BILL NUMBER: SB 614 CHAPTERED 08/30/99 CHAPTER 269 FILED WITH SECRETARY OF STATE AUGUST 30, 1999 APPROVED BY GOVERNOR AUGUST 30, 1999 PASSED THE ASSEMBLY AUGUST 16, 1999 PASSED THE SENATE MAY 24, 1999 AMENDED IN SENATE APRIL 28, 1999 INTRODUCED BY Senator Morrow FEBRUARY 24, 1999 An act to add Section 54906 to the Government Code, and to add Section 1162.6 to the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 614, Morrow. Highways: permanent road division: formation. (1) Article XIIID of the California Constitution, which was added pursuant to the approval by the electorate of Proposition 218 at the November 5, 1996, general election, generally requires that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of a written notice and the holding of a public hearing. The Proposition 218 Omnibus Implementation Act prescribes specific procedures and parameters for local jurisdictions in complying with Article XIIID of the California Constitution. Existing law authorizes the board of supervisors of a county, by resolution, to form a permanent road division. Existing law prescribes procedures for protesting the proposal and for a hearing thereon, and specifies conditions under which an election is required. This bill would authorize a board of supervisors to form a permanent road division without reference to a specific road project, as specified, and to create zones within the division for specific permanent road projects, with differing special taxes or parcel charges. The bill would require the board of supervisors to comply with specified notice, hearing, and protest requirements. (2) Existing provisions of the Government Code set forth provisions governing the boundaries of cities, counties, and other agencies. This bill would exempt from these boundary requirements any zones within permanent road divisions where the zones are formed for a specific permanent road project. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 54906 is added to the Government Code, to read: 54906. This chapter does not apply to any zones within a permanent road division created pursuant to Section 1162.6 of the Streets and Highways Code, where the zones are formed for a specific permanent road project. SEC. 2. Section 1162.6 is added to the Streets and Highways Code, to read: 1162.6. (a) Notwithstanding any other provision of this chapter, the board of supervisors may form a permanent road division without reference to a specific permanent road project. The division may include the entire unincorporated area of the county. The board may create zones within the division for specific permanent road projects, with differing special taxes or parcel charges. Parcel charges shall be deemed to be assessments within the meaning of Article XIIID of the California Constitution. (b) Formation of the division shall be initiated by resolution of the board of supervisors that sets a time and date for a hearing on the matter. Notice of the hearing shall be given pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the county, or, if there is no newspaper of general circulation published in the county, in a newspaper of general circulation that is circulated within the territory proposed to be included within the division. Publication shall be complete at least seven days prior to the hearing. (c) At the hearing, the board of supervisors shall hear all objections to the establishment of the division and shall determine whether to form the division. (d) Proceedings to form a division or zones may be consolidated with an assessment ballot proceeding pursuant to Section 53753 of the Government Code.