BILL ANALYSIS �
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CONSENT
Bill No: AB 2762
Author: Assembly Local Government Committee
Amended: 5/6/14 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 6/11/14
AYES: Wolk, Knight, Beall, DeSaulnier, Hernandez, Liu, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for
vote
SUBJECT : Local government
SOURCE : California Association of Local Agency Formation
Commissions
DIGEST : This bill makes several changes to laws affecting
local government organization and reorganization (LAFCOs).
ANALYSIS : The Cortese-Knox-Hertzberg Local Government
Reorganization Act delegates the Legislature's power to control
the boundaries of cities and special districts to 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.
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AB 2762
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This bill makes several changes to state laws affecting 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. 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.
This bill 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.
This bill modifies the authority of that committee in the
following manner:
A. Allows a majority of the committee members to
determine to conduct the committee's business by mail,
including holding all elections by mail.
B. 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.
3. 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,
Statutes of 2006) and it sunset on January 1, 2013. The
reauthorization under this bill sunsets on January 1, 2019.
4. Clarifies that a proposal for a change of organization or
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reorganization can be submitted by a local agency, or by
others, such as a petition of residents, which is common
practice.
5. 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.
6. Corrects other non-substantive, technical and cross-reference
errors.
Comments
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 this bill do not raise
statewide policy questions, and makes a complex statute easier
for property owners, residents, and local officials to use.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/23/14)
California Association of Local Agency Formation Commissions
(source)
Amador Local Agency Formation Commission
Butte Local Agency Formation Commission
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
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AB 2762
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Santa Clara County Local Agency Formation Commission
Sonoma Local Agency Formation Commission
Stanislaus Local Agency Formation Commission
ASSEMBLY FLOOR : 73-0, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,
Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Harkey, Roger Hern�ndez, Melendez,
Nestande, V. Manuel P�rez, Vacancy
AB:d 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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