AB 2801,
as amended, Gallagher. begin deleteCivil procedure: validation actions. end deletebegin insertLocal government: fees and charges: written protest.end insert
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.
end insertbegin insertExisting statutory law provides notice, protest, and hearing procedures for the levying of new or increased fees or charges by local government agencies pursuant to Article XIII D of the California Constitution. Under existing statutory law, one written protest per parcel, filed by an owner or tenant of the parcel, is counted in calculating a majority protest to a proposed new or increased fee or charge.
end insertbegin insertThis bill would additionally require the local agency to keep the written protests securely stored and sealed until the public hearing. The bill would prohibit an agency from requiring a written protest to include any identification of the property other than the street address unless the property does not have a street address and from requiring a written protest to be submitted on a form provided by the agency. The bill would require the agency to maintain the written protests for a minimum of 2 years and would provide that the written protests are a public record subject to inspection, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program.
end insertbegin insertExisting constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law authorizes a public agency to bring an action in court to determine the validity of certain matters within 60 days of the existence of the matter, as specified. If the public agency does not bring this action, existing law authorizes any interested person to bring the same action in court to determine the validity within 60 days of the existence of the matter, as specified. Existing law prohibits a contest of any thing or matter under these provisions from being made other than within the specified time and manner, except by the public agency or its officer or agent.
end deleteThis bill would delete the prohibition on a contest of any thing or matter under these provisions being made other than within the specified time and manner, except by the public agency or its officer or agent.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 53755 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
(a) (1) The notice required by paragraph (1) of
4subdivision (a) of Section 6 of Article XIII D of the California
5Constitution of a proposed increase of an existing fee or charge
6for a property-related service being provided to a parcel may be
7given by including it in the agency’s regular billing statement for
8the fee or charge or by any other mailing by the agency to the
9address to which the agency customarily mails the billing statement
10for the fee or charge.
11(2) The notice required by paragraph (1) of subdivision (a) of
12Section 6 of Article XIII D of the California Constitution of a
13proposed new fee or charge may be given in the manner authorized
14for
notice of an increase of a fee or charge if the agency is currently
15providing an existing property-related service to the address.
16(3) If the agency desires to preserve any authority it may have
17to record or enforce a lien on the parcel to which service is
18provided, the agency shall also mail notice to the recordowner’s
19address shown on the last equalized assessment roll if that address
20is different than the billing or service address.
21(b) begin insert(1)end insertbegin insert end insert One written protest per parcel, filed by an owner or
22tenant of the parcel, shall be counted in calculating a majority
23protest to a proposed new or increased fee or charge subject to the
24requirements of
Section 6 of Article XIII D of the California
25Constitution.
26
(2) An agency shall not require a written protest to include any
27identification of the property other than the street address unless
28the property does not have a street address.
29
(3) An agency shall not require a written protest to be submitted
30on a form provided by the agency.
31
(4) (A) The agency shall keep any written protest it receives
32securely stored and sealed until the public hearing at which time
33it may be opened
and counted pursuant to paragraph (1).
34
(B) The agency shall maintain all written protests for a minimum
35of two years.
36
(C) (i) A written protest is a public record within the meaning
37of subdivision (e) of Section 6252 and shall be subject to the
P4 1provisions of the California Public Records Act (Chapter 3.5
2(commencing with Section 6250) of Division 7 of Title 1).
3
(ii) Notwithstanding subparagraph (i), written protests shall
4remain confidential and shall not be disclosed pursuant
to any
5state law, including, but not limited to, the California Public
6Records Act (Chapter 3.5 (commencing with Section 6250) of
7Division 7 of Title 1) until they have been opened for counting at
8a public hearing.
9(c) Any agency that bills, collects, and remits a fee or charge
10on behalf of another agency may provide the notice required by
11Section 6 of Article XIII D of the California Constitution on behalf
12of the other agency.
The Legislature finds and declares that Section 1 of
14this act, which amends Section 53755 of the Government Code,
15imposes a limitation on the public’s right of access to the meetings
16of public bodies or the writings of public officials and agencies
17within the meaning of Section 3 of Article I of the California
18Constitution. Pursuant to that constitutional provision, the
19Legislature makes the following findings to demonstrate the interest
20protected by this limitation and the need for protecting that
21interest:
22
In order to avoid undue influence in the
decision on whether to
23protest a proposed levy of a new or increased fee or charge, and
24to ensure that written protests remain sealed from all parties,
25including the agency receiving the protest, until counted at a public
26hearing, a limitation on access by all parties to these written
27protests is required.
The Legislature finds and declares that Section 1 of
29this act, which amends Section 53755 of the Government Code,
30furthers, within the meaning of paragraph (7) of subdivision (b)
31of Section 3 of Article I of the California Constitution, the purposes
32of that constitutional section as it relates to the right of public
33access to the meetings of local public bodies or the writings of
34local public officials and local agencies. Pursuant to paragraph
35(7) of subdivision (b) of Section 3 of Article I
of the California
36Constitution, the Legislature makes the following findings:
37
To increase the transparency of the process for the levy of a new
38or increased fee or charge, the maintenance of, and access to, the
39records of written protests maintained by local agencies is within
40the public interest and therefore furthers the purpose of paragraph
P5 1(7) of subdivision (b) of Section 3 of Article I of the California
2Constitution.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district under this act would result from a legislative mandate that
7is within the scope of paragraph (7) of subdivision (b) of Section
83 of Article I of the California Constitution.
Section 869 of the Code of Civil Procedure is
10amended to read:
The availability to a public agency, including a local
12agency, or to its officers or agents, of the remedy provided by this
13chapter, shall not be construed to preclude the use by the public
14agency or its officers or agents, of mandamus or any other remedy
15to determine the validity of any thing or matter.
O
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