BILL NUMBER: AB 2851	CHAPTERED  09/27/02

	CHAPTER  960
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	AMENDED IN SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  AUGUST 5, 2002
	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN SENATE  JUNE 13, 2002
	AMENDED IN ASSEMBLY  MAY 6, 2002

INTRODUCED BY   Assembly Member Cogdill
   (Coauthor:  Assembly Member Cardoza)

                        FEBRUARY 25, 2002

   An act to add Sections 53343.1 and 53344.4 to the Government Code,
relating to community facilities districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2851, Cogdill.  Community facilities districts.
   (1) Existing law, the Mello-Roos Community Facilities Act of 1982,
authorizes the formation of community facilities districts and the
issuance of bonds and levying of special taxes to finance designated
public and utility facilities and services.
   This bill would require any community facilities district formed
after January 1, 1992, to prepare an annual report, if requested by a
person who resides in or owns property in the district, containing
specified financial information and to make it available to the
public upon request. The bill would authorize the district to charge
a fee for the report to cover the costs of the report.  By imposing
additional duties on districts created on or after January 1, 1992,
the bill would constitute a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 53343.1 is added to the Government Code, to
read:
   53343.1.  For any community facilities district formed after
January 1, 1992, the community facilities district shall, prepare, if
requested by a person who resides in or owns property in the
district, within 120 days after the last day of each fiscal year, a
separate document titled an "Annual Report."  The district may charge
a fee for the report not exceeding the actual costs of preparing the
report.  The report shall include the following information for the
fiscal year:
   (a) The amount of special taxes collected for the year.
   (b) The amount of other moneys collected for the year and their
source, including interest earned.
   (c) The amount of moneys expended for the year.
   (d) A summary of the amount of moneys expended for the following:

   (1) Facilities, including property.
   (2) Services.
   (3) The costs of bonded indebtedness.
   (4) The costs of collecting the special tax under Section 53340.
   (5) Other administrative and overhead costs.
   (e) For moneys expended for facilities, including property, an
identification of the categories of each type of facility funded with
amounts expended in each category, including the total percentage of
the cost of each type of facility that was funded with bond proceeds
or special taxes.
   (f) For moneys expended for services, an identification of the
categories of each type of service funded with amounts expended in
each category, including the total percentage of the cost of each
type of service that was funded with bond proceeds or special taxes.

   (g) For moneys expended for other administrative costs, an
identification of each of these costs.
   (h) A certification and explanation by the district of how the
moneys described in subdivisions (d), (e), (f), and (g) comply with
Section 53343.
   The Annual Report shall contain references to the relevant
sections of the resolution of formation of the district so that
interested persons may confirm that bond proceeds and special taxes
are being used for authorized purposes.  The annual report shall be
made available to the public upon request.
  SEC. 2.  Section 53344.4 is added to the Government Code, to read:

   53344.4.  Any district preparing a report pursuant to Section
53343.1 shall not be required to comply with Section 50075.3.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.