BILL NUMBER: AB 2567	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2012

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 amended, Carter. Sewer collection agency: schedule of
fees.
   Articles XIII C and XIII D of the California Constitution 
,  generally  requires   require 
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
  that agency  complies with specified procedures.
    This bill would additionally authorize an agency that
provides wastewater collection service to adopt a schedule of fees or
charges, as specified.  This bill would  additionally
  also  authorize  a   an
agency that provides water, wastewater, sewer  , or refuse
 collection  agency   that charges a
fee that includes a pass through increase in water treatment fees
charged by a water treatment agency   service  to
adopt a schedule of fees or charges authorizing automatic adjustments
 in the amount of that fee   that pass through
increases in wastewater treatment  , 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,  wastewater,  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 wastewater treatment  or adjustments for
inflation, if it complies with all of the following: 
   (1) 
    (a)  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. 
   (2) 
    (b)  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. 
   (3) 
    (c)  The schedule of fees or charges for an agency that
purchases wholesale water  or wastewater treatment  from a
public agency may provide for automatic adjustments that pass through
the adopted increases or decreases in the wholesale charges for
water  or wastewater treatment  established by the other
agency. 
   (4) 
    (d)  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).