BILL NUMBER: AB 2194	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 20, 2014

   An act to amend Section 53313 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2194, as introduced, Mullin. Mello-Roos Community Facilities
Act of 1982.
   The Mello-Roos Community Facilities Act of 1982 authorizes a
community facilities district to finance various services, including,
but not limited to, flood and storm protection services, as
specified.
   This bill would additionally authorize the financing of storm
water management.
   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 53313 of the Government Code is amended to
read:
   53313.  A community facilities district may be established under
this chapter to finance any one or more of the following types of
services within an area:
   (a) Police protection services, including, but not limited to,
criminal justice services. However, criminal justice services shall
be limited to providing services for jails, detention facilities, and
juvenile halls.
   (b) Fire protection and suppression services, and ambulance and
paramedic services.
   (c) Recreation program services, library services, maintenance
services for elementary and secondary schoolsites and structures, and
the operation and maintenance of museums and cultural facilities. A
special tax may be levied for any of the services specified in this
subdivision only upon approval of the registered voters as specified
in subdivision (b) of Section 53326. An election to enact a special
tax for recreation program services, library services, and the
operation and maintenance of museums and cultural facilities may be
conducted pursuant to subdivision (c) of Section 53326.
   (d) Maintenance and lighting of parks, parkways, streets, roads,
and open space.
   (e) Flood  and   ,  storm protection
services,  and storm water   management, 
including, but not limited to,  compliance with state and federal
storm water permit requirements,  the operation and maintenance
of storm drainage systems, plowing and removal of snow, and
sandstorm protection systems.
   (f) Services with respect to removal or remedial action for the
cleanup of any hazardous substance released or threatened to be
released into the environment. As used in this subdivision, the terms
"remedial action" and "removal" shall have the meanings set forth in
Sections 25322 and 25323, respectively, of the Health and Safety
Code, and the term "hazardous substance" shall have the meaning set
forth in Section 25281 of the Health and Safety Code. Community
facilities districts shall provide the State Department of Health
 Care  Services and local health and building departments
with notification of any cleanup activity pursuant to this
subdivision at least 30 days prior to commencement of the activity.
   (g) Maintenance and operation of any real property or other
tangible property with an estimated useful life of five or more years
that is owned by the local agency or by another local agency
pursuant to an agreement entered into under Section 53316.2.
   A community facilities district tax approved by vote of the
landowners of the district may only finance the services authorized
in this section to the extent that they are in addition to those
provided in the territory of the district before the district was
created. The additional services shall not supplant services already
available within that territory when the district was created.
   Bonds shall not be issued pursuant to this chapter to fund any of
the services specified in this section, although bonds may be issued
to fund capital facilities to be used in providing these services.