§ 56815. — 56815. (Amended by Stats. 2001, Ch. 530, Sec. 5.)

California § 56815.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 5.: DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
• Part 3.: PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION
• Ch. 4.: CHAPTER 4. Fiscal Provisions
• Art. 3.: ARTICLE 3. Revenue Neutrality

Text

(a)
It is the intent of the Legislature that any proposal that includes an incorporation should result in a similar exchange of both revenue and responsibility for service delivery among the county, the proposed city, and other subject agencies. It is the further intent of the Legislature that an incorporation should not occur primarily for financial reasons.
(b)
The commission shall not approve a proposal that includes an incorporation unless it finds that the following two quantities are substantially equal:
(1)
Revenues currently received by the local agency transferring the affected territory that, but for the operation of this section, would accrue to the local agency receiving the affected territory.
(2)
Expenditures, including direct and indirect expenditures, currently made by the local agency transferring the affected territory for those services that will be assumed by the local agency receiving the affected territory.
(c)
Notwithstanding subdivision (b), the commission may approve a proposal that includes an incorporation if it finds either of the following:
(1)
The county and all of the subject agencies agree to the proposed transfer.
(2)
The negative fiscal effect has been adequately mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to Section 56886.
(d)
Nothing in this section is intended to change the distribution of growth on the revenues within the affected territory unless otherwise provided in the agreement or agreements specified in paragraph (2) of subdivision (c).
(e)
Any terms and conditions that mitigate the negative fiscal effect of a proposal that contains an incorporation shall be included in the commission resolution making determinations adopted pursuant to Section 56880 and the terms and conditions specified in the questions pursuant to Section 57134.

Legislative History

Amended by Stats. 2001, Ch. 530, Sec. 5. Effective January 1, 2002.