BILL ANALYSIS
AB 2554
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2554 (Brownley)
As Amended August 5, 2010
Majority vote
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|ASSEMBLY: |48-28|(June 1, 2010) |SENATE: |22-10|(August 19, 2010) |
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|COMMITTEE VOTE: |6-3 |(August 25, 2010) |RECOMMENDATION: |Concur |
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Original Committee Reference: L. GOV.
SUMMARY : Authorizes the Los Angeles County Flood Control District
(District) to impose a fee, in Los Angeles County (County), to pay
the cost and expenses of carrying out projects and providing
services authorized under existing law.
The Senate amendments :
1)Expand the application of the fee authorization to the entire
County, thereby authorizing the District to impose a fee, in the
County, in compliance with Proposition 218, to pay the costs and
expenses of carrying out projects and providing services to
improve water quality and reduce stormwater and urban runoff
pollution in the District.
2)Require the District to allocate the revenues as follows:
a) 10% to the District to implement and administer water
quality programs and to pay the District's costs for levying
and collecting the fee and distributing revenues;
b) 40% to Los Angeles County and to the cities within the
District, divided proportionally among each jurisdiction, to
be expended for water quality improvement programs; and,
c) 50% to nine watershed authority groups that the District
must authorize by ordinance, divided proportionally among
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each watershed, to implement collaborative water quality
improvement plans or programs in the watersheds.
3)Require nine watershed authority groups to be established under
the Joint Exercise of Powers Act for the following watersheds:
Ballona Creek, Dominguez Channel, Upper Los Angeles River, Lower
Los Angeles River, Rio Hondo, Upper San Gabriel River, Lower San
Gabriel River, Santa Clara River, and Santa Monica Bay.
4)Specify that implementation of a watershed authority group's
collaborative water quality plan or program requires the consent
of any member agency whose jurisdiction comprises more than 40%
of the total land area in a watershed.
5)Require the District's governing board to adopt an ordinance to
implement its fee authority.
6)Make other technical amendments to the District's authorizing
statutes.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Authorized the District to impose a fee, in the unincorporated
area of the 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)Required any fee that is imposed to be levied and collected
together with, and not separately from, taxes for county
purposes.
FISCAL EFFECT : None
COMMENTS : Article XIII D of the California Constitution
[Proposition 218] distinguishes among taxes, assessments and fees
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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, must have specific authority
for each of these revenue sources.
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.
The 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 (CWA), which necessitate a regional approach to TMDL
mitigation that is coordinated with and supportive of individual
cities' water quality improvement efforts.
According to the author's office, this bill 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 CWA. 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.
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 Protection District to levy a fee on taxable real
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property both district-wide and by zone.
Support arguments: Supporters argue that this bill 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 Los Angeles
County is not the only area that have to manage stormwater runoff
and that any effort to solve this issue should be done state-wide.
Opposition, also argues that this measure expands a fee authority
only currently authorized for one other flood control district.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916) 319-3958
FN: 0006778