BILL NUMBER: AB 3030	CHAPTERED  09/30/08

	CHAPTER  611
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  JULY 7, 2008
	AMENDED IN SENATE  JUNE 11, 2008
	AMENDED IN ASSEMBLY  MAY 5, 2008
	AMENDED IN ASSEMBLY  APRIL 22, 2008

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 22, 2008

   An act to add Section 53756 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3030, Brownley. Local publicly owned water utility: rate cases.

   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
Articles XIII C and XIII D of the California Constitution. Existing
law provides notice, protest, and hearing procedures for the levying
of new or increased fees and charges by local government agencies
pursuant to Articles XIII C and XIII D of the California
Constitution.
   This bill would authorize an agency providing water, sewer, or
refuse collection service to adopt a schedule of fees or charges that
authorize automatic adjustments that pass through increases in
wholesale charges for water or adjustments for inflation, if
prescribed conditions are met, including, but not limited to, that
the schedule of fees or charges not exceed a period of 5 years and
that the schedule be adopted pursuant to existing law providing
notice, protest, and hearing procedures for the levying of new or
increased fees and charges by local government agencies.


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

  SECTION 1.  Section 53756 is added to the Government Code, to read:

   53756.  An agency providing water, sewer, or refuse collection
service may adopt a schedule of fees or charges authorizing automatic
adjustments that pass through increases in wholesale charges for
water or adjustments for inflation, if it complies with all of the
following:
    (a) It adopts the schedule of fees or charges for a
property-related service for a period not to exceed five years
pursuant to Section 53755.
   (b) The schedule of fees or charges may include a schedule of
adjustments, including a clearly defined formula for adjusting for
inflation. Any inflation adjustment to a fee or charge for a
property-related service shall not exceed the cost of providing that
service.
   (c) The schedule of fees or charges for an agency that purchases
wholesale water from a public agency may provide for automatic
adjustments that pass through the adopted increases or decreases in
the wholesale charges for water established by the other agency.
   (d) Notice of any adjustment pursuant to the schedule shall be
given pursuant to subdivision (a) of Section 53755, not less than 30
days before the effective date of the adjustment.