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SB-272 Fire Protection District Law of 1987.(2019-2020)

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Date Published: 04/04/2019 09:00 PM
SB272:v98#DOCUMENT

Amended  IN  Senate  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 272


Introduced by Senator Morrell

February 13, 2019


An act to amend Section 13950 of the Health and Safety Code, relating to fire protection.


LEGISLATIVE COUNSEL'S DIGEST


SB 272, as amended, Morrell. Fire Protection District Law of 1987.
The Fire Protection District Law of 1987 provides for the formation and administration of fire protection districts. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city that contains territory proposed to be included in the district. That law provides that whenever a district board determines that it is in the public interest to provide different services, to provide different levels of service, or to raise additional revenues within specific areas of the district, it may form one or more service zones by adopting a resolution that includes specified information, fixing the date, time, and place for public hearing on the formation of the zone, publishing notice, as specified, hearing and considering any protests to the formation of the zone at the hearing, and, at the conclusion of the hearing, adopting a resolution ordering the formation of the zone.
If a resolution adopted after the public hearing would extend substantially expand the provision of services outside of an existing service zone and the extension of service would result in those persons in the expanded area paying charges for the expansion of services, this bill would provide that the resolution does not become effective unless approved by a majority of the voters within the expanded service area. If a resolution adopted after the public hearing would extend substantially expand the provision of services outside of an existing service zone and the extension of service would result in those persons within the existing service zone paying increased charges for the expansion of services, this the bill would provide that the resolution does not become effective unless approved by a majority of the voters within the existing service zone of the district. The bill would provide that a resolution substantially expands the provision of services outside an existing service zone if a service would be extended to as many or more parcels that received that service within the then existing service zone.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13950 of the Health and Safety Code is amended to read:

13950.
 (a) Whenever a district board determines that it is in the public interest to provide different services, to provide different levels of service, or to raise additional revenues within specific areas of the district, it may form one or more service zones pursuant to this chapter.
(b) The district board shall initiate proceedings for the formation of a new zone by adopting a resolution that shall do all of the following:
(1) State that the proposal is made pursuant to this chapter.
(2) Set forth a description of the boundaries of the territory to be included in the zone.
(3) State the different services, different levels of service, or additional revenues that the zone will provide.
(4) Set forth the methods by which those services or levels of service will be financed.
(5) State the reasons for forming the zone.
(6) Propose a name or number for the zone.
(7) Fix the date, time, and place for the public hearing on the formation of the zone.
(c) The district board shall publish notice of the hearing, including the information required by subdivision (b), pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation in the district. The district board shall mail the notice to all owners of property within the proposed zone. The district board shall post the notice in at least three public places within the territory of the proposed zone.
(d) At the hearing, the district board shall hear and consider any protests to the formation of the zone. At the conclusion of the hearing, the district board may adopt a resolution ordering the formation of the zone, subject to voter approval pursuant to subdivision (e).
(e) (1) If a resolution is adopted pursuant to subdivision (d) to provide that would substantially expand the provision of services outside of an existing service zone and the extension of services would result in those persons in the expanded area paying charges for the expansion of services, the resolution shall not become effective unless approved by a majority of the voters within the expanded service area.
(2) If a resolution is adopted pursuant to subdivision (d) to provide that would substantially expand the provision of services outside of an existing service zone and the extension of services would result in those persons within the existing service zone paying increased charges for the expansion of services, the resolution shall not become effective unless approved by a majority of the voters within the existing service zone of the district.
(3) The expense of an election required by this subdivision shall be a charge against the district. The election shall be conducted pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. Except as provided in paragraph (4), the election shall take place to coincide with the next general election.
(4) The district board may submit the resolution to the voters for approval in a special election if the district pays, in advance, all expenses incurred for that election.
(5) For purposes of this subdivision, a resolution would substantially expand the provision of services outside an existing service zone if a service would be extended to as many or more parcels that received that service within the then existing service zone.