Bill Text: CA AB792 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Utility user tax: exemption: distributed generation systems.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State - Chapter 534, Statutes of 2013. [AB792 Detail]

Download: California-2013-AB792-Amended.html

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BILL NUMBER: AB 792	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Mullin
    (   Principal coauthor:   Senator 
 Hill   ) 
   (Coauthor: Assembly Member Alejo)

                        FEBRUARY 21, 2013

   An act to  amend Sections 54954.2 and 54956 of the
Government   add Section 7284.5 to the Revenue and
Taxation  Code, relating to  local government 
 taxation  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 792, as amended, Mullin.  Local government: open
meetings.   Utility user tax: exemption: distributed
generation systems.  
   Existing law generally provides that the legislative body of any
city and any charter city may make and enforce all ordinances and
regulations with respect to municipal affairs, as provided,
including, but not limited to, a utility user tax on the consumption
of gas and electricity. Existing law provides that the board of
supervisors of any county may levy a utility user tax on the
consumption of, among other things, gas and electricity in the
unincorporated area of the county.  
   This bill would exempt from any utility user tax imposed by a
local jurisdiction, as defined, the consumption of electricity
generated by a renewable distributed generation system that is
installed for the exclusive use of a single customer.  
   The Ralph M. Brown Act enables the legislative body of a local
agency to call both regular and special meetings. The act requires
the legislative body of a local agency to post, at least 72 hours
before the meeting, an agenda containing a brief general description
of each item of business to be transacted or discussed at a regular
meeting, in a location that is freely accessible to members of the
public, and to provide a notice containing similar information with
respect to a special meeting at least 24 hours prior to the special
meeting. The act requires that the agenda or notice be freely
accessible to members of the public, and be posted on the local
agency's Internet Web site, if the local agency has one. 

   This bill, if the local agency is unable to post the agenda or
notice on its Internet Web site because of software, hardware, or
network services impairment beyond the local agency's reasonable
control, would specify that the local agency may conduct the meeting
as long as the legislative body meets specified requirements,
including, among other things, posting the agenda or notice
immediately upon resolution of the technological problems, as
specified. The bill would provide that the delay in posting, or the
failure to post, the agenda or notice would not preclude a local
agency from conducting the meeting or taking action on items of
business, provided that the agency has complied with all other
relevant requirements.  
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7284.5 is added to the 
 Revenue and Taxation Code   , to read:  
   7284.5.  (a) For the purposes of this section, "local jurisdiction"
means any city, county, city and county, including any chartered
city, county, or city and county, district, or public or municipal
corporation.
   (b) There is exempt from any utility user tax on the consumption
of electricity, imposed by any local jurisdiction, a customer's
consumption of electricity generated by a renewable distributed
generation system that is installed for the exclusive use of a single
customer. 
   SEC. 2.    The Legislature finds and declares that
exempting the consumption of electricity generated by a renewable
distributed generation system that is installed for the exclusive use
of a single customer from local utility user taxes will ensure
statewide uniformity and fairness in the overall imposition of the
utility user tax. Therefore, exempting from utility user taxes the
consumption of electricity generated by a renewable distributed
generation system that is installed for the exclusive use of a single
customer is a matter of statewide concern, and not a municipal
affair, as that term is used in Section 5 of Article XI of the
California Constitution.  
  SECTION 1.    Section 54954.2 of the Government
Code is amended to read:
   54954.2.  (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the
public and on the local agency's Internet Web site, if the local
agency has one. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for
disability-related modification or accommodation, including auxiliary
aids or services, may be made by a person with a disability who
requires a modification or accommodation in order to participate in
the public meeting.
   (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a legislative
body or its staff may briefly respond to statements made or questions
posed by persons exercising their public testimony rights under
Section 54954.3. In addition, on their own initiative or in response
to questions posed by the public, a member of a legislative body or
its staff may ask a question for clarification, make a brief
announcement, or make a brief report on his or her own activities.
Furthermore, a member of a legislative body, or the body itself,
subject to rules or procedures of the legislative body, may provide a
reference to staff or other resources for factual information,
request staff to report back to the body at a subsequent meeting
concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
   (b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda under
any of the conditions stated below. Prior to discussing any item
pursuant to this subdivision, the legislative body shall publicly
identify the item.
   (1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
   (2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
   (3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
   (c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
   (d) For purposes of subdivision (a), the requirement that the
agenda be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
   (1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
   (2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
   (e) (1) For purposes of the Internet posting requirements in
subdivision (a), if the local agency is unable to post the agenda on
the local agency's Internet Web site because of software or hardware
impairment beyond the local agency's reasonable control, these
circumstances shall not preclude the legislative body of the local
agency from conducting the meeting or taking action on items of
business, provided that the local agency has complied with all of the
following requirements:
   (A) The legislative body adheres to the requirements of
subdivision (a).
   (B) The legislative body makes a reasonable effort to restore
online posting capabilities.
   (C) The legislative body posts the agenda on the Internet Web site
immediately upon resolution of the technological problems.
   (D) The legislative body, or its designee, shall announce at the
beginning of the meeting the reason for the failure to post, or the
delay in posting, the agenda on the local agency's Internet Web site.

   (E) The legislative body, or its designee, attests to a written
statement from the local agency describing the reason for the failure
to post or the delay in posting the agenda on the local agency's
Internet Web site, and the statement is posted on the local agency's
Internet Web site without delay.
   (2) For purposes of this subdivision, "software or hardware
impairment beyond the local agency's reasonable control" means that
the local agency is unable to utilize the computer software,
hardware, or network services to post the agenda or agendas to the
local agency's Internet Web site due to inoperability of the
software, hardware, or network services caused by a malicious act,
introduction of a malicious program, including, but not limited to, a
computer virus, an electrical outage affecting the local agency's
computer network, or unanticipated system or equipment inoperability
or failure.  
  SEC. 2.    Section 54956 of the Government Code is
amended to read:
   54956.  (a) A special meeting may be called at any time by the
presiding officer of the legislative body of a local agency, or by a
majority of the members of the legislative body, by delivering
written notice to each member of the legislative body and to each
local newspaper of general circulation and radio or television
station requesting notice in writing and posting a notice on the
local agency's Internet Web site, if the local agency has one. The
notice shall be delivered personally or by any other means and shall
be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted or
discussed. No other business shall be considered at these meetings
by the legislative body. The written notice may be dispensed with as
to any member who at or prior to the time the meeting convenes files
with the clerk or secretary of the legislative body a written waiver
of notice. The waiver may be given by telegram. The written notice
may also be dispensed with as to any member who is actually present
at the meeting at the time it convenes.
   The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
   (b) Notwithstanding any other law, a legislative body shall not
call a special meeting regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits, of a local agency
executive, as defined in subdivision (d) of Section 3511.1. However,
this subdivision does not apply to a local agency calling a special
meeting to discuss the local agency's budget.
   (c) For purposes of subdivision (a), the requirement that the
notice be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
   (1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
   (2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
   (d) (1) For purposes of the Internet posting requirements in
subdivision (a), if the local agency is unable to post the notice on
the local agency's Internet Web site because of software or hardware
impairment beyond the local agency's reasonable control, these
circumstances shall not preclude a legislative body of the local
agency from conducting the meeting or taking action on items of
business, provided that the local agency has complied with all of the
following requirements:
   (A) The legislative body adheres to the requirements of
subdivision (a).
   (B) The legislative body makes a reasonable effort to restore
online posting capabilities.
   (C) The legislative body posts the notice on the Internet Web site
immediately upon resolution of the technological problems.
   (D) The legislative body, or its designee, shall announce at the
beginning of the meeting the reason for the failure to post, or the
delay in posting, the notice on the local agency's Internet Web site.

   (E) The legislative body, or its designee, attests to a written
statement from the local agency describing the reason for the failure
to post or the delay in posting the notice on the local agency's
Internet Web site, and the statement is posted on the local agency's
Internet Web site without delay.
   (2) For purposes of this subdivision, "software or hardware
impairment beyond the local agency's reasonable control" means that
the local agency is unable to utilize the computer software,
hardware, or network services to post the notice or notices to the
local agency's Internet Web site due to inoperability of the
software, hardware, or network services caused by a malicious act,
introduction of a malicious program, including, but not limited to, a
computer virus, an electrical outage affecting the local agency's
computer network, or unanticipated system or equipment inoperability
or failure.  
  SEC. 3.    The Legislature finds and declares that
Sections 1 and 2 of this act, which amend Sections 54954.2 and 54956
of the Government Code, impose a limitation on the public's right of
access to the meetings of public bodies or the writings of public
officials and agencies within the meaning of Section 3 of Article I
of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:
   If unavoidable technical malfunctions or malicious acts prevent
local agencies from carrying out the people's business, efficient
governance is impeded. Therefore, the health and safety of the people
of California are enhanced by giving governing bodies the authority
to conduct meetings without complying with Internet posting
requirements when that compliance is unavoidable due to circumstances
beyond the local agency's control.