6500-6536
GOVERNMENT CODE
SECTION 6500-6536
6500. As used in this article, "public agency" includes, but is not
limited to, the federal government or any federal department or
agency, this state, another state or any state department or agency,
a county, county board of education, county superintendent of
schools, city, public corporation, public district, regional
transportation commission of this state or another state, or any
joint powers authority formed pursuant to this article by any of
these agencies.
6500.1. This chapter shall be known and may be cited as the Joint
Exercise of Powers Act.
6501. This article does not authorize any state officer, board,
commission, department, or other state agency or institution to make
any agreement without the approval of the Department of General
Services or the Director of General Services if such approval is
required by law.
6502. If authorized by their legislative or other governing bodies,
two or more public agencies by agreement may jointly exercise any
power common to the contracting parties, even though one or more of
the contracting agencies may be located outside this state.
It shall not be necessary that any power common to the contracting
parties be exercisable by each such contracting party with respect
to the geographical area in which such power is to be jointly
exercised. For purposes of this section, two or more public agencies
having the power to conduct agricultural, livestock, industrial,
cultural, or other fairs or exhibitions shall be deemed to have
common power with respect to any such fair or exhibition conducted by
any one or more of such public agencies or by an entity created
pursuant to a joint powers agreement entered into by such public
agencies.
6502.5. In addition to any power common to its member districts,
the Resource Conservation Energy Joint Powers Agency has the
authority to finance, construct, install, and operate projects for
the production of biogas and electricity from the digestion or
fermentation of animal or agricultural waste. The agency may
undertake these projects within its jurisdiction or outside its
jurisdiction. The authority to undertake projects outside the
jurisdiction of the agency is limited to the geographical areas of
Fresno, Kings, Madera, Merced, San Joaquin, and Tulare Counties.
Prior to undertaking a project authorized by this section outside
the jurisdiction of the agency, the agency shall obtain approval of
the board of supervisors of the county in which the project is to be
located.
6502.7. (a) If authorized by their legislative or other governing
bodies, two or more public agencies which have the authority to
identify, plan for, monitor, control, regulate, dispose of, or abate
liquid, toxic, or hazardous wastes or hazardous materials may, by
agreement, jointly exercise any of these powers common to the
contracting parties.
(b) The contracting parties may provide special services,
including persons specially trained, experienced, expert, and
competent to perform these special services.
(c) The provisions of this section are declaratory of existing law
and do not limit any authority which already exists.
6503. The agreements shall state the purpose of the agreement or
the power to be exercised. They shall provide for the method by which
the purpose will be accomplished or the manner in which the power
will be exercised.
6503.1. (a) When property tax revenues of a county of the second
class are allocated by that county to an agency formed for the
purpose of providing fire protection pursuant to this chapter, those
funds may only be appropriated for expenditure by that agency for
fire protection purposes.
(b) As used in this section, "fire protection purposes" means
those purposes directly related to, and in furtherance of, providing
fire prevention, fire suppression, emergency medical services,
hazardous materials response, ambulance transport, disaster
preparedness, rescue services, and related administrative costs.
(c) This section shall not be interpreted to alter any provision
of law governing the processes by which cities or counties select
providers of ambulance transport services.
6503.5. Whenever a joint powers agreement provides for the creation
of an agency or entity that is separate from the parties to the
agreement and is responsible for the administration of the agreement,
such agency or entity shall, within 30 days after the effective date
of the agreement or amendment thereto, cause a notice of the
agreement or amendment to be prepared and filed with the office of
the Secretary of State. The agency or entity shall furnish an
additional copy of the notice of the agreement or amendment to the
Secretary of State, who shall forward the copy to the Controller. The
notice shall contain:
(a) The name of each public agency that is a party to the
agreement.
(b) The date that the agreement became effective.
(c) A statement of the purpose of the agreement or the power to be
exercised.
(d) A description of the amendment or amendments made to the
agreement, if any.
Notwithstanding any other provision of this chapter, any agency or
entity administering a joint powers agreement or amendment to such
an agreement, which agreement or amendment becomes effective on or
after the effective date of this section, which fails to file the
notice required by this section within 30 days after the effective
date of the agreement or amendment, shall not thereafter, and until
such filings are completed, issue any bonds or incur indebtedness of
any kind.
6503.6. Whenever an agency or entity files a notice of agreement or
amendment with the office of the Secretary of State pursuant to
Section 6503.5, the agency or entity shall file a copy of the full
text of the original joint powers agreement, and any amendments to
the agreement, with the Controller.
6503.7. Within 90 days after the effective date of this section,
any separate agency or entity constituted pursuant to a joint powers
agreement entered into prior to the effective date of this section
and responsible for the administration of the agreement shall cause a
notice of the agreement to be prepared and filed with the office of
the Secretary of State. The agency or entity shall also furnish an
additional copy of the notice of the agreement to the Secretary of
State who shall forward the copy to the Controller. The notice shall
contain all the information required for notice given pursuant to
Section 6503.5.
Notwithstanding any other provision of this chapter, any joint
powers agency that is required and fails to file notice pursuant to
this section within 90 days after the effective date of this section
shall not, thereafter, and until such filings are completed, issue
any bonds, incur any debts, liabilities or obligations of any kind,
or in any other way exercise any of its powers.
For purposes of recovering the costs incurred in filing and
processing the notices required to be filed pursuant to this section
and Section 6503.5, the Secretary of State may establish a schedule
of fees. Such fees shall be collected by the office of the Secretary
of State at the time the notices are filed and shall not exceed the
reasonably anticipated cost to the Secretary of State of performing
the work to which the fees relate.
6504. The parties to the agreement may provide that (a)
contributions from the treasuries may be made for the purpose set
forth in the agreement, (b) payments of public funds may be made to
defray the cost of such purpose, (c) advances of public funds may be
made for the purpose set forth in the agreement, such advances to be
repaid as provided in said agreement, or (d) personnel, equipment or
property of one or more of the parties to the agreement may be used
in lieu of other contributions or advances. The funds may be paid to
and disbursed by the agency or entity agreed upon, which may include
a nonprofit corporation designated by the agreement to administer or
execute the agreement for the parties to the agreement.
6505. (a) The agreement shall provide for strict accountability of
all funds and report of all receipts and disbursements.
(b) In addition, and provided a separate agency or entity is
created, the public officer performing the functions of auditor or
controller as determined pursuant to Section 6505.5, shall either
make or contract with a certified public accountant or public
accountant to make an annual audit of the accounts and records of
every agency or entity, except that the officer need not make or
contract for the audit in any case where an annual audit of the
accounts and records of the agency or entity by a certified public
accountant or public accountant is otherwise made by any agency of
the state or the United States only as to those accounts and records
which are directly subject to such a federal or state audit. In each
case the minimum requirements of the audit shall be those prescribed
by the Controller for special districts under Section 26909 and shall
conform to generally accepted auditing standards.
(c) When an audit of an account and records is made by a certified
public accountant or public accountant, a report thereof shall be
filed as public records with each of the contracting parties to the
agreement and also with the county auditor of the county where the
home office of the joint powers authority is located and shall be
sent to any public agency or person in California that submits a
written request to the joint powers authority. The report shall be
filed within 12 months of the end of the fiscal year or years under
examination.
(d) When a nonprofit corporation is designated by the agreement to
administer or execute the agreement and no public officer is
required to perform the functions of auditor or controller as
determined pursuant to Section 6505.5, an audit of the accounts and
records of the agreement shall be made at least once each year by a
certified public accountant or public accountant, and a report
thereof shall be filed as a public record with each of the
contracting parties to the agreement and with the county auditor of
the county where the home office of the joint powers authority is
located, and shall be sent to any public agency or person in
California that submits a written request to the joint powers
authority. These reports shall be filed within 12 months after the
end of the fiscal year or years under examination.
(e) Any costs of the audit, including contracts with, or
employment of certified public accountants or public accountants, in
making an audit pursuant to this section shall be borne by the agency
or entity and shall be a charge against any unencumbered funds of
the agency or entity available for the purpose.
(f) All agencies or entities may, by unanimous request of the
governing body thereof, replace the annual special audit with an
audit covering a two-year period.
(g) Notwithstanding the foregoing provisions of this section to
the contrary, agencies or entities shall be exempt from the
requirement of an annual audit if the financial statements are
audited by the Controller to satisfy federal audit requirements.
6505.1. The contracting parties to an agreement made pursuant to
this chapter shall designate the public office or officers or person
or persons who have charge of, handle, or have access to any property
of the agency or entity and shall require such public officer or
officers or person or persons to file an official bond in an amount
to be fixed by the contracting parties.
6505.5. If a separate agency or entity is created by the agreement,
the agreement shall designate the treasurer of one of the
contracting parties, or in lieu thereof, the county treasurer of a
county in which one of the contracting parties is situated, or a
certified public accountant to be the depositary and have custody of
all the money of the agency or entity, from whatever source.
The treasurer or certified public accountant so designated shall
do all of the following:
(a) Receive and receipt for all money of the agency or entity and
place it in the treasury of the treasurer so designated to the credit
of the agency or entity.
(b) Be responsible, upon his or her official bond, for the
safekeeping and disbursement of all agency or entity money so held by
him or her.
(c) Pay, when due, out of money of the agency or entity held by
him or her, all sums payable on outstanding bonds and coupons of the
agency or entity.
(d) Pay any other sums due from the agency or entity from agency
or entity money, or any portion thereof, only upon warrants of the
public officer performing the functions of auditor or controller who
has been designated by the agreement.
(e) Verify and report in writing on the first day of July,
October, January, and April of each year to the agency or entity and
to the contracting parties to the agreement the amount of money he or
she holds for the agency or entity, the amount of receipts since his
or her last report, and the amount paid out since his or her last
report.
The officer performing the functions of auditor or controller
shall be of the same public agency as the treasurer designated as
depositary pursuant to this section. However, where a certified
public accountant has been designated as treasurer of the entity, the
auditor of one of the contracting parties or of a county in which
one of the contracting parties is located shall be designated as
auditor of the entity. The auditor shall draw warrants to pay demands
against the agency or entity when the demands have been approved by
any person authorized to so approve in the agreement creating the
agency or entity.
The governing body of the same public entity as the treasurer and
auditor specified pursuant to this section shall determine charges to
be made against the agency or entity for the services of the
treasurer and auditor. However, where a certified public accountant
has been designated as treasurer, the governing body of the same
public entity as the auditor specified pursuant to this section shall
determine charges to be made against the agency or entity for the
services of the auditor.
6505.6. In lieu of the designation of a treasurer and auditor as
set forth in Section 6505.5, the agency or entity may appoint one of
its officers or employees to either or both of such positions. Such
offices may be held by separate officers or employees or combined and
held by one officer or employee. Such person or persons shall comply
with the duties and responsibilities of the office or offices as set
forth in subdivisions (a) to (d), inclusive, of Section 6505.5.
In the event the agency or entity designates its officers or
employees to fill the functions of treasurer or auditor, or both,
pursuant to this section, such officers or employees shall cause an
independent audit to be made by a certified public accountant, or
public accountant, in compliance with Section 6505.
6506. The agency or entity provided by the agreement to administer
or execute the agreement may be one or more of the parties to the
agreement or a commission or board constituted pursuant to the
agreement or a person, firm or corporation, including a nonprofit
corporation, designated in the agreement. One or more of the parties
may agree to provide all or a portion of the services to the other
parties in the manner provided in the agreement. The parties may
provide for the mutual exchange of services without payment of any
consideration other than such services.
6507. For the purposes of this article, the agency is a public
entity separate from the parties to the agreement.
6508. The agency shall possess the common power specified in the
agreement and may exercise it in the manner or according to the
method provided in the agreement. If the agency is not one or more of
the parties to the agreement but is a public entity, commission or
board constituted pursuant to the agreement and such agency is
authorized, in its own name, to do any or all of the following: to
make and enter contracts, or to employ agents and employees, or to
acquire, construct, manage, maintain or operate any building, works
or improvements, or to acquire, hold or dispose of property or to
incur debts, liabilities or obligations, said agency shall have the
power to sue and be sued in its own name. Any authorization pursuant
to the agreement for the acquisition by the agency of property for
the purposes of a project for the generation or transmission of
electrical energy shall not include the condemnation of property
owned or otherwise subject to use or control by any public utility
within the state.
The governing body of any agency having the power to sue or be
sued in its own name, created by an agreement entered into after the
amendment to this section at the 1969 Regular Session of the
Legislature, between parties composed exclusively of parties which
are cities, counties, or public districts of this state, irrespective
of whether all such parties fall within the same category, may as
provided in such agreement, and in any ratio provided in the
agreement, be composed exclusively of officials elected to one or
more of the governing bodies of the parties to such agreement. Any
existing agreement composed of parties which are cities, counties or
public districts which creates a governing board of any agency having
the power to sue or be sued may, at the option of the parties to the
agreement, be amended to provide that the governing body of the
created agency shall be composed exclusively of officials elected to
one or more of the governing boards of the parties to such agreement
in any ratio agreed to by the parties to the agreement. The governing
body so created shall be empowered to delegate its functions to an
advisory body or administrative entity for the purposes of program
development, policy formulation, or program implementation, provided,
however, that any annual budget of the agency to which the
delegation is made must be approved by the governing body of the
Joint Powers Agency.
In the event that such agency enters into further contracts,
leases or other transactions with one or more of the parties to such
agreement, an official elected to the governing body of such party
may also act in the capacity of a member of the governing body of
such agency.
6508.1. If the agency is not one or more of the parties to the
agreement but is a public entity, commission, or board constituted
pursuant to the agreement, the debts, liabilities, and obligations of
the agency shall be debts, liabilities, and obligations of the
parties to the agreement, unless the agreement specifies otherwise.
A party to the agreement may separately contract for, or assume
responsibility for, specific debts, liabilities, or obligations of
the agency.
6509. Such power is subject to the restrictions upon the manner of
exercising the power of one of the contracting parties, which party
shall be designated by the agreement.
6509.5. Any separate agency or entity created pursuant to this
chapter shall have the power to invest any money in the treasury
pursuant to Section 6505.5 that is not required for the immediate
necessities of the agency or entity, as the agency or entity
determines is advisable, in the same manner and upon the same
conditions as local agencies pursuant to Section 53601 of the
Government Code.
If a nonprofit corporation is designated by the agreement to
administer or execute the agreement for the parties to the agreement,
it shall invest any moneys held for disbursement on behalf of the
parties in the same manner and upon the same conditions as local
agencies pursuant to Section 53601.
6509.6. Notwithstanding any other law, a joint powers authority
created pursuant to this chapter may purchase or acquire, by sale,
assignment, pledge, or other transfer from a local agency, and any
local agency may sell, assign, pledge, or transfer to a joint powers
authority any or all of that local agency's right, title, and
interest in and to an assessment contract authorized by Chapter 29
(commencing with Section 5898.10) of Part 3 of Division 7 of the
Streets and Highways Code, including any related lien, right,
subsidy, or other right and receivable, and the enforcement and
collection thereof, pursuant to any terms and conditions agreed to
between the joint powers authority and the local agency.
6509.7. (a) Notwithstanding any other provision of law, two or more
public agencies that have the authority to invest funds in their
treasuries may, by agreement, jointly exercise that common power.
Funds invested pursuant to an agreement entered into under this
section may be invested as authorized by subdivision (p) of Section
53601. A joint powers authority formed pursuant to this section may
issue shares of beneficial interest to participating public agencies.
Each share shall represent an equal proportionate interest in the
underlying pool of securities owned by the joint powers authority. To
be eligible under this section, the joint powers authority issuing
the shares of beneficial interest shall have retained an investment
adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the
Securities and Exchange Commission.
(2) The adviser has not less than five years of experience
investing in the securities and obligations authorized in
subdivisions (a) to (o), inclusive, of Section 53601.
(3) The adviser has assets under management in excess of five
hundred million dollars ($500,000,000).
(b) As used in this section, "public agency" includes a nonprofit
corporation whose membership is confined to public agencies or public
officials, in addition to those agencies listed in Section 6500.
6510. The agreement may be continued for a definite term or until
rescinded or terminated. The agreement may provide for the method by
which it may be rescinded or terminated by any party.
6511. The agreement shall provide for the disposition, division, or
distribution of any property acquired as the result of the joint
exercise of powers.
6512. The agreement shall provide that after the completion of its
purpose, any surplus money on hand shall be returned in proportion to
the contributions made.
6512.1. If the purpose set forth in the agreement is the
acquisition, construction or operation of a revenue-producing
facility, the agreement may provide (a) for the repayment or return
to the parties of all or any part of any contributions, payments or
advances made by the parties pursuant to Section 6504 and (b) for
payment to the parties of any sum or sums derived from the revenues
of said facilities. Payments, repayments or returns pursuant to this
section shall be made at the time and in the manner specified in the
agreement and may be made at any time on or prior to the rescission
or termination of the agreement or the completion of the purpose of
the agreement.
6512.2. If the purpose set forth in the agreement is to pool the
self-insurance claims of two or more local public entities, the
agreement may provide that termination by any party to the agreement
shall not be construed as a completion of the purpose of the
agreement and shall not require the repayment or return to the
parties of all or any part of any contributions, payments, or
advances made by the parties until the agreement is rescinded or
terminated as to all parties. If the purpose set forth in the
agreement is to pool the self-insurance claims of two or more local
public entities, it shall not be considered an agreement for the
purposes of Section 895.2, provided that the agency responsible for
carrying out the agreement is a member of the pool and the pool
purchases insurance or reinsurance to cover the activities of that
agency in carrying out the purposes of the agreement. The agreement
may provide that after the completion of its purpose, any surplus
money remaining in the pool shall be returned in proportion to the
contributions made and the claims or losses paid.
6513. All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, all pension, relief,
disability, workmen's compensation, and other benefits which apply to
the activity of officers, agents or employees of any such public
agency when performing their respective functions within the
territorial limits of their respective public agencies, shall apply
to them to the same degree and extent while engaged in the
performance of any of their functions and duties extraterritorially
under the provisions of this article.
6514. Any state department or agency concerned with the provisions
of services or facilities to mentally retarded persons and their
families may enter into agreements under this chapter.
6514.5. Any public agency may enter into agreements with other
state agencies pursuant to the provisions of Section 11256.
6515. In addition to other powers, any agency, commission or board
provided for by a joint powers agreement entered into pursuant to
Article 1 (commencing with Section 6500) of this chapter between an
irrigation district and a city, if such entity has the power to
acquire, construct, maintain or operate systems, plants, buildings,
works and other facilities and property for the supplying of water
for domestic, irrigation, sanitation, industrial, fire protection,
recreation or any other public or private uses, may issue revenue
bonds pursuant to the Revenue Bond Law of 1941 (commencing with
Section 54300) to pay the cost and expenses of acquiring,
constructing, improving and financing a project for any or all of
such purposes.
Upon the entity adopting the resolution referred to in Article 3
(commencing with Section 54380) the irrigation district and the city
shall implement the same by each conducting the election in its own
territory. The proposition authorizing the bonds shall be deemed
adopted if it receives the affirmative vote of a majority of all the
voters voting on the proposition within the entity.
The provisions of this section shall be of no further force and
effect after December 31, 1973, unless the entity is unable to
accomplish the purpose of this section by reason of litigation, in
which case this section shall continue to be effective until the
final determination of such litigation and for one year thereafter.
6516. Public agencies conducting agricultural, livestock,
industrial, cultural, or other types of fairs or exhibitions may
enter into a joint powers agreement to form an insurance pooling
arrangement for the payment of workers' compensation, unemployment
compensation, tort liability, public liability, or other losses
incurred by those agencies. An insurance and risk pooling arrangement
formed in accordance with a joint powers agreement pursuant to this
section is not subject to Section 11007.7 of the Government Code. The
Department of Food and Agriculture may enter into such a joint
powers agreement for the California Exposition and State Fair,
district agricultural associations, or citrus fruit fairs, and the
department shall have authority to contract with the California
Exposition and State Fair, district agricultural associations, or
citrus fruit fairs with respect to such a joint powers agreement
entered into on behalf of the California Exposition and State Fair,
district agricultural association, or citrus fruit fair. Any county
contracting with a nonprofit corporation to conduct a fair pursuant
to Sections 25905 and 25906 of the Government Code may enter into
such a joint powers agreement for a fair conducted by the nonprofit
corporation, and shall have authority to contract with a nonprofit
corporation with respect to such a joint powers agreement entered
into on behalf of the fair of the nonprofit corporation.
Any county contracting with a nonprofit corporation to conduct a
fair shall assume all workers' compensation and liability obligations
accrued prior to the dissolution or nonrenewal of the nonprofit
corporation's contract with the county.
Any public entity entering into a joint powers agreement under
this section shall establish or maintain a reserve fund to be used to
pay losses incurred under the agreement. The reserve fund shall
contain sufficient moneys to maintain the fund on an actuarially
sound basis.
6516.3. Notwithstanding any other provision of law, a joint powers
agency established in Orange County pursuant to a joint powers
agreement in accordance with this chapter may issue bonds pursuant to
Article 2 (commencing with Section 6540) of this chapter or Article
4 (commencing with Section 6584) of this chapter, in order to
purchase obligations of local agencies or make loans to local
agencies, which moneys the local agencies are hereby authorized to
borrow, to finance the local agencies' unfunded actuarial pension
liability or to purchase, or to make loans to finance the purchase
of, any obligations arising out of any delinquent assessments or
taxes levied on the secured roll by the local agencies, the county,
or any other political subdivision of the state. Notwithstanding any
other provision of law, including Section 53854 or subdivision (d) of
Section 4705 of the Revenue and Taxation Code, the joint powers
agency bonds and the local agency obligations or loans, if any, shall
be repaid in the time, manner and amounts, with interest, security,
and other terms as agreed to by the county or the local agency and
the joint powers authority.
6516.5. Notwithstanding any other provision of law, a joint powers
agency provided for by a joint powers agreement pursuant to Article 1
(commencing with Section 6500) of this chapter may create risk
pooling arrangements for the payment of general liability losses
incurred by participants and exhibitors in fair sponsored programs
and special events users of fair facilities, provided that the
aggregate payments made under each program shall not exceed the
amount available in the pool established for that program.
6516.6. (a) Notwithstanding any other provision of law, a joint
powers agency established pursuant to a joint powers agreement in
accordance with this chapter may issue bonds pursuant to Article 2
(commencing with Section 6540) or Article 4 (commencing with Section
6584), in order to purchase obligations of local agencies or make
loans to local agencies, which moneys the local agencies are hereby
authorized to borrow, to finance the local agencies' unfunded
actuarial pension liability or to purchase, or to make loans to
finance the purchase of, delinquent assessments or taxes levied on
the secured roll by the local agencies, the county, or any other
political subdivision of the state. Notwithstanding any other
provision of law, including Section 53854, the local agency
obligations or loans, if any, shall be repaid in the time, manner and
amounts, with interest, security, and other terms as agreed to by
the local agency and the joint powers authority.
(b) Notwithstanding any other provision of law, a joint powers
authority established pursuant to a joint powers agreement in
accordance with this chapter may issue bonds pursuant to Article 2
(commencing with Section 6540) or Article 4 (commencing with Section
6584), in order to purchase or acquire, by sale, assignment, pledge,
or other transfer, any or all right, title, and interest of any local
agency in and to the enforcement and collection of delinquent and
uncollected property taxes, assessments, and other receivables that
have been levied by or on behalf of the local agency and placed for
collection on the secured, unsecured, or supplemental property tax
rolls. Local agencies, including, cities, counties, cities and
counties, school districts, redevelopment agencies, and all other
special districts that are authorized by law to levy property taxes
on the county tax rolls, are hereby authorized to sell, assign,
pledge, or otherwise transfer to a joint powers authority any or all
of their right, title, and interest in and to the enforcement and
collection of delinquent and uncollected property taxes, assessments,
and other receivables that have been levied by or on behalf of the
local agency for collection on the secured, unsecured, or
supplemental property tax rolls in accordance with the terms and
conditions that may be set forth in an agreement with a joint powers
authority.
(c) Notwithstanding Division 1 (commencing with Section 50) of the
Revenue and Taxation Code, upon any transfer authorized in
subdivision (b), the following shall apply:
(1) A local agency shall be entitled to timely payment of all
delinquent taxes, assessments, and other receivables collected on its
behalf on the secured, unsecured, and supplemental tax rolls, along
with all penalties, interest, costs, and other charges thereon, no
later than 30 calendar days after the close of the preceding monthly
or four-week accounting period during which the delinquencies were
paid by or on account of any property owner.
(2) Upon its receipt of the delinquent taxes, assessments, and
receivables that it had agreed to be transferred, a local agency
shall pay those amounts, along with all applicable penalties,
interest, costs, and other charges, to the joint powers authority in
accordance with the terms and conditions that may be agreed to by the
local agency and the joint powers authority.
(3) The joint powers authority shall be entitled to assert all
right, title, and interest of the local agency in the enforcement and
collection of the delinquent taxes, assessments, and receivables,
including without limitation, its lien priority, its right to receive
the proceeds of delinquent taxes, assessments, and receivables, and
its right to receive all penalties, interest, administrative costs,
and any other charges, including attorney fees and costs, if
otherwise authorized by law to be collected by the local agency.
(4) (A) For any school district that participates in a joint
powers authority using financing authorized by this section and that
does not participate in the alternative method of distribution of tax
levies under Chapter 3 of Division 1 of Part 8 of the Revenue and
Taxation Code, the amount of property tax receipts to be reported in
a fiscal year for the district under subdivision (f) of Section 75.70
of the Revenue and Taxation Code, or any other similar law requiring
reporting of school district property tax receipts, shall be equal
to 100 percent of the school district's allocable share of the taxes
distributed to it for the then fiscal year, plus 100 percent of the
school district's share of any delinquent secured and supplemental
property taxes assigned from that year and 100 percent of its share
of any delinquent secured and supplemental property taxes from any
prior years which the school district has assigned to a joint powers
authority in that fiscal year, as such delinquent taxes are shown on
the delinquent tax roll prescribed by Section 2627 of the Revenue and
Taxation Code, on an abstract list if one is kept pursuant to
Chapter 4 (commencing with Section 4372) of Part 7 of Division 1 of
the Revenue and Taxation Code, or other records maintained by the
county, plus all other delinquent taxes that the school district has
not assigned to a joint powers authority which are collected and
distributed to the school district as otherwise provided by law, less
any reduction amount required by subparagraph (B). One hundred
percent of the school district's allocable share of the delinquent
taxes assigned for the current fiscal year, and 100 percent of the
school district's allocable share of the delinquent taxes assigned
for all years prior thereto, as shown on the delinquent roll,
abstract list, or other records maintained by the county, whether or
not those delinquent taxes are ever collected, shall be paid by the
joint powers authority to the county auditor and shall be distributed
to the school district by the county auditor in the same time and
manner otherwise specified for the distribution of tax revenues
generally to school districts pursuant to current law. Any additional
amounts shall not be so reported and may be provided directly to a
school district by a joint powers authority.
(B) When a joint powers authority finances delinquent taxes for a
school district pursuant to this section, and continuing as long as
adjustments are made to the delinquent taxes previously assigned to a
joint powers authority, the school district's tax receipts to be
reported as set forth in subparagraph (A) shall be reduced by the
amount of any adjustments made to the school district's allocable
share of taxes shown on the applicable delinquent tax roll, abstract
list, if one is kept, or other records maintained by the county,
occurring for any reason whatsoever other than redemption, which
reduce the amount of the delinquent taxes assigned to the joint
powers authority.
(C) A joint powers authority financing delinquent school district
taxes and related penalties pursuant to this subdivision shall be
solely responsible for, and shall pay directly to the county, all
reasonable and identifiable administrative costs and expenses of the
county which are incurred as a direct result of the compliance of the
county tax collector or county auditor, or both, with any new or
additional administrative procedures required for the county to
comply with this subdivision. Where reasonably possible, the county
shall provide a joint powers authority with an estimate of the amount
of and basis for any additional administrative costs and expenses
within a reasonable time after written request for an estimate.
(D) In no event shall the state be responsible or liable for a
joint powers authority's failure to actually pay the amounts required
by subparagraphs (A) and (B), nor shall a failure constitute a basis
for a claim against the state by a school district, county, or joint
powers authority.
(E) The phrase "school district," as used in this section,
includes all school districts of every kind or class, including,
without limitation, community college districts and county
superintendents of school.
(d) The powers conferred by this section upon joint powers
authorities and local agencies shall be complete, additional, and
cumulative to all other powers conferred upon them by law. Except as
otherwise required by this section, the agreements authorized by this
section need not comply with the requirements of any other laws
applicable to the same subject matter.
(e) An action to determine the validity of any bonds issued, any
joint powers agreements entered into, any related agreements,
including, without limitation, any bond indenture or any agreements
relating to the sale, assignment, or pledge entered into by a joint
powers authority or a local agency, the priority of any lien
transferred in accordance with this section, and the respective
rights and obligations of any joint powers authority and any party
with whom the joint powers authority may contract pursuant to this
chapter, may be brought by the joint powers authority pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure. Any appeal from a judgment in the action
shall be commenced within 30 days after entry of judgment.
(f) This section shall not be construed to affect the manner in
which an agency participates in or withdraws from the alternative
distribution method established by Chapter 3 (commencing with Section
4701) of Part 8 of Division 1 of the Revenue and Taxation Code.
(g) Notwithstanding any other law, on and after January 1, 2007, a
joint powers authority shall not purchase or acquire, and an
Educational Revenue Augmentation Fund shall not sell, assign, pledge,
or otherwise transfer to a joint powers authority, the right, title,
or interest of an Educational Revenue Augmentation Fund in the
enforcement and collection of delinquent and uncollected property tax
revenues, assessments, or other receivables placed for collection on
the secured, unsecured, or supplemental rolls.
6516.7. One or more public agencies and one or more private
entities that provide child care or operate child day care
facilities, as defined in Section 1596.750 of the Health and Safety
Code, may enter into a joint powers agreement to form an insurance
pooling arrangement for the payment of unemployment compensation or
tort liability losses incurred by these public and private entities.
A joint powers agency or entity formed pursuant to this section
may not elect to finance unemployment insurance coverage under
Article 5 (commencing with Section 801) of Chapter 3 of Part 1 of
Division 1 of the Unemployment Insurance Code unless each member
entity individually satisfies the requirements set forth in Section
801 or 802 of the Unemployment Insurance Code.
Either a public agency or private entity entering into a joint
powers agreement under this section shall establish or maintain a
reserve fund to be used to pay losses incurred under the agreement.
The reserve fund shall contain sufficient moneys to maintain the fund
on an actuarially sound basis.
6516.8. Any two or more harbor agencies may establish a joint
powers authority pursuant to Part 1 (commencing with Section 1690) of
Division 6 of the Harbors and Navigation Code.
6516.9. Notwithstanding any other provision of law, a joint powers
agency or entity provided for by a joint powers agreement pursuant to
this article, the members of which may conduct agricultural,
livestock, industrial, cultural, or other types of fairs and
exhibitions, or educational programs and activities, may establish
and administer risk pooling arrangements for the payment of liability
losses, workers' compensation losses, and other types of losses
incurred by members of the joint powers agency or entity and by
nonprofit corporations conducting or benefiting agricultural,
livestock, industrial, cultural, or other types of fairs and
exhibitions, or educational programs and activities, and by members
of the joint powers agency or entity and by nonprofit corporations or
auxiliary organizations operating facilities, programs, or events at
public schools, the California Community Colleges, the California
State University, or the University of California. For purposes of
this section, one or more public agencies and one or more nonprofit
corporations or auxiliary organizations operating facilities,
programs, or events at public schools, the California Community
Colleges, the California State University, or the University of
California may enter into a joint powers agreement. The joint powers
agency or entity may provide the nonprofit corporations with any
services or nonrisk pooling programs provided to the agency's or
entity's members. Aggregate payments made under each risk pooling
arrangement shall not exceed the amount available in the pool
established for that arrangement. The joint powers agency or entity
may establish and administer as many separate risk pooling
arrangements as it deems desirable. A liability risk pooling
arrangement established pursuant to this section also may provide for
the payment of losses incurred by special events users, lessees, and
licensees of facilities operated by nonprofit corporations,
auxiliary organizations, public schools, the California Community
Colleges, the California State University, or the University of
California and for the payment of losses incurred by employees,
participants and exhibitors in programs sponsored by those entities.
6517. (a) Notwithstanding any other provision of this chapter, the
Department of General Services may enter into a joint powers
agreement with any other public agency for the purpose of creating an
agency or entity to finance the acquisition of land and the design
and construction of state office buildings and parking facilities
thereon. The joint powers agency or entity shall have the power to
acquire land and construct office and parking facilities and to issue
revenue bonds for these purposes.
(b) The department may lease state property to, and enter into a
lease-purchase agreement with, the joint powers agency or entity on
behalf of the State of California for terms not exceeding 50 years.
The lease may contain any other terms and conditions which the
Director of the Department of General Services determines to be in
the best interests of the state.
(c) Any joint powers agreement and any agreement between the state
and any joint powers agency or entity created pursuant to this
section shall be submitted to the Legislature for approval through
the budgetary process before execution.
(d) This section shall not apply to or in any way limit the powers
of any authority authorized under Section 8169.4.
6517.5. (a) Notwithstanding any other provision of this chapter,
the Community Redevelopment Agency of the City of Los Angeles may
advance funds, not to exceed four million dollars ($4,000,000), to
the Department of General Services and the Los Angeles State Office
Building Authority to complete plans and prepare bid specifications
and related documents for a proposed state office building to be
located in the City of Los Angeles between Spring Street, Main
Street, Third Avenue, and Fourth Street, subject to the requirements
of this section.
(b) The department or the authority shall make a determination on
whether to proceed with construction of the state office building by
June 30, 1987.
(c) If the department or the authority determines not to proceed
with construction of the state office building, the department shall
reimburse the agency by December 31, 1987, from the Special Fund for
Capital Outlay, for any and all funds advanced by the agency to the
department or to the authority for completing plans, preparing bid
documents, and taking other actions, including the employment of
legal counsel, relating to the design development phase, construction
document phase, and bidding phase for the state office building.
(d) If the department or the authority determines to proceed with
construction of the state office building, the agency shall be
reimbursed for any and all funds advanced by the agency from the bond
proceeds or from other financing available for construction of the
state office building.
(e) The authority may acquire, own, construct, and operate parking
facilities to serve the state office building, as the authority may
deem to be in the best interests of the people of the State of
California.
(f) The department and the agency may amend the authority
agreement to provide for longer terms of office and to remove the
restrictions on the number of terms for the members of the governing
board of the authority, as the department and agency may deem
appropriate.
(g) As used in this section, "funds advanced by the agency" means
the principal amount of the agency's advance.
6517.6. (a) (1) Notwithstanding any provision of this chapter, the
Department of General Services may enter into a joint powers
agreement with any other public agency to finance the acquisition of
real property authorized by Section 14015 and all costs incidental or
related thereto. The joint powers agency or entity shall have the
power to acquire office and parking facilities and to issue
certificates of participation as determined by the Treasurer in
accordance with Section 14015.
(2) Upon the request of the department, the Treasurer is hereby
further authorized to serve as treasurer of the joint powers agency
established pursuant to this section and to serve as trustee or
fiscal agent for the certificates of participation.
(3) The department may lease property from, and enter into an
agreement with, the joint powers agency or entity created pursuant to
subdivision (a) to purchase real property and improvements thereon
on behalf of the state for terms not exceeding 25 years.
(4) The department shall provide the Legislature with a 30-day
notification of intent to advertise for proposals pursuant to this
section. The department shall further provide the Legislature and the
California Transportation Commission with notification of intent to
acquire the real property 30 days prior to the acquisition.
(b) Following the acquisition and occupation of the real property
being acquired, the Department of Transportation shall sell or cause
to be sold the exisiting office building located at 150 Oak Street in
the City and County of San Francisco. The proceeds of the sale shall
be deposited in the State Highway Account in the State
Transportation Fund to be used to reduce the amount to finance the
acquired facility.
6518. (a) A joint powers agency, without being subject to any
limitations of any party to the joint powers agreement pursuant to
Section 6509, may also finance or refinance the acquisition or
transfer of transit equipment or transfer federal income tax benefits
with respect to any transit equipment by executing agreements,
leases, purchase agreements, and equipment trust certificates in the
forms customarily used by a private corporation engaged in the
transit business to effect purchases of transit equipment, and
dispose of the equipment trust certificates by negotiation or public
sale upon terms and conditions authorized by the parties to the
agreement. Payment for transit equipment, or rentals therefor, may be
made in installments, and the deferred installments may be evidenced
by equipment trust certificates payable from any source or sources
of funds specified in the equipment trust certificates that are
authorized by the parties to the agreement. Title to the transit
equipment shall not vest in the joint powers agency until the
equipment trust certificates are paid.
(b) An agency that finances or refinances transit equipment or
transfers federal income tax benefits with respect to transit
equipment under subdivision (a) may provide in the agreement to
purchase or lease transit equipment any of the following:
(1) A direction that the vendor or lessor shall sell and assign or
lease the transit equipment to a bank or trust company, duly
authorized to transact business in the state as trustee, for the
benefit and security of the equipment trust certificates.
(2) A direction that the trustee shall deliver the transit
equipment to one or more designated officers of the entity.
(3) An authorization for the joint powers agency to execute and
deliver simultaneously therewith an installment purchase agreement or
a lease of equipment to the joint powers agency.
(c) An agency that finances or refinances transit equipment or
transfers federal income tax benefits with respect to transit
equipment under subdivision (a) shall do all of the following:
(1) Have each agreement or lease duly acknowledged before a person
authorized by law to take acknowledgments of deeds and be
acknowledged in the form required for acknowledgment of deeds.
(2) Have each agreement, lease, or equipment trust certificate
authorized by resolution of the joint powers agency.
(3) Include in each agreement, lease, or equipment trust
certificate any covenants, conditions, or provisions that may be
deemed necessary or appropriate to ensure the payment of the
equipment trust certificate from legally available sources of funds,
as specified in the equipment trust certificates.
(4) Provide that the covenants, conditions, and provisions of an
agreement, lease, or equipment trust certificate do not conflict with
any of the provisions of any trust agreement securing the payment of
any bond, note, or certificate of the joint powers agency.
(5) File an executed copy of each agreement, lease, or equipment
trust certificate in the office of the Secretary of State, and pay
the fee, as set forth in paragraph (3) of subdivision (a) of Section
12195 of the Government Code, for each copy filed.
(d) The Secretary of State may charge a fee for the filing of an
agreement, lease, or equipment trust certificate under this section.
The agreement, lease, or equipment trust certificate shall be
accepted for filing only if it expressly states thereon in an
appropriate manner that it is filed under this section. The filing
constitutes notice of the agreement, lease, or equipment trust
certificate to any subsequent judgment creditor or any subsequent
purchaser.
(e) Each vehicle purchased or leased under this section shall have
the name of the owner or lessor plainly marked on both sides thereof
followed by the appropriate words "Owner and Lessor" or "Owner and
Vendor," as the case may be.
6519. Notwithstanding any other provision of law, the State of
California does hereby pledge to, and agree with, the holders of
bonds issued by any agency or entity created by a joint exercise of
powers agreement by and among two or more cities, counties, or cities
and counties, that the state will not change the composition of the
issuing agency or entity unless such change in composition is
authorized by a majority vote of the legislative body of each such
city, county, or city and county, or by a majority vote of the
qualified electors of each such city, county, or city and county.
"Change in composition," as used in this section, means the
addition of any public agency or person to any agency or entity
created by a joint exercise of powers agreement pursuant to this
chapter, the deletion of any public agency from any such joint powers
agency or entity, or the addition to, or deletion from, the
governing body of any such joint powers agency, or entity of any
public official of any member public agency or other public agency,
or any other person.
6520. (a) Notwithstanding any other provision of law, the Board of
Supervisors of San Diego County and the City Council of the City of
San Diego may create by joint powers agreement, the San Diego
Courthouse, Jail, and Related Facilities Development Agency,
hereinafter referred to as "the agency," which shall have all the
powers and duties of a redevelopment agency pursuant to Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code as well as all the powers of a joint powers agency
pursuant to this chapter, with respect to the acquisition,
construction, improvement, financing, and operation of a combined
courthouse-criminal justice facility, including a parking garage, and
other related improvements, hereinafter referred to as "the
facility."
(b) The agency shall be governed by a board of directors composed
of one city council member and one citizen designated by the San
Diego City Council; one supervisor and one citizen designated by the
San Diego County Board of Supervisors; two citizens appointed by the
presiding judge of the superior court effective during his or her
term of presidence; the Sheriff of San Diego County; the president or
designee of the San Diego County Bar Association; and one citizen
designated by the District Attorney of San Diego County; all of whom
shall serve at the pleasure of the appointing power and without
further compensation.
(c) The City of San Diego and the County of San Diego shall each
have the power of nonconcurrence over any action taken by the board
of directors, provided that a motion for reconsideration is made by a
member of the board of directors immediately following the vote of
the board of directors approving such action, and further provided
that the city council or the board of supervisors votes to nullify
such action, by a majority vote of its membership, within 30 days.
(d) The county may transfer to the agency county funds in either a
Courthouse Temporary Construction Fund or a County Criminal Justice
Facility Temporary Construction Fund, or both, to be expended for
purposes of the facility.
(e) In addition to those funds, (1) the agency's governing body
may allot up to 15 percent of the fines and forfeitures received by
the City of San Diego pursuant to Section 1463 of the Penal Code from
the service area of the downtown courts, as defined by the agency,
for expenditure by the agency for the purposes specified in
subdivision (a); (2) the City of San Diego and the County of San
Diego may allot to the agency any state or federal funds received for
purposes of the facility; and (3) the agency may expend any rent,
parking fees, or taxes received on leasehold interests in the
facility, for the purposes specified in subdivision (a).
6520.1. Notwithstanding any other provision of this code, the Board
of Supervisors of Siskiyou County and the city councils of the
cities within Siskiyou County may create, by joint powers agreement,
the Collier Interpretive and Information Center Agency to construct,
improve, finance, lease, maintain, and operate the Randolph E.
Collier Safety Roadside Rest Area as an information and safety rest
facility and to expand the use of the site into a cultural, tourist,
river fisheries, water, natural resource, and aquatic habitat
interpretive center.
6522. Notwithstanding any other provision of this chapter, any
state department or agency entering into a joint powers agreement
with a federal, county, or city government or agency or public
district in order to create a joint powers agency, shall ensure that
the participation goals specified in Section 16850 and Section 10115
of the Public Contract Code and in Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code
become a part of the agreement, and shall apply to contracts executed
by the joint powers agency.
6523. (a) The West Sacramento Area Flood Control Agency, a joint
powers entity that is created pursuant to an agreement entered into,
in accordance with this article, by the City of West Sacramento,
Reclamation District No. 537, and Reclamation District No. 900 is
granted the authority to accomplish the purposes and projects
necessary to achieve and maintain at least a 200-year level of flood
protection, and may exercise the authority granted to reclamation
districts under Part 7 (commencing with Section 51200) and Part 8
(commencing with Section 52100) of Division 15 of the Water Code for
the purposes of Sections 12670.2, 12670.3, and 12670.4 of the Water
Code.
(b) Prior to January 1, 2009, the agency may create indebtedness
and thereafter continue to levy special assessments to repay that
indebtedness for the purposes described in subdivision (a), pursuant
to any of the following provisions:
(1) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(2) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 1000) of the Streets and Highways Code).
6523.4. (a) Notwithstanding any other provision of this chapter,
the Selma Community Hospital, a private, nonprofit hospital in Fresno
County, may enter into a joint powers agreement with one or more of
the following public agencies:
(1) The Alta Hospital District.
(2) The Kingsburg Hospital District.
(3) The Sierra-Kings Hospital District.
(b) The joint powers authority created pursuant to subdivision (a)
may perform only the following functions:
(1) Engage in joint planning for health care services.
(2) Allocate health care services among the different facilities
operated by the hospitals.
(3) Engage in joint purchasing, joint development, and joint
ownership of health care delivery and financing programs.
(4) Consolidate or eliminate duplicative administrative, clinical,
and medical services.
(5) Engage in joint contracting and negotiations with health
plans.
(6) Take cooperative actions in order to provide for the health
care needs of the residents of the communities they serve.
(c) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority. The joint powers authority
shall provide public notice of the hearing to the communities served
by the authority not less than 14 days prior to the hearing and the
notice shall contain a description of the proposed reductions or
changes.
(d) Nothing in this section shall be construed to grant any power
to any nonprofit hospital that participates in an agreement
authorized under this section to levy any tax or assessment. Nothing
in this section shall permit any entity, other than a nonprofit
hospital corporation or a public agency, to participate as a party to
an agreement authorized under this section.
(e) Nothing in this section shall authorize activities that
corporations and other artificial legal entities are prohibited from
conducting by Section 2400 of the Business and Professions Code.
6523.5. Notwithstanding any other provision of this chapter, a
private, nonprofit hospital in the County of Contra Costa may enter
into a joint powers agreement with a public agency, as defined in
Section 6500.
6523.6. (a) Notwithstanding any other provision of this chapter, a
private, nonprofit hospital in the County of Tulare may enter into a
joint powers agreement with a public agency, as defined in Section
6500.
(b) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority. The joint powers authority
shall provide public notice of the hearing to the communities served
by the authority not less than 14 days prior to the hearing and the
notice shall contain a description of the proposed reductions or
changes.
(c) Nothing in this section shall be construed to grant any power
to any nonprofit hospital that participates in an agreement
authorized under this section to levy any tax or assessment. Nothing
in this section shall permit any entity, other than a nonprofit
hospital corporation or a public agency, to participate as a party to
an agreement authorized under this section.
6523.7. (a) Notwithstanding any other provision of this chapter, a
private, nonprofit hospital in the County of Kings may enter into a
joint powers agreement with a public agency, as defined in Section
6500.
(b) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority. The joint powers authority
shall provide public notice of the hearing to the communities served
by the authority not less than 14 days prior to the hearing and the
notice shall contain a description of the proposed reductions or
changes.
(c) Nothing in this section shall be construed to grant any power
to any nonprofit hospital that participates in an agreement
authorized under this section to levy any tax or assessment. Nothing
in this section shall permit any entity, other than a nonprofit
hospital corporation or a public agency, to participate as a party to
an agreement authorized under this section.
6523.8. (a) Notwithstanding any other provision of this chapter, a
nonprofit hospital in the County of Tuolumne may enter into a joint
powers agreement with a public agency, as defined in Section 6500.
(b) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority.
(c) The joint powers authority shall provide public notice of the
hearing to the communities served by the authority not less than 14
days prior to the hearing and the notice shall contain a description
of the proposed reductions or changes.
(d) Nothing in this section shall be construed to grant any power
to any nonprofit hospital that participates in an agreement
authorized under this section to levy any tax or assessment. Nothing
in this section shall permit any entity, other than a nonprofit
hospital corporation or a public agency, to participate as a party to
an agreement authorized under this section.
6523.9. (a) Notwithstanding any other provision of this chapter, a
nonprofit hospital in the County of San Diego may enter into a joint
powers agreement with any public agency, as defined in Section 6500.
(b) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority.
(c) The joint powers authority shall provide public notice of the
hearing to the communities served by the a