SB 1266, as amended, 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,
thatbegin delete includes a member that is a local agency and isend deletebegin insert meets the definition ofend insert a joint powers authority or joint powers agency,begin insert as specified, that was formed for the purpose of providing municipal services, and that includes a local agency member, as specified,end insert to also file a copy of the agreement or amendmentbegin insert to the agreementend insert with the local agency formation commission in eachbegin delete of the counties in eachend delete county within which all or any partbegin insert ofend insert
a local agency member’s territory is located within 90 days after the effective date of the agreement orbegin delete amendment.end deletebegin insert
amendment to the agreement.end insert The bill would also requirebegin delete a separateend deletebegin insert anend insert agency or entity thatbegin delete is aend deletebegin insert meets the definition of aend insert joint powers authority or joint powersbegin delete 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,end deletebegin insert agency, as specified, that was formed for the purpose of
providing municipal services prior to the effective date of this act, and that includes a local agency member, as specified,end insert to file a copy of the agreementbegin insert and any amendments to the agreementend insert with the local agency formation commission in eachbegin delete of the counties in eachend delete county within which all or any partbegin insert ofend insert a local agency member’s territory is located no later than July 1, 2017.begin delete The bill would define the terms “local agency,” “joint powers authority,” and “joint powers agency” by reference to
specified statutes for these purposes.end delete
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 6503.6 of the Government Code is
2amended to read:
When an agency or entity files a notice of agreement
4orbegin delete amendmentend deletebegin insert amendment to the agreementend insert with the office of the
5Secretary of State pursuant to Section 6503.5, the agency or entity
6shall file a copy of the full text of the original joint powers
7agreement, and anybegin delete amendmentsend deletebegin insert amendmentend insert to the agreement,
8with the Controller.begin delete If the agency or entity includes a member that begin insert
An agency or entity that meets the definition
9is a local agency, as defined in Section 56054, and is a joint powers
P3 1authority or joint powers agency, as defined in Section 56047.7,
2the agency or entityend delete
3of a joint powers authority or joint powers agency under Section
456047.7 that was formed for the purpose of providing municipal
5services and that includes a local agency member that is a city,
6district, or countyend insert shall, within 90 days after the effective date of
7the agreement orbegin delete amendment,end deletebegin insert amendment to the agreement,end insert file
8a copy of the agreement or amendmentbegin insert to the agreementend insert with the
9local agency formation commission in each county within which
10all or any partbegin insert ofend insert a local agency
member’s territory is located.
Section 6503.8 is added to the Government Code, to
12read:
No later than July 1, 2017,begin delete a separateend deletebegin insert anend insert agency or
14entity thatbegin delete is a joint powers authority or joint powers agency, as begin insert meets the
definition of a joint powers authority or joint
15defined in Section 56047.7, and was constituted pursuant to a joint
16powers agreement that includes as a member a local agency, as
17defined in Section 56054, and was entered into prior to January 1,
182017, shall, as the agency responsible for the administration of the
19agreement,end delete
20powers agency under Section 56047.7 that was formed for the
21purpose of providing municipal services prior to the effective date
22of this section, and that includes a local agency member that is a
23city, district, or county, shallend insert cause a copy of the agreement and
24any amendments to the agreement to be filed with the local agency
25formation commission in eachbegin delete affected county.end deletebegin insert county within which
26all or any part of a local agency member’s territory is located.end insert
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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