BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 798|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 798
Author: Chesbro (D)
Amended: 6/14/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 6/8/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez,
Kehoe, La Malfa, Liu
ASSEMBLY FLOOR : 58-1, 4/14/11 - See last page for vote
SUBJECT : Joint powers agreement: public agencies
SOURCE : Smith River Rancheria
DIGEST : This bill allows the Smith River Rancheria
Tribal Council to enter into a joint powers agreement (JPA)
to participate in the Border Coast Regional Airport
Authority and may also enter into a JPA with the County of
Del Norte and/or the City of Crescent City to assist,
facilitate, develop, or enhance sewer, stormwater, drinking
water or transportation services. The Smith River
Rancheria Tribal Council is deemed to be a public agency
for the purposes of the Joint Exercise of Powers Act.
ANALYSIS : The Joint Exercise of Powers Act allows two or
more public agencies to use their powers in common if they
sign a joint powers agreement. Sometimes an agreement
creates a new, separate government called a JPA. Public
officials have created about 700 JPAs which are
CONTINUED
AB 798
Page
2
confederations of governments working together for common
purposes.
State law generally limits membership in JPAs to public
agencies: federal, state, and local governments. According
to a 1996 informal Attorney General's opinion, tribal
governments can't sign joint powers agreements because
Indian tribes are "domestic dependent nations" and not
public agencies as defined by the Act.
Nevertheless, the Legislature has allowed three tribal
governments to join JPAs:
The Hoopa Business Council can join the Humboldt
County Association of Governments (AB 1137 ÝHauser],
Chapter 73, Statutes of 1987).
The Torres Martinez Desert Cahuilla Indians can
join the Salton Sea Authority (AB 959 ÝKelley],
Chapter 19, Statutes of 2001).
The Elk Valley Rancheria Tribal Council can join a
JPA with Del Norte County or the City of Crescent
City, or both (AB 1172 ÝBerg], Chapter 39, Statutes of
2003).
The Del Norte County Regional Airport is a commercial
service and general aviation airport located north of
Crescent City (Del Norte County). The Border Coast
Regional Airport Authority, a JPA, operates the airport.
The JPA's governing board includes representatives from Del
Norte County, the City of Crescent City, the Elk Valley
Rancheria, the City of Brookings (Oregon), and Curry County
(Oregon). The Smith River Rancheria is a
federally-recognized sovereign tribal nation located about
14 miles north of Crescent City. As the governing body of
a community served by the Del Norte County Regional
Airport, the Smith River Rancheria Tribal Council wants the
same ability to become a member of the Border Coast Airport
Authority JPA that the Legislature granted to the Elk
Valley Rancheria Tribal Council.
This bill allows the Smith River Rancheria Tribal Council
to enter into a joint powers agreement (JPA) to participate
AB 798
Page
3
in the Border Coast Regional Airport Authority and may also
enter into a JPA with the County of Del Norte and/or the
City of Crescent City to assist, facilitate, develop, or
enhance sewer, stormwater, drinking water or transportation
services. The Smith River Rancheria Tribal Council is
deemed to be a public agency for the purposes of the Joint
Exercise of Powers Act.
This bill specifies that, on and after January 1, 2004,
joint powers authorities that the Smith River Rancheria
Tribal Council enters into are prohibited from having the
authority to authorize or issue Marks-Roos bonds unless:
The public improvements to be funded by the bonds
will be owned and maintained by the authorities or one
or more of its public agency members.
The revenue streams pledged to repay the bonds
derive from the authorities or one or more of its
public agency members.
Comments
The Border Coast Regional Airport Authority JPA already
includes a sovereign tribal government, the Elk Valley
Rancheria, as one of its members. Since 2007, the JPA has
operated the Del Norte County Regional Airport, which is a
vital transportation facility for the surrounding
communities. The JPA plans to significantly improve the
airport, including an expansion of the passenger terminal.
Although the airport directly affects the Smith River
Rancheria's tribal members and economic activities, the
Rancheria can't join the airport's JPA. AB 798 remedies
this unfair situation by giving the Smith River Rancheria
the same authority to participate in a JPA that the
Legislature gave to the Elk Valley Rancheria.
Prior Legislation
This bill is similar to several recently unsuccessful
legislative efforts to authorize tribal participation in
JPAs. Governor Schwarzenegger vetoed:
AB 2166 (Chesbro, 2010), which would have allowed the Smith
AB 798
Page
4
River Rancheria Tribal Council to join the Border Coast
Regional Airport Authority.
AB 1884 (Maze), 2007-08 Session, which would have allowed
the Tule River Tribal Council to join a JPA to develop land
near the Porterville airport.
AB 1962 (Berg), 2005-06 Session, which would have allowed
the Tribal Council of the Yurok Tribe to join a JPA to
restore fisheries in the Klamath River Basin.
AB 2762 (Levine), 2005-06 Session, which would have allowed
17 tribal governments to join a the Southern California
Association of Governments.
AB 1747 (Wolk), 2005-06 Session, which would have allowed
the Rumsey Band of Wintun Indians to join a JPA in Yolo
County.
The Governor's veto messages cited various concerns related
to tribes' exercising sovereign powers, particularly off
reservation lands, and expressed his preference that tribes
and local governments cooperate through "agreements and
memorandums of understanding."
Related legislation
AB 307 (Nestande), which authorizes any
federally-recognized Indian tribe to enter into a joint
powers agreement pursuant to state law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/11)
Smith River Rancheria (source)
Border Coast Regional Airport Authority
California Association of Tribal Governments
California Nations Indian Gaming Association
California State Association of Counties
California Tribal Business Alliance
California Valley Miwok Tribe
City of Crescent City
AB 798
Page
5
County of Del Norte
Elk Valley Rancheria
Ewiiaapaayp Band of Kumeyaay Indians
Paskenta Band of Nomlaki Indians of California
Regional Council of Rural Counties
Santa Ynez Band of Chumash Indians
Scotts Valley Band of Pomo Indians
Susanville Indian Rancheria
United Auburn Indian Community of Auburn Rancheria
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, Fletcher,
Fong, Fuentes, Furutani, Gatto, Gordon, Hagman, Hall,
Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Lara,
Bonnie Lowenthal, Ma, Miller, Mitchell, Monning,
Nestande, Nielsen, Norby, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wieckowski, Yamada, John A. Pérez
NOES: Halderman
NO VOTE RECORDED: Alejo, Butler, Conway, Donnelly, Feuer,
Galgiani, Garrick, Gorell, Grove, Harkey, Roger
Hernández, Jones, Knight, Logue, Mansoor, Mendoza,
Morrell, Olsen, Wagner, Williams, Vacancy
AB:do 6/14/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****