HomeMy WebLinkAboutMINUTES - 06092015 - C.42RECOMMENDATION(S):
ADOPT an "Oppose" position on SB 239 (Hertzberg), as amended: Local Services: Contracts: Fire Protection
Services, a bill that would establish local agency formation commission proceedings to consider the exercise of new
or extended fire protection services outside a public agency's current service area by contract or agreement, as
recommended by the Legislation Committee.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At its May 7, 2015 meeting, the Legislation Committee considered and accepted the recommendation from the
Contra Costa County Fire Chief to recommend a position of "Oppose" to the Board of Supervisors on SB 239.
Introduced: 02/17/2015
Last Amend: 04/23/2015
Disposition: Pending
Committee: Senate Appropriations Committee
Hearing: 05/18/2015 10:00 am, John L. Burton Hearing Room (4203)
Status: 04/29/2015 From SENATE Committee on GOVERNANCE AND FINANCE: Do pass to Committee on
APPROPRIATIONS.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/09/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 9, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 42
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:June 9, 2015
Contra
Costa
County
Subject:SB 239 (Hertzberg) Local Services: Contracts: Fire Protection Services
BACKGROUND: (CONT'D)
Background
The Cortese-Knox-Hertzberg Local Government Reorganization Act delegates the Legislature's power to control
the boundaries of cities and special districts to local agency formation commissions (LAFCOs). The Act requires
that cities and districts must get a LAFCO's written approval before they can serve territory outside their
boundaries (AB 1553, Gotch, 1993). However, LAFCO approval is not required for contracts or agreements
solely involving two or more public agencies where the public service to be provided is an alternative to, or
substitute for, public services already being provided by an existing public service provider and where the level of
service to be provided is consistent with the level of service contemplated by the exiting service provider.
State law allows cities and fire protection districts to contract with a county to provide fire protection services
within the local agency's jurisdiction. Similarly, local governments may contract with the California Department
of Forestry and Fire Protection (CAL FIRE) to provide fire protection services. CAL FIRE is providing fire
protection services within nearly 150 local jurisdictions pursuant to cooperative agreements.
Some of these contracts and cooperative agreements result in a local department shifting all responsibility for
providing fire protections services to a county or CAL FIRE, while others supplement existing local fire services
with additional services provided by a county or CAL FIRE. However, because these contracts and agreements
solely involve public agencies and existing services, they are not subject to LAFCO approval.
In some communities that recently entered into contracts or agreements that shifted the responsibility for
providing fire protection services from one public agency to another, the agreements have generated controversy
while failing to produce anticipated cost savings and administrative efficiencies. As a result, firefighters' labor
union officials want the Legislature to require LAFCOs to give fire protection service contracts and agreements
more scrutiny than is required under current law.
Proposed Law
Senate Bill 239 requires a public agency to obtain a LAFCO's approval to provide new or extended services under
a fire protection reorganization contract, pursuant to a specified approval process.
SB 239 defines a "fire protection reorganization contract" as a contract or agreement that:
* Is for the exercise of new or extended fire protection services outside a public agency's current service area;
* Is executed pursuant to specified statutes allowing local governments and CALFIRE to enter into fire protection
service contracts and agreements; and,
* Does either of the following:
o Transfers responsibility for providing services in more than 25% of the service area of any public agency
affected by the contract or agreement.
o Changes the employment status of more than 25% of the employees of any public agency affected by the
contract or agreement.
SB 239 applies the definition of a fire protection reorganization contract to a contract or agreement that, in
combination with other contracts or agreements, meets the bill's definition of a fire protection contract.
SB 239 requires a public agency to initiate a request for commission approval of services provided under a fire
protection reorganization contract by adopting a resolution of application as follows:
* The legislative body of a public agency that is not a state agency must adopt a resolution of application
proposing to provide new or extended services outside the public agency's current service area.
* The director of a state agency must initiate an application, which must be approved by the Governor.
SB 239 requires that the legislative body of a public agency or the director of a state agency must do all of the
following before submitting a resolution of application to the commission:
* Obtain and submit with the resolution a written agreement validated and executed by each affected public
agency and recognized employee organization that represents firefighters of the existing and proposed service
providers consenting to the proposed change of organization.
* Conduct an open and public hearing on the resolution.
SB 239 requires that a proposal for a change of organization must be submitted with a plan for services prepared
pursuant to specified statutory requirements. The plan for services must include:
* A total cost estimate for providing new or extended services.
* The estimated cost of the new or extended services to customers.
* An identification of existing service providers and the potential fiscal impact to the customers of those existing
providers.
* A plan for financing the exercise of the new or extended services.
* Alternatives for the exercise of the new or extended services.
SB 239 requires a public agency to cause to be prepared by contract an independent comprehensive fiscal analysis
that reviews and documents:
* The costs to the public agency that has proposed to provide new or extended services during the three fiscal
years following a public agency entering into a contract to provide new or extended services outside its current
service area by contract or agreement, in accordance with the following requirements:
o The analysis must include all direct and indirect cost impacts to the existing service provider in the affected
territory.
o The analysis must review how the existing service provider's costs compare to the service costs in areas with
similar populations and of similar geographic size that provide a similar level and range of services. The analysis
must make a reasonable determination of the costs expected to be borne by the public agency providing new or
extended services.
* The revenues of the public agency that has proposed a new or extended service outside its current service area
during the three fiscal years following the effective date of a contract or agreement with another public agency to
provide a new or extended service.
* The effects on the costs and revenues of any affected public agency, including the public agency proposing to
provide the new or extended service, during the three fiscal years that the new or extended service will be
provided.
* Any other information and analysis needed to support the findings that a LAFCO must make to approve services
under a fire protection reorganization contract.
SB 239 requires the clerk of the legislative body of a public agency or the director of a state agency adopting a
resolution of application to file a certified copy of the resolution with the LAFCO executive officer. The bill
specifies how a LAFCO must process resolutions of application submitted to the executive officer.
SB 239 requires a LAFCO to review and approve, disapprove, or approve with conditions a fire protection
reorganization contract after a public hearing called and held for that purpose. The bill allows an applicant to
request reconsideration if a contract is disapproved or approved with conditions.
SB 239 generally prohibits a LAFCO from approving an application unless the LAFCO determines that the public
agency will have sufficient revenues to carry out the exercise of the new or extended services outside its current
area. However, if the LAFCO has determined that the public agency will not have sufficient revenue to provide
the proposed new or different functions or class of services, SB 239 allows a LAFCO to approve an application if
the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to state
law. In approving an application, the LAFCO must provide that if the revenue sources are not approved, the public
agency's authority to provide new or extended services must not be exercised.
SB 239 prohibits a LAFCO from approving an application for approval of a fire protection reorganization contract
unless the LAFCO finds, based on the entire record, all of the following:
* The proposed exercise of new or extended services outside a public agency's current service area is consistent
with the Cortese-Knox-Hertzberg Act.
* The commission has reviewed the comprehensive fiscal analysis.
* The commission has reviewed the testimony presented at the public hearing.
* The proposed affected territory is expected to receive revenues sufficient to provide public services and facilities
and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement
between the public agencies to provide a new or extended service.
SB 239 specifies the manner in which a LAFCO executive officer must provide public notice by mail, in a
newspaper, and on the Internet, of a hearing to review an application for approval of a fire protection
reorganization contract. The bill allows a LAFCO to continue a hearing and requires that a LAFCO must hear and
consider oral or written testimony presented by any affected local agency, affected county, or any interested
person who appears at the hearing.
SB 239 specifies that a fire protection reorganization contract is exempt from the statute that governs LAFCOs'
approval of extraterritorial service contracts.
The bill makes additional technical and conforming changes to the Cortese-Knox-Hertzberg Act.
Comments
1. Purpose of the bill. When a contract or agreement between two public agencies makes substantial changes to
the administration of fire protection services in a community, it deserves to be scrutinized by LAFCO in a manner
that is similar to how a detachment and annexation of fire protection services would be scrutinized under current
law. When the Legislature enacted the 1993 Gotch bill requiring LAFCO review of some extraterritorial service
contracts, it did so in response to concerns that local governments were using service contracts to circumvent
LAFCO review of major changes to local service delivery. However, the review requirement for extraterritorial
service contracts contained a substantial loophole for contracts that only involved public agencies. SB 239 will
narrow that loophole. Some recent fire protection service contracts between public agencies have resulted in
costly litigation and generated deep divisions among community members. Other agreements have been
jeopardized by public officials' reliance on financial data that later was determined to be inaccurate. Problems like
these can be avoided by providing more opportunities for the public to review and consider independent analyses
of proposed changes to fire service delivery in their communities. By requiring a public agency to submit a plan
for extended services for fire protection to LAFCO for review and approval, SB 239 will ensure that the details of
service delivery and costs are thoroughly and independently examined, which will benefit the residents, the public
agency and the firefighters in all of the affected areas.
2. Local control. Local voters elect county supervisors, city council members, and special district board members
to make public policy in response to local needs. Local elected officials strive to provide their communities'
residents with the best services at the most reasonable cost. They have to answer to residents who are displeased
with the quality and cost of their services. As a result, a decision to enter into a contract with another public
agency to provide fire protection services is a decision that elected officials make only after considering the fiscal,
administrative, and service delivery implications for their communities. By requiring LAFCO review of fire
protection reorganization contracts, SB 239 diminishes local officials' autonomy to contract for fire protection
services in the manner that they determine will best serve their constituents.
3. Delegation of powers. SB 239 prohibits a LAFCO from considering an application for approval of new or
extended fire protection service unless the application is accompanied by a written agreement validated and
executed by each affected public agency and recognized employee organization that represents firefighters of the
existing and proposed service providers. This requirement effectively gives some local officials and private
employee organizations authority to decide whether or not a LAFCO can consider an application. The California
Constitution gives the State Legislature complete authority to create local governments and set their boundaries.
Because the Legislature has delegated much of its authority over city and special district boundaries to each
county's LAFCO, LAFCOs are exercising a legislative power when they make decisions about changes to local
governments' organization. By empowering local officials and labor organizations to determine whether a
proposal for new or extended services can be reviewed by a LAFCO, SB 239 may delegate some legislative
powers to those other parties. As a general doctrine, the power to make laws must be exercised by the Legislature,
and may not be delegated. However, courts have frequently upheld the delegation of legislative powers to public
boards or officers if the statutes specify definite standards to be used to carry out the delegated legislative
purposes. By contrast, courts have invalidated statutes that delegate uncontrolled discretion to third parties.
Granting local officials and employee organizations full discretion to determine which proposed changes of
organization a LAFCO can consider may not be consistent with judicial interpretations of the nondelegation
doctrine.
4. Next in line? Fire protection services aren't the only kind of public service that local agencies provide outside of
their boundaries pursuant to contracts with other public agencies. Local agencies commonly contract for law
enforcement services, utility services, and park and recreation services, among others. Enacting SB 239 may
invite requests from other interest groups for LAFCOs to more carefully scrutinize other types of contracts for
services provided outside of existing service areas.
5. Mandate. The Legislative Counsel's Office says that SB 239 would impose a state-mandated local program
because it requires local government officials to perform additional duties related to the approval of fire protection
reorganization contracts. The California Constitution generally requires the state to reimburse the costs of new or
expanded state mandated local programs. However, on June 3, 2014, California voters approved Proposition 42,
which amended the California Constitution to require local agencies to comply with the California Public Records
Act. Proposition 42 also requires local agencies to comply with any subsequent statutory enactment amending the
Public Records Act that contains specified findings that the newly enacted statute furthers specified constitutional
provisions guaranteeing public access to public agency meetings and records. SB 239 contains legislative findings
that the bill furthers the purpose of Section 3 of Article I of the California Constitution by providing for notice in
accordance with existing provisions of open meeting statutes. As a result, SB 239 disclaims the state's
responsibility for reimbursing local governments' costs of complying with the bill's requirements.
Support and Opposition
(4/23/15)
Support: California Professional Firefighters; CALFIRE Local 2881; California Labor Federation.
Opposition: Alameda County LAFCO; Apple Valley Fire Protection District; California Association of LAFCOs;
California Building Industry Association; California Special Districts Association; California State Association of
Counties; Contra Costa County LAFCO; Covelo Fire Protection District; Happy Valley Fire Protection District;
Fire Districts Association of California; Hesperia Recreation and Park District; League of California Cities; Los
Angeles County LAFCO; Rural County Representatives of California; San Mateo County LAFCO; Saratoga Fire
District; Shasta Lake Fire Protection District; Squaw Valley Public Service District.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS
Attachment A - Bill Text
AMENDED IN SENATE APRIL 23, 2015
AMENDED IN SENATE MARCH 23, 2015
SENATE BILL No. 239
Introduced by Senator Hertzberg
February 17, 2015
An act to amend Sections 56021, 56654, 56824.10, and 56824.12
56017.2 and 56133 of, and to add Section 56800.5 56134 to, and to
add Article 1.6 (commencing with Section 56824.20) to Chapter 5 of
Part 3 of Division 3 of Title 5 of, the Government Code, relating to
local services.
legislative counsel’s digest
SB 239, as amended, Hertzberg. Local services: contracts: fire
protection services.
Existing law prescribes generally the powers and duties of the local
agency formation commission in each county with respect to the review
approval or disapproval of proposals for changes of organization or
reorganization of cities and special districts within that county. Existing
law establishes commission proceedings to consider the exercise of
new or different functions or services, or the divestiture of the power
to provide particular functions or services, by special districts. permits
a city or district to provide extended services, as defined, outside its
jurisdictional boundaries only if it first requests and receives written
approval from the local agency formation commission in the affected
county. Under existing law, the commission may authorize a city or
district to provide new or extended services outside both its
jurisdictional boundaries and its sphere of influence under specified
circumstances.
97
Attachment A
This bill would establish commission proceedings to consider the
permit a public agency to exercise of new or extended fire protection
services outside a the public agency’s current service area by contract
or agreement. pursuant to a fire protection reorganization contract, as
defined, only if the public agency receives written approval from the
local agency formation commission in the affected county. The bill
would require that the legislative body of a public agency to that is not
a state agency adopt a resolution of application and submit the resolution
along with a plan for services, as provided. The bill would require
provided, and that a proposal by a state agency be initiated by the
director of the agency with the approval of the Governor. The bill would
require, prior to adopting the resolution or submitting the proposal, the
public agency to enter into a written agreement for the performance of
new or extended fire protection services pursuant to a fire protection
reorganization contract with each affected public agency and recognized
employee organization representing firefighters in the affected area and
to conduct a public hearing on the resolution. The bill would provide
that a proposal for a change of organization that involves the exercise
of new or extended fire protection services outside a public agency’s
current service area by contract or agreement may be initiated only by
these proceedings.
The bill would require the commission to approve or disapprove the
proposal as specified. The bill would require the commission to consider,
among other things, to review a comprehensive fiscal analysis prepared
by the executive officer in accordance with specified requirements.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 56021 of the Government Code is
line 2 amended to read:
line 3 56021. “Change of organization” means any of the following:
97
— 2 —SB 239
Attachment A
line 1 (a) A city incorporation.
line 2 (b) A district formation.
line 3 (c) An annexation to a city.
line 4 (d) An annexation to a district.
line 5 (e) A detachment from a city.
line 6 (f) A detachment from a district.
line 7 (g) A disincorporation of a city.
line 8 (h) A district dissolution.
line 9 (i) A consolidation of cities.
line 10 (j) A consolidation of special districts.
line 11 (k) A merger of a city and a district.
line 12 (l) Establishment of a subsidiary district.
line 13 (m) The exercise of new or different functions or classes of
line 14 services, or divestiture of the power to provide particular functions
line 15 or classes of services, within all or part of the jurisdictional
line 16 boundaries of a special district as provided in Article 1.5
line 17 (commencing with Section 56824.10) of Chapter 5 of Part 3 of
line 18 this division.
line 19 (n) The exercise of new or extended fire protection services
line 20 outside a public agency’s current service area by contract or
line 21 agreement, as authorized by Chapter 4 (commencing with Section
line 22 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4
line 23 (commencing with Section 4141) of Chapter 1 of Part 2 of Division
line 24 4 of the Public Resources Code, as provided in Article 1.6
line 25 (commencing with Section 56824.20) of Chapter 5 of Part 3 of
line 26 Division 3 of Title 5 of this code.
line 27 SEC. 2. Section 56654 of the Government Code is amended
line 28 to read:
line 29 56654. (a) A proposal for a change of organization or a
line 30 reorganization may be made by the adoption of a resolution of
line 31 application by the legislative body of an affected local agency,
line 32 except as provided in subdivision (b).
line 33 (b) (1) Notwithstanding Section 56700, a proposal for a change
line 34 of organization that involves the exercise of new or different
line 35 functions or classes of services, or the divestiture of the power to
line 36 provide particular functions or classes of services, within all or
line 37 part of the jurisdictional boundaries of a special district, shall only
line 38 be initiated by the legislative body of that special district in
line 39 accordance with Article 1.5 (commencing with Section 56824.10)
line 40 of Chapter 5.
97
SB 239— 3 — Attachment A
line 1 (2) Notwithstanding Section 56700, a proposal for a change of
line 2 organization that involves the exercise of new or extended services
line 3 outside a public agency’s current service area by contract or
line 4 agreement, as defined in subdivision (n) of Section 56021, shall
line 5 only be initiated in accordance with Article 1.6 (commencing with
line 6 Section 56824.20) of Chapter 5.
line 7 (c) At least 21 days before the adoption of the resolution, the
line 8 legislative body may give mailed notice of its intention to adopt
line 9 a resolution of application to the commission and to each interested
line 10 agency and each subject agency. The notice shall generally describe
line 11 the proposal and the affected territory.
line 12 (d) Except for the provisions regarding signers and signatures,
line 13 a resolution of application shall contain all of the matters specified
line 14 for a petition in Section 56700 and shall be submitted with a plan
line 15 for services prepared pursuant to Section 56653.
line 16 SEC. 3. Section 56800.5 is added to the Government Code, to
line 17 read:
line 18 56800.5. For a proposal for a change of organization that
line 19 involves the exercise of new or extended services outside a public
line 20 agency’s current service area by contract or agreement, as defined
line 21 in subdivision (n) of Section 56021, the executive officer shall
line 22 prepare, or cause to be prepared by contract, a comprehensive
line 23 fiscal analysis. This analysis shall become part of the report
line 24 required pursuant to Section 56665. Data used for the analysis
line 25 shall be from the most recent fiscal year for which data are
line 26 available, preceding the issuance of the certificate of filing. When
line 27 data requested by the executive officer in the notice of affected
line 28 agencies are unavailable, the analysis shall document the source
line 29 and methodology of the data used. The analysis shall review and
line 30 document each of the following:
line 31 (a) The costs to the public agency that has proposed to provide
line 32 new or extended services during the three fiscal years following
line 33 a public agency entering into a contract to provide new or extended
line 34 services outside its current service area by contract or agreement,
line 35 in accordance with the following requirements:
line 36 (1) The executive officer shall include all direct and indirect
line 37 cost impacts to the existing service provider in the affected
line 38 territory.
line 39 (2) The executive officer shall review how the costs of the
line 40 existing service provider compare to the costs of services provided
97
— 4 —SB 239
Attachment A
line 1 in service areas with similar populations and of similar geographic
line 2 size that provide a similar level and range of services and shall
line 3 make a reasonable determination of the costs expected to be borne
line 4 by the public agency providing new or extended services.
line 5 (b) The revenues of the public agency that has proposed a new
line 6 or extended service outside its current service area during the three
line 7 fiscal years following the effective date of a contract or agreement
line 8 with another public agency to provide a new or extended service.
line 9 (c) The effects on the costs and revenues of any affected public
line 10 agency, including the public agency proposing to provide the new
line 11 or extended service, during the three fiscal years that the new or
line 12 extended service will be provided.
line 13 (d) Any other information and analysis needed to make the
line 14 findings required by Section 56824.24.
line 15 SEC. 4. Section 56824.10 of the Government Code is amended
line 16 to read:
line 17 56824.10. Commission proceedings for the exercise of new or
line 18 different functions or classes of services or divestiture of the power
line 19 to provide particular functions or classes of services, within all or
line 20 part of the jurisdictional boundaries of a special district, pursuant
line 21 to paragraph (1) of subdivision (b) of Section 56654, may be
line 22 initiated by a resolution of application in accordance with this
line 23 article.
line 24 SEC. 5. Section 56824.12 of the Government Code is amended
line 25 to read:
line 26 56824.12. (a) A proposal by a special district to provide a new
line 27 or different function or class of services or divestiture of the power
line 28 to provide particular functions or classes of services, within all or
line 29 part of the jurisdictional boundaries of a special district, pursuant
line 30 to paragraph (1) of subdivision (b) of Section 56654, shall be made
line 31 by the adoption of a resolution of application by the legislative
line 32 body of the special district and shall include all of the matters
line 33 specified for a petition in Section 56700, except paragraph (6) of
line 34 subdivision (a) of Section 56700, and be submitted with a plan for
line 35 services prepared pursuant to Section 56653. The plan for services
line 36 for purposes of this article shall also include all of the following
line 37 information:
line 38 (1) The total estimated cost to provide the new or different
line 39 function or class of services within the special district’s
line 40 jurisdictional boundaries.
97
SB 239— 5 — Attachment A
line 1 (2) The estimated cost of the new or different function or class
line 2 of services to customers within the special district’s jurisdictional
line 3 boundaries. The estimated costs may be identified by customer
line 4 class.
line 5 (3) An identification of existing providers, if any, of the new
line 6 or different function or class of services proposed to be provided
line 7 and the potential fiscal impact to the customers of those existing
line 8 providers.
line 9 (4) A written summary of whether the new or different function
line 10 or class of services or divestiture of the power to provide particular
line 11 functions or classes of services, within all or part of the
line 12 jurisdictional boundaries of a special district, pursuant to paragraph
line 13 (1) of subdivision (b) of Section 56654, will involve the activation
line 14 or divestiture of the power to provide a particular service or
line 15 services, service function or functions, or class of service or
line 16 services.
line 17 (5) A plan for financing the establishment of the new or different
line 18 function or class of services within the special district’s
line 19 jurisdictional boundaries.
line 20 (6) Alternatives for the establishment of the new or different
line 21 functions or class of services within the special district’s
line 22 jurisdictional boundaries.
line 23 (b) The clerk of the legislative body adopting a resolution of
line 24 application shall file a certified copy of that resolution with the
line 25 executive officer. Except as provided in subdivision (c), the
line 26 commission shall process resolutions of application adopted
line 27 pursuant to this article in accordance with Section 56824.14.
line 28 (c) (1) Prior to submitting a resolution of application pursuant
line 29 to this article to the commission, the legislative body of the special
line 30 district shall conduct a public hearing on the resolution. Notice of
line 31 the hearing shall be published pursuant to Sections 56153 and
line 32 56154.
line 33 (2) Any affected local agency, affected county, or any interested
line 34 person who wishes to appear at the hearing shall be given an
line 35 opportunity to provide oral or written testimony on the resolution.
line 36 SEC. 6. Article 1.6 (commencing with Section 56824.20) is
line 37 added to Chapter 5 of Part 3 of Division 3 of Title 5 of the
line 38 Government Code, to read:
97
— 6 —SB 239
Attachment A
line 1 Article 1.6. Fire Protection Services
line 2
line 3 56824.20. Commission proceedings pursuant to paragraph (2)
line 4 of subdivision (b) of Section 56654 may be initiated in accordance
line 5 with this article.
line 6 56824.22. (a) A proposal for a change of organization that
line 7 involves the exercise of new or extended services outside a public
line 8 agency’s current service area by contract or agreement, as defined
line 9 in subdivision (n) of Section 56021, shall be made by the adoption
line 10 of a resolution of application as follows:
line 11 (1) In the case of a public agency that is not a state agency, the
line 12 proposal shall be initiated by the adoption of a resolution of
line 13 application by the legislative body of the public agency proposing
line 14 to provide new or extended services outside the public agency’s
line 15 current service area.
line 16 (2) In the case of a public agency that is a state agency, the
line 17 proposal shall be initiated by the director of the state agency
line 18 proposing to provide new or extended services outside the agency’s
line 19 current service area and be approved by the Governor.
line 20 (b) Prior to submitting a resolution of application pursuant to
line 21 this article to the commission, the legislative body of a public
line 22 agency or the director of a state agency shall do all of the
line 23 following:
line 24 (1) Obtain and submit with the resolution a written agreement
line 25 validated and executed by each affected public agency and
line 26 recognized employee organization that represents firefighters of
line 27 the existing and proposed service providers consenting to the
line 28 proposed change of organization.
line 29 (2) Conduct a public hearing on the resolution. Notice of the
line 30 hearing shall be published pursuant to Sections 56154 and 56156.
line 31 The legislative body of the public agency or the director of the
line 32 state agency shall provide an affected public agency or an interested
line 33 person who wishes to appear at the hearing the opportunity to
line 34 present oral or written testimony on the resolution.
line 35 (c) A proposal for a change of organization submitted pursuant
line 36 to this article shall be submitted with a plan for services prepared
line 37 pursuant to Section 56653. The plan for services shall include all
line 38 of the following information:
line 39 (1) The total estimated cost to provide the new or extended
line 40 services in the affected territory.
97
SB 239— 7 — Attachment A
line 1 (2) The estimated cost of the new or extended services to
line 2 customers in the affected territory.
line 3 (3) An identification of existing service providers, if any, of the
line 4 new or extended services proposed to be provided and the potential
line 5 fiscal impact to the customers of those existing providers.
line 6 (4) A plan for financing the exercise of the new or extended
line 7 services in the affected territory.
line 8 (5) Alternatives for the exercise of the new or extended services
line 9 in the affected territory.
line 10 (d) The clerk of the legislative body of a public agency or the
line 11 director of a state agency adopting a resolution of application
line 12 pursuant to this article shall file a certified copy of the resolution
line 13 with the executive officer. The commission shall process
line 14 resolutions of application adopted pursuant to this chapter in
line 15 accordance with Section 56824.24.
line 16 56824.24. (a) The commission shall review and approve or
line 17 disapprove a proposal for a change of organization as defined in
line 18 subdivision (n) of Section 56021 after a public hearing called and
line 19 held for that purpose. The commission shall not consider or
line 20 approve a proposal that does not comply with the requirements of
line 21 subdivision (b) of Section 56824.22.
line 22 (b) (1) The commission shall not approve a proposal for a
line 23 change of organization as defined in subdivision (n) of Section
line 24 56021 unless the commission determines that the public agency
line 25 will have sufficient revenues to carry out the exercise of the new
line 26 or extended services outside its current area, except as specified
line 27 in paragraph (2).
line 28 (2) The commission may approve a proposal for a change of
line 29 organization as defined in subdivision (n) of Section 56021 where
line 30 the commission has determined that the public agency will not
line 31 have sufficient revenue to provide the proposed new or different
line 32 functions or class of services, if the commission conditions its
line 33 approval on the concurrent approval of sufficient revenue sources
line 34 pursuant to Section 56886. In approving a proposal, the
line 35 commission shall provide that if the revenue sources pursuant to
line 36 Section 56886 are not approved, the authority of the public agency
line 37 to provide new or extended services shall not be exercised.
line 38 (c) Notwithstanding Section 56375, the commission shall not
line 39 approve a proposal for a change of organization as defined in
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Attachment A
line 1 subdivision (n) of Section 56021 unless the commission finds,
line 2 based on the entire record, all of the following:
line 3 (1) The proposed exercise of new or extended services outside
line 4 a public agency’s current service area is consistent with the intent
line 5 of this division, including, but not limited to, the policies of
line 6 Sections 56001 and 56300.
line 7 (2) The commission has reviewed the comprehensive fiscal
line 8 analysis prepared pursuant to Section 56800.5.
line 9 (3) The commission has reviewed the executive officer’s report
line 10 and recommendation prepared pursuant to Section 56665 and any
line 11 testimony presented at the public hearing.
line 12 (4) The proposed affected territory is expected to receive
line 13 revenues sufficient to provide public services and facilities and a
line 14 reasonable reserve during the three fiscal years following the
line 15 effective date of the contract or agreement between the public
line 16 agencies to provide a new or extended service.
line 17 (d) At least 21 days prior to the date of the hearing, the executive
line 18 officer shall give mailed notice of that hearing to each affected
line 19 local agency or affected county, and to any interested party who
line 20 has filed a written request for notice with the executive officer. In
line 21 addition, at least 21 days prior to the date of that hearing, the
line 22 executive officer shall cause notice of the hearing to be published
line 23 in accordance with Section 56153 in a newspaper of general
line 24 circulation that is circulated within the territory affected by the
line 25 proposal proposed to be adopted and shall post the notice of the
line 26 hearing on the commission’s Internet Web site.
line 27 (e) The commission may continue from time to time any hearing
line 28 called pursuant to this section. The commission shall hear and
line 29 consider oral or written testimony presented by any affected local
line 30 agency, affected county, or any interested person who appears at
line 31 any hearing called and held pursuant to this section.
line 32 SECTION 1. Section 56017.2 of the Government Code is
line 33 amended to read:
line 34 56017.2. “Application” means any of the following:
line 35 (a) A resolution of application or petition initiating a change of
line 36 organization or reorganization with supporting documentation as
line 37 required by the commission or executive officer.
line 38 (b) A request for a sphere of influence amendment or update
line 39 pursuant to Section 56425.
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SB 239— 9 — Attachment A
line 1 (c) A request by a city or district for commission approval of
line 2 an extension of services outside the agency’s jurisdictional
line 3 boundaries pursuant to Section 56133. 56133 or 56134.
line 4 SEC. 2. Section 56133 of the Government Code is amended to
line 5 read:
line 6 56133. (a) A city or district may provide new or extended
line 7 services by contract or agreement outside its jurisdictional
line 8 boundaries only if it first requests and receives written approval
line 9 from the commission in the affected county.
line 10 (b) The commission may authorize a city or district to provide
line 11 new or extended services outside its jurisdictional boundaries but
line 12 within its sphere of influence in anticipation of a later change of
line 13 organization.
line 14 (c) The commission may authorize a city or district to provide
line 15 new or extended services outside its jurisdictional boundaries and
line 16 outside its sphere of influence to respond to an existing or
line 17 impending threat to the public health or safety of the residents of
line 18 the affected territory if both of the following requirements are met:
line 19 (1) The entity applying for the contract approval has provided
line 20 the commission with documentation of a threat to the health and
line 21 safety of the public or the affected residents.
line 22 (2) The commission has notified any alternate service provider,
line 23 including any water corporation as defined in Section 241 of the
line 24 Public Utilities Code, or sewer system corporation as defined in
line 25 Section 230.6 of the Public Utilities Code, that has filed a map and
line 26 a statement of its service capabilities with the commission.
line 27 (d) The executive officer, within 30 days of receipt of a request
line 28 for approval by a city or district of a contract to extend services
line 29 outside its jurisdictional boundary, shall determine whether the
line 30 request is complete and acceptable for filing or whether the request
line 31 is incomplete. If a request is determined not to be complete, the
line 32 executive officer shall immediately transmit that determination to
line 33 the requester, specifying those parts of the request that are
line 34 incomplete and the manner in which they can be made complete.
line 35 When the request is deemed complete, the executive officer shall
line 36 place the request on the agenda of the next commission meeting
line 37 for which adequate notice can be given but not more than 90 days
line 38 from the date that the request is deemed complete, unless the
line 39 commission has delegated approval of those requests to the
line 40 executive officer. The commission or executive officer shall
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Attachment A
line 1 approve, disapprove, or approve with conditions the contract for
line 2 extended services. If the contract is disapproved or approved with
line 3 conditions, the applicant may request reconsideration, citing the
line 4 reasons for reconsideration.
line 5 (e) This section does not apply to contracts any of the following:
line 6 (1) Contracts or agreements solely involving two or more public
line 7 agencies where the public service to be provided is an alternative
line 8 to, or substitute for, public services already being provided by an
line 9 existing public service provider and where the level of service to
line 10 be provided is consistent with the level of service contemplated
line 11 by the existing service provider. This section does not apply to
line 12 contracts
line 13 (2) Contracts for the transfer of nonpotable or nontreated water.
line 14 This section does not apply to contracts
line 15 (3) Contracts or agreements solely involving the provision of
line 16 surplus water to agricultural lands and facilities, including, but not
line 17 limited to, incidental residential structures, for projects that serve
line 18 conservation purposes or that directly support agricultural
line 19 industries. However, prior to extending surplus water service to
line 20 any project that will support or induce development, the city or
line 21 district shall first request and receive written approval from the
line 22 commission in the affected county. This section does not apply to
line 23 an
line 24 (4) An extended service that a city or district was providing on
line 25 or before January 1, 2001. This section does not apply to a
line 26 (5) A local publicly owned electric utility, as defined by Section
line 27 9604 of the Public Utilities Code, providing electric services that
line 28 do not involve the acquisition, construction, or installation of
line 29 electric distribution facilities by the local publicly owned electric
line 30 utility, outside of the utility’s jurisdictional boundaries.
line 31 (6) A fire protection reorganization contract, as defined in
line 32 subdivision (a) of Section 56134.
line 33 SEC. 3. Section 56134 is added to the Government Code, to
line 34 read:
line 35 56134. (a) (1) For the purposes of this section, “fire protection
line 36 reorganization contract” means a contract or agreement for the
line 37 exercise of new or extended fire protection services outside a public
line 38 agency’s current service area, as authorized by Chapter 4
line 39 (commencing with Section 55600) of Part 2 of Division 2 of Title
line 40 5 of this code or by Article 4 (commencing with Section 4141) of
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SB 239— 11 — Attachment A
line 1 Chapter 1 of Part 2 of Division 4 of the Public Resources Code,
line 2 that does either of the following:
line 3 (A) Transfers responsibility for providing services in more than
line 4 25 percent of the service area of any public agency affected by the
line 5 contract or agreement.
line 6 (B) Changes the employment status of more than 25 percent of
line 7 the employees of any public agency affected by the contract or
line 8 agreement.
line 9 (2) A contract or agreement for the exercise of new or extended
line 10 fire protection services outside a public agency’s current service
line 11 area, as authorized by Chapter 4 (commencing with Section 55600)
line 12 of Part 2 of Division 2 of Title 5 of this code or Article 4
line 13 (commencing with Section 4141) of Chapter 1 of Part 2 of Division
line 14 4 of the Public Resources Code, that, in combination with other
line 15 contracts or agreements, would produce the results described in
line 16 subparagraph (A) or (B) of paragraph (1), shall be deemed a fire
line 17 protection reorganization contract for the purposes of this section.
line 18 (b) Notwithstanding Section 56133, a public agency may provide
line 19 new or extended services pursuant to a fire protection
line 20 reorganization contract only if it first requests and receives written
line 21 approval from the commission in the affected county pursuant to
line 22 the requirements of this section.
line 23 (c) A request by a public agency for commission approval of
line 24 services provided under a fire protection reorganization contract
line 25 shall be made by the adoption of a resolution of application as
line 26 follows:
line 27 (1) In the case of a public agency that is not a state agency, the
line 28 application shall be initiated by the adoption of a resolution of
line 29 application by the legislative body of the public agency proposing
line 30 to provide new or extended services outside the public agency’s
line 31 current service area.
line 32 (2) In the case of a public agency that is a state agency, the
line 33 application shall be initiated by the director of the state agency
line 34 proposing to provide new or extended services outside the agency’s
line 35 current service area and be approved by the Governor.
line 36 (d) The legislative body of a public agency or the director of a
line 37 state agency shall not submit a resolution of application pursuant
line 38 to this section unless both of the following occur:
line 39 (1) The public agency obtains and submits with the resolution
line 40 a written agreement validated and executed by each affected public
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Attachment A
line 1 agency and recognized employee organization that represents
line 2 firefighters of the existing and proposed service providers
line 3 consenting to the proposed change of organization.
line 4 (2) The public agency conducts an open and public hearing on
line 5 the resolution, conducted pursuant to the Ralph M. Brown Act
line 6 (Chapter 9 (commencing with Section 54950) Part 1 Division 2
line 7 Title 5) or the Bagley-Keene Open Meeting Act (Article 9
line 8 (commencing with Section 11120) Chapter 1 Part 1 Division 3
line 9 Title 2), as applicable.
line 10 (e) A resolution of application submitted pursuant to this section
line 11 must be submitted with a fire services reorganization contract plan
line 12 that conforms to the requirements of Section 56653. The plan shall
line 13 include all of the following information:
line 14 (1) The total estimated cost to provide the new or extended fire
line 15 protection services in the affected territory.
line 16 (2) The estimated cost of the new or extended fire protection
line 17 services to customers in the affected territory.
line 18 (3) An identification of existing service providers, if any, of the
line 19 new or extended services proposed to be provided and the potential
line 20 fiscal impact to the customers of those existing providers.
line 21 (4) A plan for financing the exercise of the new or extended fire
line 22 protection services in the affected territory.
line 23 (5) Alternatives for the exercise of the new or extended fire
line 24 protection services in the affected territory.
line 25 (f) The applicant shall cause to be prepared by contract an
line 26 independent comprehensive fiscal analysis to be submitted with
line 27 the application pursuant to this section. The analysis shall review
line 28 and document:
line 29 (1) The costs to the public agency that has proposed to provide
line 30 new or extended fire protection services during the three fiscal
line 31 years following a public agency entering into a fire protection
line 32 reorganization contract, in accordance with the following
line 33 requirements:
line 34 (A) The analysis must include all direct and indirect cost impacts
line 35 to the existing service provider in the affected territory.
line 36 (B) The analysis must review how the costs of the existing
line 37 service provider compare to the costs of services provided in
line 38 service areas with similar populations and of similar geographic
line 39 size that provide a similar level and range of services and shall
line 40 make a reasonable determination of the costs expected to be borne
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SB 239— 13 — Attachment A
line 1 by the public agency providing new or extended fire protection
line 2 services.
line 3 (2) The revenues of the public agency that has proposed a new
line 4 or extended fire protection services outside its current service area
line 5 during the three fiscal years following the effective date of a
line 6 contract or agreement with another public agency to provide a
line 7 new or extended service.
line 8 (3) The effects on the costs and revenues of any affected public
line 9 agency, including the public agency proposing to provide the new
line 10 or extended fire protection services, during the three fiscal years
line 11 that the new or extended fire protection services will be provided.
line 12 (4) Any other information and analysis needed to support the
line 13 findings required by subdivision (j).
line 14 (g) The clerk of the legislative body of a public agency or the
line 15 director of a state agency adopting a resolution of application
line 16 pursuant to this section shall file a certified copy of the resolution
line 17 with the executive officer.
line 18 (h) (1) The executive officer, within 30 days of receipt of a
line 19 public agency’s request for approval of a fire protection
line 20 reorganization contract, shall determine whether the request is
line 21 complete and acceptable for filing or whether the request is
line 22 incomplete. If a request does not comply with the requirements of
line 23 subdivision (d), the executive officer shall determine that the
line 24 request is incomplete. If a request is determined not to be complete,
line 25 the executive officer shall immediately transmit that determination
line 26 to the requester, specifying those parts of the request that are
line 27 incomplete and the manner in which they can be made complete.
line 28 When the request is deemed complete, the executive officer shall
line 29 place the request on the agenda of the next commission meeting
line 30 for which adequate notice can be given but not more than 90 days
line 31 from the date that the request is deemed complete.
line 32 (2) The commission shall approve, disapprove, or approve with
line 33 conditions the contract for extended services following the hearing
line 34 at the commission meeting, as provided in paragraph (1). If the
line 35 contract is disapproved or approved with conditions, the applicant
line 36 may request reconsideration, citing the reasons for
line 37 reconsideration.
line 38 (i) (1) The commission shall not approve an application for
line 39 approval of a fire protection reorganization contract unless the
line 40 commission determines that the public agency will have sufficient
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Attachment A
line 1 revenues to carry out the exercise of the new or extended fire
line 2 protection services outside its current area, except as specified in
line 3 paragraph (2).
line 4 (2) The commission may approve an application for approval
line 5 of a fire protection reorganization contract where the commission
line 6 has determined that the public agency will not have sufficient
line 7 revenue to provide the proposed new or different functions or class
line 8 of services, if the commission conditions its approval on the
line 9 concurrent approval of sufficient revenue sources pursuant to
line 10 Section 56886. In approving a proposal, the commission shall
line 11 provide that, if the revenue sources pursuant to Section 56886 are
line 12 not approved, the authority of the public agency to provide new
line 13 or extended fire protection services shall not be exercised.
line 14 (j) The commission shall not approve an application for
line 15 approval of a fire protection reorganization contract unless the
line 16 commission finds, based on the entire record, all of the following:
line 17 (1) The proposed exercise of new or extended fire protection
line 18 services outside a public agency’s current service area is consistent
line 19 with the intent of this division, including, but not limited to, the
line 20 policies of Sections 56001 and 56300.
line 21 (2) The commission has reviewed the comprehensive fiscal
line 22 analysis prepared pursuant to subdivision (f).
line 23 (3) The commission has reviewed any testimony presented at
line 24 the public hearing.
line 25 (4) The proposed affected territory is expected to receive
line 26 revenues sufficient to provide public services and facilities and a
line 27 reasonable reserve during the three fiscal years following the
line 28 effective date of the contract or agreement between the public
line 29 agencies to provide a new or extended fire protection services.
line 30 (k) At least 21 days prior to the date of the hearing, the executive
line 31 officer shall give mailed notice of that hearing to each affected
line 32 local agency or affected county, and to any interested party who
line 33 has filed a written request for notice with the executive officer. In
line 34 addition, at least 21 days prior to the date of that hearing, the
line 35 executive officer shall cause notice of the hearing to be published
line 36 in accordance with Section 56153 in a newspaper of general
line 37 circulation that is circulated within the territory affected by the
line 38 proposal proposed to be adopted and shall post the notice of the
line 39 hearing on the commission’s Internet Web site.
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SB 239— 15 — Attachment A
line 1 (l) The commission may continue from time to time any hearing
line 2 called pursuant to this section. The commission shall hear and
line 3 consider oral or written testimony presented by any affected local
line 4 agency, affected county, or any interested person who appears at
line 5 any hearing called and held pursuant to this section.
line 6 SEC. 7.
line 7 SEC. 4. The Legislature finds and declares that Section 6 3 of
line 8 this act, which adds Section 56824.22 56134 to the Government
line 9 Code, furthers, within the meaning of paragraph (7) of subdivision
line 10 (b) of Section 3 of Article I of the California Constitution, the
line 11 purposes of that constitutional section as it relates to the right of
line 12 public access to the meetings of local public bodies or the writings
line 13 of local public officials and local agencies. Pursuant to paragraph
line 14 (7) of subdivision (b) of Section 3 of Article I of the California
line 15 Constitution, the Legislature makes the following findings:
line 16 This act provides for notice to the public in accordance with
line 17 existing provisions of the Cortese-Knox-Hertzberg Local
line 18 Government Reorganization Act of 2000 and will ensure that the
line 19 right of public access to local agency meetings is protected.
O
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Attachment A