BILL NUMBER: AB 184	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        JANUARY 25, 2011

   An act to add Section 5899 to the Streets and Highways Code,
relating to contractual assessment programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 184, as introduced, Swanson. Contractual assessment programs:
seismic safety improvements.
   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.
   This bill would enact the Seismic Safety Finance Act, which would
expand these provisions to also authorize contractual assessments to
finance the installation of seismic strengthening improvements that
are permanently fixed to real property, as specified. The bill would
define "public agency," for purposes of financing the installation of
seismic strengthening improvements, to mean a city, county, or city
and county.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that this act shall
be known as the Seismic Safety Finance Act.
  SEC. 2.  Section 5899 is added to the Streets and Highways Code, to
read:
   5899.  (a) The Legislature finds and declares all of the
following:
   (1) It is the intent of the Legislature to address seismic safety
needs throughout this state by permitting voluntary individual
efforts to improve the seismic safety of homes and buildings. The
Legislature further intends that this chapter should be used to
finance the installation of seismic strengthening improvements that
are permanently fixed to residential, commercial, industrial,
agricultural, or other real property, including, but not limited to,
the seismic strengthening of cripple walls and sill plate anchorage
of light, wood-framed buildings.
   (2) The upfront cost of making residential, commercial,
industrial, agricultural, or other real property more seismically
safe prevents many property owners from making those improvements. To
make those improvements more affordable and to promote the
installation of those strengthening improvements, it is necessary to
authorize an alternative procedure for authorizing assessments to
finance the cost of seismic strengthening 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 seismic
strengthening improvements that are permanently fixed to residential,
commercial, industrial, agricultural, or other real property.
   (b) For purposes of this section, the following terms shall have
the following meanings:
   (1) For the purpose of financing the installation of seismic
strengthening 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) "Seismic strengthening improvements" means permanent seismic
safety improvements fixed to residential, commercial, industrial,
agricultural, or other real property.
   (c) The legislative body of any public agency 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 seismic strengthening improvements that are
permanently fixed to real property pursuant to this chapter.
   (d) For purposes of establishing a voluntary contractual
assessment program relating to seismic strengthening 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
seismic strengthening 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) For purposes of the report required pursuant to Section
5898.22, relating to a voluntary contractual assessment program for
seismic strengthening 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
seismic strengthening improvements that may be financed through the
use of contractual assessments.
   (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 seismic strengthening 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 seismic strengthening improvements and to contract
directly for the installation of seismic strengthening improvements
that are permanently fixed to the property owner's residential,
commercial, industrial, agricultural, or other real property.
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