General ProvisionsFormation
Section § 61010
This law states that under certain rules in this chapter, a new district can be created.
Section § 61011
If you want to create a new district, you can start with a petition. This petition must outline everything required by Section 56700 and include specific details like the services the new district will offer, how it'll finance those services through taxes or fees, a proposed name for the district, and how the board of directors will be chosen. At least 25% of registered voters in the proposed district area must sign this petition. The rules for petitions and checking their validity follow certain guidelines, with this law's rules taking precedence if there's any conflict.
Section § 61012
If you're starting a new district in California, you must first publish a detailed notice explaining why you're forming the district, what services it will offer, and how it'll be funded. This notice can't be longer than 500 words and must appear in newspapers that people in the proposed district area read. If your district covers more than one county, you need to publish the notice in at least one county paper for each county involved.
The notice has to be signed by one or more of the project supporters and should follow a specific format, clearly stating the intent to start collecting petition signatures for the new district.
Within five days of publishing the notice, you need to send a copy along with a proof of publication to the local agency's executive officer in the main county involved. Once you complete this filing, you can start gathering signatures for your petition.
Section § 61013
This law explains how a new district can be formed in California. A county, city, or special district can propose forming a new district by passing a resolution. This resolution must include everything that a petition would, but doesn't need signers. Before passing the resolution, the legislative body must hold a public hearing and notify the public and relevant officials about it. They need to publish the hearing notice in a newspaper widely read in the area. At least 20 days before the hearing, the legislative body must send notice to the local agency formation commission's executive officer. After passing the resolution, the clerk must file a certified copy with the commission's executive officer.
Section § 61014
This law outlines the process and conditions for forming a new district through a local agency formation commission. First, the commission reviews petitions or resolutions and follows specific procedures. A district cannot be approved unless it has enough funding to function. If not, the formation is contingent upon voters approving special taxes or assessments to provide the needed revenue. If voters or property owners reject these, the district will not be created.
If the proposal is approved, further procedures follow for establishing the district. A significant opposition (majority protest) will terminate proceedings. Without significant opposition, the district's creation is subject to voter approval, either as a standalone decision or tied to approving new taxes or assessments. If formation is ordered, elections must be held to finalize this process.
Section § 61014.5
This law lets Monterey County skip the usual election process when creating the East Garrison Community Services District if there are no voters or landowners who aren't government entities. The local agency can go ahead and form the district and have the Monterey County Board of Supervisors choose the first board members.