Policy Filing Requirements by Stand-Alone Joint Powers Authorities or Agencies Providing Municipal Services

Any stand-alone joint powers authority or agency that (1) meets the definition in Government Code Section 56047.7; (2) includes the county, a city in the county, or a district in the county as a member; and (3) provides municipal services must file with the Commission a copy of any joint powers agreement or amendment(s) to an agreement within 30 days of the effective date of the agreement or amendment.

Joint powers authorities or agencies formed prior to January 1, 2017, must file joint powers agreements or amendment(s) to those agreements by July 1, 2017.

For the purpose of this policy, “municipal services” is defined as the following:

• Fire
• Fire and emergency medical
• Police
• Sanitary sewer
• Water

The Commission shall, as it deems necessary, exercise the authority granted pursuant to state law to request joint powers agreements from any local, regional, or state agency or entity, including joint powers authorities or agencies, regarding services in addition to those listed above, when in the Commission’s interest to resolve issues or concerns or initiate and make studies.

Legal Authority

The State Legislature passed and the Governor signed Senate Bill 1266 (McGuire) in the summer of 2016. The legislation amended Section 6503.6 of, and added Section 6503.8 to, the Government Code, relating to the Joint Exercise of Powers Act.

Background and Discussion

The California Joint Exercise of Powers Act (Government Code section 6500 et seq.) authorizes two or more public agencies to jointly exercise one or more common powers, generally via a joint powers agreement. When such an agreement provides for the creation of an agency or entity that is separate from the public agencies themselves and is responsible for the administration of the agreement, that agency or entity is required to file a copy of the agreement and any subsequent amendments with the Secretary of State and further with the State Controller, within 30 days after the agreement or amendment takes effect.

Any stand-alone joint powers authority or agency (JPA), as defined in the Cortese-Knox-Hertzberg Act, that was formed for the purpose of providing municipal services and has, as a member, a county, city or special district must provide to LAFCO a copy of any joint powers agreements or amendments to such agreements within 30 days of the effective date of the agreement or amendment. Agreements of JPAs formed prior to January 1, 2017, must provide agreements or amendments to LAFCO by July 1, 2017.

The Commission, upon recommendation of its Policy Committee, determined to focus on municipal services that makes government work better. JPAs must provide a copy of a joint power agreements or amendments when the following services are provided through those agreements:

• Fire
• Fire/Emergency medical services
• Police
• Sanitary sewer
• Water

In addition to this policy and pursuant to state law, the Commission has the authority to request information from local, regional, and state agencies regarding services beyond those listed when it is in the Commission’s interest to resolve issues or concerns or initiate and make studies.

Adopted: February 1, 2017