§ 56383.5. — 56383.5. (Added by Stats. 2024, Ch. 886, Sec. 1.)

California § 56383.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 5.: DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
• Part 2.: PART 2. LOCAL AGENCY FORMATION COMMISSION
• Ch. 3.: CHAPTER 3. Powers

Text

(a)
The commission may require, as a condition for processing a change of organization or reorganization, a sphere amendment or a sphere update, or any other action or determination requested from the commission, that the applicant agrees to defend, indemnify, and hold harmless the commission, its agents, officers, and employees from any claim, action, or proceeding against the commission, its agents, officers, or employees
to attack, set aside, void, or annul an approval by the commission.
(b)
(1)
An agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall require the commission to promptly notify the applicant of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the commission and shall require the commission to cooperate fully in the defense.
(2)
An applicant who is a party to an agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall not be responsible to defend, indemnify, or hold harmless if the commission fails to notify the applicant or cooperate fully in the defense pursuant to paragraph (1).
(c)
An applicant who is a party to an agreement to defend, indemnify, and hold harmless entered into pursuant to subdivision (a) shall not be required to pay or perform any settlement relating to the agreement, unless the applicant approves the settlement.
(d)
Nothing in this section shall be construed to prohibit the commission from participating in the defense of any claim, action, or proceeding to attack, set aside, void or annul an approval by the commission if both of the following conditions are met:
(1)
The commission bears its own attorney’s fees and costs of the claim, action, or proceeding.
(2)
The commission defends the claim, action, or proceeding in good faith.

Legislative History

Added by Stats. 2024, Ch. 886, Sec. 1. (SB 1209) Effective January 1, 2025.