HomeMy WebLinkAboutStaff Report 3.E 01/26/20093.E
CITY OF PETALUMA, CALIFORNIA January 26, 2009
AGENDA BILL
Aeenda Title: Resolution Consenting to the Inclusion of Properties within Meetin:r Date: January 26, 2009
the City Limits of Petaluma into the County of Sonoma's Contractual
Assessment Program to Finance Distributed Generation Renewable Energy Meetine Time: ❑ 3:00 PM
Sources and Energy Efficient Improvements. ® 7:00 PM
Cateeory: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department: Director: Contact Person: Phone Number: 707-778-4345
City Manag, I John C. Brown John C. Brown
Cost of Proposal: n/a Name of Fund:
Amount Budeeted: Account Number:
Recommendation: It is recommended that the City Council take the following action: Adopt resolution
consenting to the inclusion of properties within the City of Petaluma's city limits in the County of Sonoma's
contractual assessment program to finance distributed generation renewable energy sources and energy efficiency
improvements.
Summary Statement: In July 2008, the Governor signed AB 811, giving all California cities and counties the
ability to finance programs for energy -efficiency projects and efficiency improvements such as insulation, dual -
pane windows, solar panels, and efficient heating and air equipment systems to homeowners. Property owners
would repay the loans through secured assessments on property tax bills. If they sell the property, the outstanding
loan balance is taken over by the new property owner.
In an effort to expedite and implement this program, the City must adopt the attached resolution prior to the
County Board of Supervisors establishing an Assessment District related to the financing and generation of
renewable energy sources. This will allow the City to opt into a countywide assessment program once the County
Auditor has completed the administrative and repayment procedures.
The Mayors' & Councilmembers' Association supported the adoption of the resolution in concept in order to
allow the cities to be part of the program. The County may still decide not to move forward with this program
once the feasibility report is completed. Assuming the program is feasible and is created, the City will need to
reach agreement on the administrative details, financing and approved technologies. Once this agreement is
reached with the County, the program could be implemented at that time.
Attachments to Aeenda Packet Item:
1. Resolution
2. County of Sonoma Draft Resolution
3. Assembly Bill 811
Reviewed by Finance Director:
. J(�2��20
Revryg Date Last Revised:
Reviewed by City Attornev:
Date:
File:
Approved -by -City Manaeer:
7r
Date: /-- ---' s
RESOLUTION OF THE CITY OF PETALUMA CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE CITY'S INCORPORATED AREA IN THE COUNTY OF
SONOMA'S CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE DISTRIBUTED
GENERATION RENEWABLE ENERGY SOURCES AND ENERGY EFFICIENCY
IMPROVEMENTS
WHEREAS, the City of Petaluma is committed to the development of renewable energy
sources and energy efficient improvements, reduction of greenhouse gases, protection of the
environment, and reversal of climate change; and
WHEREAS, in Chapter 29 of Part 3 of Division 7 of the California Streets and Highways
Code (the "Act"), the Legislature has authorized cities and counties to assist property owners in
financing the cost of installing distributed generation renewable energy sources or making
energy efficient improvements that are permanently fixed to their property (the "Improvements")
through a contractual assessment program; and
WHEREAS, the City of Petaluma wishes to provide practical solutions to its residents to
achieve energy efficiency and independence, and to cooperate with the County in order to
efficiently and economically assist all Sonoma County property owners in financing such
Improvements; and
WHEREAS, the Board of Supervisors has authority to establish a contractual assessment
program as permitted by the Act to assist property owners in financing the cost of installing
distributed generation renewable energy sources or making energy efficient improvements that
are permanently affixed to real property; and
WHEREAS, the County is conducting an analysis to determine the feasibility of this
program and to develop parameters for implementation and administration of the program; and
WHEREAS, the City of Petaluma wishes to participate with the County in the program, if
the County adopts a countywide assessment program, under the terms and conditions to be
agreed to by the City of Petaluma and the County; and
WHEREAS, the Petaluma City Council has reviewed the County's proposed Resolution
of Intention to establish the program entitled "Resolution of the Board of Supervisors Declaring
its Intention to Finance Distributed Generation Renewable Energy Sources and Energy
Efficiency Improvements Through the Use of Contractual Assessments".
NOW, THEREFORE, BE IT RESOLVED THAT the City of Petaluma supports the
County's ongoing feasibility analysis and development of an AB 811 contractual assessment
program, and before the program is extended to within Petaluma city limits, the City and County
shall strive to reach agreement addressing administrative issues, financing, and any other
conditions the City wishes to impose on participating properties in its jurisdiction; and
BE IT FURTHER RESOLVED that the City of Petaluma approves the proposed County
Resolution substantially in the form shown in Attachment 1 to the staff report accompanying this
City resolution; consents to inclusion in the Program of all properties in the incorporated area of
Petaluma; and authorizes the County, upon satisfaction of all conditions, to take every step
required for financing the Improvements, including the levying, collecting and enforcement of
the contractual assessments to finance the Improvements, and the issuance and enforcement of
bonds to represent such contractual assessments; and
BE IT FURTHER RESOLVED that the Clerk is directed to send a certified copy of this
resolution to the Clerk of the Board of Supervisors, and the City Manager is authorized to
coordinate with County staff to facilitate operation of the Program.
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Resolution No.
County Administration Bldg.
Santa Rosa, CA
Date:
RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SONOMA DECLARING
ITS INTENTON TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES AND ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE USE OF
CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC
HEARING THEREON
WHEREAS, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and
Highways Code (the "Act"), the Board of Supervisors proposes to establish a contractual
assessment program to assist property owners with the cost of installing distributed generation
renewable energy sources or making energy efficient improvements that are permanently fixed
to their property ("Program"); and
WHEREAS, in the opinion of this Board, property in the incorporated areas within the
County would be benefitted by including such properties in the Program, subject to the
approval/consent of the governing body of any incorporated town or city; and
WHEREAS, County is willing to extend the program into incorporated areas provided
that the governing body of any such area and County reach agreement on administrative issues
such as program administration, financing, approved technologies, and any conditions on
operation of the Program requested by City, prior to the Program being offered in such
jurisdiction;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Sonoma takes the following actions:
Section 1. The Board of Supervisors hereby finds and declares all of the following:
A. All of the above recitals are true and correct.
B. Energy conservation efforts, including the promotion of energy efficiency
improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of global climate change.
C. Energy efficiency improvements include improvements that promote water
efficiency. The California Energy Commission prepared a staff report in November 2005
regarding California's water -energy relationship. The report states:
"As California continues to struggle with its many critical energy supply and
infrastructure challenges, the state must identify and address the points of
highest stress. At the top of this list is California's water -energy relationship;
water -related energy use consumes 19 percent of the state's electricity, 30
percent of its natural gas, and 88 billion gallons of diesel fuel every year — and
this demand is growing.... [A] major portion of the solution is closer coordination
between the water and energy sectors.... The state can meet energy and
demand reduction goals ... by simply recognizing the value of the energy saved
for each unit of water saved."
The direct relationship between water use and energy use means that improvements to
residential, commercial, industrial, or other real property which promote water efficiency result in
energy efficiency.
D. The upfront cost of making residential, commercial, industrial, or other real
property more energy efficient prevents many property owners from making those
improvements. To make those improvements more affordable and to promote the installation of
those improvements, the Legislature has authorized an alternative procedure pursuant to the
Act for authorizing assessments to finance the cost of energy efficiency improvements.
E. A public purpose will be served by a contractual assessment program whereby
the Board of Supervisors is authorized to finance the installation of distributed generation
renewable energy sources and energy efficiency improvements that are permanently fixed to
residential commercial, industrial, or other real property.
F. Property located in incorporated areas within the County will benefit from
inclusion in the program; and, subject to the approval/consent of the governing body of any
incorporated town or city, including such property in the Program will serve the public purpose of
promoting conservation efforts and addressing the issue of global climate change.
Section 2. The Board of Supervisors hereby determines that it would be convenient,
advantageous and in the public interest to designate the entire County, unincorporated and
incorporated as an area within which authorized County officials and property owners may enter
into contractual assessments pursuant to the Act to finance the installation of distributed
generation renewable energy sources or energy efficiency improvements that are permanently
fixed to real property.
Section 3. The Board of Supervisors hereby declares that the proposed distributed
generation renewable energy sources and energy efficiency improvements are of such a
character that they directly and peculiarly affect property in both the unincorporated and
incorporated areas within the County and that the purposes sought to be accomplished by such
improvements can best be accomplished by a single, comprehensive program. Therefore, the
County proposes to make contractual assessment financing available to the owners of property
in the County, unincorporated and incorporated, to finance the installation of distributed
generation renewable energy sources or energy efficiency improvements that are permanently
fixed to real property. The County will do so via a phased approach to allow for the thoughtful
development of the best management and administration structure to support this effort.
Section 4. The County Administrator (the "Authorized Officer'), or designee, shall
prepare or direct the preparation of, as part of the report required in Section 8 of this Resolution,
and update, as the Authorized Officer deems necessary, a list of the distributed generation
renewable energy sources or energy efficiency improvements that may be financed through the
County's contractual assessment financing program. The types of distributed generation
renewable energy sources or energy efficiency improvements eligible for financing through
contractual assessments may include, but are not limited to: high efficiency air conditioning and
ventilation systems, high performance windows, high efficiency and tankless water heating
equipment, photovoltaic and thermal solar energy systems, cool roof systems, geothermal
exchange heat pumps, zoning control and energy management control systems, high efficiency
irrigation pumps and controls, natural gas fuel cells, wind and geothermal energy systems, and
wall, ceiling and roof insulation upgrades.
Section 5. The area within which contractual assessments may be entered into
pursuant to the Act is all land within the defined boundaries of the County.
Section 6. No contractual assessment will be levied on a parcel situated within an
incorporated area and no contractual assessment agreement will be entered into with the
owner(s) of any such parcel unless and until (1) the legislative body of the respective town or
city has, prior to the adoption of this resolution of intention, adopted a resolution consenting to
inclusion of parcels within the town or city in the contractual assessment program and
authorizing the County to levy assessments, to impose the contractual assessment liens and to
finance the eligible improvement on such parcels; and (2) the legislative body of such city or
town has entered into an agreement with the County addressing issues such as program
administration, financing, approved technologies, and any conditions the city or town wishes to
impose on participating properties in its jurisdiction.
Section 7. The proposed arrangements for financing the contractual assessment
financing program are briefly described as follows: The County may issue bonds, notes, receive
lines of credit, and enter into other financing instruments or relationships pursuant to the Act, the
principal and interest of which would be repaid by contractual assessments. Alternatively or in
the interim, the County, may advance its own funds to finance work, or enter into agreements
with other public entities, including but not limited to the towns and cities within the County and
the Sonoma County Water Agency, to advance their funds to the County to finance work. Such
advances shall be repaid through contractual assessments and the County may sell bonds or
other forms of indebtedness to reimburse such advances. The proposed financing
arrangements may include the lease -purchase of public facilities pursuant to a lease or other
contractual arrangement with a public financing authority or non profit entity or other financing
elements as may be determined necessary or useful to the financing of the contractual
assessment program.
In the event improvement bonds will be issued pursuant to Streets and Highways Code Section
5898.28 to represent assessments, all of the following will apply to the extent not in conflict with
the Act:
(a) Provision is hereby made for the issuance of improvement bonds, in one
or more series;
(b) Notice is hereby given that serial bonds or term bonds or both to
represent unpaid assessments, and to bear interest at the rate of not to
exceed 12 percent per year, or such other amount authorized by law,
payable semiannually, shall be issued hereunder in one or more series in
the manner provided by the Division 10 (to the extent not in conflict with
the Act), and the last installment of bonds shall mature a maximum of 39
years from the second day of September next succeeding 12 months
from their date.
(c) The County hereby determines and declares that the County may
obligate itself to advance available funds from the County treasury to cure
any deficiency which may occur in the bond redemption fund.
(d) The County hereby determines that the principal amount of bonds
maturing or becoming subject to mandatory prior redemption each year
shall be other than an amount equal to an even annual proportion of the
aggregate principal amount of the bonds, and the amount of principal
maturing or becoming subject to mandatory prior redemption in each year
plus the amount of interest payable in that year shall be an aggregate
amount that is substantially equal each year, except for the moneys
falling due on the first maturity or mandatory prior redemption date of the
bonds which shall be adjusted to reflect the amount of interest earned
from the date when the bonds bear interest to the date when the first
interest is payable on the bonds.
(e) With respect to the procedures for collection of assessments and the
advance retirement of bonds, the County proposes to proceed under the
provisions of Part 11.1 of Division 10 (commencing with Section 8760 of
the Streets and Highways Code).
Section 8. The Board of Supervisors hereby directs the Authorized Officer to
prepare, or direct the preparation of, and file with the Board of Supervisors a report pursuant to
Section 5898.22 of the California Streets and Highways Code at or before the time of the public
hearing described in Section 8 hereof (the "Report"). The Report shall contain all of the
following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered.
(b) A draft contract specifying the terms and conditions that would be agreed
to by a property owner within the contractual assessment area and the
County.
(c) A statement of County policies concerning contractual assessments
including all of the following:
(i) Identification of types of facilities, distributed generation
renewable energy sources, or energy efficiency improvements
that may be financed through the use of contractual
assessments;
(it) Identification of a County official authorized to enter into
contractual assessments on behalf of the County,
(iii) A maximum aggregate dollar amount of contractual
assessments; and
(iv) A method for setting requests from property owners for
financing through contractual assessments in priority order in
the event that requests appear likely to exceed the
authorization amount.
(v) Parameters for extending the Program into incorporated areas.
.I
(d) A plan for raising a capital amount required to pay for work performed
pursuant to contractual assessments. The plan may include amounts to
be advanced by the County through funds available to it from any source.
The plan may include the sale of a bond or bonds or other financing
relationship pursuant to Streets and Highways Code Section 5898.28.
The plan shall include a statement of or method for determining the
interest rate and time period during which contracting property owners
would pay any assessment. The plan shall provide for any reserve fund
or funds. The plan shall provide for the apportionment of all or any
portion of the costs incidental to financing, administration, and collection
of the contractual assessment program among the consenting property
owners and the County.
Section 9. The Board of Supervisors hereby calls a public hearing to be held on
2008 or as soon thereafter as feasible, in the Board of Supervisors Chambers,
575 Administration Drive, Santa Rosa, California, on the proposed Report and the contractual
assessment financing program. At the public hearing all interested persons may appear and
hear and be heard and object to or inquire about the proposed contractual assessment
financing program or any of its particulars.
Section 10. The Clerk of the Board is hereby directed to provide notice of the public
hearing by publishing this Resolution once a week for two weeks, pursuant to Section 6066 of
the California Government Code, in the Press Democrat and the first publication shall not occur
later than 20 days before the date of such hearing.
Section 11. The assessments levied pursuant to the Act, and the interest and any
penalties thereon, shall constitute a lien against the lots and parcels of land on which they are
made, until they are paid. The assessments shall be collected in the same manner and at the
same time as the general taxes of the County on real property are payable and shall be subject
to the same penalties, remedies and lien priorities in the event of delinquency and default. As a
cumulative remedy, if any assessment or installment thereof, or of any interest thereon, together
with any penalties, costs, fees and other accrued charges are not paid when due, the Board of
Supervisors may order that the same be collected by an action brought in superior court to
foreclose the lien thereof as provided in Division 10 of the California Streets and Highways
Code.
Section 12. The Board of Supervisors hereby directs the Authorized Officer to enter
into consultations with the County's Auditor -Controller's office in order to reach agreement on
what additional fees, if any, will be charged for incorporating the proposed contractual
assessments on the tax roll.
SUPERVISORS:
BROWN
Ayes Noes
Clerk of the Board
SMITH REILLY KELLEY KERNS
Absent Abstain
SO ORDERED.
I
Assembly Bill No. 811
CHAPTER 159
An act to amend Sections 5898.12, 5898.20, 5898.22, and 5898.30 of,
and to add Sections 5898.14 and 5898.21 to, the Streets and Highways Code,
relating to contractual assessments, and declaring the urgency thereof; to
take effect immediately.
[Approved by Governor July 21, 2008. Filed with
Secretary of State July 21, 2008.1
LEGISLATIVE COU]!ISEL'S OIGBST
AB 811, Levine. Contractual assessments: energy efficiency
improvements.
Existing late authorizes the legislative body of any city, as defined, to
determine that it would be convenient and advantageous to designate an
area within which authorized city officials and free and willing property
owners may enter into contractual assessments and make arrangements to
finance public improvements to specified lots or parcels under -certain
circumstances. Existing law requires the legislative body to make these
determinations by adopting a resolution indicating its intention to do so and
requires the resolution to include certain information, including, but not
limited to, identification of the kinds of public works that may be financed,
a description of the boundaries of the area within which contractual
assessments may be entered into, and a description of the proposed
arrangements for financing the program. Existing law also directs an
appropriate city official to prepare a report to include, among other things,
the terms and conditions that would be agreed to by a property owner within
the contractual assessment area and the city and identification of the types
of facilities that may be financed through the use of contractual assessments.
This bill would additionally authorize a legislative body of any city, as
defined, to determine that it would be in the public interest to designate an
area within which authorized city officials and free and willing property
owners may enter into contractual assessments to finance the installation
of distributed generation renewable energy sources or energy efficiency
improvements that are permanently fixed to real property, as specified. The
bill would require the resolution of intention to include, among other things,
the kinds of distributed generation renewable energy sources or energy
efficiency improvements that may be financed as well as a statement
specifying that it is in the public interest to finance those distributed
generation renewable energy sources or energy efficiency improvements.
The bill would further require the report to include, among other things, the
types of distributed generation renewable energy sources or energy efficiency
improvements that may be financed through the use of contractual
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Ch. 159 —2—
assessments.
2—
assessments. The bill would authorize a property owner, upon written consent
of an authorized city official, to purchase directly the related equipment and
materials for the installation of distributed generation renewable energy
sources or energy efficiency improvements and to contract directly for the
installation of those sources or improvements. The bill would make findings
and a declaration in this regard-
This
egardThis bill would declare that it is to take effect immediately as an urgency
statute.
The people of the State of California do enact as follows:
SECTION 1, Section 5898.12 of the Streets and Highways Code is
amended to read:
5898.12. (a) It is the intent of the Legislature that this chapter should
be used to finance public improvements to lots or parcels which are
developed and where the costs and time delays involved in creating an
assessment disttietpursuant to otherprovisions of this division or any other
law would be prohibitively large relative to the cost of the public
improvements to be financed.
(b) It is also the intent of the Legislature that this chapter should be used
to finance the installation of distributed generation renewable energy sources
or energy efficiency improvements that are permanently fixed to residential,
commercial, industrial, or other real property.
(c) This chapter shall not be used to finance facilities for parcels which
are undergoing development.
(d) Tbis chapter shall not be used to finance the purchase or installation
of appliances that are not permanently fixed to residential, commercial,
industrial, or other real property.
(e) Assessments maybe levied pursuant to this chapter only with the free
and willing consent of the owner of each lot or parcel on which an
assessment is levied at the time the assessment is levied.
SEC. 2. Section 5898.14 is added to the Streets and Highways Code, to
read:
5898.14. (a) The Legislature finds all of the following:
(1) Energy conservation efforts, including the promotion or energy
efficiency improvements to residential, commercial, industrial, or other real
property are necessary to address the issue of global climate, change.
(2) The upfront cost of making residential, commercial, industrial, or
other real property more energy efficient prevents many property owners
from making those improvements. To make those improvements more
affordable and to promote the installation of those improvements, it is
necessary to authorize an alternative procedure for authorizing assessments
to finance the cost of energy efficiency improvements,
(b) The Legislature declares that a public purpose will be served by a
contractual assessment program that provides the legislative body of any
city with the authority to finance the installation of distributed generation
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renewable energy sources and energy efficiency improvements that are
permanently fixed to residential, commercial, industrial, or other real
property.
SEC. 3. Section 5898.20 of the Streets and I-Iighways Code is amended
to read:
5898.20. (a) (1) The legislative body of any city may determine that it
would be convenient and advantageous to designate an area within the city,
which may encompass the entire city or a lesser portion, within which
authorized city officials and property owners may enter into contractual
assessments for public improvements and to make financing arrangements
pursuant to this chapter.
(2) The legislative body of any city may also determine that it would be
convenient, advantageous, and in the public interest to designate an area
within the city, which may encompass the entire city or a lesser portion,
within which authorized city officials and property owners may enter into
contractual assessments to finance the installation of distributed generation
renewable energy sources or energy efficiency improvements that are
permanently fixed to real property pursuant to this chapter.
(b) The legislative body shall make these determinations by adopting a
resolution indicating its intention to do so. The resolution of intention shall
include a statement that the city proposes to make contractual assessment
financing available to property owners, shall identify the kinds of public
works, distributed generation renewable energy sources, or energy efficiency
improvements that may be financed, shall describe the boundaries of the
area within which contractual assessments may be entered into, and shall
briefly describe the proposed arrangements for financing the program. The
resolution of intention shall state that it is in the public interest to finance
the installation of distributed generationrenewable energy sources or energy
efficiency improvements, or both, pursuant to paragraph (2) of subdivision
(a), if applicable. The resolution shall state that a public hearing should be
held at which interestedpersons may abject to or inquire about the proposed
program or any of its particulars, and shall state the time and place of the
hearing. The resolution shall direct an appropriate city official to prepare a
report pursuant to Section 5898.22 and to enter into consultations with the
county auditor's office or county controller's office in order to reach
agreement on what additional fees, if any, will be charged to the city or
county for incorporating the proposed contractual assessments into the
assessments of the general taxes of the city or county on real property.
(c) As used in this chapter, each of the following terms has the following
meaning:
(1) Notwithstanding Section 5005, "city" means a city, county, or city
and county.
(2) "Legislative body" has the same meaning as defined in Section 5006.
SEC. 4. Section 5898.21 is added to the Streets and Highways Cade, to
read:
5898.21. Notwithstanding any other provision of this chapter, upon the
written consent of an authorized city official, the proposed arrangements
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Ch. 159 —4—
for
4—
for financing the program pertaining to the installation of distributed
generation renewable energy sources or energy efficiency 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 distributed generation renewable energy sources or energy efficiency
improvements and to contract directly for the installation of distributed
generation renewable energy sources or energy efficiency improvements
that are permanently fixed to the property owner's residential, commercial,
industrial, or other real property.
SEC. 5. Section 5898.22 of the Streets and Highways Code is amended
to read:
5898.22. The report shall contain all of the following:
(a) A map showing the boundaries of the territory within which
contractual assessments are proposed to be offered.
(b) A draft contract specifying the terms and conditions that would be
agreed to by a property owner within the contractual assessment area and
the city.
(c) A statement of city policies concerning contractual assessments
including all of the following:
(1) Identification of types of facilities, distributed generation renewable
energy sources, or energy efficiency improvements that may be financed
through the use of contractual assessments.
(2) Identification of a city official authorized to enter into contractual
assessments on behalf of the city.
(3) A maximum aggregate dollar amount of contractual assessments.
(4) A method for setting requests from property owners for financing
through contractual assessments in priority order in the event that requests
appear likely to exceed the authorization amount.
(d) Aplan for raising acapital amountrequiredtopay for workperformed
pursuant to contractual assessments. The plan may include amounts to be
advanced by the city through funds available to it from any source. The plan
may include the sale of a bond or bonds or other financing relationship
pursuant to Section 5898.28. The plan shall include a statement of or method
for determining the interest rate and time period during which contracting
property owners would pay any assessment. The plan shall provide for any
reserve fund or funds. The plan shall provide for the apportionment of all
or any portion of the costs incidental to financing, administration, and
collection of the contractual assessment program among the consenting
property owners and the city.
(e) A report on the results of the consultations with the county auditor's
office or county controller's office concerning the additional fees, if any,
that will be charged to the city or county for incorporating the proposed
contractual assessments into the assessments of the general taxes of the city
or county on real property, and a plan for financing the payment of those
fees.
SEC. 6. Section 5898.30 of the Streets and Highways Code is amended
to read:
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iy
-5— Ch. 159
5898.30. Assessments levied pursuant to this chapter, and the interest
and any penalties thereon shall constitute a lien against the lots and parcels
of land on which they are made, until they are paid. Division 10
(commencing with Section 8500) applies to the levy and collection of
assessments levied pursuant to this chapter, insofar as those provisions are
not in conflict with the provisions of this chapter, including, but not limited
to, the collection of assessments in the same manner and at the same time
as the general taxes of the city on real property are payable and any penalties
and remedies and lien priorities in the event of delinquency and default.
SEC. 7. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the meaning of
Article N of the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order for legislative bodies of cities and free and willing property
owners to enter into contractual assessments to finance the installation of
distributed generation renewable energy sources or energy efficiency
improvements and for the state to begin to experience the effects of these
contractual assessments, such as saving millions of kilawatthours, as early
as this summer when usage is the highest, it is necessary that this act take
effect immediately.
A
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