BILL NUMBER: SB 239	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2015
	AMENDED IN SENATE  MARCH 23, 2015

INTRODUCED BY   Senator Hertzberg

                        FEBRUARY 17, 2015

   An act to amend Sections  56021, 56654, 56824.10, and
56824.12   56017.2 and 56133  of,  and  to
add Section  56800.5   56134  to, 
and to add Article 1.6 (commencing with Section 56824.20) to Chapter
5 of Part 3 of Division 3 of Title 5 of,  the Government
Code, relating to local services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 239, as amended, Hertzberg. Local services: contracts: fire
protection services.
   Existing law prescribes generally the powers and duties of the
local agency formation commission in each county with respect to the
review approval or disapproval of proposals for changes of
organization or reorganization of cities and special districts within
that county. Existing law  establishes commission
proceedings to consider the exercise of new or different functions or
services, or the divestiture of the power to provide particular
functions or services, by special districts.   permits a
city or district to provide extended services, as defined, outside
its jurisdictional boundaries only if it first requests and receives
written approval from the local agency formation commission in the
affected county. Under   existing law, the commission may
authorize a city or district to provide new or extended services
outside both its jurisdictional boundaries and its sphere of
influence under specified circumstances. 
   This bill would  establish commission proceedings to
consider the   permit a public agency   to
 exercise  of  new or extended  fire
protection  services outside  a   the
 public agency's current service area  by contract or
agreement.   pursuant to a fire protection
reorganization contract, as defined, only if the public agency
receives written approval from the local agency formation commission
in the affected county.  The bill would require  that 
the legislative body of a public agency  to  
that is not a state agency  adopt a resolution  of
application  and submit the resolution along with a plan for
services, as  provided. The bill would require  
provided, and  that a proposal by a state agency be initiated
by the director of the agency with the approval of the Governor. The
bill would require, prior to adopting the resolution or submitting
the proposal, the public agency to enter into a written agreement for
the performance of new or extended  fire protection
 services  pursuant to a fire protection reorganization
contract  with each affected public agency and recognized
employee organization representing firefighters in the affected area
and to conduct a public hearing on the resolution.  The bill
would provide that a proposal for a change of organization that
involves the exercise of new or extended fire protection services
outside a public agency's current service area by contract or
agreement may be initiated only by these proceedings. 
   The bill would require the commission to approve or disapprove the
proposal as specified. The bill would require the commission to
consider, among other things,  to review  a
comprehensive fiscal analysis prepared by the executive officer in
accordance with specified requirements.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 56021 of the Government Code
is amended to read:
   56021.  "Change of organization" means any of the following:
   (a) A city incorporation.
   (b) A district formation.
   (c) An annexation to a city.
   (d) An annexation to a district.
   (e) A detachment from a city.
   (f) A detachment from a district.
   (g) A disincorporation of a city.
   (h) A district dissolution.
   (i) A consolidation of cities.
   (j) A consolidation of special districts.
   (k) A merger of a city and a district.
   (l) Establishment of a subsidiary district.
   (m) The exercise of new or different functions or classes of
services, or divestiture of the power to provide particular functions
or classes of services, within all or part of the jurisdictional
boundaries of a special district as provided in Article 1.5
(commencing with Section 56824.10) of Chapter 5 of Part 3 of this
division.
   (n) The exercise of new or extended fire protection services
outside a public agency's current service area by contract or
agreement, 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, as provided in Article 1.6 (commencing
with Section 56824.20) of Chapter 5 of Part 3 of Division 3 of Title
5 of this code.  
  SEC. 2.    Section 56654 of the Government Code is
amended to read:
   56654.  (a) A proposal for a change of organization or a
reorganization may be made by the adoption of a resolution of
application by the legislative body of an affected local agency,
except as provided in subdivision (b).
   (b) (1) Notwithstanding Section 56700, a proposal for a change of
organization that involves the exercise of new or different functions
or classes of services, or the divestiture of the power to provide
particular functions or classes of services, within all or part of
the jurisdictional boundaries of a special district, shall only be
initiated by the legislative body of that special district in
accordance with Article 1.5 (commencing with Section 56824.10) of
Chapter 5.
   (2) Notwithstanding Section 56700, a proposal for a change of
organization that involves the exercise of new or extended services
outside a public agency's current service area by contract or
agreement, as defined in subdivision (n) of Section 56021, shall only
be initiated in accordance with Article 1.6 (commencing with Section
56824.20) of Chapter 5.
   (c) At least 21 days before the adoption of the resolution, the
legislative body may give mailed notice of its intention to adopt a
resolution of application to the commission and to each interested
agency and each subject agency. The notice shall generally describe
the proposal and the affected territory.
   (d) Except for the provisions regarding signers and signatures, a
resolution of application shall contain all of the matters specified
for a petition in Section 56700 and shall be submitted with a plan
for services prepared pursuant to Section 56653.  
  SEC. 3.    Section 56800.5 is added to the
Government Code, to read:
   56800.5.  For a proposal for a change of organization that
involves the exercise of new or extended services outside a public
agency's current service area by contract or agreement, as defined in
subdivision (n) of Section 56021, the executive officer shall
prepare, or cause to be prepared by contract, a comprehensive fiscal
analysis. This analysis shall become part of the report required
pursuant to Section 56665. Data used for the analysis shall be from
the most recent fiscal year for which data are available, preceding
the issuance of the certificate of filing. When data requested by the
executive officer in the notice of affected agencies are
unavailable, the analysis shall document the source and methodology
of the data used. The analysis shall review and document each of the
following:
   (a) The costs to the public agency that has proposed to provide
new or extended services during the three fiscal years following a
public agency entering into a contract to provide new or extended
services outside its current service area by contract or agreement,
in accordance with the following requirements:
   (1) The executive officer shall include all direct and indirect
cost impacts to the existing service provider in the affected
territory.
   (2) The executive officer shall review 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 shall
make a reasonable determination of the costs expected to be borne by
the public agency providing new or extended services.
   (b) The revenues of the public agency that has proposed a new or
extended service outside its current service area during the three
fiscal years following the effective date of a contract or agreement
with another public agency to provide a new or extended service.
   (c) The effects on the costs and revenues of any affected public
agency, including the public agency proposing to provide the new or
extended service, during the three fiscal years that the new or
extended service will be provided.
   (d) Any other information and analysis needed to make the findings
required by Section 56824.24.  
  SEC. 4.    Section 56824.10 of the Government Code
is amended to read:
   56824.10.  Commission proceedings for the exercise of new or
different functions or classes of services or divestiture of the
power to provide particular functions or classes of services, within
all or part of the jurisdictional boundaries of a special district,
pursuant to paragraph (1) of subdivision (b) of Section 56654, may be
initiated by a resolution of application in accordance with this
article.  
  SEC. 5.    Section 56824.12 of the Government Code
is amended to read:
   56824.12.  (a) A proposal by a special district to provide a new
or different function or class of services or divestiture of the
power to provide particular functions or classes of services, within
all or part of the jurisdictional boundaries of a special district,
pursuant to paragraph (1) of subdivision (b) of Section 56654, shall
be made by the adoption of a resolution of application by the
legislative body of the special district and shall include all of the
matters specified for a petition in Section 56700, except paragraph
(6) of subdivision (a) of Section 56700, and be submitted with a plan
for services prepared pursuant to Section 56653. The plan for
services for purposes of this article shall also include all of the
following information:
   (1) The total estimated cost to provide the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (2) The estimated cost of the new or different function or class
of services to customers within the special district's jurisdictional
boundaries. The estimated costs may be identified by customer class.

   (3) An identification of existing providers, if any, of the new or
different function or class of services proposed to be provided and
the potential fiscal impact to the customers of those existing
providers.
   (4) A written summary of whether the new or different function or
class of services or divestiture of the power to provide particular
functions or classes of services, within all or part of the
jurisdictional boundaries of a special district, pursuant to
paragraph (1) of subdivision (b) of Section 56654, will involve the
activation or divestiture of the power to provide a particular
service or services, service function or functions, or class of
service or services.
   (5) A plan for financing the establishment of the new or different
function or class of services within the special district's
jurisdictional boundaries.
   (6) Alternatives for the establishment of the new or different
functions or class of services within the special district's
jurisdictional boundaries.
   (b) The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer. Except as provided in subdivision (c), the
commission shall process resolutions of application adopted pursuant
to this article in accordance with Section 56824.14.
   (c) (1) Prior to submitting a resolution of application pursuant
to this article to the commission, the legislative body of the
special district shall conduct a public hearing on the resolution.
Notice of the hearing shall be published pursuant to Sections 56153
and 56154.
   (2) Any affected local agency, affected county, or any interested
person who wishes to appear at the hearing shall be given an
opportunity to provide oral or written testimony on the resolution.
 
  SEC. 6.    Article 1.6 (commencing with Section
56824.20) is added to Chapter 5 of Part 3 of Division 3 of Title 5 of
the Government Code, to read:

      Article 1.6.  Fire Protection Services


   56824.20.  Commission proceedings pursuant to paragraph (2) of
subdivision (b) of Section 56654 may be initiated in accordance with
this article.
   56824.22.  (a) A proposal for a change of organization that
involves the exercise of new or extended services outside a public
agency's current service area by contract or agreement, as defined in
subdivision (n) of Section 56021, 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
proposal 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
service area.
   (2) In the case of a public agency that is a state agency, the
proposal shall be initiated by the director of the state agency
proposing to provide new or extended services outside the agency's
current service area and be approved by the Governor.
   (b) Prior to submitting a resolution of application pursuant to
this article to the commission, the legislative body of a public
agency or the director of a state agency shall do all of the
following:
   (1) Obtain and submit 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 change of
organization.
   (2) Conduct a public hearing on the resolution. Notice of the
hearing shall be published pursuant to Sections 56154 and 56156. The
legislative body of the public agency or the director of the state
agency shall provide an affected public agency or an interested
person who wishes to appear at the hearing the opportunity to present
oral or written testimony on the resolution.
   (c) A proposal for a change of organization submitted pursuant to
this article shall be submitted with a plan for services prepared
pursuant to Section 56653. The plan for services shall include all of
the following information:
   (1) The total estimated cost to provide the new or extended
services in the affected territory.
   (2) The estimated cost of the new or extended 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
services in the affected territory.
   (5) Alternatives for the exercise of the new or extended services
in the affected territory.
   (d) 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 article shall file a certified copy of the
resolution with the executive officer. The commission shall process
resolutions of application adopted pursuant to this chapter in
accordance with Section 56824.24.
   56824.24.  (a) The commission shall review and approve or
disapprove a proposal for a change of organization as defined in
subdivision (n) of Section 56021 after a public hearing called and
held for that purpose. The commission shall not consider or approve a
proposal that does not comply with the requirements of subdivision
(b) of Section 56824.22.
   (b) (1) The commission shall not approve a proposal for a change
of organization as defined in subdivision (n) of Section 56021 unless
the commission determines that the public agency will have
sufficient revenues to carry out the exercise of the new or extended
services outside its current area, except as specified in paragraph
(2).
   (2) The commission may approve a proposal for a change of
organization as defined in subdivision (n) of Section 56021 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 services shall not be exercised.
   (c) Notwithstanding Section 56375, the commission shall not
approve a proposal for a change of organization as defined in
subdivision (n) of Section 56021 unless the commission finds, based
on the entire record, all of the following:
   (1) The proposed exercise of new or extended services outside a
public agency's current service area 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 comprehensive fiscal analysis
prepared pursuant to Section 56800.5.
   (3) The commission has reviewed the executive officer's report and
recommendation prepared pursuant to Section 56665 and 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 a new or extended service.
   (d) 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.
   (e) 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. 
   SECTION 1.    Section 56017.2 of the  
Government Code   is amended to read: 
   56017.2.  "Application" means any of the following:
   (a) A resolution of application or petition initiating a change of
organization or reorganization with supporting documentation as
required by the commission or executive officer.
   (b) A request for a sphere of influence amendment or update
pursuant to Section 56425.
   (c) A request by a city or district for commission approval of an
extension of services outside the agency's jurisdictional boundaries
pursuant to Section  56133.   56133 or 56134.

   SEC. 2.    Section 56133 of the  Government
Code   is amended to read: 
   56133.  (a) A city or district may provide new or extended
services by contract or agreement outside its jurisdictional
boundaries only if it first requests and receives written approval
from the commission in the affected county.
   (b) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries but
within its sphere of influence in anticipation of a later change of
organization.
   (c) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries and
outside its sphere of influence to respond to an existing or
impending threat to the public health or safety of the residents of
the affected territory if both of the following requirements are met:

   (1) The entity applying for the contract approval has provided the
commission with documentation of a threat to the health and safety
of the public or the affected residents.
   (2) The commission has notified any alternate service provider,
including any water corporation as defined in Section 241 of the
Public Utilities Code, or sewer system corporation as defined in
Section 230.6 of the Public Utilities Code, that has filed a map and
a statement of its service capabilities with the commission.
   (d) The executive officer, within 30 days of receipt of a request
for approval by a city or district of a contract to extend services
outside its jurisdictional boundary, shall determine whether the
request is complete and acceptable for filing or whether the request
is incomplete. If a request is determined not to be complete, 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, unless the commission has
delegated approval of those requests to the executive officer. The
commission or executive officer shall approve, disapprove, or approve
with conditions the contract for extended services. If the contract
is disapproved or approved with conditions, the applicant may request
reconsideration, citing the reasons for reconsideration.
   (e) This section does not apply to  contracts 
 any of the following: 
    (1)    Contracts  or agreements solely
involving two or more public agencies where the public service to be
provided is an alternative to, or substitute for, public services
already being provided by an existing public service provider and
where the level of service to be provided is consistent with the
level of service contemplated by the existing service provider.
 This section does not apply to contracts 
    (2)     Contracts  for the transfer of
nonpotable or nontreated water.  This section does not apply
to contracts 
    (3)     Contracts  or agreements
solely involving the provision of surplus water to agricultural lands
and facilities, including, but not limited to, incidental
residential structures, for projects that serve conservation purposes
or that directly support agricultural industries. However, prior to
extending surplus water service to any project that will support or
induce development, the city or district shall first request and
receive written approval from the commission in the affected county.
 This section does not apply to an 
    (4)     An  extended service that a
city or district was providing on or before January 1, 2001. 
This section does not apply to a 
    (5)     A  local publicly owned
electric utility, as defined by Section 9604 of the Public Utilities
Code, providing electric services that do not involve the
acquisition, construction, or installation of electric distribution
facilities by the local publicly owned electric utility, outside of
the utility's jurisdictional boundaries. 
   (6) A fire protection reorganization contract, as defined in
subdivision (a) of Section 56134. 
   SEC. 3.    Section 56134 is added to the  
Government Code   , to read:  
   56134.  (a) (1) For the purposes of this section, "fire protection
reorganization contract" means a contract or agreement for the
exercise of new or extended fire protection services outside a public
agency's current service area, 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, that does
either of the following:
   (A) Transfers responsibility for providing services in more than
25 percent of the service area 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 current service
area, 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, 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
reorganization 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 reorganization
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
services provided under a fire protection reorganization 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
service area.
   (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 service area and be approved by the Governor.
   (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 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 change of organization.
   (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) Part 1 Division 2 Title 5) or the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) Chapter 1 Part 1 Division 3 Title 2), as applicable.
   (e) A resolution of application submitted pursuant to this section
must be submitted with a fire services reorganization contract plan
that conforms to the requirements of Section 56653. The plan 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.
   (f) The applicant shall cause to be prepared by contract an
independent comprehensive fiscal analysis to be submitted with the
application pursuant to this section. The analysis shall review and
document:
   (1) The costs to the public agency that has proposed to provide
new or extended fire protection services during the three fiscal
years following a public agency entering into a fire protection
reorganization contract, in accordance with the following
requirements:
   (A) The analysis must include all direct and indirect cost impacts
to the existing service provider in the affected territory.
   (B) The analysis must review 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 shall make a reasonable
determination of the costs expected to be borne by the public agency
providing new or extended fire protection services.
   (2) The revenues of the public agency that has proposed a new or
extended fire protection services outside its current service area
during the three fiscal years following the effective date of a
contract or agreement with another public agency to provide a new or
extended service.
   (3) The effects on the costs and revenues of any affected public
agency, including the public agency proposing to provide the new or
extended fire protection services, during the three fiscal years that
the new or extended fire protection services will be provided.
   (4) 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
reorganization 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 not to be complete,
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 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 reorganization 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 current area, except as specified in
paragraph (2).
   (2) The commission may approve an application for approval of a
fire protection reorganization 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 reorganization contract unless the commission
finds, 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 current service area 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 comprehensive 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 a 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. 
   SEC. 7.   SEC. 4.   The Legislature
finds and declares that Section  6   3  of
this act, which adds Section  56824.22   56134
 to the Government Code, furthers, within the meaning of
paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution, the purposes of that constitutional section
as it relates to the right of public access to the meetings of local
public bodies or the writings of local public officials and local
agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the Legislature makes
the following findings:
   This act provides for notice  to the public  in
accordance with existing provisions of the Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 and will ensure that the
right of public access to local agency meetings is protected.