California Codes

Cal. Government Code § 37100.5 (2026)

General Powers — Legislative Body

✓ current as of May 2026
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Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIIIA of the Constitution of California.

Notes of Decisions
Cited in 5 cases, 1993–2019 · leading case: Bldg. Indus. Ass'n of the Bay Area v. City of San Ramon, 4 Cal. App. 5th 62 (Cal. Ct. App. 2016).
Bldg. Indus. Ass'n of the Bay Area v. City of San Ramon, 4 Cal. App. 5th 62 (Cal. Ct. App. 2016). “XI, § 5, Gov. Code, § 37100.5, and Associated Home Builders v.”
City of S.F. v. Regents of the Univ. of Cal., 442 P.3d 671 (Cal. 2019). “(Gov. Code, § 37100.5.) We do not consider today whether this power is coincident with charter cities' constitutional authority.”
E. Mun. Water Dist. v. City of Moreno Valley, 31 Cal. App. 4th 24 (Cal. Ct. App. 1994). · cites it 2× “5, which authorized imposition of the tax, carried with it the authorization to the City to use reasonable means to collect the tax; in this case, such reasonable means could include requiring the District to collect the tax and remit it to the City.”
City & Cnty. of S.F. v. The Regents of the Univ. of Cal. (Cal. 2019). “(Gov. Code, § 37100.5.) We do not consider today whether this power is coincident with charter cities’ constitutional authority.”
Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 1993). · cites it 2× “3d 1058 relied upon the above cited line of cases with respect to an existing authority to tax (Gov. Code, § 37100.5), ruling that a later enacted voter approval requirement was unconstitutional.”
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