| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3194Introduced by Assembly Member BoernerFebruary 16, 2024 An act to amend Section 61014 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 3194, as introduced, Boerner. Community service districts.The Community Services District Law authorizes the establishment of community services districts to provide various services within the district. The law authorizes a proposal to form a district to be made by petition or by resolution of application by the legislative body of a county, city, or special district, as specified. The law requires a local agency formation commission to consider a proposal and authorizes the district to approve the proposal only if the commission determines that the proposed district will have sufficient revenue to carry out its purpose. The law authorizes the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenue if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate sufficient revenues.This bill would make nonsubstantive changes to the provision authorizing the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenues.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 61014 of the Government Code is amended to read:61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3194Introduced by Assembly Member BoernerFebruary 16, 2024 An act to amend Section 61014 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 3194, as introduced, Boerner. Community service districts.The Community Services District Law authorizes the establishment of community services districts to provide various services within the district. The law authorizes a proposal to form a district to be made by petition or by resolution of application by the legislative body of a county, city, or special district, as specified. The law requires a local agency formation commission to consider a proposal and authorizes the district to approve the proposal only if the commission determines that the proposed district will have sufficient revenue to carry out its purpose. The law authorizes the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenue if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate sufficient revenues.This bill would make nonsubstantive changes to the provision authorizing the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenues.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 3194 |
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| 15 | 15 | | Introduced by Assembly Member BoernerFebruary 16, 2024 |
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| 17 | 17 | | Introduced by Assembly Member Boerner |
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| 18 | 18 | | February 16, 2024 |
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| 20 | 20 | | An act to amend Section 61014 of the Government Code, relating to local government. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 3194, as introduced, Boerner. Community service districts. |
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| 28 | 28 | | The Community Services District Law authorizes the establishment of community services districts to provide various services within the district. The law authorizes a proposal to form a district to be made by petition or by resolution of application by the legislative body of a county, city, or special district, as specified. The law requires a local agency formation commission to consider a proposal and authorizes the district to approve the proposal only if the commission determines that the proposed district will have sufficient revenue to carry out its purpose. The law authorizes the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenue if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate sufficient revenues.This bill would make nonsubstantive changes to the provision authorizing the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenues. |
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| 30 | 30 | | The Community Services District Law authorizes the establishment of community services districts to provide various services within the district. The law authorizes a proposal to form a district to be made by petition or by resolution of application by the legislative body of a county, city, or special district, as specified. The law requires a local agency formation commission to consider a proposal and authorizes the district to approve the proposal only if the commission determines that the proposed district will have sufficient revenue to carry out its purpose. The law authorizes the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenue if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate sufficient revenues. |
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| 32 | 32 | | This bill would make nonsubstantive changes to the provision authorizing the commission to approve a proposal where the commission has determined that the proposed district will not have sufficient revenues. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 61014 of the Government Code is amended to read:61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 61014 of the Government Code is amended to read:61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 46 | 46 | | SECTION 1. Section 61014 of the Government Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 52 | 52 | | 61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 54 | 54 | | 61014. (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.(b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes.(c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed.(d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.(2) If no majority protest exists, the commission shall do either of the following:(A) Order the formation subject to the approval by the voters.(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, pursuant to subdivision (c).(f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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| 58 | 58 | | 61014. (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. |
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| 60 | 60 | | (b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes. |
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| 62 | 62 | | (c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that if the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed. |
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| 64 | 64 | | (d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5. |
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| 66 | 66 | | (e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions: |
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| 68 | 68 | | (1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings. |
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| 70 | 70 | | (2) If no majority protest exists, the commission shall do either of the following: |
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| 72 | 72 | | (A) Order the formation subject to the approval by the voters. |
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| 74 | 74 | | (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, pursuant to subdivision (c). |
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| 76 | 76 | | (f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. |
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