BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    AB 44|
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                                 THIRD READING


          Bill No:  AB 44
          Author:   Blakeslee (R)
          Amended:  8/2/10 in Senate
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  3-2, 6/30/10
          AYES: Cox, Kehoe, DeSaulnier
          NOES:  Aanestad, Price

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Improvement Act of 1911:  contractual  
          assessments

           SOURCE  :     SunRun


           DIGEST  :    This bill expands the use of voluntary  
          contractual assessments to include financing electricity  
          purchase agreements by expanding the definition of  
          "permanently fixed to real property" to include systems  
          attached to a residential, commercial, industrial,  
          agricultural, or other real property pursuant to an  
          electricity purchase agreement between the owner of the  
          system and the owner of the assessed property.  The  
          electricity purchase agreement must contain specified  
          provisions.  This bill also limits the total annual  
          property tax and assessments from exceeding five percent of  
          the market value of the property.

           ANALYSIS  :    Existing law authorizes only with the free and  
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          willing consent of affected property owners, public  
          agencies to use "voluntary contractual assessments" to  
          finance: 

          1. Public improvements to developed parcels (SB 837  
             [McQuorquodale], Chapter 1385, Statutes of 1987).

          2. Renewable energy sources or energy efficiency  
             improvements that are permanently fixed to real property  
             (AB 811 [Levine], Chapter 159, Statutes of  2008).

          3. Water efficiency improvements that are permanently fixed  
             to real property (AB 474 [Blumenfield], Chapter 444,  
             Statutes of 2009).

          To use voluntary contractual assessments, a public agency's  
          legislative body must adopt a resolution, which:

          1. Determines that it would be convenient, advantageous,  
             and in the public interest to designate an area within  
             which officials and property owners may enter into  
             contractual assessments and make related financing  
             arrangements.

          2. Identifies the kinds of public works which may be  
             financed.

          3. Describes the area where contractual assessments may be  
             used.

          4. Describes the proposed financing arrangements, including  
             criteria for determining the creditworthiness of a  
             property owner. 

          5. States the time and place for a public hearing.

          6. Directs an official to prepare a detailed report about  
             the contractual assessment program and consult with the  
             county auditor and county controller regarding fees.

          This bill expands the use of voluntary contractual  
          assessments to include financing electricity purchase  
          agreements by expanding the definition of "permanently  
          fixed to real property" to include systems attached to a  

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          residential, commercial, industrial, agricultural, or other  
          real property pursuant to an electricity purchase agreement  
          between the owner of the system and the owner of the  
          assessed property.  The electricity purchase agreement must  
          contain these provisions:

          1. The attached system is an eligible renewable energy  
             resource pursuant to the California Renewables Portfolio  
             Standard Program/

          2. The term of the electricity purchase agreement is at  
             least as long as the term of the related assessment  
             contract.

          3. The owner of the attached system agrees to install,  
             maintain, and monitor the system for the entire term of  
             the electricity purchase agreement.

          4. The owner of the attached system cannot remove the  
             system before the end of the term of the contractual  
             assessment lien.

          5. After installation, the electricity is purchased by a  
             single payment using the funds from the contractual  
             assessment program.

          6. The right to receive the electricity from the system is  
             tied to the ownership of the assessed real property and  
             must be automatically transferred with the title to the  
             real property whether the title is transferred by  
             voluntary sale, judicial or nonjudicial foreclosure or  
             by any other means.

          7  The electricity purchase agreement identifies the public  
             agency that is a party to the assessment contract on the  
             real property as a third-party beneficiary of the  
             electricity purchase agreement until the assessment lien  
             is fully paid and, only until then, prohibits amendments  
             to the electricity purchase agreement without the public  
             agency's consent.

          This bill also requires the prescribed report to include  
          criteria for determining the creditworthiness of a property  
          owner, and limits the total annual property tax and  

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          assessments on the property to not exceed five percent of  
          the market value of the property.

           Comments
           
          Since the 2008 Levine bill took effect, communities  
          throughout California have developed financing programs to  
          help property owners pay for renewable energy improvements.  
            Financing solar power through electricity purchase  
          agreements offers significant advantages over financing  
          individually-owned solar systems.  Electricity purchase  
          agreements alleviate the property owner's responsibility  
          for maintaining the system and provide incentives for the  
          third-party service-provider to operate systems at maximum  
          efficiency.  Third-party providers can also take full  
          advantage of federal tax credits and accelerated  
          depreciation schedules, significantly reducing the costs of  
          solar systems.  Economies of scale also allow third-party  
          providers to deliver solar power at lower costs.  This bill  
          improves on the Levine bill's success and benefits property  
          owners by combining voluntary contractual assessment  
          programs' low-cost financing with electricity purchase  
          agreements' advantages over individually-owned solar  
          systems.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/3/10)

          SunRun (source)


          AGB:do  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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