BILL NUMBER: AB 419 AMENDED
AMENDED IN ASSEMBLY JANUARY 5, 2010
INTRODUCED BY Assembly Member Caballero
FEBRUARY 23, 2009
An act to add Section 6525.1 to the Government Code,
relating to joint powers agreements. An act to amend
Sections 57000, 57132, and 57132.5 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 419, as amended, Caballero. Joint powers agreements:
water utilities. Local government: change of
organization or reorganization: elections.
Existing law requires a local agency formation commission to
inform a board of supervisors or a city council when the commission
makes a determination that will require an election to be conducted
by that board or council, and requires the board of supervisors or
the city council to direct the elections official to conduct the
necessary election, as specified.
This bill would require the board of supervisors or the city
council to take action, to order and place the item on the ballot,
within 45 days of notification by the local agency formation
commission, and would require the elections official to place the
item on the ballot at the next regular election if the board of
supervisors or the city council fails to take action within 45 days
of the notification. This bill would also make conforming changes.
Existing law, the Joint Exercise of Powers Act, authorizes a
public agency, which is defined as a federal, state, or local
governmental agency, a public corporation, or a district or a
regional transportation commission, to enter into an agreement for
the joint exercise of powers and to create an agency or entity that
is separate from the parties to the agreement.
This bill would authorize a water utility that is regulated by the
Public Utility Commission to enter into a joint powers agreement
with one or more public agencies and other water suppliers, if the
purpose of the joint powers agreement pertains to regional or local
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 57000 of the
Government Code is amended to read:
57000. (a) After adoption of a resolution making determinations
by the commission pursuant to Part 3 (commencing with Section 56650),
protest proceedings for a change of organization or reorganization
not described in Section 57077 shall be taken pursuant to this part.
(b) If a proposal is approved by the commission, with or without
amendment, wholly, partially, or conditionally, the commission shall
conduct proceedings in accordance with this part. The proceedings
shall be conducted and completed pursuant to those provisions that
are applicable to the proposal and the territory contained in the
proposal as it is approved by the commission. If the commission
approves the proposal with modifications or conditions, proceedings
shall be conducted and completed in compliance with those
modifications or conditions.
(c) Any reference in this part to the commission also means the
executive officer for any function that the executive officer will
perform pursuant to a delegation of authority from the commission.
(d) When the commission makes a determination pursuant to this
division that will require an election to be conducted, it shall
inform the board of supervisors and the elections official of
the affected county, or the city council and the elections
official of the affected city of that determination and
request the board or the city council to direct the elections
official to conduct the necessary election.
(e) (1) When a board of supervisors or a
city council is informed by the commission that a determination has
been made that requires an election, it shall , within 45 days
of receipt of the notification, direct the elections official
to conduct the necessary election. The board or council shall do all
of the following:
(A) Call, provide for, and give notice of a special
election or elections upon that question.
(B) Fix a date of election.
(C) Designate precincts and polling places.
(D) Take any other action necessary to call, provide
for, and give notice of the special election or elections and to
provide for the conduct and the canvass of returns of the election,
as determined by the commission.
(2) If, within 45 days of receipt of the notification, the board
of supervisors or the city council fails to direct the elections
official to conduct the election pursuant to paragraph (1), the
elections official shall place the item on the ballot for the next
(3) This subdivision shall not apply to any application filed with
a commission prior to January 1, 2011.
(f) Any provision in this part that requires that an election be
called, held, provided for, or conducted shall mean that the
procedures specified in subdivisions (d) and (e) shall be followed.
SEC. 2. Section 57132 of the Government
Code is amended to read:
57132. The election on the question of the change of organization
or reorganization shall be called pursuant to Section 57000
and held on the next regular election date occurring at least
88 days after the date upon which the resolution calling the election
was adopted. This section does not apply to any election conducted
solely by mailed ballot pursuant to Chapter 1 (commencing with
Section 4000) of Division 4 of the Elections Code.
SEC. 3. Section 57132.5 of the
Government Code is amended to read:
57132.5. Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called pursuant to
Section 57000 and held at the next regular primary or general
election occurring in an even-numbered year at least 88 days after
the date on which the resolution calling the election was adopted.
SECTION 1. Section 6525.1 is added to the
Government Code, to read:
6525.1. Notwithstanding any other provision of law, a water
utility that is regulated by the Public Utilities Commission may
enter into a joint powers agreement with one or more public agencies
and other water suppliers, if the purpose of the joint powers
agreement pertains to regional or local water management, including,
but not limited to, water supply, water or wastewater treatment, or