Bill Text: CA SB1264 | 2021-2022 | Regular Session | Introduced

California Senate Bill 1264 (Prior Session Legislation)

Introduced

Bill Title: Property Assessed Clean Energy program: wildfire safety improvements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-02 - Referred to Com. on GOV. & F. [SB1264 Detail]

Download: California-2021-SB1264-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1264

Introduced by Senator Dahle

February 17, 2022

An act to amend Section 5899.4 of the Streets and Highways Code, relating to the Property Assessed Clean Energy program.

LEGISLATIVE COUNSEL'S DIGEST

SB 1264, as introduced, Dahle. Property Assessed Clean Energy program: wildfire safety improvements.

Existing law, known commonly as the Property Assessed Clean Energy (PACE) program, authorizes a public agency, by making specified findings, to authorize public agency officials and property owners to enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property.

Existing law authorizes a legislative body of any public agency, defined to mean a city, county, or city and county, that has accepted the designation of very high fire hazard severity zone to designate an area for voluntary contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to existing real property. Existing law requires a legislative body that wants to establish a voluntary contractual assessment program relating to wildfire safety improvements to make specified determinations by adopting a resolution as generally required by the PACE program.

This bill would instead authorize specified public agencies to enter into voluntary contractual assessments with property owners to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property, and would repeal the requirement that the improvement be fixed to existing real property. The bill would also repeal the requirement that the legislative body make specified determinations by adopting a resolution. The bill would provide that wildfire resiliency and safety improvements that contribute to the defensible space Zones 1 and 2 of a property, as specified, are wildfire safety improvements for purposes of those provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 5899.4 of the Streets and Highways Code is amended to read:

5899.4.

(a) (1) It is the intent of the Legislature to provide homeowners and businesses with an affordable way to finance improvements to their homes and buildings that make those facilities more resistant to wildfire by permitting voluntary individual efforts to improve the wildfire resilience and safety of those facilities. The Legislature further intends that this chapter should be used to finance the installation of wildfire safety improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property.

(2) The upfront cost of making residential, commercial, industrial, agricultural, or other real property more resistant to wildfire prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of wildfire safety improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of wildfire safety improvements.

(3) A public purpose will be served by a voluntary contractual assessment program that provides ~~the legislative body of~~ any public agency with the authority to finance the installation of wildfire safety improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property.

~~(b)For purposes of this section:~~
(1)For the purpose of financing the installation of wildfire safety improvements, “public agency” means a city, county, or city and county. The definition of “city” in Section 5005 shall not apply to this paragraph.
~~(2)“Wildfire~~

(b) As used in this section, “wildfire safety improvements” means permanent wildfire resilience and safety improvements fixed to ~~existing~~ residential, commercial, industrial, agricultural, or other real property. An improvement within the meaning of this paragraph means any of the components identified by the Department of Forestry and Fire Protection at www.readyforwildfire.org/Hardening-Your-Home/, as updated by the Department of Forestry and Fire Protection or at a subsequent ~~Internet Web site than~~ internet website, or wildfire resiliency and safety improvements that contribute to the defensible space Zones 1 and 2 of a property, as described by the Department of Forestry and Fire Protection at www.readyforwildfire.org, that can be fixed to ~~an existing A PACE~~ real property. A voluntary contractual assessment that finances a wildfire safety improvement shall not be eligible for a waiver of the requirements of paragraph (1) of subdivision (b) of Section 22687 of the Financial Code pursuant to subdivision (e) of Section 22687 of the Financial Code. In order to qualify under this paragraph, a wildfire safety improvement shall be fixed to an existing building or structure, and shall not be used as a part of a project to construct a new home or to rebuild or reconstruct a home that was destroyed or damaged in a fire.

(c) ~~The legislative body of any~~ Any public agency that has accepted the designation of Very High Fire Hazard Severity Zone pursuant to Section 51179 of the Government Code may designate an area, in the manner provided pursuant to Section 5898.20, within which authorized public agency officials and property owners established a voluntary contractual assessment program in accordance with Section 5898.20, 5899, or 5899.3, or a special tax described in Section 53328.1 of the Government Code, may enter into voluntary contractual assessments with property owners, or levy special taxes with the unanimous approval of the owner or owners of each parcel, as applicable, to finance the installation of wildfire safety improvements that are permanently fixed to real property pursuant to this chapter.

(d)For purposes of establishing a voluntary contractual assessment program relating to wildfire safety improvements, the legislative body shall make the determinations required pursuant to Section 5898.20 by adopting a resolution indicating its intention to do so. The resolution of intention shall identify the kinds of wildfire safety improvements that may be financed and shall include all of the information that is required pursuant to subdivision (b) of Section 5898.20, including, but not limited to, directing an appropriate public agency official to prepare a report pursuant to Section 5898.22.
~~(e)~~

(d) For purposes of the report required pursuant to Section 5898.22, relating to a voluntary contractual assessment program for wildfire safety improvements, the designated public agency official shall satisfy the requirements of paragraph (1) of subdivision (c) of Section 5898.22 by identifying the types of wildfire safety improvements that may be financed through the use of contractual assessments.

~~(f)~~

(e) Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of wildfire safety improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of wildfire safety improvements and to contract directly for the installation of wildfire safety improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property.

~~(g)~~

(f) It is the responsibility of the property owner to contact the property owner’s insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owner’s insurance plan and whether that improvement will impact the insurance rate.

~~(h)~~

(g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.