BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2156|
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CONSENT
Bill No: AB 2156
Author: Achadjian (R)
Amended: 3/24/14 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 5/14/14
AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu, Walters
NO VOTE RECORDED: Knight
ASSEMBLY FLOOR : 74-0, 4/10/14 (Consent) - See last page for vote
SUBJECT : Local agency formation commissions: studies
SOURCE : Author
DIGEST : This bill adds joint powers agencies and joint powers
authorities (JPA) to the list of entities local agency formation
commissions (LAFCOs) may request information from for purposes
of conducting studies.
ANALYSIS : The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 sets forth the powers and duties of
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,
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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 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 when JPAs are formed
by local agencies and provide direct municipal services.
This bill:
1. Adds joint powers agencies and JPAs to the list of
governmental agencies a LAFCO may request information from to
conduct its studies.
2. Adds a joint powers agreement to the list of information a
LAFCO may request to conduct its studies.
3. Adds JPAs to the list of governmental agencies that must
comply with information requests from LAFCOs.
4. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/15/14)
Amador Local Agency Formation Commission
Butte Local Agency Formation Commission
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California Association of Local Agency Formation Commissions
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
ARGUMENTS IN SUPPORT : The author's office states, this bill
adds JPAs, which provide municipal services, to the existing
list of governmental agencies that must comply with requests
from LAFCOs for information. This bill takes the first step in
implementing an LAO recommendation to include joint powers
authorities among the entities under the purview of LAFCOs.
Doing so ensures greater transparency of JPAs that provide
services and give additional tools to LAFCOs to complete their
statutory mission of efficient provision of government services.
ASSEMBLY FLOOR : 74-0, 4/10/14
AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Dickinson, Donnelly, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Alejo, Daly, Eggman, Jones, Salas, Vacancy
AB:d 5/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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