What is the Proposition 218 process, and how are written protests calculated?
What is the Proposition 218 process, and how are written protests calculated?
May 24, 2024
In November 1996, California voters passed Proposition 218, the “Right to Vote on Taxes Act”. Prop. 218 requires voter approval prior to imposition or increase of general taxes, assessments, including water and sewer service rates and charges. Specific features of Prop. 218 for water and sewer service charges:
- Requires the City put charges and user fees out to a vote prior to an increase. In most cases, the vote will require individual notices be mailed to affected property owners or customers. A formal protest hearing is also required to move forward with the increase.
- Requires fees charged to property owners and customers may not exceed the cost of providing the service.
- Property owners or customers have the right to protest the proposed water and/or wastewater rates. The protest must be in writing, and must be submitted by either the property owner or a utility customer. Detailed information regarding the voting process can be found in the Prop. 218 Notice.
- At the conclusion of the Public Hearing scheduled on June 18, 2024, the City Council will consider adopting the proposed changes as follows:
- 1) If fewer than a majority of affected parcels file a written protest, the City Council will consider adjusting water and/or wastewater rates as proposed.
- 2) If a majority (50% +1) of affected parcels submit protests against the water or wastewater rates before the conclusion of the Public Hearing, the City is prohibited by law from increasing water and/or wastewater rates at this time.
