BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 2762 HEARING: 6/11/14
AUTHOR: Committee on Local GovernmentFISCAL: Yes
VERSION: 5/6/14 TAX LEVY: No
CONSULTANT: Ewing
LOCAL AGENCY FORMATION COMMISSIONS
Proposes several changes to laws affecting local government
organization and reorganization.
Background
The Cortese-Knox-Hertzberg Local Government Reorganization
Act delegates the Legislature's power to control the
boundaries of cities and special districts to local agency
formation commissions (LAFCOs). The courts call LAFCOs the
Legislature's watchdog over local boundary changes.
As practitioners find problems with the
Cortese-Knox-Hertzberg Act, they ask for statutory
improvements. These minor problems do not warrant separate
(and expensive) bills.
Legislators respond by combining several of these minor
topics into an annual "omnibus bill." Although this
practice may violate a strict interpretation of the
single-subject and germaneness rules as presented in
Californians for an Open Primary v. McPherson (2006), it is
an expeditious and relatively inexpensive way to respond to
multiple requests. Last year's LAFCO clean-up bill was AB
1427 (Assembly Local Government Committee, Chapter 87,
2013).
Proposed Law
Assembly Bill 2762 makes several changes to state laws
affecting local agency formation commissions (LAFCOs).
1.In 2001 the Cortese-Knox-Hertzberg Local Government Act
of 2000 took effect, modifying its predecessor, the
Cortese-Knox Local Government Reorganization Act of 1985.
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The 2000 reorganization allowed for applications pending
before LAFCOs to be processed, if those applications had
been submitted prior to January 1, 2001. There are no
longer applications pending from before that date, making
the code section obsolete. AB 2762 repeals the obsolete
code section and its reference in a corresponding code
section.
2.Independent special district members who serve on LAFCO
are selected using an independent special district
selection committee. AB 2762 modifies the authority of
that committee in the following manner:
AB 2762 would allow a majority of the committee
members to determine to conduct the committee's
business by mail, including holding all elections by
mail.
AB 2762 specifies that for an election to be
valid, at least a quorum of special districts must
submit valid ballots. If a quorum of valid ballots
is not submitted according to the terms of an
election, the executive officer is authorized to
extend the date to submit ballots by 60 days. All
ballot materials must be retained for at least six
months following the announcement of results.
1.AB 2762 reauthorizes LAFCOs to review and comment on
extensions of services into previously unserved territory
or the creation of new service providers to extend urban
type development, consistent with the LAFCOs statutory
functions. This authority was enacted by AB 2259
(Salinas, Chapter 460, 2006) and it sunset on January 1,
2013. The reauthorization under AB 2762 would sunset on
January 1, 2019.
2.AB 2762 clarifies that a proposal for a change of
organization or reorganization can be submitted by a
local agency, or by others, such as a petition of
residents, which is common practice.
3.AB 2762 clarifies that the specific terms and conditions
imposed by a LAFCO, consistent with its specific
authority, prevail in the event of a conflict with any
general provisions under Government Code 57300.
4.Corrects other non-substantive, technical and
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cross-reference errors.
State Revenue Impact
No estimate.
Comment
1. Purpose of the bill . Even the best written statutes
contain minor flaws. When statutory problems appear in the
state law affecting LAFCOs, the Assembly Local Government
Committee avoids legislative costs by combining several
changes to the state laws into a single, consensus bill.
By carefully reviewing each item with the affected parties,
the Committee also avoids controversy. The changes made by
AB 2762 do not raise statewide policy questions. AB 2762
makes a complex statute easier for property owners,
residents, and local officials to use.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Appropriations 17-0
Assembly Floor: 73-0
Support and Opposition (6/5/14)
Support : Amador Local Agency Formation Commission; Butte
Local Agency Formation Commission; California Association
of Local Agency Formation Commissions; California Special
Districts Association; Contra Costa Local Agency Formation
Commission; Local Agency Formation Commission for the
County of Los Angeles; Local Agency Formation Commission
for San Bernardino; Local Agency Formation Commission of
Napa County; Local Agency Formation Commission of Yolo
County; Marin Local Agency Formation Commission; Orange
County Local Agency Formation Commission; Placer County
Local Agency Formation Commission; Riverside Local Agency
Formation Commission; San Benito Local Agency Formation
Commission; San Luis Obispo Local Agency Formation
Commission; Santa Clara County Local Agency Formation
Commission; Sonoma Local Agency Formation Commission;
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Stanislaus Local Agency Formation Commission.
Opposition : Unknown.