South San Joaquin Irrigation District v. Superior Court

South San Joaquin Irrigation District (the District) planned to increase the services it offered by adding retail electric service. It unsuccessfully sought approval for the plan from the San Joaquin County Local Agency Formation Commission (SJ LAFCO). The District now contends approval from SJ LAFCO is unnecessary because SJ LAFCO has no power to authorize new service by a special district in its existing territory. It further contends SJ LAFCO approval is not required because, since the District already provided wholesale electric service, retail electric service is not a new or different service.

The District petitions for a writ of mandate or prohibition to vacate the trial court’s order denying the District’s motion for summary adjudication and granting the motion of defendant SJ LAFCO and intervener Pacific Gas and Electric Company (PG&E) for a judgment on the pleadings. We deny the petition. Recent amendments to the Government Code set forth procedures for local agency formation commission (LAFCO) approval for a special district to provide a new or different service or class of service. The language, as well as the legislative history, of these amendments…