BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1266


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          Date of Hearing:  June 15, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          1266 (McGuire) - As Amended April 12, 2016


          SENATE VOTE:  36-0


          SUBJECT:  Joint Exercise of Powers Act:  agreements:  filings


          SUMMARY:  Requires joint powers authorities (JPA) or joint  
          powers agencies that provide municipal services to file joint  
          powers agreements and amendments with local agency formation  
          commissions.   Specifically, this bill:   


          1)Requires a JPA to file with a local agency formation  
            commission (LAFCO) the full text of the joint powers  
            agreement, and any amendments to the agreement, in the same  
            manner as filed with the State Controller under existing law,  
            if the JPA:  


             a)   Meets the definition of a JPA provided in existing law  
               which defines a JPA formed for the local performance of  
               governmental functions that includes the provision of  
               municipal services; and, 


             b)   Includes a local agency member that is a city, county,  








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               or district.  


          2)Requires the filing to be with the LAFCO in each county within  
            which all or any part of a local agency's member's territory  
            is located.  


          3)Requires a JPA formed prior to January 1, 2017, and that meets  
            the criteria in 1) above, to file a copy of the agreement and  
            any amendments to the agreement with the LAFCO in each county  
            which all or any part of a local agency's territory is located  
            no later than July 1, 2017.  


          4)Prohibits any agency or entity administering a joint powers  
            agreement or amendment to an agreement which fails to file the  
            notice with a LAFCO, from issuing any bonds or incurring  
            indebtedness of any kind until filings are completed.  


          5)Provides that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state,  
            reimbursement to local agencies and school districts for those  
            costs shall be made, pursuant to current law governing state  
            mandated local costs.  


          EXISTING LAW:   


          1)Establishes the Cortese-Knox-Hertzberg Local Government  
            Reorganization Act of 2000 (Act).  



          2)Requires LAFCOs to initiate and make studies of existing  
            governmental agencies, which include, but not be limited to,  
            inventorying agencies and determining their maximum service  








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            area and service capacities.  



          3)Authorizes LAFCOs, in conducting the studies, to request for  
            land use information, studies, and plans of cities, counties,  
            districts, including school districts, community college  
            districts, regional agencies, JPAs, and state agencies and  
            departments.
          4)Requires cities, counties, districts, including school  
            districts, community college districts, regional agencies,  
            JPAs, and state agencies and departments to comply with a  
            LAFCO's request for information.  





          5)Defines, in the Act, a "joint powers agency or a joint powers  
            authority" to mean an agency or entity formed, pursuant to the  
            Joint Exercise of Powers Act, that is formed for the local  
            performance of governmental functions that includes the  
            provision of municipal services.  



          6)Establishes the Joint Exercise of Powers Act.  



          7)Requires a JPA, when a joint powers agreement provides for the  
            creation or an agency or entity that is separate from the  
            parties to the agreement, to prepare and file notice of the  
            agreement or amendment within 30 days after the effective date  
            with the office of the Secretary of State and with the State  
            Controller.  











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          8)Requires the notice to contain a) the name of each public  
            agency party to the agreement; 
          b) the effective date of the agreement; c) a statement of the  
            purpose of the agreement or the power to be exercised; and d)  
            a description of the amendment, if any.



          9)Prohibits a JPA that failed to file notice, pursuant to 7),  
            above, from issuing any bonds or incurring indebtedness until  
            such filings are completed.  



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           


          COMMENTS:   


          1)Bill Summary.  This bill requires JPAs that are formed for the  
            purposes of providing municipal services, which include a  
            local agency member that is a city, district, or county, to  
            file a copy of the full text of the joint powers agreement and  
            any amendments to the agreement with LAFCOs.  JPAs that fit  
            the specified criteria, but were formed prior to January 1,  
            2017, would be required to file the agreement and amendments  
            with LAFCO, no later than July 1, 2017.  Similar to the  
            prohibition established in existing law for failing to file  
            with the Controller's office, JPAs would be prohibited from  
            issuing bonds or incurring indebtedness until filings are  
            completed with LAFCO.  


          2)Author's Statement.  According to the author, "Many existing  
            JPAs provide municipal services to communities throughout  
            California.  However, LAFCO officials frequently possess no  








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            information about the existence and activities of some JPAs  
            that provide municipal services.  This lack of information  
            about municipal service-providing JPAs makes it difficult for  
            LAFCOs to fulfill their statutory responsibility to plan and  
            oversee the responsive, efficient and effective delivery local  
            government services.  A 2011 report produced by the  
            Legislative Analyst's Office [LAO] noted that LAFCOs lack the  
            legal authority to ensure that JPAs are providing services and  
            using public funds efficiently and in a manner consistent with  
            current law.  The LAO suggested that JPAs should be subject to  
            a higher level of LAFCO oversight and identified "providing  
            LAFCOs with copies of all JPA agreements, including  
            amendments" as a policy option.   





            "SB 1266 does not grant LAFCOs any authority over JPAs'  
            formation, boundaries, organization, or services, fully  
            preserving the flexibility and autonomy that JPAs enjoy under  
            current law.  The bill helps LAFCOs provide better oversight  
            of municipal service delivery by providing them with crucial  
            information about JPAs that provide those services."  


          3)Background.  With a LAFCO in each of California's 58 counties,  
            every commission is responsible for coordinating changes in  
            governmental boundaries, conducting studies that review ways  
            to reorganize, simplify, and streamline governmental  
            structures and ensure that services are provided efficiently  
            and economically. As part of their oversight, LAFCOs are  
            authorized to request information and governmental agencies  
            under their review are required to comply with the  
            commission's request.  


            Current law authorizes LAFCOs, in conducting studies, to  
            request specified information from local and state agencies in  








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            order to inventory agencies and examine issues like their  
            maximum service area and service capacities.  AB 2156  
            (Achadjian), Chapter 21, Statutes of 2014, added JPAs that  
            provide municipal services to the list of existing  
            governmental agencies that must comply with requests from  
            LAFCOs for information.  AB 2156 sought to address some of the  
            issues identified by the LAO in 2012.  


            In a January 2012 letter to Assembly Member Dickinson, the LAO  
            recommended that the Legislature consider expanding JPA  
            oversight authority to LAFCOs.  





            "We would also suggest the Legislature consider expanding  
            LAFCO authority to oversee JPAs.  As we describe, LAFCOs have  
            no statutory authority to oversee the JPAs that districts or  
            general-purpose governments enter into.  This includes JPAs  
            that are providing services, such as wastewater treatment or  
            water supply.  Consequently, LAFCOs have no statutory  
            authority to review the financial and service data of these  
            JPA's boundaries or services in the same way that it can for  
            individual special districts and other local government  
            agencies.  We do not think this expanded authority should be  
            undertaken with the intent of discouraging the use of JPAs  
            because those agreements are one strategy that special  
            districts use to achieve higher efficiencies.  However, we  
            think that it is important that the entities created under  
            JPAs be subject to some level of oversight akin to the  
            districts and general-purpose governments that utilize them."   



          4)JPAs.  The Joint Exercise of Powers Act provides the statutory  
            authority for public entities to create and use a joint powers  
            agreement, which is a legal framework for state and local  








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            governments to exercise common powers and even create new  
            public entities.  They are an attractive tool for local  
            governments because they facilitate more efficient service  
            provision through collaboration, and because they permit local  
            entities to issue bonds without voter ratification.  



            On March 21, 2012, the Committee held an informational hearing  
            on the state of oversight of JPAs.  The hearing found that  
            data collection on JPAs appears to be incomplete and  
            under-resourced, filing compliance is less than ideal, and  
            oversight remains somewhat fragmentary.  The uses of JPAs fall  
            into five groups: general public services, financial services,  
            insurance pooling and purchasing discounts, planning services,  
            and regulatory enforcement.  This bill only pertains to those  
            JPAs formed for the local performance of governmental  
            functions that includes the provision of municipal services.  


          5)Arguments in Support.  The California Association of Local  
            Agency Formation Commissions argues "Under existing law, there  
            is no means for LAFCOs to be informed of the existence and  
            activities of local municipal service providing JPAs, which  
            creates an increasing challenge for LAFCOs in meeting their  
            standing directive to plan and oversee the responsive,  
            efficient and effective delivery local government services.   
            This is especially true given the expanding role of JPAs in  
            delivering municipal services.  This bill closes that gap."  


          6)Arguments in Opposition.  None on file.  


          REGISTERED SUPPORT / OPPOSITION:












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          Support


          California Association of Local Agency Formation Commissions  
          [SPONSOR]


          Local Agency Formation Commissions of Alameda, Contra Costa,  
          Imperial, Marin, Merced, 


            Napa, Riverside, San Diego. San Luis Obispo, San Mateo, and  
          Yolo




          Opposition


          None on file




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