Bill Text: CA SB1120 | 2011-2012 | Regular Session | Amended
Bill Title: Property-related services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-08-16 - From special consent calendar. Ordered to inactive file on request of Senator Berryhill. [SB1120 Detail]
Download: California-2011-SB1120-Amended.html
BILL NUMBER: SB 1120 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN SENATE JUNE 14, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Berryhill
FEBRUARY 17, 2012
An act to amend Section 5821 of the Streets and Highways
Code add Section 53757 to the Government Code ,
relating to local government, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1120, as amended, Berryhill. Maintenance districts:
property-related service fees. Property-related
services.
The California Constitution, with the exception of fees or charges
for sewer, water, and refuse collection services, conditions the
imposition or increase of a property-related fee or charge upon
approval by either a majority vote of the owners of the properties
subject to the fee or charge or, at the option of the agency imposing
the fee or charge, by a 2/3 vote of the voters residing in the area
affected by the fee or charge.
Existing law authorizes a city or county to form a maintenance
district, and to levy an assessment for the support of that district.
Existing law authorizes a city or county that formed a maintenance
district to increase a fee or charge imposed by the district if it
complies with the procedures set out in the California Constitution,
including, if applicable, voter approval of that increased fee or
charge. Existing law defines, for purposes of these provisions, any
reference to the board of supervisors of a county to include a city
council.
This bill would provide that the board of supervisors
that is acting as the board of directors for a maintenance district
an agency shall not be obligated to provide
subsidies to a district to cure any deficiencies
in funding of property-related services provided
by the district in the agency's territory , if
specified requirements are met. This bill would provide that this
prohibition would not apply if the board of supervisors
agency's governing board had agreed to
provide these subsidies to the district at the time of the formation
of the district subsidize the services before the
completion of a majority protest proceeding or election, as specified
.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5821 of the Streets and
Highways Code is amended to read:
5821. (a) The board of supervisors may, in its resolution
declaring its intention to order work done or improvements made or by
separate resolution, declare its intention to order that the
expenses of maintaining and operating any or all of those
improvements or any or all other improvements that are permitted to
be constructed in that resolution, including the cost of necessary
repairs, replacements, fuel, power, electrical current, care,
supervision, and any and all other items necessary for the proper
maintenance and operation of those improvements, shall be assessed,
either partly or wholly, upon the real property or upon the land only
lying within the district to be benefited by and to be assessed to
pay the cost of the construction of that improvement, or upon that
district as the board of supervisors shall determine will be
benefited by the maintenance and operation of the improvements
proposed to be maintained; the amounts so assessed to be levied and
collected in the same manner and by the same officers as taxes for
county purposes are levied and collected.
(b) (1) The board of supervisors that is acting as the board of
directors for the district shall not be obligated to provide
subsidies to the district to cure any deficiencies in funding of the
services provided in the district, including for water, sewer, and
refuse collection, if any of the following apply:
(A) The board of supervisors proposes to impose, extend, or
increase property-related fees or charges for the services, the board
fully complies with Section 6 of Article XIII D of the California
Constitution, and a majority of parcel owners submit a written
protest against the proposed imposition, extension, or increase,
pursuant to subdivision (a) of Section 6 of Article XIII D of the
California Constitution.
(B) The board of supervisors proposes to impose, extend, or
increase propertys related fees or charges for the services, the
board fully complies with Section 6 of Article XIII D of the
California Constitution, and the proposed imposition, extension, or
increase fails to get voter approval pursuant to subdivision (c) of
Section 6 of Article XIII D of the California Constitution.
(C) Property-related fees or charges for the services that comply
with Section 6 of XIII D of the California Constitution are reduced
or repealed by the voters via an initiative pursuant to Section 3 of
Article XIII C of the California Constitution.
(2) Paragraph (1) shall not apply if the board of supervisors had
undertaken the obligation to subsidize the district at the time of
the initial creation of the district as provided for in this chapter.
(3) For purposes of this subdivision, "full compliance with
Section 6 of Article XIII D of the California Constitution" means all
of the following:
(A) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
(B) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
(C) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
(D) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
(E) The fee or charge is not imposed for general government
services if the service is available to the public at large in
substantially the same manner it is to property owners.
(F) The public entity has identified all parcels upon which the
fee or charge is proposed and calculated the amount of the fee or
charge to be imposed upon each identified parcel.
(G) The public entity has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified
parcel, in conformance with subdivision (c) of Section 6 of Article
XIII D of the California Constitution, and provided for all required
hearings.
SECTION 1. Section 53757 is added to the
Government Code , to read:
53757. (a) An agency shall not be obligated to provide subsidies
to cure any deficiencies in funding of property-related services
provided in the agency's territory, including for water, sewer, and
refuse collection, if any of the following apply:
(1) The agency's governing board proposes to impose, extend, or
increase property-related fees or charges for the services, the board
fully complies with Section 6 of Article XIII D of the California
Constitution, and a majority of parcel owners submit a written
protest against the proposed imposition, extension, or increase,
pursuant to subdivision (a) of Section 6 of Article XIII D of the
California Constitution.
(2) The agency's governing board proposes to impose, extend, or
increase property-related fees or charges for the services, the board
fully complies with Section 6 of Article XIII D of the California
Constitution, and the proposed imposition, extension, or increase
fails to get voter approval pursuant to subdivision (c) of Section 6
of Article XIII D of the California Constitution.
(3) Property-related fees or charges for the services that comply
with Section 6 of XIII D of the California Constitution are reduced
or repealed by the voters via an initiative pursuant to Section 3 of
Article XIII C of the California Constitution.
(b) Subdivision (a) shall not apply if the agency's governing
board had undertaken the obligation to subsidize the services before
the completion of a majority protest proceeding or election pursuant
to paragraph (1), (2), or (3) of subdivision (a).
(c) For purposes of this section, "full compliance with
subdivision (b) of Section 6 of Article XIII D of the California
Constitution" means all of the following:
(1) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
(2) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
(3) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
(4) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
(5) The fee or charge is not imposed for general government
services if the service is available to the public at large in
substantially the same manner it is to property owners.
(6) The public entity has identified all parcels upon which the
fee or charge is proposed and calculated the amount of the fee or
charge to be imposed upon each identified parcel.
(7) The public entity has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified
parcel, in conformance with subdivision (c) of Section 6 of Article
XIII D of the California Constitution, and provided for all required
hearings.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the continued supply of reliable drinking water
and to prevent the cessation of services relating to water, sewage,
and garbage, it is necessary that this act take effect immediately.
