§ 53759.2. — 53759.2. (Added by Stats. 2024, Ch. 561, Sec. 3.)

California § 53759.2.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 5.: DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES
• Part 1.: PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES
• Ch. 4.: CHAPTER 4. Financial Affairs
• Art. 4.7.: ARTICLE 4.7. Legal Actions Challenging Revenue Measures for Water or Sewer Service

Text

(a)
For purposes of this section, “fee or assessment” means any property-related water or sewer fee or charge, or any special assessment levied or the methodology used to develop and levy the fee, charge, or assessment.
(b)
Notwithstanding any law, if a local agency adopts a fee or assessment and complies with subdivision (c) of Section 53759.1, 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 Section 4 or 6 of Article XIII
D of the California Constitution in the fee or assessment setting process
shall be subject to the following requirements:
(1)
Except as provided in paragraph (2), the court’s review shall be limited to the record of proceedings before the local agency for that fee or assessment as follows:
(A)
Any cost-of-service or rate study or report, any engineer’s report, agency staff reports, and related documents prepared by the local agency with respect to the fee or assessment.
(B)
Any transcript or minutes of the proceedings at which the decisionmaking body of the local agency heard testimony or public comment on the fee or assessment, and any transcript or minutes of the proceedings before any advisory body to the local agency that were presented to the decisionmaking body before action on the
fee or assessment.
(C)
All notices issued by the local agency for purposes of complying with subdivision (c) of Section 53759.1, to comply with the requirements of Section 4 or 6 of Article XIII
D of the California Constitution, or with any other law requiring notice.
(D)
All timely submitted written objections and any local agency responses to those objections made pursuant to Section 53759.1.
(E)
All written evidence or correspondence related to the fee or assessment submitted to, or transmitted from, the local agency prior to the completion of the protest hearing or ballot tabulation hearing required under Section 4 or 6 of Article XIII
D of the California Constitution.
(F)
Documentation of the local agency’s final decision on the fee or assessment, including any ordinance, resolution, rule, regulation, meeting minutes, or other record of the local agency’s decision.
(G)
All protests, ballots, and records of the tabulation, protests, or ballots made in connection with the fee or assessment.
(H)
All written evidence or documentation supporting the fee or assessment in the local agency’s files prior to completion of the protest hearing or ballot tabulation hearing required under Section 4 or 6 of Article XIII
D of the California Constitution.
(2)
Evidence outside the record of proceedings before the local agency
may be admitted under the following circumstances:
(A)
Where the evidence is relevant to issues other than the validity of the fee or assessment, such as a petitioner’s standing and capacity to sue.
(B)
Where the evidence is relevant to affirmative defenses, including, but not limited to, laches, estoppel, and res judicata.
(C)
Where the evidence is relevant to the accuracy and completeness of the administrative record certified by the local agency.
(D)
Where the evidence is relevant to the local agency’s compliance with the procedures set forth in subdivision (c) of Section 53759.1.
(E)
Where the
evidence is necessary to explain information in the administrative record on the issue of compliance with Section 4 or subdivision (a) of Section 6 of Article XIII
D of the California Constitution.
(c)
Nothing in this section shall 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.

Legislative History

Added by Stats. 2024, Ch. 561, Sec. 3. (AB 2257) Effective January 1, 2025.