BILL NUMBER: AB 2551	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hueso
   (Coauthor: Senator Vargas)

                        FEBRUARY 24, 2012

   An act to add Section 53395.26 to the Government Code, relating to
local planning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2551, as introduced, Hueso. Infrastructure financing districts:
renewable energy zones.
   Existing law authorizes counties and cities to form infrastructure
financing districts, in accordance with a prescribed procedure, and
requires that a district finance only public capital facilities of
communitywide significance, as specified. Existing law authorizes a
legislative body, by ordinance, to adopt an infrastructure financing
plan and create the district with the full force and effect of law,
if 2/3 of the registered voters within the territory of the proposed
district are in favor of creating the district.
   This bill would authorize a legislative body to establish an
infrastructure financing district in a renewable energy zone area, as
defined, for the purpose of promoting renewable energy projects. The
bill would exempt the creation of the district from the
voter-approval requirement.
   Under the California Constitution, the Legislature is prohibited,
except by a 2/3 vote, from changing the pro rata shares in which ad
valorem property tax revenues are allocated among local agencies in a
county.
   Because this measure would provide property tax revenues that
would otherwise be received by affected taxing entities from
incremental tax revenue of the city or county to instead be received
by the newly formed infrastructure financing district, the bill would
constitute a change in the pro rata share of property tax
allocations in that county and require the passage of the bill by a
2/3 vote.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 53395.26 is added to the Government Code, to
read:
   53395.26.  (a) This section shall apply only to a city that
contains within its jurisdiction a renewable energy zone. To the
extent of any conflict, the provisions of this section shall prevail
over any other provision of law.
   (b) For purposes of this section, "renewable energy zone" means an
area that is characterized by the proposed development of more than
10 megawatts of renewable energy projects, including, but not limited
to, solar, wind, and geothermal projects, as determined by the
legislative body. In determining whether an area constitutes a
renewable energy zone, the legislative body may consider zones that
are not contiguous and may aggregate the total megawatts of several
areas.
   (c) The legislative body of a city may use the provisions of this
chapter to form an infrastructure financing district in renewable
energy zone areas for the purpose of promoting renewable energy
projects.
   (d) The creation of an infrastructure financing district shall be
exempt from the voter-approval requirement in Section 53395.23. The
legislative body shall comply with all other applicable requirements
of this chapter relating to the proposal and adoption of the
formation and financing of the infrastructure financing district.