BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 2156 HEARING: 5/14/14
AUTHOR: Achadjian FISCAL: No
VERSION: 3/24/14 TAX LEVY: No
CONSULTANT: Urquiza
LOCAL AGENCY FORMATION COMMISSIONS: STUDIES
Adds joint powers agencies and joint powers authorities to
the list of entities LAFCOs may request information from
for purposes of conducting studies.
Background and Existing Law
The Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000 sets forth the powers and duties of local
agency formation commissions (LAFCOs). Located in every
county, LAFCOs are responsible for coordinating changes in
governmental boundaries and conducting studies that review
ways to reorganize, simplify, and streamline governmental
structures to ensure that services are provided efficiently
and economically. In order to conduct studies, such as
determining local agencies' maximum service areas and
service capacities, LAFCOs are authorized to request land
use information, studies, and plans from cities, counties,
districts, regional agencies, and state agencies and
departments. These entities must comply with a LAFCO's
request for information. A LAFCO must make its studies
available to public agencies and any interested person.
The Joint Exercise of Powers Act allows two or more public
agencies to use their powers in common if they sign a joint
powers agreement. Sometimes an agreement creates a new,
separate government called a joint powers agency or joint
powers authority (JPA). Local agencies that provide
municipal services, such as wastewater treatment or water
supplies, can enter into joint powers agreement and create
JPAs to achieve service efficiencies. JPAs do not
explicitly fall under LAFCO review. There is no single
entity that provides oversight of JPAs. While LAFCOs can
request specified information from individual special
districts and other local government agencies, LAFCOs don't
have statutory authority to review JPAs' agreements, even
AB 2156 -- 3/24/14 -- Page 2
when JPAs are formed by local agencies and provide direct
municipal services.
Proposed Law
Assembly Bill 2156 adds joint powers agencies and joint
powers authorities (JPAs) to the list of governmental
agencies a LAFCO may request information from to conduct
its studies.
AB 2156 adds a joint powers agreement to the list of
information a LAFCO may request to conduct its studies.
AB 2156 adds JPAs to the list of governmental agencies that
must comply with information requests from LAFCOs.
The bill defines 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.
State Revenue Impact
No estimate.
Comment
Purpose of the bill . Many local agencies provide municipal
services through JPAs. LAFCOs have no statutory authority
to review JPA's boundaries or services in the same way that
they can for individual special districts and other local
government agencies. In a report evaluating LAFCOs'
capabilities to review the effectiveness and accountability
of special districts, the Legislative Analyst's Office
(LAO) recommended that the Legislature consider expanding
LAFCOs' authority to oversee JPAs that provide municipal
services. AB 2156 enacts the LAO's recommendation, helping
LAFCOs fulfill their statutory mission of ensuring that
municipal services are provided efficiently and
AB 2156 -- 3/24/14 -- Page 3
economically.
Assembly Actions
Assembly Local Government:
9-0
Assembly Floor:
74-0
Support and Opposition (5/8/14)
Support : California Association of Local Agency Formation
Commissions; Butte Local Agency Formation Commission;
Contra Costa Local Agency Formation Commission; Marin Local
Agency Formation Commission; Napa County Local Agency
Formation Commission; Orange County Local Agency Formation
Commission; San Benito Local Agency Formation Commission;
San Bernardino Local Agency Formation Commission; San Diego
Local Agency Formation Commission; San Luis Obispo Local
Agency Formation Commission; Sonoma Local Agency Formation
Commission; Stanislaus Local Agency Formation Commission;
Yolo Local Agency Formation Commission.
Opposition : Unknown.