Bill Text: CA AB2258 | 2021-2022 | Regular Session | Amended
Bill Title: Local government: wildfire safety improvements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-25 - In committee: Hearing postponed by committee. [AB2258 Detail]
Download: California-2021-AB2258-Amended.html
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Amended
IN
Assembly
April 21, 2022 |
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Amended
IN
Assembly
March 30, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2258
| Introduced by Assembly Member Wood |
February 16, 2022 |
An act to amend Section 5899.4 of the Streets and Highways Code, relating to the Property Assessed Clean Energy program. local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2258, as amended, Wood.
Property Assessed Clean Energy program: Local government: 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, 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.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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
resilience and safety improvements that contribute to the defensible space Zones Zone 1 and 2 of a property, as described may be identified by the Department of Forestry and Fire Protection at www.readyforwildfire.org, www.readyforwildfire.org from time to time, that can be
permanently fixed to existing real property. A Property Assessed Clean Energy (PACE) As used in this section, a wildfire safety improvement that contributes to defensible space shall not include vegetation management, brush clearing, or other improvements that are temporary in nature unless they are necessary as part of the installation or acquisition of another permanent wildfire safety improvement. A voluntary contractual assessment that finances a wildfire safety improvement shall not be eligible for a waiver of the requirements of paragraph (1) of subdivision (b) of Section 22687 of the Financial Code pursuant to subdivision (e) of Section 22687
of the Financial Code. In order to qualify under this paragraph, a wildfire safety improvement shall be permanently 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. For purposes of this section, the legislative body of a public agency may do either of the following with respect to wildfire safety improvements:
(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.
(2) The legislative body of a public agency may designate an area reasonably determined to be within a very high or high fire hazard severity zone identified pursuant to Section 51178 of the Government Code, in the manner provided pursuant to Section 5898.20, within which authorized public agency officials and property owners 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) (1) A voluntary contractual assessment for wildfire safety improvements entered into pursuant to this section shall not be used to rebuild or reconstruct property that was destroyed or damaged in a fire.
(2) A voluntary contractual assessment for wildfire safety improvements entered into pursuant to this section may 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.
(d)
(e) For purposes of establishing a voluntary contractual assessment program relating to wildfire safety improvements, the legislative body shall make the determinations required pursuant to Section 5898.20 by adopting a resolution indicating its intention to do so. The resolution of intention shall identify the kinds of wildfire safety improvements that may be financed and shall include all of the information that is required pursuant to subdivision (b) of Section 5898.20, including, but not limited to, directing an appropriate public agency official to prepare a report pursuant to Section 5898.22.
(e)
(f) For purposes of the report required pursuant to Section 5898.22, relating to a voluntary contractual assessment program for wildfire safety improvements, the designated public agency official shall satisfy the requirements of paragraph (1) of subdivision (c) of Section 5898.22 by identifying the types of wildfire safety improvements that may be financed through the use of contractual assessments.
(f)
(g) Notwithstanding any other provision of
this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of wildfire safety improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of wildfire safety improvements and to contract directly for the installation of wildfire safety improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property.
(g)
(h) It is
the responsibility of the property owner to contact the property owner’s insurance provider to determine whether the wildfire safety improvement to be financed by the PACE voluntary contractual assessment is covered by the property owner’s insurance plan and whether that improvement will impact the insurance rate.
(h)
(i) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
