(a)
In any resolution ordering a merger or establishment of a subsidiary district, the commission shall approve the change of organization without an election except that if the change of organization meets the requirements of subdivision (b), the commission shall order the change of organization subject to confirmation of the voters.
(b)
The commission shall order the change of organization subject to confirmation of the voters within any subject agency 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 one of the following protest thresholds:
(A)
In the case of inhabited territory, protests have been signed by either of the following:
(i)
At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)
At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, the affected territory.
(B)
In the case of a landowner-voter district, that the territory is uninhabited and that protests have been signed by at least 25 percent of the number of landowners within the affected territory owning at least 25 percent of the assessed value of land within the territory.
(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 as follows:
(A)
In the case of inhabited territory, protests have been signed by either of the following:
(i)
At least 25 percent of the number of landowners within any subject agency within the affected territory who own at least 25 percent of the assessed value of land within the territory.
(ii)
At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory.
(B)
In the case of a landowner-voter district, that the territory is uninhabited and
protests have been signed by at least 25 percent of the number of landowners within any subject agency within the affected territory, owning at least 25 percent of the assessed value of land within the subject agency.
(3)
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 57113.
(c)
Notwithstanding subdivision (a) or (b), the commission shall not order the merger or establishment of a subsidiary district without the consent of the subject city.