BILL NUMBER: AB 2567	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 25, 2012
	PASSED THE ASSEMBLY  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2567, Carter. Sewer collection agency: schedule of fees.
   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 establishes 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. Existing law authorizes an agency that provides water,
sewer, or refuse collection service to adopt a schedule of fees or
charges authorizing automatic adjustments that pass through increases
in wholesale charges for water or adjustments for inflation, if that
agency complies with specified procedures.
   This bill would additionally authorize an agency that provides
wastewater collection service to adopt a schedule of fees or charges,
as specified. The bill would also authorize an agency that provides
water, wastewater, sewer, or refuse collection service to adopt a
schedule of fees or charges authorizing automatic adjustments that
pass through increases in wholesale charges for sewage treatment or
wastewater treatment, if that agency complies with specified
procedures.



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

  SECTION 1.  Section 53756 of the Government Code is amended to
read:
   53756.  An agency providing water, wastewater, 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, sewage treatment, or wastewater
treatment 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, sewage treatment, or wastewater treatment from a
public agency may provide for automatic adjustments that pass through
the adopted increases or decreases in the wholesale charges for
water, sewage treatment, or wastewater treatment 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.