§ 56134. — 56134. (Amended by Stats. 2016, Ch. 165, Sec. 1.)

California § 56134.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 5.: DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
• Part 1.: PART 1. GENERAL
• Ch. 3.: CHAPTER 3. Introductory and General Provisions

Text

(a)
(1)
For the purposes of this section, “fire protection contract” means a contract or agreement for the exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or by Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that does either of the following:
(A)
Transfers responsibility for providing services in more than 25 percent of the area within the jurisdictional boundaries of any public
agency affected by the contract or agreement.
(B)
Changes the employment status of more than 25 percent of the employees of any public agency affected by the contract or agreement.
(2)
A contract or agreement for the exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries, as authorized by Chapter 4 (commencing with Section 55600) of Part 2 of Division 2 of Title 5 of this code or Article 4 (commencing with Section 4141) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, except those contracts entered into pursuant to Sections 4143 and 4144 of the Public Resources Code, that, in combination with other contracts or agreements, would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(3)
For the purposes of this section, “jurisdictional boundaries” shall include the territory or lands protected pursuant to a fire protection contract entered into on or before December 31, 2015. An extension of a fire protection contract entered into on or before December 31, 2015, that would produce the results described in subparagraph (A) or (B) of paragraph (1) shall be deemed a fire protection contract for the purposes of this section.
(b)
Notwithstanding Section 56133, a public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the commission in the affected county pursuant to the requirements of this section.
(c)
A request by a public agency for commission approval of new or extended services provided pursuant to a fire
protection contract shall be made by the adoption of a resolution of application as follows:
(1)
In the case of a public agency that is not a state agency, the application shall be initiated by the adoption of a resolution of application by the legislative body of the public agency proposing to provide new or extended services outside the public agency’s current jurisdictional boundaries.
(2)
In the case of a public agency that is a state agency, the application shall be initiated by the director of the state agency proposing to provide new or extended services outside the agency’s current jurisdictional boundaries and be approved by the Director of Finance.
(3)
In the case of a public agency that is a local agency currently under contract with a state agency for the provision of fire protection services and
proposing to provide new or extended services by the expansion of the existing contract or agreement, the application shall be initiated by the public agency that is a local agency and be approved by the Director of Finance.
(d)
The legislative body of a public agency or the director of a state agency shall not submit a resolution of application pursuant to this section unless both of the following occur:
(1)
The public agency does either of the following:
(A)
Obtains and submits 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 fire protection contract.
(B)
Provides, at
least 30 days prior to the hearing held pursuant to paragraph (2), written notice to each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers of the proposed fire protection contract and submits a copy of each written notice with the resolution of application. The notice shall, at minimum, include a full copy of the proposed contract.
(2)
The public agency conducts an open and public hearing on the resolution, conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable.
(e)
A resolution of application submitted pursuant to this section shall be submitted with a plan which shall include all of
the following information:
(1)
The total estimated cost to provide the new or extended fire protection services in the affected territory.
(2)
The estimated cost of the new or extended fire protection services to customers in the affected territory.
(3)
An identification of existing service providers, if any, of the new or extended services proposed to be provided and the potential fiscal impact to the customers of those existing providers.
(4)
A plan for financing the exercise of the new or extended fire protection services in the affected territory.
(5)
Alternatives for the exercise of the new or extended fire protection services in the affected territory.
(6)
An enumeration and description of the new or extended fire protection services proposed to be extended to the affected territory.
(7)
The level and range of new or extended fire protection services.
(8)
An indication of when the new or extended fire protection services can feasibly be extended to the affected territory.
(9)
An indication of any improvements or upgrades to structures, roads, sewer or water facilities, or other conditions the public agency would impose or require within the affected territory if the fire protection contract is completed.
(10)
A determination, supported by documentation, that the proposed fire protection contract meets the criteria established pursuant to
subparagraph (A) or (B) of paragraph (1) or paragraph (2), as applicable, of subdivision (a).
(f)
The applicant shall cause to be prepared by contract an independent fiscal analysis to be submitted with the application pursuant to this section. The analysis shall review and document all of the following:
(1)
A thorough review of the plan for services submitted by the public agency pursuant to subdivision (e).
(2)
How the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services.
(3)
Any other information and analysis needed to support the findings required by subdivision (j).
(g)
The clerk of the legislative body of a public agency or the director of a state agency adopting a resolution of application pursuant to this section shall file a certified copy of the resolution with the executive officer.
(h)
(1)
The executive officer, within 30 days of receipt of a public agency’s request for approval of a fire protection contract, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request does not comply with the requirements of subdivision (d), the executive officer shall determine that the request is incomplete. If a request is determined incomplete, the executive officer shall immediately transmit that determination to the requester, specifying those parts
of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete.
(2)
The commission shall approve, disapprove, or approve with conditions the contract for new or extended services following the hearing at the commission meeting, as provided in paragraph (1). If the contract is disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration.
(i)
(1)
The commission shall not approve an application for approval of a fire protection contract unless the commission determines that the public agency will have sufficient revenues to carry out the
exercise of the new or extended fire protection services outside its jurisdictional boundaries, except as specified in paragraph (2).
(2)
The commission may approve an application for approval of a fire protection contract where the commission has determined that the public agency will not have sufficient revenue to provide the proposed new or different functions or class of services, if the commission conditions its approval on the concurrent approval of sufficient revenue sources pursuant to Section 56886. In approving a proposal, the commission shall provide that, if the revenue sources pursuant to Section 56886 are not approved, the authority of the public agency to provide new or extended fire protection services shall not be exercised.
(j)
The commission shall not approve an application for approval of a fire protection contract unless the commission determines, based on the
entire record, all of the following:
(1)
The proposed exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries is consistent with the intent of this division, including, but not limited to, the policies of Sections 56001 and 56300.
(2)
The commission has reviewed the fiscal analysis prepared pursuant to subdivision (f).
(3)
The commission has reviewed any testimony presented at the public hearing.
(4)
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 the new or extended fire protection
services.
(k)
At least 21 days prior to the date of the hearing, the executive officer shall give mailed notice of that hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive officer. In addition, at least 21 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation that is circulated within the territory affected by the proposal proposed to be adopted and shall post the notice of the hearing on the commission’s Internet Web site.
(l)
The commission may continue from time to time any hearing called pursuant to this section. The commission shall hear and consider oral or written testimony presented by any affected local agency, affected county, or any interested
person who appears at any hearing called and held pursuant to this section.
(m)
This section shall not be construed to abrogate a public agency’s obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1).

Legislative History

Amended by Stats. 2016, Ch. 165, Sec. 1. (AB 2910) Effective January 1, 2017.