BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2910


                                                                    Page  1





          Date of Hearing:  April 27, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2910  
          (Committee on Local Government) - As Amended April 18, 2016


          SUBJECT:  Local government:  organization:  omnibus bill.


          SUMMARY:  Makes several non-controversial changes to the laws  
          affecting local government organization and reorganization. 


          EXISTING LAW establishes the procedures for the organization and  
          reorganization of cities, counties, and special districts under  
          the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.  


          FISCAL EFFECT:  None


          COMMENTS:     


          1)Background.  As statutes go into effect, local officials and  
            others often discover problems or inconsistencies in the  
            language of the law and approach the Legislature to correct  
            them.  These minor problems do not warrant separate bills, so  
            this Committee has found that it is expeditious and relatively  
            inexpensive to respond to multiple minor, non-controversial  
            requests on related issues by combining them into an annual  
            "omnibus bill."  Since the major rewrite of the law governing  








                                                                    AB 2910


                                                                    Page  2





            local agency organization and reorganization [AB 2838  
            (Hertzberg), Chapter 761, Statutes of 2000], the Committee has  
            focused its omnibus bill efforts on LAFCO-related issues.  


            Prior bills authored by the Committee include: AB 2795,  
            Chapter 47, Statutes of 2010; 


            AB 1430, Chapter 300, Statutes of 2011; AB 2698, Chapter 62,  
            Statutes of 2012; AB 1427, Chapter 87, Statutes of 2013; AB  
            2762, Chapter 112, Statutes of 2014; and AB 1532, Chapter 114,  
            Statutes of 2015.   

            This bill reflects the concerns of local agency formation  
            commissions (LAFCOs) and other stakeholders who have brought  
            proposals and issues to the Committee.  All proposals are  
            vetted by a large number of stakeholders.  Any proposal that  
            provokes any controversy or opposition is rejected for  
            inclusion.  
          2)Bill Summary.  This bill makes several non-controversial  
            changes to the Cortese-Knox-Hertzberg Local Reorganization Act  
            (Act).  


            Existing law requires the filing of a Notice of Intent to  
            Circulate Petition (NOI) prior to the circulation of any  
            petition to initiate a change of organization.  The required  
            contents of the NOI are limited to basic information about the  
            proponent, the type of change, and the reasons for the  
            proposed change.  The NOI must be signed by the proponent or a  
            representative of the proponent.  Once the NOI is filed with  
            the executive officer, the petition requesting the boundary  
            change may be circulated for signature.  Many proposals  
            submitted to LAFCOs are initiated by the sole landowner of the  
            affected territory.  This requirement serves no purpose when  
            there is only a single landowner involved and that sole  
            landowner must file this notice before they can sign their own  
            petition.  








                                                                    AB 2910


                                                                    Page  3







            The NOI requirement originated as a recommendation from the  
            Commission on Local Governance for the 21st Century to assist  
            organizers of complex proposals in understanding the  
            requirements of the LAFCO process.  The reasoning was that  
            early notification to LAFCO would provide an opportunity to  
            explain all the requirements to citizen groups and avoid  
            formatting, legal, or procedural mistakes that could lead to  
            delays, such as recirculating a petition signed by thousands  
            of voters.  The purpose of this requirement was never directed  
            at simple proposals that are initiated by the sole affected  
            landowner.  This bill specifically exempts proposals initiated  
            by a landowner that owns all parcels in the affected  
            territory.  This bill does not alter any other notification,  
            posting, or protest requirements contained in LAFCO law for  
            proposed boundary changes.  





            Current law establishes the composition of LAFCOs, which  
            includes the appointment of a public member and an alternate  
            public member.  This bill ensures that existing law reflects  
            the practice of LAFCOs, which requires a public member to be a  
            resident of the affected county.  Under LAFCO law, only one  
            restriction is placed on the selection of public members - no  
            officer or employee of a county, city, or district within the  
            county may be appointed as a public member or alternate public  
            member.  This bill requires that a public member and alternate  
            public member be residents of the affected county and includes  
            cross references to individual LAFCOs whose composition is  
            established separately in a stand-alone section. 













                                                                    AB 2910


                                                                    Page  4





            Existing law specifies that one of the purposes of LAFCO is to  
            efficiently provide government services.  This bill makes  
            changes to more accurately reflect one of the purposes of  
            LAFCO, which is to encourage that government services provided  
            by local agencies are done so efficiently.  





            This bill contains technical and conforming changes to  
            statutes recently enacted by 


            SB 239 (Hertzberg), Chapter 763, Statutes of 2015; and, AB 851  
            (Mayes), Chapter 304, Statutes of 2015.  This bill also  
            corrects typos contained in the Act.  



          3)Arguments in Support.  Supporters argue that the  
            non-controversial changes included in this bill are necessary  
            as LAFCOs implement the Act.  


          4)Arguments in Opposition.  None on file


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Local Agency Formation Commissions  
          (CALAFCO)









                                                                    AB 2910


                                                                    Page  5






          Local Agency Formation Commissions of the Counties of:  Alameda,  
          Contra Costa, Imperial, 


            Los Angeles, Marin, Riverside, Santa Clara, Solano, Sonoma and  
          Yolo




          Opposition


          None on file




          Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958