2010-2014

HEALTH AND SAFETY CODE
SECTION 2010-2014




2010.  A new district may be formed pursuant to this article.



2011.  (a) A proposal to form a new district may be made by
petition. The petition shall do all of the things required by Section
56700 of the Government Code. In addition, the petition shall:
   (1) Set forth the methods by which the district will be financed,
including, but not limited to, special taxes, special benefit
assessments, and fees.
   (2) Propose a name for the district.
   (3) Specify the size of the initial board of trustees and the
method of their appointment.
   (b) The petitions, the proponents, and the procedures for
certifying the sufficiency of the petitions shall comply with Chapter
2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5
of the Government Code. In the case of any conflict between Chapter
2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5
of the Government Code and this article, the provisions of this
article shall prevail.
   (c) The petition shall be signed by not less than 25 percent of
the registered voters residing in the area to be included in the
district, as determined by the local agency formation commission.



2012.  (a) Before circulating any petition, the proponents shall
publish a notice of intention that includes a written statement not
to exceed 500 words in length, setting forth the reasons for forming
the district and the methods by which the district will be financed.
The notice shall be published pursuant to Section 6061 of the
Government Code in one or more newspapers of general circulation
within the territory proposed to be included in the district. If the
territory proposed to be included in the district is located in more
than one county, publication of the notice shall be made in at least
one newspaper of general circulation in each of the counties.
   (b) The following shall be signed by a representative of the
proponent, and shall be in substantially the following form:

   "Notice of Intent to Circulate Petition

   "Notice is hereby given of the intention to circulate a petition
proposing to form the _______________ (name of the district). The
reasons for forming the proposed district are: _______________. The
method(s) by which the proposed district will be financed are:
_______________."

   (c) Within five days after the date of publication, the proponents
shall file with the executive officer of the local agency formation
commission of the principal county a copy of the notice together with
an affidavit made by a representative of the newspaper in which the
notice was published certifying to the fact of the publication.
   (d) After the filing required pursuant to subdivision (c), the
petition may be circulated for signatures.



2013.  (a) A proposal to form a new district may also be made by the
adoption of a resolution of application by the legislative body of
any county or city that contains the territory proposed to be
included in the district. Except for the provisions regarding the
signers, signatures, and the proponents, a resolution of application
shall contain all of the matters required for inclusion in a petition
in Section 2011.
   (b) Before adopting a resolution of application, the legislative
body shall hold a public hearing on the resolution. Notice of the
hearing shall be published pursuant to Section 6061 of the Government
Code in one or more newspapers of general circulation within the
county or city. At least 20 days before the hearing, the legislative
body shall give mailed notice of its hearing to the executive officer
of the local agency formation commission of the principal county.
The notice shall generally describe the proposed formation of the
district and the territory proposed to be included in the district.
   (c) At the hearing required by subdivision (b), the legislative
body shall give any person an opportunity to present his or her views
on the resolution.
   (d) The clerk of the legislative body shall file a certified copy
of the resolution of application with the executive officer of the
local agency formation commission of the principal county.




2014.  (a) Once the proponents have filed a sufficient petition or a
legislative body has filed a resolution of application, the local
agency formation commission shall proceed pursuant to Part 3
(commencing with Section 56650) of Division 3 of Title 5 of the
Government Code.
   (b) If the local agency formation commission approves the proposal
for the formation of a district, then, notwithstanding Section 57007
of the Government Code, the commission shall proceed pursuant to
Part 4 (commencing with Section 57000) of Division 3 of Title 5 of
the Government Code.
   (c) Notwithstanding Section 57075 of the Government Code, the
local agency formation commission shall take one of the following
actions:
   (1) If a majority protest exists in accordance with Section 57078
of the Government Code, the commission shall terminate proceedings.
   (2) If no majority protest exists, the commission shall either:
   (A) Order the formation without an election.
   (B) Order the formation subject to the approval by the voters of a
special tax or the approval by the property owners of a special
benefit assessment.
   (d) If the local agency formation commission orders the formation
of a district pursuant to subparagraph (B) of paragraph (2) of
subdivision (c), the commission shall direct the board of supervisors
to direct county officials to conduct the necessary elections on
behalf of the proposed district.