PROPOSITION 218 FAQS
WHAT IS PROPOSITION 218?
Proposition 218 is an article of the California Constitution that was passed by California voters in November 1996. It establishes the process by which public agencies can raise fees for public services. It was designed to provide greater ratepayer involvement in the entire rate-setting process.
WHAT DOES PROPOSITION 218 REQUIRE OF GOVERNMENTAL ENTITIES?
Proposition 218 requires jurisdictions to mail a public hearing notice to every property owner regarding proposed rate changes 45 days before holding a public hearing during which the County Board of Supervisors considers whether or not to adopt the changes. It also establishes a protest process for account holders to follow if they wish to oppose the proposed rates.
WHO RECEIVES A PUBLIC HEARING NOTICE?
Every property owner receives a public hearing notice.
WHAT SERVICES ARE COVERED BY THE RATES?
The rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the El Dorado County Ordinance Code, the franchise agreement, and the Rate Setting Manual. Such services include solid waste containers, solid waste pick-up, 2 free bulky item pickups per year, and free Spring/Fall yard waste pickup/drop-off. Additional information on services provided by South Tahoe Refuse is found at:
Residential Waste, Trash & Recycling Services South Tahoe
ARE WE THE ONLY COUNTY EXPERIENCING AN INCREASE IN SOLID WASTE SERVICES?
No. The costs associated with the proposed rate increase will affect most, if not all, jurisdictions in El Dorado County and the State. Costs associated with CPI, SB 1383, and recycling markets will impact solid waste rates all across California.
WHAT ARE THE REQUIREMENTS FOR SUBMITTING A PROTEST OF THE RATES?
All written protests must, at a minimum, include the following information to be counted: address or assessor parcel numbers of property subject to the new rates, printed name and signature of the protester and whether the protester is a property owner or rate-paying tenant, and a clear statement protesting the rates proposed in this notice. Written protests by electronic mail (email) or fax will not be accepted. Only one protest can be filed by an account holder per parcel (or service address) in order to count as a valid protest vote.
Since all written protests must be received by the end of the public hearing, protests being sent by mail should allow sufficient time for delivery, as they will not be counted if they are not received and processed by the County Clerk of the Board’s office prior to the close of the public hearing. Persons wishing to protest must submit (in-person or by mail) their protest to:
Clerk of the Board
330 Fair Lane, Building A Placerville, CA 95667
Protests must be received before the public hearing or appear at the public hearing and submit their written protest at the hearing.
WHAT HAPPENS WHEN I SEND IN MY WRITTEN PROTEST?
Written protests must include all information satisfying the three requirements above to be counted and are counted and kept on file with the Clerk of the Board. If a majority of the account holders file written protests opposing the rates before the end of the public hearing, the County is prohibited by Proposition 218 from implementing the rate changes.
WHAT CONSTITUTES THE MAJORITY NEEDED TO PROTEST THE PROPOSED RATES?
A majority of the property owners/tenant rate payers means more than one-half (50% plus one) of the properties in the unincorporated area of South Lake Tahoe of El Dorado County Area A. Currently, the County has 6,258 properties in Area A, of which 3,130 or more protests would constitute a majority.
WHAT HAPPENS IF THE COUNTY RECEIVES A MAJORITY OF PROTESTS?
In the event that a majority of property owners/tenant rate payers protest the rate changes, the Board of Supervisors are provided copies of the ratepayer protests for their review and may choose to either request that staff go back and make changes to be reintroduced through another 218 process before consideration of an adoption is entertained, or, withhold adoption of the proposed rate changes altogether.
WHAT HAPPENS IF THE COUNTY DOES NOT RECEIVE A MAJORITY OF PROTESTS?
Without a majority protest, the Board of Supervisors has the legal authority to adopt the proposed rate changes as dictated by Proposition 218, the Franchise Agreement, and the Rate Setting Manual, unless deficiencies are noted. The County utilizes an independent firm to identify the applicable Consumer Price Index (U.S. Garbage and Trash) and to verify that the CPI increase is mathematically accurate and logically consistent with the rate-setting process. The final report is verified and presented to Member Agencies of the South Lake Tahoe Basin Waste Management Authority (JPA) to use in their respective solid waste franchise agreements. The Member Agencies are the County of El Dorado, the City of South Lake Tahoe, and Douglas County, Nevada. The JPA is responsible for overseeing regional cooperation regarding solid waste and coordinating solid waste program planning and reporting to the Member Agencies. South Tahoe Refuse is the franchised hauler for all the Member Agencies.
A FEW ITEMS WORTH REPEATING FOR CLARIFICATION:
***An important distinction is the requirement that there be no more than one protest per account. Multiple dwellings for which there are more than one home, apartment, mobile home, etc., receive only one protest from the account holder (name on the account). The signature that is required in order for a protest to be valid and counted must be handwritten. The County uses this to verify that a protest is not reproduced or submitted by someone other than the property owner or South Tahoe Refuse account holder. The protest can then be scanned for submission, but the scan must include a handwritten (not typed) signature.