Bill Text: CA SB1120 | 2011-2012 | Regular Session | Amended

California Senate Bill 1120 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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  JUNE 14, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 17, 2012

   An act to  add Section 818.3 to the Government Code,
relating to government liability   amend Section 5821 of
the Streets and Highways Code, relating to local go  
vernment  , and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1120, as amended, Berryhill.  Government liability:
  Maintenance districts:  property-related service
fees.
   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.  Under existing law, a public
entity is immune from liability for an injury, whether the injury
arises out of an act or omission of the public entity or a public
employee, or any other person, except as provided by statute.
 
   This bill would provide that a public entity shall not be liable
for an injury related to a decrease or cessation of any water, sewer,
or refuse collection service in connection with a fee or charge
imposed or increased pursuant to specified provisions of the
California Constitution, whether the injury arises out of an act or
omission of the public entity, a public employee, or any other
person, if the public entity fully complies with those provisions of
the California Constitution, and the affected property owners have
refused to allow the imposition, extension, or increase of
property-related fees and charges for the service.  
   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 board
of supervisors to include a city council.  
   This bill would provide that if an increase in a fee or charge
imposed by a maintenance district is rejected by the voters, or if a
fee or charge imposed by a maintenance district is reduced by the
voters by initiative, then the board of supervisors that is acting as
the board of directors for a maintenance district is prohibited from
subsidizing a district to cure any deficiencies in funding of
services provided by the district, if specified requirements are met.
This bill would provide that this prohibition would not apply if the
board of supervisors had agreed to provide these subsidies to the
district at the time of the formation of the district. 
   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
 said   those  improvements or any or all
other improvements  such as   that  are
permitted to be constructed  herein   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  thereof   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 said
improvement, or upon  such   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) If an increase in a property-related fee or charge is
rejected by the voters pursuant to paragraph (c) of Section 6 of
Article XIII D of the California Constitution, or if an increase in a
fee or charge is reduced by the voters via an initiative pursuant to
Section 3 of Article XIII C of the California Constitution, the
board of supervisors that is acting as the board of directors for the
district shall not 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 both of the
following apply:  
   (A) The public entity fully complies with subdivision (b) of
Section 6 of Article XIII D of the California Constitution. 

   (B) The affected property owners have refused to allow the
imposition, extension, or increase of property-related fees or
charges for the service.  
   (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
subdivision (b) of 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 818.3 is added to the
Government Code, to read:
   818.3.  (a) A public entity shall not be liable for an injury
related to a decrease or cessation of any water, sewer, or refuse
collection service in connection with a fee or charge imposed or
increased pursuant to Section 6 of Article XIII D of the California
Constitution, whether the injury arises out of an act or omission of
the public entity, a public employee, or any other person, if both of
the following apply:
   (1) The public entity fully complies with subdivision (b) of
Section 6 of Article XIII D of the California Constitution.
   (2) The affected property owners have refused to allow the
imposition, extension, or increase of property-related fees or
charges for the service.
   (b) 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 apply:
   (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 where 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.