Cal. Gov. Code § 57077.1

Current through the 2023 Legislative Session.
Section 57077.1 - Dissolution without confirmation of voters, exception
(a)If a change of organization consists of a dissolution, the commission shall order the dissolution without confirmation of the voters, except if the proposal meets the requirements of subdivision (b), the commission shall order the dissolution subject to confirmation of the voters.
(b)The commission shall order the dissolution subject to the confirmation of the voters as follows:
(1)If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet the applicable protest thresholds set forth in Section 57092.
(2)If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted that meet the applicable protest thresholds set forth in Section 57093.
(3)Except as provided in paragraph (4), if the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57094.
(4)If the proposal was initiated by the commission pursuant to Section 56375.1, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57093.
(c)Notwithstanding subdivisions (a) and (b) and Sections 57102 and 57103, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission pursuant to Section 56378, 56425, or 56430, the commission may do either of the following:
(1)If the dissolution is initiated by the district board, immediately approve and order the dissolution without an election or protest proceedings pursuant to this part.
(2)If the dissolution is initiated by an affected local agency, by the commission pursuant to Section 56375, or by petition pursuant to Section 56650, order the dissolution after holding at least one noticed public hearing, and after conducting protest proceedings in accordance with this part. Notwithstanding any other law, the commission shall terminate proceedings if a majority protest exists in accordance with Section 57078. If a majority protest is not found, the commission shall order the dissolution without an election.

Ca. Gov. Code § 57077.1

Amended by Stats 2022 ch 89 (SB 938),s 7, eff. 1/1/2023.
Amended by Stats 2016 ch 165 (AB 2910),s 7, eff. 1/1/2017.
Amended by Stats 2013 ch 87 (AB 1427),s 8, eff. 1/1/2014.
Added by Stats 2012 ch 62 (AB 2698),s 11, eff. 1/1/2013.