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California Constitution Article XIII D Assessment And Property-Related Fee Reform Section 5

Legal Research Home > California Laws > Constitution > California Constitution 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.

Last modified: February 22, 2013