Senate Bill No. 184

Introduced by Committee on Governance and Finance (Senators Hertzberg (Chair), Bates, Beall, Hernandez, Lara, Nguyen, and Pavley)

February 9, 2015

An act to amend Sections 5473.4, 5474.4, and 5474.5 of the Health and Safety Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 184, as introduced, Committee on Governance and Finance. Local government: omnibus bill.

Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. If the entity collects these charges in this way, existing law requires the entity to prepare and file with its clerk or secretary a report describing each parcel of property receiving the above-described services and the amount charged. Existing law requires the clerk or secretary to annually file the report with the auditor. Existing law also authorizes these local entities to fix fees or charges for the privilege of connecting parcels of property to their sanitation or sewerage facilities, subject to specified procedures. Existing law requires the legislative body of the local entity to annually file with the auditor a list of lots or parcels of land subject to these fees or charges and the amounts of the installments of the fees or charges to be entered against the affected lots or parcels of land. Existing law requires the auditor to enter on the assessment roll the amounts of installments of these fees or charges. Existing law defines the auditor, for the purposes of these provisions, as the financial officer of the local entity.

This bill would clarify that the above-described provisions relating to the authority and duties of the auditor apply only to the county auditor. The bill would also make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) This act shall be known, and may be cited,
as the Local Government Omnibus Act of 2014.

(b) The Legislature finds and declares that Californians want
their governments to be run efficiently and economically and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own costs by reducing the number of separate bills.
Therefore, it is the intent of the Legislature in enacting this act to
combine several minor, noncontroversial statutory changes relating
to the common theme, purpose, and subject of local government
into a single measure.

SEC. 2.  

Section 5473.4 of the Health and Safety Code is
amended to read:

5473.4.  

On or before August 10 of each year following the
final determination upon each charge, the clerk shall file with the
begin insert county end insert auditor a copy of the report prepared pursuant to Section
5473 with a statement endorsed on the report over his or her
signature that the report has been finally adopted by the legislative
body of the entity and the begin insert county end insert auditor shall enter the amounts
of the charges against the respective lots or parcels of land as they
appear on the current assessment roll. Where any of the parcels
are outside the boundaries of the entity they shall be added to the
assessment roll of the entity for the purpose of collecting the
charges. If the property is not described on the roll, the begin insert county end insert
auditor may enter the description on the roll together with the
amounts of the charges, as shown in the report.

SEC. 3.  

Section 5474.4 of the Health and Safety Code is
amended to read:

5474.4.  

On or before begin delete the tenth day of August end delete begin insert August 10 end insert of each
year following begin delete such end delete begin insert the end insert final determination, the legislative body
shall certify to the begin insert county end insert auditor a list of the lots or parcels of
land, as they appear on the current assessment roll, subject to begin delete such end delete
begin insert any end insert fees or charges and the amounts of the installments of begin delete such end delete
begin insert those end insert fees or charges and interest to be entered against begin delete such end delete begin insert the end insert
lots or parcels on the assessment roll. In the event a lot or parcel
connected to the facilities is subsequently divided into two or more
lots or parcels as shown on the current assessment roll, the
legislative body shall designate the lot or parcel that remains
connected to the facilities and against which the installments of
the fees or charges and interest are to be entered.

SEC. 4.  

Section 5474.5 of the Health and Safety Code is
amended to read:

5474.5.  

The begin insert county end insert auditor shall enter on the current assessment
roll the amounts of the installments of begin delete such end delete begin insert any end insert fees or charges
and interest and, except as provided in Section 5474.6, the amounts
thereof shall constitute a lien against the lot or parcel of land
against which levied as of noon on the first Monday in March
immediately preceding the date of entry.