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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 30, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2258Introduced by Assembly Member WoodFebruary 16, 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 DIGESTAB 2258, as amended, Wood. 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 also 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 contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property.This bill would instead authorize a public agency that has established a PACE program, as specified, 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 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. Existing law also 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 repeal that requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
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| 3 | + | Amended IN Assembly March 30, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2258Introduced by Assembly Member WoodFebruary 16, 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 DIGESTAB 2258, as amended, Wood. 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 also 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 contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property.This bill would instead authorize a public agency that has established a PACE program, as specified, 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 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. Existing law also 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 repeal that requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 30, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 21, 2022 | |
| 8 | 7 | Amended IN Assembly March 30, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2258 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member WoodFebruary 16, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Wood | |
| 19 | 18 | February 16, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 5899.4 of the Streets and Highways Code, relating to the Property Assessed Clean Energy program. | |
| 20 | + | An act to amend Section 5899.4 of the Streets and Highways Code, relating to the Property Assessed Clean Energy program. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2258, as amended, Wood. Property Assessed Clean Energy program: | |
| 26 | + | AB 2258, as amended, Wood. Property Assessed Clean Energy program: wildfire safety improvements. | |
| 28 | 27 | ||
| 29 | - | 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. | |
| 28 | + | 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 also 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 contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property.This bill would instead authorize a public agency that has established a PACE program, as specified, 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 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. Existing law also 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 repeal that requirement. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 32 | + | Existing law also 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 contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property. | |
| 33 | + | ||
| 34 | + | This bill would instead authorize a public agency that has established a PACE program, as specified, 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 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. | |
| 35 | + | ||
| 36 | + | Existing law also 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. | |
| 33 | 37 | ||
| 34 | 38 | ||
| 35 | - | Existing law, the Improvement Act of 1911, authorizes a public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within which public agency officials and individual property owners may enter into voluntary contractual assessments to finance the installation of specified improvements that are permanently fixed to those owners real property, as specified. Existing law also 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 contractual assessments to finance the installation of wildfire safety improvements, as defined, that are permanently fixed to real property. | |
| 36 | 39 | ||
| 37 | - | This bill would instead authorize a public agency that has established a PACE program, as specified, 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 expand this authority to public agencies in areas of the state that have been reasonably designated as very high or high fire hazard severity zones by the State Fire Marshal, as specified. The bill would also remove the requirement that wildfire safety improvements be made to existing real property and would authorize a voluntary contractual assessment for wildfire safety improvements to be used to acquire or construct wildfire safety improvements in connection with the rebuilding or reconstruction of property if the wildfire safety improvements are in addition to or an improvement to, and were not part of, the property as it existed immediately prior to the destruction or damage to the property by fire. The bill, except as specified, would also provide that wildfire resiliency and safety improvements that contribute to the defensible space Zones Zone 1 and 2 of a property, as specified, are wildfire safety improvements for purposes of those provisions. | |
| 40 | + | This bill would repeal that requirement. | |
| 41 | + | ||
| 42 | + | ||
| 38 | 43 | ||
| 39 | 44 | ## Digest Key | |
| 40 | 45 | ||
| 41 | 46 | ## Bill Text | |
| 42 | 47 | ||
| 43 | - | 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 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 website, or wildfire resiliency | |
| 48 | + | 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 44 | 49 | ||
| 45 | 50 | The people of the State of California do enact as follows: | |
| 46 | 51 | ||
| 47 | 52 | ## The people of the State of California do enact as follows: | |
| 48 | 53 | ||
| 49 | - | 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 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 website, or wildfire resiliency | |
| 54 | + | 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 50 | 55 | ||
| 51 | 56 | SECTION 1. Section 5899.4 of the Streets and Highways Code is amended to read: | |
| 52 | 57 | ||
| 53 | 58 | ### SECTION 1. | |
| 54 | 59 | ||
| 55 | - | 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 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 website, or wildfire resiliency | |
| 60 | + | 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 56 | 61 | ||
| 57 | - | 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 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 website, or wildfire resiliency | |
| 62 | + | 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 58 | 63 | ||
| 59 | - | 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 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 website, or wildfire resiliency | |
| 64 | + | 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. (b)As used in this section, wildfire(2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property.(c) Any public agency that has established a PACE 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 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. (d)(e) 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.(e)(f) 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 owners residential, commercial, industrial, agricultural, or other real property.(f)(g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate.(g)(h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 60 | 65 | ||
| 61 | 66 | ||
| 62 | 67 | ||
| 63 | 68 | 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. | |
| 64 | 69 | ||
| 65 | 70 | (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. | |
| 66 | 71 | ||
| 67 | 72 | (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. | |
| 68 | 73 | ||
| 69 | 74 | (b) For purposes of this section: | |
| 70 | 75 | ||
| 71 | 76 | (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. | |
| 72 | 77 | ||
| 73 | - | ( | |
| 78 | + | (b)As used in this section, wildfire | |
| 74 | 79 | ||
| 75 | - | (c) Any public agency that has established a PACE 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 to finance the installation of wildfire safety improvements that are permanently fixed to real property pursuant to this chapter. For purposes of this section, the legislative body of a public agency may do either of the following with respect to wildfire safety improvements: | |
| 76 | 80 | ||
| 77 | - | (1) The legislative body of a 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 may enter into voluntary contractual assessments to finance the installation of wildfire safety improvements that are permanently fixed to real property pursuant to this chapter. | |
| 78 | 81 | ||
| 79 | - | (2) | |
| 82 | + | (2) 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 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 existing real property. A Property Assessed Clean Energy (PACE) 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 existing real property. | |
| 80 | 83 | ||
| 81 | - | ( | |
| 84 | + | (c) Any public agency that has established a PACE 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 to finance the installation of wildfire safety improvements that are permanently fixed to real property pursuant to this chapter. | |
| 82 | 85 | ||
| 83 | - | ( | |
| 86 | + | (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. | |
| 84 | 87 | ||
| 85 | 88 | (d) | |
| 86 | 89 | ||
| 87 | 90 | ||
| 88 | 91 | ||
| 89 | - | (e) For purposes of | |
| 92 | + | (e) 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. | |
| 90 | 93 | ||
| 91 | 94 | (e) | |
| 92 | 95 | ||
| 93 | 96 | ||
| 94 | 97 | ||
| 95 | - | (f) | |
| 98 | + | (f) 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 owners residential, commercial, industrial, agricultural, or other real property. | |
| 96 | 99 | ||
| 97 | 100 | (f) | |
| 98 | 101 | ||
| 99 | 102 | ||
| 100 | 103 | ||
| 101 | - | (g) | |
| 104 | + | (g) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate. | |
| 102 | 105 | ||
| 103 | 106 | (g) | |
| 104 | 107 | ||
| 105 | 108 | ||
| 106 | 109 | ||
| 107 | - | (h) It is the responsibility of the property owner to contact the property owners insurance provider to determine whether the wildfire safety improvement to be financed by the PACE voluntary contractual assessment is covered by the property owners insurance plan and whether that improvement will impact the insurance rate. | |
| 108 | - | ||
| 109 | - | (h) | |
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | (i) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. | |
| 110 | + | (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |