State Codes and Statutes

Statutes > California > Shc > 5898.10-5898.15

STREETS AND HIGHWAYS CODE
SECTION 5898.10-5898.15



5898.10.  This chapter provides an alternative procedure for
authorizing assessments to finance any work which may be done
pursuant to this division. The terms and definitions of this division
apply to this chapter, except as otherwise provided. The Special
Assessment Investigation, Limitation, and Majority Protest Act of
1931 (Division 4 (commencing with Section 2800)) does not apply to
any proceedings taken under this chapter.



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 district pursuant to other provisions 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,
agricultural, or other real property.
   (c) It is also the intent of the Legislature to address chronic
water needs throughout California by permitting voluntary individual
efforts to improve water efficiency. The Legislature further intends
that this chapter should be used to finance the installation of water
efficiency improvements that are permanently fixed to residential,
commercial, industrial, agricultural, or other real property,
including, but not limited to, recycled water connections, synthetic
turf, cisterns for stormwater recovery, and permeable pavement.
   (d) It is also the intent of the Legislature that a public agency
in the process of establishing an assessment program, to the extent
feasible, use a good faith effort to provide advance notice of the
proposed program to water and electric service providers in the
relevant service area, as set forth in Section 5898.24, to allow the
most efficient coordination and collaboration between the public
agency and water and electric service providers.
   (e) This chapter shall not be used to finance facilities for
parcels which are undergoing development.
   (f) This chapter shall not be used to finance the purchase or
installation of appliances that are not permanently fixed to
residential, commercial, industrial, agricultural, or other real
property.
   (g) Assessments may be 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.




5898.14.  (a) The Legislature finds all of the following:
   (1) Energy and water conservation efforts, including the promotion
of energy efficiency improvements to residential, commercial,
industrial, agricultural, or other real property are necessary to
address the issue of global climate change.
   (2) The upfront cost of making residential, commercial,
industrial, agricultural, or other real property more energy and
water 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 and water efficiency improvements.
   (b) The Legislature declares that 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 distributed generation renewable energy sources
and energy or water efficiency improvements that are permanently
fixed to residential, commercial, industrial, agricultural, or other
real property.



5898.15.  (a) A public agency shall not permit a property owner to
participate in any program established pursuant to this chapter if
the owner's participation would result in the total amount of any
annual property taxes and assessments exceeding 5 percent of the
property's market value, as determined at the time of approval of the
owner's contractual assessment.
   (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.


5898.15.  (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.


State Codes and Statutes

Statutes > California > Shc > 5898.10-5898.15

STREETS AND HIGHWAYS CODE
SECTION 5898.10-5898.15



5898.10.  This chapter provides an alternative procedure for
authorizing assessments to finance any work which may be done
pursuant to this division. The terms and definitions of this division
apply to this chapter, except as otherwise provided. The Special
Assessment Investigation, Limitation, and Majority Protest Act of
1931 (Division 4 (commencing with Section 2800)) does not apply to
any proceedings taken under this chapter.



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 district pursuant to other provisions 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,
agricultural, or other real property.
   (c) It is also the intent of the Legislature to address chronic
water needs throughout California by permitting voluntary individual
efforts to improve water efficiency. The Legislature further intends
that this chapter should be used to finance the installation of water
efficiency improvements that are permanently fixed to residential,
commercial, industrial, agricultural, or other real property,
including, but not limited to, recycled water connections, synthetic
turf, cisterns for stormwater recovery, and permeable pavement.
   (d) It is also the intent of the Legislature that a public agency
in the process of establishing an assessment program, to the extent
feasible, use a good faith effort to provide advance notice of the
proposed program to water and electric service providers in the
relevant service area, as set forth in Section 5898.24, to allow the
most efficient coordination and collaboration between the public
agency and water and electric service providers.
   (e) This chapter shall not be used to finance facilities for
parcels which are undergoing development.
   (f) This chapter shall not be used to finance the purchase or
installation of appliances that are not permanently fixed to
residential, commercial, industrial, agricultural, or other real
property.
   (g) Assessments may be 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.




5898.14.  (a) The Legislature finds all of the following:
   (1) Energy and water conservation efforts, including the promotion
of energy efficiency improvements to residential, commercial,
industrial, agricultural, or other real property are necessary to
address the issue of global climate change.
   (2) The upfront cost of making residential, commercial,
industrial, agricultural, or other real property more energy and
water 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 and water efficiency improvements.
   (b) The Legislature declares that 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 distributed generation renewable energy sources
and energy or water efficiency improvements that are permanently
fixed to residential, commercial, industrial, agricultural, or other
real property.



5898.15.  (a) A public agency shall not permit a property owner to
participate in any program established pursuant to this chapter if
the owner's participation would result in the total amount of any
annual property taxes and assessments exceeding 5 percent of the
property's market value, as determined at the time of approval of the
owner's contractual assessment.
   (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.


5898.15.  (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 5898.10-5898.15

STREETS AND HIGHWAYS CODE
SECTION 5898.10-5898.15



5898.10.  This chapter provides an alternative procedure for
authorizing assessments to finance any work which may be done
pursuant to this division. The terms and definitions of this division
apply to this chapter, except as otherwise provided. The Special
Assessment Investigation, Limitation, and Majority Protest Act of
1931 (Division 4 (commencing with Section 2800)) does not apply to
any proceedings taken under this chapter.



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 district pursuant to other provisions 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,
agricultural, or other real property.
   (c) It is also the intent of the Legislature to address chronic
water needs throughout California by permitting voluntary individual
efforts to improve water efficiency. The Legislature further intends
that this chapter should be used to finance the installation of water
efficiency improvements that are permanently fixed to residential,
commercial, industrial, agricultural, or other real property,
including, but not limited to, recycled water connections, synthetic
turf, cisterns for stormwater recovery, and permeable pavement.
   (d) It is also the intent of the Legislature that a public agency
in the process of establishing an assessment program, to the extent
feasible, use a good faith effort to provide advance notice of the
proposed program to water and electric service providers in the
relevant service area, as set forth in Section 5898.24, to allow the
most efficient coordination and collaboration between the public
agency and water and electric service providers.
   (e) This chapter shall not be used to finance facilities for
parcels which are undergoing development.
   (f) This chapter shall not be used to finance the purchase or
installation of appliances that are not permanently fixed to
residential, commercial, industrial, agricultural, or other real
property.
   (g) Assessments may be 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.




5898.14.  (a) The Legislature finds all of the following:
   (1) Energy and water conservation efforts, including the promotion
of energy efficiency improvements to residential, commercial,
industrial, agricultural, or other real property are necessary to
address the issue of global climate change.
   (2) The upfront cost of making residential, commercial,
industrial, agricultural, or other real property more energy and
water 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 and water efficiency improvements.
   (b) The Legislature declares that 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 distributed generation renewable energy sources
and energy or water efficiency improvements that are permanently
fixed to residential, commercial, industrial, agricultural, or other
real property.



5898.15.  (a) A public agency shall not permit a property owner to
participate in any program established pursuant to this chapter if
the owner's participation would result in the total amount of any
annual property taxes and assessments exceeding 5 percent of the
property's market value, as determined at the time of approval of the
owner's contractual assessment.
   (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.


5898.15.  (b) Nothing in this chapter shall be construed to void or
otherwise release a property owner from the contractual obligations
incurred by a contractual assessment on a property, particularly in
the event that the total amount of annual property taxes and
assessments exceeds 5 percent of a property's market value after the
property owner has entered into a contractual assessment pursuant to
this chapter.