BILL ANALYSIS
AB 2554
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Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2554 (Brownley) - As Amended: April 8, 2010
SUBJECT : Los Angeles County Flood Control District: fees and
charges.
SUMMARY : Authorizes the Los Angeles County Flood Control
District (District) to impose a fee, in the unincorporated area
of Los Angeles County, to pay the cost and expenses of carrying
out projects and providing services authorized under the
District's Act. Specifically, this bill :
1)Authorizes the District to impose a fee, in the unincorporated
area of Los Angeles County,
in compliance with Proposition 218, to pay the costs and
expenses of carrying out projects and providing services
authorized under the District's Act.
2)Requires any fee that is imposed to be levied and collected
together with, and not separately from, taxes for county
purposes.
EXISTING LAW :
1)Establishes the District to provide for the control and
conservation of flood, storm and other waste waters.
2)Authorizes the District to levy taxes or assessments on all
taxable property within the District, after a vote of property
owners.
FISCAL EFFECT : None
COMMENTS :
1)Article XIIID of the California Constitution [Proposition 218]
distinguishes among taxes, assessments and fees for
property-related revenues, and requires certain actions before
such revenues may be collected. Counties and other local
agencies with police powers may impose any one of these
options on property owners, after completing the Proposition
218 process. Special districts created by statute, however,
AB 2554
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must have specific authority for each of these revenue
sources.
2)The District's authorizing statute (Los Angeles County Flood
Control Act, Chapter 755 of the Statutes of 1915) authorizes
the District to impose only taxes or assessments, not fees.
The District, which is governed by the Los Angeles County
Board of Supervisors, would like to have the same authority
for imposing fees as its governing County. This bill expands
the District's authorization to add the levying of
property-related fees to its current authorization for levying
of taxes or assessments.
3)The County of Los Angeles (County) includes six major
watersheds, significant amounts
of coastline and multiple lakes and rivers. Consequently, the
County and the 85 cities within the District are subject to
numerous Total Maximum Daily Load (TMDL) requirements
under the federal Clean Water Act, which necessitate a regional
approach to TMDL mitigation that is coordinated with and
supportive of individual cities' water quality improvement
efforts.
4)According to the author's office, AB 2554 would authorize the
District to put a fee on the local ballot, asking voters to
raise revenue to fund clean water projects and carry out the
essential duties of the District. According to the sponsors,
the County faces critical and very costly stormwater and urban
runoff pollution challenges as mandated by the Clean Water
Act. Runoff containing trash and bacteria not only negatively
impacts water quality, but is harmful to the public health and
economic vitality of all communities in the region. Increased
funding for necessary environmental projects will help keep
waters clean and spur green job creation.
5)The May 7, 2009, version of AB 139 (Brownley), which was never
heard by a policy committee, would have: a) authorized the
District to impose a fee to pay the cost and expenses of
carrying out projects and providing services to improve water
quality and reduce stormwater and urban runoff in the
District; and, b) provided for a division of those fees
collected between the District and other jurisdictions within
the boundaries of the District. AB 554 (Nava), Chapter 510,
Statutes of 2005, authorized the Ventura County Watershed
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Protection District to levy a fee on taxable real property
both districtwide and by zone.
6)Support Arguments : Supporters argue that AB 2554 gives the
District another tool in the tool box in order to help combat
urban stormwater runoff and its environmental impacts.
It is costly to maintain TMDL requirements and any additional
revenues that can help assist in this effort would greatly
help the District.
Opposition Arguments : Opposition might argue that
unincorporated areas of Los Angeles County are not the only
areas that have to manage stormwater runoff and that any
effort to solve this issue should be done County wide.
Opposition, also argues that this measure expands a fee
authority only currently authorized for one other flood
control district.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles [SPONSOR]
Association of CA Water Agencies
CA State Association of Counties
Los Angeles and San Gabriel Rivers Watershed Council
Los Angeles Stormwater Quality Partnership
Tree People
Opposition
Howard Jarvis Taxpayers Association
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958