BILL NUMBER: AB 2551	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

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.   government   .




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2551, as amended, 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.
   Vote: majority. 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
created and approved a renewable energy infrastructure area.
   (b) For purposes of this section, the following terms shall have
the following meanings:
   (1) "Renewable energy infrastructure area" means an area that
contains a proposed development project or projects that would
generate in total more than 10 megawatts of electricity using an
eligible renewable energy resource, as defined in Article 16
(commencing with Section 399.11) of Part 1 of the Public Utilities
Code, that is intended to be used for commercial renewable energy
production.
   (2) "Commercial renewable energy production" means that the
project has an executed power purchase agreement for the sale of the
electricity from an eligible renewable energy resource to a
California retail seller, as defined by subdivision (j) of Section
399.12 of the Public Utilities Code, or a local publicly owned
electric utility, as defined by Section 224.3 of the Public Utilities
Code.
   (c) Property tax increment collected from a district created
pursuant to this section shall be used only within the boundaries of
that district.
   (d) In determining whether an area constitutes a renewable energy
infrastructure area, the legislative body may consider areas that are
not contiguous and may aggregate the total megawatts of several
areas.
   (e) The legislative body of a city may use the provisions of this
chapter to form an infrastructure financing district in renewable
energy infrastructure areas for the purpose of promoting renewable
energy projects.
   (f) The creation of an infrastructure financing district pursuant
to this section 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 financing of
the infrastructure financing district.
   (g) Notwithstanding any other law, This section is not intended to
interfere with, or prevent the exercise of, the existing authority
of an agency or department to carry out its programs, projects, or
responsibilities to identify, review, approve, deny, or implement any
mitigation requirements, and this section shall not be construed as
a limitation on mitigation requirements for the project, or a
limitation on compliance with requirements under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) or any other provision of law.
 
  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 financing of the infrastructure
financing district.