40100-40104

HEALTH AND SAFETY CODE
SECTION 40100-40104




40100.  Except as provided in Section 40100.5, a county board of
supervisors shall be ex officio the county district board of the
county.


40100.5.  (a) The membership of the governing board of each county
district shall include (1) one or more members who are mayors, city
council members, or both, and (2) one or more members who are county
supervisors.
   (b) The number of those members and their composition shall be
determined jointly by the county and the cities within the district,
and shall be approved by the county, and by a majority of the cities
that contain a majority of the population in the incorporated area of
the district.
   (c) The governing board shall reflect, to the extent feasible and
practicable, the geographic diversity of the district and the
variation of population between the cities in the district.
   (d) (1) The members of the governing board who are mayors or city
council members shall be selected by the city selection committee.
When selecting a member of the governing board, the city selection
committee may also select a mayor or another city council member as
an alternate to serve and vote in place of the member who is absent
or disqualified from participating.
   (2) In districts where the county and the cities have agreed that
each city shall be represented on the governing board, each city
shall select its own representative to the governing board. When
selecting a member of the governing board, each city may also select
its mayor or another city council member as an alternate to serve and
vote in place of the member who is absent or is disqualified from
participating.
   (3) The members of the governing board who are county supervisors
shall be selected by the county.
   (e) This section does not apply to any district in which the
population of the incorporated area of the county is 35 percent or
less of the total county population, as determined by the district on
June 30, 1994, or to a county district having a population of more
than 2,500,000 as of June 30, 1990.
   (f) If a district fails to comply with subdivisions (a) and (b),
the membership of the governing board shall be determined as follows:
   (1) In districts in which the population in the incorporated areas
represents between 36 and 50 percent of the total county population,
one-third of the members of the governing board shall be mayors or
city council members, and two-thirds shall be county supervisors.
   (2) In districts in which the population in the incorporated areas
represents more than 50 percent of the total county population,
one-half of the members of the governing board shall be mayors or
city council members, and one-half shall be county supervisors.
   (3) The number of those members shall be determined as provided in
subdivision (b), and the members shall be selected pursuant to
subdivision (d).
   (4) For purposes of paragraphs (1) and (2), if any number that is
not a whole number results from the application of the term
"one-third," "one-half," or "two-thirds," the number of county
supervisors shall be increased to the nearest integer, and the number
of mayors or city council members decreased to the nearest integer.




40100.7.  (a) Section 40100.5 shall not apply to a county district
if each city in the county consents, by the adoption of an ordinance
or resolution, to the exclusion of the county district from the
requirements of Section 40100.5.
   (b) Within 60 days from the date of the adoption of an ordinance
or resolution by all cities in the county to exclude the county
district from the requirements of Section 40100.5, if requested by a
majority of the cities in the county, the county district shall
establish an advisory committee consisting of a mayor, or a city
council member, from each city in the county. The members shall be
selected by the city selection committee.
   (c) Subdivision (a) shall become inapplicable, and Section 40100.5
shall apply, if, at any time after the condition prescribed in
subdivision (a) has been met, a majority of the cities which contain
a majority of the population in the incorporated areas of the county,
as established by the most recent census data, have adopted
resolutions requesting the application of Section 40100.5.



40101.  (a) (1) The board of supervisors of a county in which a
county district is functioning may appropriate funds to the county
district, which funds shall be deposited in the treasury of the
county district.
   (2) All such appropriations are legal charges against the county.
   (b) A county district may contract, by a memorandum of
understanding, joint powers agreement, or other agreement, with the
county in which the county district is functioning, to provide
facilities and administrative, legal, health coverage, risk
management, clerical, and other support services, including, but not
limited to, those facilities and services that the county provided to
the county district prior to July 1, 1994.



40102.  A county district which is included entirely within another
district created by special law, or pursuant to Chapter 5 (commencing
with Section 40300), shall cease to function and exercise its powers
upon the date the other district commences to function and exercise
its powers.


40103.  When a county district ceases to function and exercise its
powers because it is included entirely within a regional district
created pursuant to Chapter 5 (commencing with Section 40300), the
regional district shall succeed to all the funds, property, and
obligations of the county district.
   Where the county district is included within two or more such
regional districts, the funds, property, and obligations of the
county district shall be apportioned to the regional districts as
agreed upon by the regional districts and county district.



40104.  Notwithstanding any other provision of law, a county may
delegate air pollution rulemaking and enforcement duties to a duly
created joint powers authority established for air pollution control
purposes of which the county is a member.