BILL NUMBER: AB 2567	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 24, 2012

   An act to amend Section 53756 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2567, as introduced, Carter. Sewer collection agency: schedule
of fees.
   Articles XIII C and XIII D of the California Constitution,
generally requires 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. Existing
law establishes notice, protest, and hearing procedures for the
levying of new or increased fees and charges by local government
agencies pursuant to Articles XIII C and XIII D of the California
Constitution.  Existing law authorizes an agency that provides water,
sewer, or refuse collection service to adopt a schedule of fees or
charges authorizing automatic adjustments that pass through increases
in wholesale charges for water or adjustments for inflation, if it
complies with specified procedures.
   This bill would additionally authorize a sewer collection agency
that charges a fee that includes a pass through increase in water
treatment fees charged by a water treatment agency to adopt a
schedule of fees or charges authorizing automatic adjustments in the
amount of that fee, if that agency complies with specified
procedures.
   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.  Section 53756 of the Government Code is amended to
read:
   53756.   (a)    An agency providing water,
sewer, or refuse collection service may adopt a schedule of fees or
charges authorizing automatic adjustments that pass through increases
in wholesale charges for water or adjustments for inflation, if it
complies with all of the following: 
   (a) 
    (1)  It adopts the schedule of fees or charges for a
property-related service for a period not to exceed five years
pursuant to Section 53755. 
   (b) 
    (2)  The schedule of fees or charges may include a
schedule of adjustments, including a clearly defined formula for
adjusting for inflation. Any inflation adjustment to a fee or charge
for a property-related service shall not exceed the cost of providing
that service. 
   (c) 
    (3)  The schedule of fees or charges for an agency that
purchases wholesale water from a public agency may provide for
automatic adjustments that pass through the adopted increases or
decreases in the wholesale charges for water established by the other
agency. 
   (d) 
    (4)  Notice of any adjustment pursuant to the schedule
shall be given pursuant to subdivision (a) of Section 53755, not less
than 30 days before the effective date of the adjustment. 
   (b) This section shall apply to a sewer collection agency that
charges a fee that includes a pass through increase in water
treatment fees charged by a water treatment agency, if that agency
complies with the requirements of paragraphs (1) to (4), inclusive,
of subdivision (a).