California Senate Bill SB1120 Amended / Bill

 BILL NUMBER: SB 1120AMENDED BILL TEXT 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, 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. 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  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   shall not be obligated to provide subsidies to  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 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  said   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)  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   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  both   any  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.   (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 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.   (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  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. 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.