BILL NUMBER: AB 3503	CHAPTERED
	BILL TEXT

	CHAPTER   663
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 19, 1996
	PASSED THE ASSEMBLY   AUGUST 30, 1996
	PASSED THE SENATE   AUGUST 27, 1996
	AMENDED IN SENATE   AUGUST 23, 1996
	AMENDED IN ASSEMBLY   AUGUST 5, 1996

INTRODUCED BY  Assembly Member Weggeland

                        MAY 9, 1996

   An act relating to planning, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3503, Weggeland.  March Joint Powers Authority:  planning
authority.
   Pursuant to existing law, the public entity known as the March
Joint Powers Authority was created to jointly exercise any power
common to its members, which include the County of Riverside, and the
Cities of Riverside, Moreno Valley, and Perris.  Under existing law,
the authority is authorized to perform various functions, including
the establishment of the March Joint Powers Redevelopment Agency,
which is, in turn, responsible for establishment of the March Air
Force Base Redevelopment Project Area.
   This bill would find and declare that (1) the Joint Exercise of
Powers Act allows 2 or more public agencies to enter into agreements
to exercise their common powers; (2) specified provisions of existing
law allow 2 or more cities and counties to create joint area
planning agencies to exercise the powers and perform the duties set
forth in the Planning and Zoning Law; (3) the County of Riverside,
and the Cities of Moreno Valley, Perris, and Riverside, have formed
the March Joint Powers Authority to coordinate and promote the reuse
of the March Air Force Base and adjacent territory; (4) existing law
allows the March Joint Powers Authority to exercise the powers and
perform the duties of the legislative body or any other planning
agency of a city or county, or both, under the Planning and Zoning
Law, if authorized by the governing joint powers agreement; and (5)
the March Joint Powers Authority may exercise the powers and perform
the duties set forth in the Planning and Zoning Law within the
territory specified in the governing joint powers agreement.
   The bill also would state that the findings and declarations
contained in this bill would not constitute a change in, but are
declaratory of, existing law and that the bill shall not affect the
authority of a local agency, under provisions of law as they read on
the effective date of the enactment of this bill, to perform any
function set forth in the bill.
   The California Constitution provides that a local or special
statute is invalid in any case if a general statute can be made
applicable.
   This bill would declare that, due to the unique circumstances with
respect to circumstances applicable to the March Joint Powers
Authority, as regards the duties of the authority in connection with
the transfer of the real and other property comprising the military
reservation known as March Air Force Base, a statute of general
applicability within the meaning of specified provisions of the
California Constitution cannot be made applicable and a special
statute is necessary.
  This bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  The Legislature finds and declares as follows:
   (a) That Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code, commonly referred to as the Joint
Exercise of Powers Act, allows two or more public agencies to enter
into agreements to jointly exercise their common powers.
   (b) That Section 65101 of the Government Code allows two or more
cities and counties to create joint area planning agencies to
exercise the powers and perform the duties of the Planning and Zoning
Law, Title 7 (commencing with Section 65000) of the Government Code.

   (c) That the County of Riverside, the City of Moreno Valley, the
City of Perris, and the City of Riverside have formed a joint powers
agency called the March Joint Powers Authority to coordinate and
promote the reuse of the March Air Force Base and adjacent territory.

   (d) That existing law allows the March Joint Powers Authority to
exercise the powers and perform the duties of the legislative body or
any other planning agency of a city, county, or city and county
under the Planning and Zoning Law, if authorized by the joint powers
agreement that governs the authority. This finding is consistent with
the opinion of the Legislative Counsel of California, No. 24940,
dated August 1, 1996, printed in the Senate Daily Journal for the
1995-96 Regular Session of the California Legislature.
   (e) The March Joint Powers Authority may exercise the powers and
perform the duties set forth in the Planning and Zoning Law within
the territory specified by and pursuant to the terms of the joint
powers agreement which governs the authority.
   (f) The findings and declarations contained in this act do not
constitute a change in, but are declaratory of, existing law.
   (g) This act shall not affect the authority of a local agency,
under provisions of law as they read on the effective date of this
act, to perform any function set forth in this act.
  SEC. 2.  The Legislature finds and declares that because of the
unique circumstances applicable to the March Joint Powers Authority,
as regards the duties of the authority in connection with the
transfer of the real and other property comprising the military
reservation known as March Air Force Base, a statute of general
applicability cannot be enacted within the meaning of subdivision (b)
of Section 16 of Article IV of the California Constitution.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide for the transfer of the real and other
property comprising the military reservation known as the March Air
Force Base in Riverside County, and in order to minimize the economic
impacts of the military base realignment on the Inland region by
initiating planning and development for that property as soon as
possible, it is necessary for this act to take effect immediately.