Lori Wilson
- Democratic
- Assemblymember
- District 11
Author
The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency's compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency's responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions in the fee or assessment setting process, the court's review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency's failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations.
Chaptered by Secretary of State - Chapter 561, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 17.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 11. Page 5230.).
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (July 3).
Read second time and amended. Re-referred to Com. on L. GOV.
From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 8. Noes 2.) (June 18).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 12.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 2.) (May 1).
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 1.) (March 19).
From printer. May be heard in committee March 10.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2257 | HTML |
| 02/08/24 - Introduced | |
| 03/20/24 - Amended Assembly | |
| 04/23/24 - Amended Assembly | |
| 06/20/24 - Amended Senate | |
| 08/05/24 - Amended Senate | |
| 08/29/24 - Enrolled | |
| 09/25/24 - Chaptered |
| Document | Format |
|---|---|
| 03/15/24- Assembly Judiciary | |
| 04/30/24- Assembly Local Government | |
| 05/03/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/14/24- Senate Judiciary | |
| 07/01/24- Senate Local Government | |
| 08/08/24- Sen. Floor Analyses | |
| 08/21/24- ASSEMBLY FLOOR ANALYSIS |
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