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AB-2567 Sewer collection agency: schedule of fees.(2011-2012)

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Assembly Bill No. 2567
CHAPTER 103

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

[ Approved by Governor  July 13, 2012. Filed with Secretary of State  July 13, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2567, Carter. Sewer collection agency: schedule of fees.
Articles XIII C and XIII D of the California Constitution generally 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 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. The bill would also authorize an agency that provides water, wastewater, sewer, or refuse collection service to adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for sewage treatment or wastewater treatment, if that agency complies with specified procedures.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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.
 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, sewage treatment, or wastewater treatment or adjustments for inflation, if it complies with all of the following:
(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.
(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.
(c) The schedule of fees or charges for an agency that purchases wholesale water, sewage treatment, 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, sewage treatment, or wastewater treatment established by the other agency.
(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.