BILL NUMBER: AB 1260	CHAPTERED  10/05/07

	CHAPTER  280
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2007
	APPROVED BY GOVERNOR  OCTOBER 5, 2007
	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN SENATE  JUNE 28, 2007
	AMENDED IN SENATE  JUNE 19, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 23, 2007

   An act to add Section 53755 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1260, Caballero. Local government: taxes, fees, assessments,
and charges: notice.
   Articles XIII C and XIII D of the California Constitution
generally require that assessments, fees, and charges be submitted to
property owners for approval or rejection after the provision of
written notice and the holding of a public hearing. Existing law, the
Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with
Article XIII C and Article XIII D of the California Constitution.
   Existing statutory law provides notice, protest, and hearing
procedures for the levying of new or increased assessments by local
government agencies pursuant to Articles XIII C and XIII D of the
California Constitution.
   This bill would authorize the agency providing the
property-related service to a parcel to provide the required notice
of a proposed increase of an existing fee or charge in the agency's
regular billing statement or any other mailing by the agency to the
address at which the agency customarily mails the billing statement
for the fee or charge. The bill would also authorize the agency
providing the property-related service to a parcel to provide the
required notice of a proposed new fee or charge in the manner
authorized for notice of a proposed increased fee or charge where the
agency is providing an existing property-related service to the
address. The bill would require the agency, if the agency desires to
preserve any authority it may have, to record or enforce a lien on
the parcel to which service is provided, to also mail notice to the
recordowner's address shown on the last equalized assessment roll, if
that address is different than the billing or service address. The
bill would also authorize any agency that bills, collects, and remits
a fee or charge on behalf of another agency to provide notice on
behalf of the other agency, as specified.
   The bill would allow one written protest per parcel, as specified,
to be counted in calculating a majority protest to a proposed new or
increased fee or charge subject to Section 6 of Article XIII D of
the California Constitution.


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

  SECTION 1.  Section 53755 is added to the Government Code, to read:

   53755.  (a) (1) The notice required by paragraph (1) of
subdivision (a) of Section 6 of Article XIII D of the California
Constitution of a proposed increase of an existing fee or charge for
a property-related service being provided to a parcel may be given by
including it in the agency's regular billing statement for the fee
or charge or by any other mailing by the agency to the address to
which the agency customarily mails the billing statement for the fee
or charge.
   (2) The notice required by paragraph (1) of subdivision (a) of
Section 6 of Article XIII D of the California Constitution of a
proposed new fee or charge may be given in the manner authorized for
notice of an increase of a fee or charge if the agency is currently
providing an existing property-related service to the address.
   (3) If the agency desires to preserve any authority it may have to
record or enforce a lien on the parcel to which service is provided,
the agency shall also mail notice to the recordowner's address shown
on the last equalized assessment roll if that address is different
than the billing or service address.
   (b) One written protest per parcel, filed by an owner or tenant of
the parcel, shall be counted in calculating a majority protest to a
proposed new or increased fee or charge subject to the requirements
of Section 6 of Article XIII D of the California Constitution.
   (c) Any agency that bills, collects, and remits a fee or charge on
behalf of another agency may provide the notice required by Section
6 of Article XIII D of the California Constitution on behalf of the
other agency.