Public Revenue: Rates, Fees and Charges
Public Revenue: Rates, Fees and Charges
Proposition 13, 218, 26, and related ballot propositions and state laws significantly constrain California public agencies' ability to raise revenues. These laws limit property tax rates, require voter approval of general and special taxes, and impose procedural and substantive limitations on approving and collecting rates and charges even for essential public services.
Our attorneys advise cities and special districts on revenue matters associated with the adoption, levy, and defense of taxes, assessments, fees, and charges. We consult with clients during the ratemaking process to assist with compliance with Proposition 218, 26, and related Constitutional and state law requirements. We provide advice and counsel regarding existing rates, and assist with litigation if taxes, rates, fees, or charges are challenged in court. We have a particular focus on water and wastewater fees and charges.
In addition to advising on taxes and fees, our attorneys have experiencing financing a broad array of projects, including water and sewer system improvements, utility projects, affordable housing, and wetlands and open space preservation. We assist with State Revolving Fund (SRF) loans, act as issuer's counsel for bond funding, and work on formation of assessment districts and various other financial structures.
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News & Resources
Governor Signs Three New Laws Protecting Water Agencies and their Customers From Higher Costs
In the past week, California's Governor signed into law three bills to ensure fair water rates across California. 1) SB 1072 requires that any surplus funds collected from water & wastewater customers be used to reduce future fees. 2) AB 1827 confirms that meter charges and peak usage associated with higher costs of water service are appropriate components of water fees. 3) and, AB 2257 provides a framework for an administrative exhaustion procedure that will create more protections from Prop. 218 lawsuits for water, sewer, and solid waste agencies in the future.
Supreme Court Blocks Taxpayer Initiative from November Ballot
On June 20, 2024, the California Supreme Court ruled that the Taxpayer Protection and Government Accountability Act cannot appear on the general election ballot in November.