Anna Caballero
- Democratic
- Senator
- District 14
Author
The Mitigation Fee Act authorizes a local agency to establish, increase, or impose a variety of fees, dedications, reservations, or other exactions for services, and in connection with the approval of a development project, as defined. Existing law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, as defined, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Existing law provides that a local agency levying a new water or sewer connection fee or increasing a fee must do so by ordinance or resolution. Existing law requires, for specified fees, including water or sewer connection fees, any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion according to specified procedures for validation proceedings. Except as provided, this bill would require any judicial action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or motion adopting, modifying, or amending water or sewer service fees or charges adopted after January 1, 2022, to be commenced within 120 days of the effective date or the date of final passage, adoption, or approval of the ordinance, resolution, or motion, whichever is later. Articles XIIIC and XIIID 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 XIIIC and XIIID of the California Constitution and defines terms for these purposes. This bill would require a water or sewer agency mailing a written notice to the record owner of a parcel affected by a proposed fee or charge pursuant to Article XIIID to include a statement that there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge. This bill would provide that the provisions of this bill do not apply to a judicial action arising from billing errors, as provided, due to the defective implementation of an ordinance, resolution, or motion adopting, modifying, or amending a fee or charge for water or sewer service. Because this bill would require an agency issuing a notice pursuant to Article XIIID to include additional information in the notice, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Chaptered by Secretary of State. Chapter 216, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 33. Noes 2. Page 2610.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 77. Noes 0. Page 3015.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (August 19).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 22).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 9). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 34. Noes 1. Page 1035.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0. Page 859.) (April 20).
Set for hearing April 20.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 633.) (March 25). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
Set for hearing March 25.
March 11 hearing postponed by committee.
Set for hearing March 11.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 10.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB323 | HTML |
| 02/05/21 - Introduced | |
| 03/17/21 - Amended Senate | |
| 06/23/21 - Amended Assembly | |
| 07/07/21 - Amended Assembly | |
| 08/16/21 - Amended Assembly | |
| 09/14/21 - Enrolled | |
| 09/22/21 - Chaptered |
| Document | Format |
|---|---|
| 03/22/21- Senate Governance and Finance | |
| 04/16/21- Senate Judiciary | |
| 04/23/21- Sen. Floor Analyses | |
| 06/08/21- Assembly Local Government | |
| 06/17/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/09/21- Sen. Floor Analyses |
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