Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

California Constitutional Provisions

Article XIII D Assessment and Property-Related Fee Reform

Section 5

Sec. 5. Effective date. Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4:

(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.

(b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.

(c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contract Impairment Clause of the Constitution of the United States.

(d) Any assessment which previously received majority voter approval from the voters voting in an election on the issue of the assessment. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4.

Construction.—An annual streetlighting assessment levied by a city's streetlight assessment district, in existence on the effective date of Article XIIID, came within the subdivision (a) exemption for streets and sidewalks, one of the four specified classes of pre-existing assessments exempted from the procedures and approval process set forth in Article XIIID, Section 4. Howard Jarvis Taxpayers' Assn. v. City of Riverside, 73 Cal.App.4th 679. A pre-existing standby charge on all property capable of receiving water from the district came within the subdivision (a) exemption for water. Keller v. Chowchilla Water District, 80 Cal.App.4th 1006.