BILL NUMBER: SB 1266	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McGuire

                        FEBRUARY 18, 2016

   An act to amend Section 6503.6 of, and to add Section 6503.8 to,
the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1266, as introduced, McGuire. Joint Exercise of Powers Act:
agreements: filings.
   The Joint Exercise of Powers Act generally authorizes 2 or more
public agencies, by agreement, to jointly exercise any common power,
which is generally termed a joint powers agreement. When a joint
powers agreement provides for the creation of an agency or entity,
separate from the parties to the agreement and responsible for its
administration, existing law requires that agency or entity to cause
a notice of the agreement or amendment to be prepared and filed, as
specified, with the Secretary of State. Existing law requires an
agency or entity that files a notice of agreement or amendment with
the Secretary of State to also file a copy of the original joint
powers agreement, and any amendments to the agreement, with the
Controller.
   This bill would require an agency or entity required to file
documents with the Controller, as described above, that includes a
member that is a local agency and is a joint powers authority or
joint powers agency, to also file a copy of the agreement or
amendment with the local agency formation commission in each of the
counties in each county within which all or any part a local agency
member's territory is located within 90 days after the effective date
of the agreement or amendment. The bill would also require a
separate agency or entity that is a joint powers authority or joint
powers agency and was constituted pursuant to a joint powers
agreement that includes as a member a local agency and was entered
into prior to January 1, 2017, and is responsible for the
administration of the agreement, to file a copy of the agreement with
the local agency formation commission in each of the counties in
each county within which all or any part a local agency member's
territory is located no later than July 1, 2017. The bill would
define the terms "local agency," "joint powers authority," and "joint
powers agency" by reference to specified statutes for these
purposes.
   By requiring specified joint powers agencies to file certain
documents with a local agency formation commission, this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6503.6 of the Government Code is amended to
read:
   6503.6.   Whenever   When  an agency or
entity files a notice of agreement or amendment with the office of
the Secretary of State pursuant to Section 6503.5, the agency or
entity shall file a copy of the full text of the original joint
powers agreement, and any amendments to the agreement, with the
Controller.  If the agency or entity includes a member that is a
local agency, as defined in Section 56054, and is a joint powers
authori   ty or joint powers agency, as defined in Section
56047.7, the agency or entity shall, within 90 days after the
effective date of the agreement or amendment, file a   copy
of the agreement or amendment with the local agency formation
commission in each county within which all or any part a local agency
member's territory is located. 
  SEC. 2.  Section 6503.8 is added to the Government Code, to read:
   6503.8.  No later than July 1, 2017, a separate agency or entity
that is a joint powers authority or joint powers agency, as defined
in Section 56047.7, and was constituted pursuant to a joint powers
agreement that includes as a member a local agency, as defined in
Section 56054, and was entered into prior to January 1, 2017, shall,
as the agency responsible for the administration of the agreement,
cause a copy of the agreement and any amendments to the agreement to
be filed with the local agency formation commission in each affected
county.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.