IMSD/MLC/jt2
PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Executive Division Resolution M-4818
R E S O L U T I O N
RESOLUTION M-4818 SUPPORTING IMPROVED COORDINATION WITH LOCAL AGENCY FORMATION COMMISSIONS BY WATER AND WASTEWATER UTILITIES
This resolution directs all water and wastewater utilities under our jurisdiction to cooperate with data and information requests from a Local Agency Formation Commission (LAFCO) issued by the LAFCO in order to meet its obligations under Government Code (GC) § 56425 (Sphere of Influence Update) and GC § 56430 (Municipal Service Reviews) and to notify their local LAFCO of the filing of any application for authority under Pub. Util. Code §§ 851 (property transfers), 852 (stock purchases), and 854 (mergers).1
BACKGROUND
Over the course of the last several years, the California Public Utilities Commission has worked to improve coordination and cooperation with other state agencies whose jurisdiction touches the industries we regulate. In October 2006, we undertook the first step to expanding our cooperative relationships to local governments by beginning discussions with representatives of LAFCOs, whose responsibility, among others, is to review and establish the sphere of influence of local governmental agencies that provide municipal services. In particular, we find that we have common interests in improved communication between the Commission, LAFCOs and the utilities we regulate, particularly in the provision of water and wastewater services.
As part of their responsibilities, each LAFCO prepares a Sphere of Influence Update (under GC § 56425) and a Municipal Service Review (under GC § 56430), the timely and thorough completion of which requires sufficient information from local agencies and other providers of utility services whose service territory falls within the LAFCO domain. Complete information from investor-owned utilities facilitates the LAFCO's review of the appropriate sphere of influence of local municipal utility providers' requests to serve new development, and improves decisionmaking on the part of LAFCOs. It is therefore important that the water and wastewater providers under our jurisdiction cooperate with LAFCO information requests.
In addition, although we are considering requiring water utilities to provide notice to LAFCOs of service area expansions as part of our revisions to General Order 96-A (Rules Governing Advice Letter Filings), there is no current obligation to serve notice of applications to sell, transfer, assign property to others, or undertake similar transactions that require our consent. As a result, LAFCOs may be unaware of proposed changes in ownership of regulated utility property that could affect their sphere of influence determinations for local municipal service agencies.
DISCUSSION
In order to improve coordination between water utilities regulated by the Commission and LAFCOs, we will require the water and wastewater providers under our jurisdiction to cooperate with data and information requests from a LAFCO issued in order to meet its obligations under GC § 56425 (Sphere of Influence Update) and GC § 56430 (Municipal Service Reviews). Additionally, we will require these water and wastewater utilities to notify their local LAFCO of the filing of any application for authority under Pub. Util. Code § 851 to sell, transfer, or assign property to another entity; for authority under § 852 to purchase or acquire the capital stock of another public utility; or for authority under § 854 to merge, acquire, or control directly or indirectly any public utility. A list of contact information for each LAFCO is attached as Attachment 1.
Neither requirement should result in significant burden to water and wastewater providers under our jurisdiction. The notice of §§ 851, 852, and 854 applications simply requires service of a notice on the local LAFCO within which the affected utility property is located. For a water or wastewater provider engaged in ongoing planning to serve its customers, complying with data and information requests from the LAFCO should not be difficult. The issues the LAFCO analyzes, as set forth in GC § 56430, are similar to those reviewed by this Commission in each general rate case. The public interest served by this coordination outweighs the minimal production burden on the water and wastewater providers to which it would apply.
Nothing in this resolution is intended to limit the rights of parties in Commission proceedings to object to data and information requests made in the course of a proceeding. The resolution only applies to requests made by LAFCOs outside of Commission proceedings in furtherance of the LAFCO's obligations under GC §§ 56425 and 56430.
COMMENTS
In accordance with Pub. Util. Code § 311(g), copies of this draft were mailed to all water and wastewater providers under our jurisdiction and all California LAFCOs for comment consistent with Rule 14.5 of the Commission's Rules of Practice and Procedure. Comments were due February 27, 2007. No comments were received.
THEREFORE, IT IS ORDERED THAT:
1. Effective February 1, 2007, each water and wastewater utility under our jurisdiction shall provide non-confidential information, in a timely fashion, in response to data and information requests from a Local Agency Formation Commission (LAFCO) issued by the LAFCO in order to meet its obligations under Government Code (GC) § 56425 (Sphere of Influence Update) and GC § 56430 (Municipal Service Reviews).
2. Effective February 1, 2007, all water and wastewater utilities under our jurisdiction shall notify their local LAFCO of the filing of any application for authority under Pub. Util. Code § 851 to sell, transfer, or assign property to another entity; for authority under § 852 to purchase or acquire the capital stock of another public utility; or for authority under § 854 to merge, acquire, or control directly or indirectly any public utility.
3. Nothing in this resolution limits the rights of parties in Commission proceedings to object to data and information requests made in the course of a proceeding. The resolution applies only to requests made by LAFCOs outside of Commission proceedings in furtherance of the LAFCO's obligations under GC §§ 56425 and 56430.
4. This resolution shall be served on all water and wastewater utilities under our jurisdiction and all California LAFCOs by either electronic mail (if an email address is available) or postal mail if no email address is available.
5. I certify that this resolution was adopted by the Public Utilities Commission at its regular meeting of March 15, 2007, and that the following Commissioners approved it.
/s/ STEVE LARSON |
Steve Larson Executive Director |
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
ATTACHMENT 1
DIRECTORY OF CALIFORNIA LOCAL AGENCY FORMATION COMMISSIONS
ALAMEDA
Crystal Hishida Graff, Executive Officer
1221 Oak Street, Room 555
Oakland, CA 94612
Ph: 510/271-5142 Fax: 510/272-3784
www.acgov.org/lafco
ALPINE
Barbara Jones, Executive Officer
P.O. Box 158
Markleeville, CA 96120
Ph: 530/694-2281 Fax: 530/694-2491
AMADOR
Roseanne Chamberlain, Executive Officer
810 Court Street
Jackson, CA 95642
Ph: 209/418-9377 Fax: 209/454-5028
www.co.amador.ca.us/lafco
BUTTE
Stephen Lucas, Executive Officer
1453 Downer Street, Suite C
Oroville, CA 95965
Ph: 530/538-7784 Fax: 530/538-2847
www.buttelafco.org
CALAVERAS
John Benoit, Executive Officer
County Administrative Office
891 Mountain Ranch Road
San Andreas, CA 95249
Ph: 209/754-6511 Fax: 209/754-9333
www.co.calaveras.ca.us
COLUSA
John Benoit, Executive Officer
P.O. Box 2694
Granite Bay, CA 95746
Ph: 530/458-0593 Fax: 916/797-7631
CONTRA COSTA
Lou Ann Texeira, Executive Officer
651 Pine Street, 6th Floor
Martinez, CA 94553
Ph: 925/335-1094 Fax: 925/646-1228
www.contracostalafco.org
DEL NORTE
Darren McElfresh, Executive Officer
508 H Street, Suite 2
Crescent City, CA 95531
Ph: 707/465-0836 Fax: 707/464-1881
www.calafco.org/local/DelNorte
EL DORADO
José C. Henríquez, Executive Officer
550 Main Street, Suite E
Placerville, CA 95667
Ph: 530/295-2707 Fax: 530/295-1208
www.co.el-dorado.ca.us/lafco
FRESNO
Rick Ballantyne, Executive Officer
2115 Kern Street, Suite 310
Fresno, CA 93721
Ph: 559/495-0604 Fax: 559/495-0655
www.calafco.org/local/Fresno
GLENN
Dan Obermeyer, Executive Officer
125 South Murdock Street
Willows, CA 95988
Ph: 530/934-6540 Fax: 530/934-6542
HUMBOLDT
Kirk Girard, Executive Officer
3015 H Street
Eureka, CA 95501
Ph: 707/445-7541 Fax: 707/445-7446
www.co.humboldt.ca.us/planning/lafco
IMPERIAL
Jurg Heuberger, Executive Officer
509 South 8th Street
El Centro, CA 92243
Ph: 760/353-4115 Fax: 760/353-4132
www.co.imperial.ca.us/lafco
INYO
Ron Juliff, Interim Executive Officer
Post Office Drawer L
Independence, CA 93526
Ph: 760/878-0263 Fax: 760/872-2712
http://inyoplanning.org/lafco.htm
KERN
Bill Turpin, Executive Officer
5300 Lennox Avenue, Suite 303
Bakersfield, CA 93309
Ph: 661/716-1076 Fax: 661/862-8951
www.co.kern.ca.us/lafco
KINGS
Greg Gatzka, Assistant Executive Officer
1400 West Lacey Boulevard
Hanford, CA 93230
Ph: 559/582-3211 Fax: 559/584-8989
www.kingslafco.com
LAKE
John Benoit, Executive Officer
P.O. Box 2694
Granite Bay, CA 95746
Ph: 707/592-7528 Fax: 916/797-7631
www.co.lake.ca.us/lafco/lafco.asp
LASSEN
John Benoit, Executive Officer
P.O. Box 2694
Granite Bay, CA 95746
Ph: 530/257-0720 Fax: 916/797-7631
www.cityofsusanville.org/lafco.html
LOS ANGELES
Sandor L. Winger, Executive Officer
700 North Central Avenue, Suite 445
Glendale, CA 91203
Ph: 818/254-2454 Fax: 818/254-2453
MADERA
Dave Herb, Executive Officer
2037 W. Cleveland Avenue, MS-G
Madera, CA 93637
Ph: 559/675-7821 Fax: 559/675-6573
www.madera-county.com/rma/lafco
MARIN
Peter Banning, Executive Officer
165 N. Redwood Drive, Suite 160
San Rafael, CA 94903
Ph: 415/446-4409 Fax: 415/446-4410
MARIPOSA
Kris Schenk, Executive Officer
5100 Bullion Street
Mariposa, CA 95338
Ph: 209/966-0302 Fax: 209/742-5024
www.mariposacounty.org/planning
MENDOCINO
Frank McMichael, Executive Officer
200 S. School Street, Suite 2
Ukiah, CA 95482
Ph: 707/463-4470 Fax: 707/462-2088
MERCED
William Nicholson, Executive Officer
2222 M Street
Merced, CA 95340
Ph: 209/385-7654 Fax: 209/726-1710
MODOC
John Benoit, Interim Executive Officer
P.O. Box 2694
Granite Bay, CA 95746
Ph: 530/458-0593 Fax: 916/797-7631
www.modoc.lafco.ca.gov
MONO
Scott Burns, Executive Officer
P.O. Box 347
Mammoth Lakes, CA 93546
Ph: 760/924-1800 Fax: 760/924-1801
MONTEREY
Kate McKenna, Executive Officer
132 West Gabilan Street
Salinas, CA 93901
Ph: 831/754-5838 Fax: 831/754-5831
www.co.monterey.ca.us/lafco
NAPA
Keene Simonds, Executive Officer
1700 Second Street, Suite 268
Napa, CA 94559
Ph: 707/259-8645 Fax: 707/251-1053
NEVADA
SR Jones, Executive Officer
950 Maidu Avenue
Nevada City, CA 95959
Ph: 530/265-7180 Fax: 530/265-7183
http://new.mynevadacounty.com/lafco
ORANGE
Joyce Crosthwaite, Executive Officer
12 Civic Center Plaza, Room 235
Santa Ana, CA 92701
Ph: 714/834-2556 Fax: 714/834-2643
www.orange.lafco.ca.gov
PLACER
Kris Berry, Executive Officer
145 Fulweiler Avenue, Suite 110
Auburn, CA 95603
Ph: 530/889-4097 Fax: 530/886-4671
www.placer.ca.gov/lafco.aspx
PLUMAS
John Gullixson, Executive Officer
142 North Gulling
Portola, CA 96122
Ph: 530/832-5269 Fax: 530/832-5269
www.calafco.org/local/Plumas
RIVERSIDE
George Spiliotis, Executive Officer
3850 Vine Street, Suite 110
Riverside, CA 95207
Ph: 951/369-0631 Fax: 951/369-8479
SACRAMENTO
Peter Brundage, Executive Officer
1112 I Street, Suite 100
Sacramento, CA 95814
Ph: 916/874-6458 Fax: 916/874-2939
www.saclafco.org
SAN BENITO
Art Henriques, Interim Executive Officer
3224 Southside Road
Hollister, CA 95023
Ph: 831/637-5313 Fax: 831/637-9015
www.san-benito.ca.us/lafco
SAN BERNARDINO
Kathleen Rollings-McDonald, Executive Officer
215 North D Street, Suite 204
San Bernardino, CA 92415
Ph: 909/383-9900 Fax: 909/383-9901
www.sbclafco.org
SAN DIEGO
Michael D. Ott, Executive Officer
County Administration Center
1600 Pacific Highway, Room 452
San Diego, CA 92101
Ph: 619/531-5400 Fax: 619/557-4190
SAN FRANCISCO
Gloria Young, Executive Officer
City Hall
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102
Ph: 415/554-7703 Fax: 415/554-5163
www.sfgov.org/lafco
SAN JOAQUIN
Executive Officer
1860 East Hazelton Avenue
Stockton, CA 95205
Ph: 209/468-3198 Fax: 209/468-3199
www.co.san-joaquin.ca.us/lafco
SAN LUIS OBISPO
Paul L. Hood, Executive Officer
1042 Pacific Street, Suite A
San Luis Obispo, CA 93401
Ph: 805/781-5795 Fax: 805/788-2072
www.slolafco.com
SAN MATEO
Martha Poyatos, Executive Officer
455 County Center, 2nd Floor
Redwood City, CA 94063
Ph: 650/363-4224 Fax: 650/363-4849
www.sanmateolafco.org
SANTA BARBARA
Bob Braitman, Executive Officer
105 East Anapamu Street
Santa Barbara, CA 93101
Ph: 805/568-3391 Fax: 805/647-7647
www.sblafco.org
SANTA CLARA
Neelima Palacherla, Executive Officer
70 West Hedding Street
San Jose, CA 95110
Ph: 408/299-5127 Fax: 408/295-1613
www.santaclara.lafco.ca.gov
SANTA CRUZ
Patrick McCormick, Executive Officer
701 Ocean Street, Room 318-D
Santa Cruz, CA 95060
Ph: 831/454-2055 Fax: 831/454-2058
www.santacruzlafco.org
SHASTA
Amy K. Mickelson, Executive Officer
1670 Market Street, Suite 244
Redding, CA 96001
Ph: 530/242-1112 Fax: 530/242-1113
www.shasta.lafco.ca.gov
SIERRA
Tim H. Beals, Executive Officer
P.O. Box 530
Downieville, CA 95936
Ph: 530/289-3251 Fax: 530/289-2828
SISKIYOU
Terry Barber, Interim Executive Officer
312 Butte Street
Yreka, CA 96097
Ph: 530/842-8202 Fax: 830/842-8211
www.co.siskiyou.ca.us/planning/lafco.htm
SOLANO
Shaun Pritchard, Executive Officer
744 Empire Street, Suite 106
Fairfield, CA 94533
Ph: 707/438-1785 Fax: 707/438-1788
www.solanolafco.com
SONOMA
Steve Sharpe, Executive Officer
575 Administration Drive, 104A
Santa Rosa, CA 95403
Ph: 707/565-2577 Fax: 707/565-3778
www.sonoma-county.org/lafco
STANISLAUS
Marjorie Blom, Executive Officer
1010 10th Street, 3rd Floor
Modesto, CA 95354
Ph: 209/525-7660 Fax: 209/525-7643
www.stanislauslafco.org
SUTTER
Doug Libby, Senior Planner
1130 Civic Center Boulevard
Yuba City, CA 95993
Ph: 530/822-7400 Fax: 530/822-7109
www.co.sutter.ca.us
TEHAMA
George Robson, Executive Officer
Courthouse Annex
444 Oak Street, Room 1
Red Bluff, CA 96080
Ph: 530/527-2200 Fax: 530/527-2655
TRINITY
John A. Jelicich, Executive Officer
P.O. Box 2819
Weaverville, CA 96093
Ph: 530/623-1351 Fax: 530/623-1353
TULARE
George E. Finney, Executive Officer
5961 South Mooney Boulevard
Visalia, CA 93277
Ph: 559/733-6291 Fax: 559/730-2653
TUOLUMNE
Bev Shane, Executive Officer
2 South Green Street
Sonora, CA 95370
Ph: 209/533-5611 Fax: 209/533-5616
www.sonoraca.com/contacts/lafco.htm
VENTURA
Everett Millais, Executive Officer
800 South Victoria Avenue
Ventura, CA 93009
Ph: 805/654-2576 Fax: 805/477-7101
YOLO
Elizabeth Kemper, Executive Officer
625 Court Street, Suite 107
Woodland, CA 95695
Ph: 530/666-8048 Fax: 530/662-7383
www.yolocounty.org/lafco
YUBA
John Benoit, Executive Officer
915 8th Street, Suite 123
Marysville, CA 95901
Ph: 530/749-5467 Fax: 530/749-5434
www.yubalafco.org
CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSIONS
William Chiat, Executive Director
801 12th Street, Suite 611
Sacramento, CA 94558
Ph: 916/442-6536
1 LAFCOs were established by the Knox-Nisbet Act of 1963 with regulatory authority over local agency boundary changes. There is a LAFCO in every county in California. Additional information on LAFCO law can be found at www.calafco.org.
