56100.
(Added by Stats. 2000, Ch. 761, Sec. 208. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56860.

56860. If a proposal for formation of a new district is made by petition, the petition shall comply with the signature requirements and content of a petition for formation of the district as set forth in the principal act under which the new district is proposed to be formed.
(Added by Stats. 2000, Ch. 761, Sec. 208. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56860.5.

56860.5. If a petition is for consolidation of districts or formation of a new district, the petition may propose a name for the new or consolidated district.
(Added by Stats. 2000, Ch. 761, Sec. 208. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56861.

56861. (a) Within 10 days after receiving a proposal to form a subsidiary district, the executive officer shall notify by certified mail the district or districts which are the subject of the proposal.
(b) Within 35 days after receiving the notice from the executive officer, the board of directors of the subject district or districts may do either of the following:
(1) Adopt a resolution consenting to the subsidiary district proposal, with or without requesting additional terms and conditions.
(2) Adopt a resolution of intention to file an alternative proposal to the subsidiary district proposal.
(c) Any resolution adopted under paragraph (1) or (2) of subdivision (b) shall immediately be filed with the executive officer.
(Added by Stats. 2000, Ch. 761, Sec. 208. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56862.

56862. (a) If a district files a resolution of intention to file an alternative proposal pursuant to paragraph (2) of subdivision (b) of Section 56861, the executive officer shall take no further action on the original proposal to form a subsidiary district for a period of 70 days. During this period, the district which has filed a resolution of intention shall prepare and submit a completed application for the alternative proposal in a form similar to the original proposal, as prescribed by the commission.
(b) A district which has filed a resolution of intention to file an alternative proposal but which does not file a completed application within the prescribed time period, shall be deemed to have consented to the original proposal to form a subsidiary district.
(c) After receiving an alternative proposal, the executive officer shall analyze and report on both the original proposal and the alternative proposal concurrently and set both for hearing by the commission in order that both proposals may be considered simultaneously at a single hearing.
(d) “Alternative proposal,” as used in this section, means an alternative proposal to a subsidiary district proposal as provided for in Section 56861.
(Added by Stats. 2000, Ch. 761, Sec. 208. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 3 - Formation › Section 56863.

56863. (a) Within 35 days following the conclusion of a hearing on an original and an alternative proposal to form a subsidiary district, the commission shall adopt its resolution of determination, which shall do one of the following:
(1) Deny both the original proposal and the alternative proposal.
(2) Approve one proposal and deny the other.
(b) “Alternative proposal,” as used in this section, means an alternative proposal to a subsidiary district proposal as provided for in Section 56861.
(Amended by Stats. 2001, Ch. 667, Sec. 16. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56864.

56864. Petitions for the annexation of territory to, or detachment of territory from, a district shall be signed as follows:
(a) For a registered voter district, by any of the following:
(1) Not less than 25 percent of the registered voters within the affected territory.
(2) Not less than 25 percent of the number of landowners within the affected territory who also own not less than 25 percent of the assessed value of land within the territory.
(b) For a landowner-voter district, by not less than 25 percent of the number of landowners owning land within the affected territory who also own not less than 25 percent of the assessed value of land within the territory.
(Amended by Stats. 2011, Ch. 300, Sec. 72. (AB 1430) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56864.1.

56864.1. (a) A petition for reorganization shall be signed so as to comply with the applicable signature requirements of this article with respect to each of the various changes proposed in the petition.
(b) If a proposal for reorganization includes a proposal for the formation of a new district, the petition shall comply with the signature requirements, if any, of a petition for formation of the district, as set forth in the principal act designated in the petition for formation, and if there are no such requirements, then the requirements of this part pertaining to dissolution.
(c) If a proposal for reorganization includes incorporation, the petition shall comply with the signature requirements for incorporation.
(Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56864.3.

56864.3. If a person is qualified to sign for two or more of the changes of organization proposed by the petition, that person need sign the petition only once and his or her signature shall be counted as if that person had signed and requested each change of organization.
(Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56865.

56865. Petitions for the consolidation of two or more districts shall be signed as follows:
(a) For registered voter districts, by not less than 5 percent of the registered voters within each of the several districts.
(b) For landowner-voter districts, by landowner-voters within each of the several districts constituting not less than 5 percent of the number of landowner-voters owning land within each of the several districts and who also own not less than 5 percent of the assessed value of land within each of the several districts.
(Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56866.

56866. Petitions for a merger of a district which overlaps a city, or for the establishment of the district as a subsidiary district of the city, shall be signed as follows:
(a) For a registered voter district, by either of the following:
(1) Five percent of the registered voters of the district.
(2) Five percent of the registered voters residing within the territory of the city outside the boundaries of the district.
(b) For a landowner-voter district, by either of the following:
(1) Five percent of the number of landowner-voters within the district who also own not less than 5 percent of assessed value of land within the district.
(2) Five percent of the registered voters residing within the territory of the city outside the boundaries of the district.
(Amended by Stats. 2013, Ch. 87, Sec. 5. (AB 1427) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56870.

56870. Except as otherwise provided in Section 56871, petitions for the dissolution of a district shall be signed as follows:
(a) For registered voter districts, by either of the following:
(1) Not less than 10 percent of the registered voters within the district.
(2) Not less than 10 percent of the number of landowners within the district who also own not less than 10 percent of the assessed value of land within the district.
(b) For landowner-voter districts, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district.
(Amended by Stats. 2013, Ch. 87, Sec. 6. (AB 1427) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 4 - Initiation by Petition › Section 56871.

56871. A petition for the dissolution of a registered voter district, signed by three or more registered voters within the district or by three or more landowners within a landowner-voter district, shall be deemed to be a sufficient petition, if, in addition to the matters required by Section 56700, the petition recites that the district has been in existence for at least three years and states, on information and belief, that the corporate powers of the district have not been used and that one or more of the following conditions have existed or now exist:
(a) That during the three-year period preceding the date of the first signature upon the petition any of the following events have not occurred:
(1) There has not been a duly selected and acting quorum of the board of directors of the district.
(2) The board of directors has not furnished or provided services or facilities of substantial benefit to residents, landowners, or property within the district.
(3) The board of directors has not levied or fixed and collected any taxes, assessments, service charges, rentals, or rates or expended the proceeds of those levies or collections for district purposes.
(b) That during the one-year period preceding the date of the first signature upon the petition a quorum of the duly selected and acting board of directors has not met for the purpose of transacting district business.
(c) That, upon the date of the first signature upon the petition, the district had no assets, other than money in the form of cash, investments, or deposits.
(Added by Stats. 2000, Ch. 761, Sec. 209. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 5 - Miscellaneous › Section 56875.

56875. If any sufficient petition or resolution of application shall propose, as a part of the petition or resolution of application, that the district shall furnish gas or electric service, as provided in Sections 56129 to 56131, inclusive, a certified copy of the report of the Public Utilities Commission shall be on file with the executive officer prior to setting that petition or resolution for public hearing by the commission.
(Added by Stats. 2000, Ch. 761, Sec. 210. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 5 - Miscellaneous › Section 56876.

56876. In any order approving a proposal for an annexation to, or detachment from, a district, the commission may determine that any election called upon the question of confirming an order for the annexation or detachment shall be called, held, and conducted upon that question under either of the following conditions:
(a) Only within the territory ordered to be annexed or detached.
(b) Both within the territory ordered to be annexed or detached and within all or any part of the district which is outside of the territory.
(Added by Stats. 2000, Ch. 761, Sec. 210. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 5 - Miscellaneous › Section 56877.

56877. When a change of organization or a reorganization includes the annexation of inhabited territory to a district and the assessed value of land within the territory equals one-half or more of the assessed value of land within the district, or the number of registered voters residing within the territory equals one-half or more of the number of registered voters residing within the district, the commission may determine as a condition of the proposal that the change of organization or reorganization shall also be subject to confirmation by the voters in an election to be called, held, and conducted within the territory of the district to which annexation is proposed.
(Added by Stats. 2001, Ch. 667, Sec. 17. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 3 - COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 5 - Proceedings for Special Districts › ARTICLE 6 - Inactive Special Districts › Section 56879.

56879. (a) On or before November 1, 2018, and every year thereafter, the Controller shall create a list of special districts that are inactive, as defined in Section 56042, based upon the financial reports received by the Controller pursuant to Section 53891. The Controller shall publish the list of inactive districts on the Controller’s internet website. The Controller shall also notify the commission in the county or counties in which the district is located if the Controller has included the district in this list.
(b)  The commission shall initiate dissolution of inactive districts by resolution within 90 days of receiving notification from the Controller pursuant to subdivision (a), unless the commission determines that the district does not meet the criteria set forth in Section 56042. The commission shall notify the Controller if the commission determines that a district does not meet the criteria set forth in Section 56042.
(c) The commission shall dissolve inactive districts. The commission shall hold one public hearing on the dissolution of an inactive district pursuant to this section no more than 90 days following the adoption of the resolution initiating dissolution. The dissolution of an inactive district shall not be subject to any of the following:
(1) Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4.
(2) Determinations pursuant to subdivision (b) of Section 56881.
(3) Requirements for commission-initiated changes of organization described in paragraph (3) of subdivision (a) of Section 56375.
(4) Sections 99 and 99.01 of the Revenue and Taxation Code.
(Amended by Stats. 2021, Ch. 31, Sec. 13. (AB 1581) Effective January 1, 2022.)