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CA SB231

Bill

Status

Passed

10/6/2017

Primary Sponsor

Bob Hertzberg

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Amends Government Code Section 53750 to add a definition of "sewer" that includes systems for sewage collection, treatment, and disposition for sanitary or drainage purposes, including lateral sewers, treatment plants, drains, conduits, and structures for collecting or disposing of sewage, industrial waste, or surface or storm waters.

  • Excludes from the definition of "sewer system" any system that merely collects sewage on the property of a single owner.

  • Adds Government Code Section 53751 with legislative findings stating that the definition of "sewer" should include storm water and drainage systems, not just sanitary sewers, consistent with historical statutory definitions and court precedent.

  • Declares that the 2002 court decision in Howard Jarvis Taxpayers Ass'n v. City of Salinas improperly narrowed the meaning of "sewer" under Proposition 218 by disregarding plain meaning statutory construction principles and the voters' intent.

  • Affirms that the definition of "sewer" in former Public Utilities Code Section 230.5 should apply to Proposition 218, enabling local governments to fund storm water and drainage management projects without voter approval as property-related fees.

Legislative Description

Local government: fees and charges.

Last Action

Chaptered by Secretary of State. Chapter 536, Statutes of 2017.

10/6/2017

Committee Referrals

Local Government5/22/2017
Governance and Finance2/16/2017
Rules2/2/2017

Full Bill Text

No bill text available