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HomeHarbors and Navigation CodeDiv. 8Pt. 2Ch. 3§ 5904 Waterway Project Financing Authority

§ 5904 Waterway Project Financing Authority

Harbors and Navigation Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5904 Waterway Project Financing Authority

This law lets a waterway district collect taxes, special assessments, and issue bonds to pay for building, fixing, and running waterway projects.

Key Takeaways

  • •The district can raise money each year through assessments, reassessments, special taxes, or bonds for waterway projects.
  • •Assessments can be based on things like land use, how much cargo ships move, size of vessels, property size, or other fair methods.
  • •All the money the district collects can be gathered together with the county’s regular taxes, and the county can handle the collection and keep a small fee.
  • •The district can use the money for building, buying land or rights‑of‑way, paying project debts, and even setting aside a fund that must be paid back with interest.

Example

A district wants to build a new boat channel and needs money for the construction and later upkeep.

The district can charge property owners near the channel a special tax or assessment, and it can also sell bonds to raise cash now, then use the collected money to pay for the building and later maintenance.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5904 Waterway Project Financing Authority

(a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for the disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, Ch. 978, Sec. 1.)

Last verified: January 11, 2026

Key Terms

improvementassessmentmaintenancenavigationhighways codeconstructionpropertybenefit

Related Statutes

  • § 6094 Waterway Project Financing Authority
  • § 6365 Waterway Project Financing Authority
  • § 7266 Waterway Project Financing Authority
  • § 6093.4 District Capital Outlay Tax
  • § 6301 District Navigation Improvements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Harbors and Navigation Code. Section 5904.
View Official Source