Section § 56821

Explanation

This law allows either the commission or the governing body of any independent special district in a county to start a process through a formal resolution. The resolution can propose two things: first, the idea of having special districts represented on the commission; and second, the removal of rules that impact what special districts do and the services they provide.

Either the commission or the legislative body of any independent special district within a county may adopt a resolution initiating proceedings as follows:
(a)CA Government Code § 56821(a) It may propose representation of special districts upon the commission.
(b)CA Government Code § 56821(b) It may propose the repeal of regulations affecting the functions and services of special districts.

Section § 56821.1

Explanation

When a commission adopts a specific resolution, the executive officer must quickly organize a meeting with a special group called the independent special district selection committee. This meeting should occur between 15 and 35 days after the resolution is passed. The committee will discuss the resolution and, by a majority vote, either agree or disagree with it. If they approve, they inform the executive officer, and the commission moves forward with another resolution. If they reject it, the executive officer is notified, and the process stops.

If the commission adopts a resolution pursuant to subdivision (a) of Section 56821, the executive officer shall immediately call a meeting of the independent special district selection committee referred to in Section 56332. The meeting shall be held not less than 15, or more than 35, days from the adoption of the resolution by the commission. The independent special district selection committee shall meet at the time and place designated by the executive officer and shall consider the resolution adopted by the commission. By majority vote of those district representatives voting on the issue, the selection committee shall either approve or disapprove the resolution adopted by the commission. If the selection committee approves the resolution adopted by the commission, it shall immediately inform the executive officer of that action, and the commission at its next meeting shall adopt a resolution of intention pursuant to Section 56822. If the selection committee disapproves the resolution adopted by the commission, it shall immediately inform the executive officer of this action and all further proceedings under this chapter shall cease.

Section § 56821.3

Explanation

This law requires an independent special district that makes a decision under Section 56821(a) to promptly send a copy of that decision to the executive officer. If more than half of the independent special districts in a county do this within a year of the first notification, then the commission will discuss and decide on moving forward with the next steps at their following regular meeting, according to Section 56822.

If an independent special district adopts a resolution pursuant to subdivision (a) of Section 56821, it shall immediately forward a copy of the resolution to the executive officer. Upon receipt of those resolutions from a majority of independent special districts within a county, adopted by the districts within one year from the date that the first resolution was adopted, the commission, at its next regular meeting, shall adopt a resolution of intention pursuant to Section 56822.

Section § 56821.5

Explanation

If most special districts in a county approve a resolution and submit certified copies to the executive officer, the commission must adopt its own version of that resolution within 35 days.

A certified copy of any resolution which has been adopted by an independent special district pursuant to subdivision (b) of Section 56821 shall be filed with the executive officer. If a resolution, or substantially identical resolution, has been filed by a majority of independent special districts within the county, then, not later than 35 days after the filing, the commission shall adopt a resolution of intention in accordance with the filed resolution or resolutions.

Section § 56822

Explanation

This section explains that when either the commission or independent special districts comply with certain legal steps, they must make a 'resolution of intention.' This resolution declares whether the proceedings were initiated by the commission or specific districts and names them. It also states if they plan to repeal regulations, and whether they will refer these matters to a special district advisory committee. If so, the resolution must describe the regulations to be repealed. Furthermore, it sets a date for a hearing to decide if the proposal will be approved, disapproved, or referred to the advisory committee. Lastly, if the resolution is about representation on the commission, it will go to a special district advisory committee for further action.

Whenever the commission, or the independent special districts, as the case may be, have complied with the applicable provisions of Sections 56821, 56821.1, 56821.3, and 56821.5, the commission shall adopt a resolution of intention pursuant to this section. The resolution of intention shall do all of the following:
(a)CA Government Code § 56822(a) State whether the proceedings are initiated by the commission or by an independent special district or districts, in which case, the names of those districts shall be set forth.
(b)CA Government Code § 56822(b) If the resolution of intention proposes only the repeal of regulations affecting the functions and services of special districts, it shall state that the commission proposes either of the following:
(1)CA Government Code § 56822(b)(1) To consider the proposal without reference to a special district advisory committee, in which case the resolution shall contain the text of the regulations proposed to be repealed.
(2)CA Government Code § 56822(b)(2) To refer the proposal to a special district advisory committee for study, report, and recommendation, in which case the resolution shall include the regulations proposed to be repealed.
In addition, the resolution of intention adopted pursuant to this subdivision shall also fix a time, not less than 15 or more than 35 days after the adoption of the resolution of intention, and the place of hearing by the commission on the question of whether the proposal made by the resolution should be disapproved, approved, and ordered without reference to a special district advisory committee, or referred to a special district advisory committee for study, report, and recommendation to the commission.
(c)CA Government Code § 56822(c) If the resolution of intention proposes representation of special districts on the commission, it shall state that the commission proposes to refer the proposal to a special district advisory committee and the commission shall immediately order the proposal referred to that committee pursuant to Section 56823.

Section § 56822.3

Explanation

If there's a hearing scheduled under a specific part of Section 56822, the responsible official needs to announce the hearing in several ways: publish it in a public source, post notices in designated places, and send mail notifications to the county clerk and all local agencies. Various sections outline the details of each notification method.

If a hearing is called pursuant to subdivision (b) of Section 56822, the executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and 56159, and by mailing to the clerk of the county and each local agency within the county, as provided in Sections 56155, 56156, and 56157.

Section § 56822.5

Explanation

This law section explains that after a scheduled hearing, the commission decides whether to approve, disapprove, or refer a proposal to a special district advisory committee for further analysis. The hearing may proceed as initially planned or be continued to another time and place. The commission's decision will be made through a formal resolution.

The hearing referred to in Section 56822.3 shall be held by the commission at the time and place specified or to which the hearing may be continued. After the conclusion of the hearing, the commission shall adopt a resolution disapproving the proposal made by the resolution of intention, approving and ordering the proposal without reference to a special district advisory committee, or ordering the proposal referred to a special district advisory committee for study, report, and recommendation.

Section § 56823

Explanation

This law explains the process when a proposal is sent to a special district advisory committee for review. The committee's formation and actions should follow certain established guidelines. The committee remains active until the commission decides on its recommendations. The proposal involves changes to the functions of special districts. The text defines key terms: 'plan of reorganization' refers to regulations, while 'proposal of reorganization' involves changes. The 'reorganization committee' is the advisory committee itself, and 'subject district' refers to the affected independent special district.

The commission can allow non-independent special districts to appoint nonvoting members to the advisory committee. These nonvoting members have the same rights as voting members, except they cannot vote.

If the commission orders a proposal referred to a special district advisory committee for study, report, and recommendation, the appointment of, and proceedings by, the advisory committee shall be made and taken substantially in accordance with the provisions of Chapter 6 (commencing with Section 56826), pertaining to reorganization committees, except that the advisory committee shall not be terminated until after the commission acts upon the report and recommendation of the advisory committee. When applied to proceedings taken pursuant to this chapter:
(a)CA Government Code § 56823(a) “Plan of reorganization” means a plan containing the text of regulations affecting the functions and services of special districts.
(b)CA Government Code § 56823(b) “Proposal of reorganization,” “reorganization,” or “change of organization” means a proposal made pursuant to this chapter.
(c)CA Government Code § 56823(c) “Reorganization committee” means the special district advisory committee.
(d)CA Government Code § 56823(d) “Subject district” means an independent special district affected by a proposal made pursuant to this chapter.
If the commission is of the opinion that special districts, other than independent special districts, may be affected by the proposal, then, in addition to the appointment of voting members to the advisory committee to represent independent special districts, the commission may authorize the legislative bodies of special districts, other than independent special districts, to appoint nonvoting members to the advisory committee. Any nonvoting member shall have all of the rights of a voting member except the right to vote.

Section § 56824

Explanation

This law allows a special district advisory committee, with members from more than five independent special districts, to form an executive committee to handle parts of a study. The executive committee can prepare a draft report for the full committee's approval. Voting members decide how many will be on the executive committee, but if there are nonvoting members, they can also join in equal numbers but without voting rights.

Once the executive committee finishes its study and drafts a report, it submits this to the full advisory committee. The full advisory committee has the authority to reject, adopt, or modify the draft report and can even create its own report and recommendations.

Where a special district advisory committee consists of voting members representing more than five independent special districts, the advisory committee may appoint an executive committee to undertake all or part of the study and may authorize the executive committee to prepare a tentative report and recommendation for submission to and approval by the full advisory committee. The executive committee shall consist of the number of voting members as the advisory committee may determine. If the commission authorizes the appointment of nonvoting members to the advisory committee, those nonvoting members may appoint members to the executive committee in numbers not exceeding those appointed by the voting members and any nonvoting member appointed to the executive committee shall have all of the rights of a voting member on the committee, except the right to vote.
Upon completion of the studies of the executive committee, the executive committee shall report to the full advisory committee and submit any tentative report and recommendation prepared by the executive committee. Thereafter, the advisory committee may reject any tentative report and recommendation submitted, may adopt any tentative report and recommendation submitted, either as submitted by the executive committee or as changed by the full advisory committee, or the advisory committee may prepare its own report and recommendation.

Section § 56824.1

Explanation

This law outlines what a commission must do within 35 days after a special district advisory committee submits a report. The commission can either reject the report outright if it only involves repealing regulations or adopt a resolution to hold a hearing. If the report involves requesting special district representation on the commission, the commission must adopt a resolution to approve it. This resolution should detail the report, express the commission's intent to approve it, and set a hearing date within 15 to 35 days.

Not later than 35 days after the filing with the executive officer of the report and recommendation of a special district advisory committee, the commission shall take one of the following actions:
(a)CA Government Code § 56824.1(a) If the report concerns only the repeal of regulations affecting the functions and services of special districts, the commission may do either of the following:
(1)CA Government Code § 56824.1(a)(1) Disapprove the report without further notice and hearing.
(2)CA Government Code § 56824.1(a)(2) Adopt a resolution of intention to hold a hearing on the report pursuant to subdivision (c).
(b)CA Government Code § 56824.1(b) If the report concerns a request for special district representation on the commission, the commission shall adopt a resolution declaring its intention to approve the report and recommendation.
(c)CA Government Code § 56824.1(c) A resolution of intention shall do all of the following:
(1)CA Government Code § 56824.1(c)(1) Refer to the report and recommendation of the special district advisory committee, generally describe the nature and contents of the report and recommendation, and refer to the report and recommendation on file with the executive officer for a detailed description report and recommendation.
(2)CA Government Code § 56824.1(c)(2) Declare the intention of the commission to approve the recommendation and report, as filed.
(3)CA Government Code § 56824.1(c)(3) Fix a time, not less than 15 days, or more than 35 days, after the adoption of the resolution of intention, and the place of hearing by the commission, on the question of whether the report and recommendation filed by the special district advisory committee should be approved, either as filed or as ordered changed by the commission after notice and hearing.

Section § 56824.3

Explanation

This law requires that before a hearing takes place, the executive officer must alert the public and relevant officials through several methods. This includes publishing a notice, posting it in designated areas, and mailing it to the county clerk and local agencies within the county.

The executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and 56159, and by mailing to the clerk of the county and each local agency within the county, as provided in Sections 56155, 56156, and 56157.

Section § 56824.5

Explanation

This section outlines the procedure for a hearing conducted by a commission regarding a report and recommendations. The commission can suggest changes during the hearing, which are then reviewed by a special district advisory committee or its executive committee. The committee has 60 days to give feedback, otherwise, it is assumed to agree with the changes. After the hearing, the commission must decide on the report and recommendations within 30 days, either approving them as they are or with modifications.

The hearing shall be held by the commission at the time and place specified or to which the hearing may be continued. During the course of the hearing, the commission may propose changes in the report and recommendations. Any proposed changes shall be referred, for review, to the special district advisory committee, or if the advisory committee has appointed an executive committee, to that executive committee. The advisory committee, or the executive committee, shall have 60 days to report back to the commission. If no report is received by the commission within 60 days, the advisory committee shall be deemed to have approved the proposed changes in the report and recommendation.
Within 30 days after the conclusion of the hearing, the commission shall adopt a resolution approving the report and recommendation, either as filed or as those regulations may be changed by the commission.

Section § 56824.7

Explanation

When a special district advisory committee's report and recommendations are approved, the following actions must be taken: First, any regulations recommended for repeal by the report have to be canceled. Second, the commission's chairperson must organize and announce a meeting of the independent special district selection committee within 15 days if it's necessary to choose special district representatives as explained in another regulation.

Any resolution approving the report and recommendation of a special district advisory committee, either as filed or as changed by the commission, shall order both of the following:
(a)CA Government Code § 56824.7(a) The repeal of regulations, in accordance with the recommendations of the approved report.
(b)CA Government Code § 56824.7(b) The chairperson of the commission to call and give notice of a meeting of the independent special district selection committee to be held within 15 days after the adoption of the resolution if special district representatives on the commission are to be selected pursuant to Section 56332.