Amended in Assembly June 10, 2014

Amended in Senate April 9, 2014

Senate Bill No. 1462

Introduced by Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Hernandez, Knight, Liu, and Vidak)

March 10, 2014

An act to amend Section 6348.4 begin delete of end delete begin insert of, and to add Section 17905 to, end insert the Business and Professions Code, to amend Sections 5903 begin delete and 53395.10 end delete begin insert , 12468, 53395.10, 53839, and 65302 end insert of the Government Code, begin insert to amend Section 1698 of the Harbors and Navigation Code, end insert begin delete and end delete to amend Sections 670 and 671 of the Revenue and Taxation Code, begin insert and to amend Sections 36606, 36621, 36622, 36625, 36626, 36630, 36631, 36636, 36650, and 36660 of the Streets and Highways Code, end insert relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 1462, as amended, Committee on Governance and Finance. Local government: omnibus bill.

begin insert

(1) Existing law requires a fictitious business name statement to be filed with the clerk of the county in which a registrant has his or her principal place of business in this state or, if a registrant has no place of business in this state, with the Clerk of Sacramento County.

end insert begin insert

This bill would authorize the Sacramento County Board of Supervisors to designate, by resolution, another county officer to perform the duties of the county clerk described above. This bill would make legislative findings and declarations regarding the necessity for a special statute.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Existing law establishes a system of county law libraries and provides for a board of law library trustees in each county to govern the law library established for the county. Existing law authorizes real property acquired by the board to be sold, with the proceeds to be deposited in the law library fund.

This bill would additionally authorize real property acquired by the board to be leased, rented, or licensed, with the proceeds to be deposited in the law library fund.

begin delete

(2)

end delete

begin insert (3) end insert  Existing law authorizes a legislative body, as defined, that determines prior to issuing any bonds that the interest payable on the bonds will be subject to federal income taxation under the law in effect on the date of issuance, to require in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds, that the bonds be denominated, payable, and redeemable in accordance with certain standards.

This bill would also authorize the legislative body to include the maturity or maturities of the bonds in the ordinance, resolution, indenture, agreement, or other instrument providing for issuance.

begin insert

(4) Existing law requires the Controller to regularly audit, in accordance with a specified schedule, the annual apportionment and allocation by counties of property tax revenue.

end insert begin insert

This bill would correct an erroneous cross-reference in these requirements.

end insert begin delete

(3)

end delete

begin insert (5) end insert  Existing law authorizes the legislative body of a city or county to establish an infrastructure financing district, and requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district that, among other things, describes the boundaries of the proposed district as referenced in a map on file in the office of the clerk of the city begin insert or county end insert .

This bill would specify that the description of the boundaries of the proposed district may be accomplished by reference to a map on file in the office of the clerk of either the city or county that is proposing to establish the district.

begin insert

(6) Existing law, until December 31, 2014, authorizes special districts to issue securitized limited obligation notes, as specified.

end insert begin insert

This bill would extend that authorization to December 31, 2019.

end insert begin insert

(7) The Planning and Zoning Law requires the legislative body of a city or county to adopt a general plan that consists of various elements, including a noise element that identifies and appraises noise problems in the community. Existing law requires the noise element to, among other things, recognize the guidelines established by the Office of Noise Control.

end insert begin insert

This bill would eliminate the requirement that the noise element recognize the guidelines established by the Office of Noise Control.

end insert begin insert

(8) Existing law authorizes any 2 or more harbor agencies to establish an authority, as specified, for the purpose of establishing an infrastructure fund and financing port or harbor infrastructure. Existing law defines “port or harbor infrastructure” for purposes of that law.

end insert begin insert

This bill would correct an erroneous cross-reference in that definition.

end insert begin delete

(4)

end delete

begin insert (9) end insert  Existing law prohibits any person from performing the duties or exercising the authority of an appraiser for property tax purposes, as specified, unless he or she holds a valid appraiser’s certificate issued by the State Board of Equalization. Existing law requires the board to hold appraiser examinations, prepared by the board with the assistance of 5 assessors selected by the State Association of County Assessors. Existing law provides that an appraiser, after holding a valid appraiser’s certificate for at least 3 years, be issued an advanced appraiser’s certificate by the board when they have completed a course of study, passed an examination, and hold a valid professional designation from a recognized professional organization. Existing law requires the board, with the advice and assistance of 5 assessors selected by the State Association of County Assessors begin delete of California end delete , to prescribe the course of study, prepare the examination, and approve of the professional designation.

This bill would change an obsolete reference in these provisions from the State Association of County Assessors to the California Assessors’ Association.

begin insert

(10) The Property and Business Improvement District Law of 1994 defines “assessment” for purposes of that law to mean a levy for the purpose of, among other things, promoting activities that will benefit the properties or businesses located within the district.

end insert begin insert

This bill would revise the definition of “assessment” to instead mean a levy for the purpose of providing activities that will benefit the properties or businesses located within the district.

end insert begin insert

(11) The Property and Business Improvement District Law of 1994 requires the resolution of intention to form a district, the management district plan, and the resolution of formation of the district to include a description of the exterior boundaries of the district.

end insert begin insert

This bill would authorize the description in these documents of the exterior boundaries of the district to be made by reference to any plan or map that is on file with the city clerk.

end insert begin insert

(12) The Property and Business Improvement District Law of 1994 requires resolution establishing a property and business improvement district to contain specified information.

end insert begin insert

This bill would correct an erroneous cross-reference in the listing of the information required to be contained in the resolution.

end insert begin insert

(13) The Property and Business Improvement District Law of 1994, upon the expiration of a property and business improvement district, authorizes a new district to be established. That law also authorizes any district previously established whose term has expired to be renewed, as specified.

end insert begin insert

This bill would instead, upon the expiration of a property and business improvement district, authorize the district to be renewed, and would also authorize the renewal of any district whose term will expire.

end insert begin insert

(14) The Property and Business Improvement District Law of 1994 requires all delinquent payments for assessments to be charged interest and penalties.

end insert begin insert

This bill would instead authorize interest and penalties to be charged.

end insert begin insert

(15) The Property and Business Improvement District Law of 1994 authorizes the city council to modify the management district plan after conducting a public hearing on the proposed modifications. That law requires notice of all other public meetings and public hearings respect to the modification of a management district plan to comply with either a particular statute or specified requirements.

end insert begin insert

This bill would eliminate the reference in the notice requirement to all other “public meetings” and would change any reference from “public meeting” to “public hearing.”

end insert begin insert

(16) The Property and Business Improvement District Law requires the owners’ association under contract with the local governmental entity to administer or implement activities and improvements specified in the management district plan, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. That law requires the report to include, among other things, the amount of any surplus or deficit revenues to be carried over from a previous fiscal year and the amount of any contributions to be made from sources other than assessments.

end insert begin insert

This bill would instead require the report to include the estimated amount of any surplus or deficit revenues as described above, and the estimated amount of any contributions as described above.

end insert

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.  

(a) This act shall be known, and may be cited,
as the Local Government Omnibus Act of 2014.

(b) The Legislature finds and declares that Californians want
their governments to be run efficiently and economically and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own costs by reducing the number of separate bills.
Therefore, it is the intent of the Legislature in enacting this act to
combine several minor, noncontroversial statutory changes relating
to the common theme, purpose, and subject of local government
into a single measure.

SEC. 2.  

Section 6348.4 of the Business and Professions Code
is amended to read:

6348.4.  

Real property acquired by a board may be sold, leased,
rented, or licensed with the proceeds to be deposited in the law
library fund.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 17905 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 17905. end insert   

The Sacramento County Board of Supervisors may, by
resolution, designate another county officer to perform the duties
of the county clerk pursuant to this chapter in and for the County
of Sacramento.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 5903 of the Government Code is amended to
read:

5903.  

If, prior to issuing any bonds, the legislative body
determines that the interest payable on the bonds to be issued by
the state or local government will be subject to federal income
taxation under the law in existence on the date of issuance or
pending on the date of issuance with an effective date preceding
the date of issuance, then notwithstanding any other provision of
law, the ordinance, resolution, indenture, agreement, or other
instrument providing for the issuance of the bonds may provide
for any of the following:

(a) The bonds shall be in the denominations, in the form, either
bearer or registered, and payable at the place or places, either
within or without the United States, at the time or times, in lawful
money of the United States of America, with the maturity or
maturities, with the terms of redemption, and at the interest rate
or rates, either fixed or variable, including methods of determining
the rate or rates if variable, as the legislative body shall determine.

(b) The bonds shall be sold at public or private sale, in such
manner and place or places, either within or without the United
States, and at the price or prices, above or below par, as the
legislative body shall determine.

(c) In connection with, or incidental to, the sale and issuance
of the bonds, the state or local government may offer, sell, and
issue warrants for additional bonds, as well as issue additional
bonds pursuant to these warrants on terms consistent with this
chapter, and may enter into any contracts which the legislative
body determines to be necessary or appropriate to place the
obligation of the state or local government, as represented by the
bonds and the contract or contracts, in whole or in part on the
interest rate, cashflow, or other basis desired by the legislative
body, including, without limitation, contracts commonly known
as interest rate swap agreements, forward payment conversion
agreements, futures, or contracts providing for payments based on
levels of or changes in interest rates, or contracts to exchange
cashflows or a series of payments, or contracts, including, without
limitation, options, puts or calls to hedge payment, rate, spread,
or similar exposure. These contracts or arrangements may also be
entered into by state or local governments in connection with, or
incidental to, entering into any agreement which secures bonds,
including bonds issued by private entities. These contracts and
arrangements shall be made upon the terms and conditions
established by the legislative body, after giving due consideration
for the creditworthiness of the counterparties, where applicable,
including any rating by a nationally recognized rating agency or
any other criteria as may be appropriate. In addition, these contracts
and arrangements may be made only if the bonds are rated in one
of the three highest rating categories by two nationally recognized
rating agencies, and if there has been receipt, from any rating
agency rating the bonds, of written evidence that the contract or
agreement will not adversely affect the rating.

(d) In connection with, or incidental to, the sale and issuance
of the bonds, or entering into any of the contracts or arrangements
referred to in subdivision (c), the state or local government may
enter into credit enhancement or liquidity agreements, with
payment, interest rate, security, default, remedy, and other terms
and conditions as the legislative body shall determine.

(e) Proceeds of the bonds and any moneys set aside or pledged
to secure payment of the bonds, or any of the contracts entered
into pursuant to subdivision (c), may be invested in securities or
obligations described in the ordinance, resolution, indenture,
agreement, or other instrument providing for the issuance of the
bonds and may be pledged to and used to service any of the
contracts or agreements entered into pursuant to this section.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 12468 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12468.  

The Controller shall regularly audit the apportionment
and allocation by counties of property tax revenue pursuant to begin delete this
chapter, end delete begin insert Chapter 3.5 (commencing with Section 75) of, and Chapter
6 (commencing with Section 95) of, Part 0.5 of Division 1 of the
Revenue and Taxation Code end insert in accordance with the following
schedule:

(a) For counties with a population in excess of 5,000,000 the
audit shall be performed annually.

(b) For counties with a population greater than 200,000 and less
than 5,000,000, the audit shall be performed on a three-year cycle.

(c) For counties with a population of 200,000 or less, the audit
shall be performed on a five-year cycle.

(d) The Controller may, at his or her discretion, perform audits
more frequently than provided in subdivisions (b) and (c).

(e) The Controller shall annually submit a report to the
Legislature containing a description of the audit findings for each
county that was audited during the prior year. The report shall
contain recommendations to the Legislature for legislation to
correct any errors in the apportionment and allocation of property
tax revenues that were determined as a result of these audits.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 53395.10 of the Government Code is amended
to read:

53395.10.  

A legislative body of a city or county may designate
one or more proposed infrastructure financing districts pursuant
to this chapter. Proceedings for the establishment of a district shall
be instituted by the adoption of a resolution of intention to establish
the proposed district and shall do all of the following:

(a) State that an infrastructure financing district is proposed to
be established under the terms of this chapter and describe the
boundaries of the proposed district, which may be accomplished
by reference to a map on file in the office of the clerk of the city
or county that is proposing to establish the district.

(b) State the type of public facilities proposed to be financed
by the district. The district may only finance public facilities
authorized by Section 53395.3.

(c) State that incremental property tax revenue from the city or
county and some or all affected taxing entities within the district
may be used to finance these public facilities.

(d) Fix a time and place for a public hearing on the proposal.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 53839 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

53839.  

A special district shall not issue any securitized limited
obligation notes after begin delete December 31, 2014, end delete begin insert December 31, 2019, end insert
unless a later enacted statute that is enacted before begin delete December 31,
2014, end delete begin insert December 31, 2019, end insert deletes or extends that date.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 65302 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65302.  

The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and
text setting forth objectives, principles, standards, and plan
proposals. The plan shall include the following elements:

(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the identification
of land and natural resources pursuant to paragraph (3) of
subdivision (d). The land use element shall include a statement of
the standards of population density and building intensity
recommended for the various districts and other territory covered
by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal
Emergency Management Agency (FEMA) or the Department of
Water Resources. The land use element shall also do both of the
following:

(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act
of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
of Division 1 of Title 5).

(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and operating
and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.

(A) In determining the impact of new growth on military
readiness activities, information provided by military facilities
shall be considered. Cities and counties shall address military
impacts based on information from the military and other sources.

(B) The following definitions govern this paragraph:

(i) “Military readiness activities” mean all of the following:

(I) Training, support, and operations that prepare the men and
women of the military for combat.

(II) Operation, maintenance, and security of any military
installation.

(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.

(ii) “Military installation” means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.

(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with the
land use element of the plan.

(2) (A) Commencing January 1, 2011, upon any substantive
revision of the circulation element, the legislative body shall
modify the circulation element to plan for a balanced, multimodal
transportation network that meets the needs of all users of streets,
roads, and highways for safe and convenient travel in a manner
that is suitable to the rural, suburban, or urban context of the
general plan.

(B) For purposes of this paragraph, “users of streets, roads, and
highways” mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.

(c) A housing element as provided in Article 10.6 (commencing
with Section 65580).

(d) (1) A conservation element for the conservation,
development, and utilization of natural resources including water
and its hydraulic force, forests, soils, rivers and other waters,
harbors, fisheries, wildlife, minerals, and other natural resources.
The conservation element shall consider the effect of development
within the jurisdiction, as described in the land use element, on
natural resources located on public lands, including military
installations. That portion of the conservation element including
waters shall be developed in coordination with any countywide
water agency and with all district and city agencies, including
flood management, water conservation, or groundwater agencies
that have developed, served, controlled, managed, or conserved
water of any type for any purpose in the county or city for which
the plan is prepared. Coordination shall include the discussion and
evaluation of any water supply and demand information described
in Section 65352.5, if that information has been submitted by the
water agency to the city or county.

(2) The conservation element may also cover all of the
following:

(A) The reclamation of land and waters.

(B) Prevention and control of the pollution of streams and other
waters.

(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.

(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.

(E) Protection of watersheds.

(F) The location, quantity and quality of the rock, sand, and
gravel resources.

(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater
recharge and stormwater management.

(e) An open-space element as provided in Article 10.5
(commencing with Section 65560).

(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall begin delete recognize the
guidelines established by the Office of Noise Control and shall end delete
analyze and quantify, to the extent practicable, as determined by
the legislative body, current and projected noise levels for all of
the following sources:

(A) Highways and freeways.

(B) Primary arterials and major local streets.

(C) Passenger and freight online railroad operations and ground
rapid transit systems.

(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands, and
all other ground facilities and maintenance functions related to
airport operation.

(E) Local industrial plants, including, but not limited to, railroad
classification yards.

(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.

(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (L_dn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6), inclusive.

(3) The noise contours shall be used as a guide for establishing
a pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.

(4) The noise element shall include implementation measures
and possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state’s noise insulation standards.

(g) (1) A safety element for the protection of the community
from any unreasonable risks associated with the effects of
seismically induced surface rupture, ground shaking, ground
failure, tsunami, seiche, and dam failure; slope instability leading
to mudslides and landslides; subsidence; liquefaction; and other
seismic hazards identified pursuant to Chapter 7.8 (commencing
with Section 2690) of Division 2 of the Public Resources Code,
and other geologic hazards known to the legislative body; flooding;
and wildland and urban fires. The safety element shall include
mapping of known seismic and other geologic hazards. It shall
also address evacuation routes, military installations, peakload
water supply requirements, and minimum road widths and
clearances around structures, as those items relate to identified fire
and geologic hazards.

(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:

(A) Identify information regarding flood hazards, including,
but not limited to, the following:

(i) Flood hazard zones. As used in this subdivision, “flood
hazard zone” means an area subject to flooding that is delineated
as either a special hazard area or an area of moderate or minimal
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency (FEMA). The identification of
a flood hazard zone does not imply that areas outside the flood
hazard zones or uses permitted within flood hazard zones will be
free from flooding or flood damage.

(ii) National Flood Insurance Program maps published by
FEMA.

(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.

(iv) Designated floodway maps that are available from the
Central Valley Flood Protection Board.

(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.

(vi) Awareness Floodplain Mapping Program maps and 200-year
flood plain maps that are or may be available from, or accepted
by, the Department of Water Resources.

(vii) Maps of levee protection zones.

(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.

(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly
damaged by flooding.

(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public facilities.

(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.

(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:

(i) Avoiding or minimizing the risks of flooding to new
development.

(ii) Evaluating whether new development should be located in
flood hazard zones, and identifying construction methods or other
methods to minimize damage if new development is located in
flood hazard zones.

(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.

(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if
these facilities are located in flood hazard zones.

(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.

(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).

(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated
as necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard
severity zones, as defined in Section 51177. This review shall
consider the advice included in the Office of Planning and
Research’s most recent publication of “Fire Hazard Planning,
General Technical Advice Series” and shall also include all of the
following:

(A) Information regarding fire hazards, including, but not limited
to, all of the following:

(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.

(ii)  Any historical data on wildfires available from local
agencies or a reference to where the data can be found.

(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.

(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open space designations of homeowner associations.

(v) Local, state, and federal agencies with responsibility for fire
protection, including special districts and local offices of
emergency services.

(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.

(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:

(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.

(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize
damage if these facilities are located in a state responsibility area
or very high fire hazard severity zone.

(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response
vehicles, visible street signs, and water supplies for structural fire
suppression.

(iv) Working cooperatively with public agencies with
responsibility for fire protection.

(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to,
a city or county’s adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information
required pursuant to this paragraph.

(4) After the initial revision of the safety element pursuant to
paragraphs (2) and (3), upon each revision of the housing element,
the planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during
the previous revision of the safety element.

(5) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially
comply with this section, or have substantially equivalent
provisions to this subdivision in their general plans, may use that
information in the safety element to comply with this subdivision,
and shall summarize and incorporate by reference into the safety
element the other general plan provisions or the flood plain
ordinance, specifically showing how each requirement of this
subdivision has been met.

(6) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the
city or county is located within the boundaries of the Sacramento
and San Joaquin Drainage District, as set forth in Section 8501 of
the Water Code, and the Office of Emergency Services for the
purpose of including information known by and available to the
department, the agency, and the board required by this subdivision.

(7) To the extent that a county’s safety element is sufficiently
detailed and contains appropriate policies and programs for
adoption by a city, a city may adopt that portion of the county’s
safety element that pertains to the city’s planning area in
satisfaction of the requirement imposed by this subdivision.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1698 of the end insert begin insert Harbors and Navigation Code end insert begin insert is
amended to read: end insert

1698.  

(a) “Port or harbor infrastructure” means any of the
following, if its primary or predominant use is of direct benefit to
the port or harbor:

(1) Streets, roads, highways, bridges, sidewalks, curbs, gutters,
tunnels, subways, alleyways, viaducts, pipelines, rail lines, or other
facilities for the transportation or movement of people, vehicles,
equipment, or goods.

(2) Piers, docks, wharves, slips, quays, platforms, decks, cranes,
or other facilities for the mooring, docking, loading, or unloading
of vessels.

(3) Lands, tidelands, submerged lands, easements, port access
routes, channel improvements, rights-of-way, dredge disposal sites,
safety zones, breakwaters, levees, bulkheads, or walls of rock or
other material to protect property or traffic.

(4) Parking, warehouse, or storage facilities.

(5) Parks, recreation, or open space facilities.

(6) Remediation.

(7) Water, wastewater, drainage, electric, or telecommunication
systems or facilities.

(8) Buildings, structures, facilities, improvements, or equipment
necessary or convenient to any of paragraphs (1) to begin delete (9), end delete begin insert (7), end insert
inclusive, or to the operation of a port or harbor.

(9) Public improvements authorized pursuant to the
Improvement Act of 1911 (Division 7 (commencing with Section
5000) of the Streets and Highways Code), the Improvement Bond
Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), and the Mello-Roos Community
Facilities Act of 1982 (Chapter 2.5 (commencing with Section
53311) of Part 1 of Division 2 of Title 5 of the Government Code).

(b) Any port or harbor infrastructure may be privately operated.
Except for any port or harbor infrastructure financed or subsidized
with public trust revenues, any privately owned port or harbor
infrastructure may be eligible in whole or in part for financing or
other support or subsidy from money deposited in the infrastructure
fund pursuant to subdivision (a) of Section 1701.

(c) If a port or harbor infrastructure financed wholly or partly
with public funds is privately owned and if the use for which the
port or harbor infrastructure was originally constructed changes
or is incompatible with the port authority’s master plan, the private
owner shall pay the public agency the percentage of the full
appreciated value of the port or harbor infrastructure that was
originally financed with public funds.

(d) Any port or harbor infrastructure may be located within,
partly within and partly outside, or outside the boundaries of any
harbor agency.

(e) Any port or harbor infrastructure that has been purchased,
constructed, expanded, improved, or rehabilitated by the
expenditure or use of public trust revenues shall be held as an asset
of the trust in a share proportionate to the investment of public
trust revenues.

begin delete SEC. 5. end delete
begin insert SEC. 10. end insert   

Section 670 of the Revenue and Taxation Code is
amended to read:

670.  

(a) No person shall perform the duties or exercise the
authority of an appraiser for property tax purposes as an employee
of the state, any county or city and county, unless he or she is the
holder of a valid appraiser’s or advanced appraiser’s certificate
issued by the State Board of Equalization.

(b) The board shall provide for the examination of applicants
for these certificates and may contract with the State Personnel
Board to give the examinations. Examinations shall be prepared
by the board with the advice and assistance of a committee of five
assessors selected by the California Assessors’ Association for
this purpose. No certificate shall be issued to any person who has
not attained a passing grade in the examination and demonstrated
to the board that he or she is competent to perform the work of an
appraiser as that competency is defined in regulations duly adopted
by the board. However, any applicant for a certificate who is denied
the same shall have a right to a review of that denial in accordance
with the State Administrative Procedure Act contained in Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.

(c) Passage of a civil service or merit system examination for
appraiser given by the state, or any county or city and county, shall
suffice to meet the requirements of this section. The scope of the
examination shall be approved by the State Board of Equalization.

(d) No employee of the state, or any county or city and county
shall perform the duties or exercise the authority of an auditor or
an auditor-appraiser under Section 469 or Section 15624 of the
Government Code, unless he or she holds a degree with a
specialization in accounting from a recognized institution of higher
education, or is a licensed accountant in the State of California, or
has passed the state, or a county, or city and county, or city civil
service or merit system examination regularly given for the position
of accountant or auditor by the testing body, or holds the office of
assessor.

(e) Except for persons holding the office of assessor, this section
does not apply to elected officials.

(f) No charge shall be made to counties or to applicants for
examinations and certifications under this section or for training
conducted by the board under Section 671.

begin delete SEC. 6. end delete
begin insert SEC. 11. end insert   

Section 671 of the Revenue and Taxation Code is
amended to read:

671.  

(a) In order to retain a valid appraiser’s certificate every
holder shall complete at least 24 hours of training conducted or
approved by the State Board of Equalization in each one-year
period.

Any excess in training time over the 24-hour minimum
accumulated in any one year shall be carried over as credit for
future training requirements with a limit of three years in which
the carryover time may be credited.

Failure to receive such training shall constitute grounds for
revocation of an appraiser’s certificate; provided, however, that
proceedings to revoke shall be conducted in accordance with the
Administrative Procedure Act contained in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

Training shall include, but not be limited to, new developments
in the case and statutory law and administrative rules.

(b) An advanced appraiser’s certificate shall be issued by the
board after an applicant has held an appraiser’s certificate for at
least three years and:

(1) Has successfully completed a course of study; or

(2) Has passed an advanced level examination; or

(3) Holds a valid professional designation from a recognized
professional organization.

The board, with the advice and assistance of five assessors
selected by the California Assessors’ Association, shall prescribe
the course of study, prepare the advanced level examination, and
approve the professional designation.

In order to retain a valid advanced appraiser’s certificate, every
holder shall complete at least 12 hours of training in each one-year
period.

Any excess in training time for the advanced appraiser’s
certificate over the 12-hour minimum accumulated in any one year
shall be carried over as a credit for future training requirements
with a limit of two years in which the carryover time may be
credited.

Failure to receive such training shall constitute grounds for
revocation of an advanced appraiser’s certificate; provided,
however, that proceedings to revoke shall be conducted in
accordance with the Administrative Procedure Act contained in
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.

Training to retain the advanced appraiser’s certificate shall
include, but not be limited to, new developments in the case and
statutory law and administrative rules.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 36606 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36606.  

“Assessment” means a levy for the purpose of acquiring,
constructing, installing, or maintaining improvements and
begin delete promoting end delete begin insert providing end insert activities which will benefit the properties
or businesses located within a property and business improvement
district.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 36621 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36621.  

(a) Upon the submission of a written petition, signed
by the property or business owners in the proposed district who
will pay more than 50 percent of the assessments proposed to be
levied, the city council may initiate proceedings to form a district
by the adoption of a resolution expressing its intention to form a
district. The amount of assessment attributable to property or a
business owned by the same property or business owner that is in
excess of 40 percent of the amount of all assessments proposed to
be levied, shall not be included in determining whether the petition
is signed by property or business owners who will pay more than
50 percent of the total amount of assessments proposed to be levied.

(b) The petition of property or business owners required under
subdivision (a) shall include a summary of the management district
plan. That summary shall include all of the following:

(1) A map showing the boundaries of the district.

(2) Information specifying where the complete management
district plan can be obtained.

(3) Information specifying that the complete management district
plan shall be furnished upon request.

(c) The resolution of intention described in subdivision (a) shall
contain all of the following:

(1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement
as to whether the assessment will be levied on property or
businesses within the district, a statement as to whether bonds will
be issued, and a description of the exterior boundaries of the
proposed begin delete district. end delete begin insert district, which may be made by reference to any
plan or map which is on file with the city clerk. end insert The descriptions
and statements do not need to be detailed and shall be sufficient
if they enable an owner to generally identify the nature and extent
of the improvements and activities and the location and extent of
the proposed district.

(2) A time and place for a public hearing on the establishment
of the property and business improvement district and the levy of
assessments, which shall be consistent with the requirements of
Section 36623.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 36622 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36622.  

The management district plan shall contain all of the
following:

(a) If the assessment will be levied on property, a map of the
district in sufficient detail to locate each parcel of property and, if
businesses are to be assessed, each business within the district. If
the assessment will be levied on businesses, a map that identifies
the district boundaries in sufficient detail to allow a business owner
to reasonably determine whether a business is located within the
district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate
each parcel of property and to allow a business owner to reasonably
determine whether a business is located within the district
boundaries.

(b) The name of the proposed district.

(c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or
extension in a manner sufficient to identify the affected begin delete lands end delete
begin insert property end insert and businesses begin delete included. end delete begin insert included, which may be made
by reference to any plan or map which is on file with the city clerk. end insert
The boundaries of a proposed property assessment district shall
not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing
with Section 36500)). This part does not prohibit the boundaries
of a business assessment district created pursuant to this part to
overlap with another business assessment district created pursuant
to this part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.

(d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof. If the
improvements and activities proposed for each year of operation
are the same, a description of the first year’s proposed
improvements and activities and a statement that the same
improvements and activities are proposed for subsequent years
shall satisfy the requirements of this subdivision.

(e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in
each year of operation of the district. If the assessment is levied
on businesses, this amount may be estimated based upon the
assessment rate. If the total annual amount proposed to be expended
in each year of operation of the district is not significantly different,
the amount proposed to be expended in the initial year and a
statement that a similar amount applies to subsequent years shall
satisfy the requirements of this subdivision.

(f) The proposed source or sources of financing, including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property or business owner to calculate the
amount of the assessment to be levied against his or her property
or business. The plan also shall state whether bonds will be issued
to finance improvements.

(g) The time and manner of collecting the assessments.

(h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be
five. Upon renewal, a district shall have a term not to exceed 10
years. Notwithstanding these limitations, a district created pursuant
to this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The
management district plan may set forth specific increases in
assessments for each year of operation of the district.

(i) The proposed time for implementation and completion of
the management district plan.

(j) Any proposed rules and regulations to be applicable to the
district.

(k) A list of the properties or businesses to be assessed, including
the assessor’s parcel numbers for properties to be assessed, and a
statement of the method or methods by which the expenses of a
district will be imposed upon benefited real property or businesses,
in proportion to the benefit received by the property or business,
to defray the cost thereof, including operation and maintenance.

(l) Any other item or matter required to be incorporated therein
by the city council.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 36625 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36625.  

(a) If the city council, following the public hearing,
decides to establish the proposed property and business
improvement district, the city council shall adopt a resolution of
formation that shall contain all of the following:

(1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement
as to whether the assessment will be levied on property, businesses,
or both within the district, a statement about whether bonds will
be issued, and a description of the exterior boundaries of the
proposed begin delete district. end delete begin insert district, which may be made by reference to any
plan or map which is on file with the city clerk. end insert The descriptions
and statements do not need to be detailed and shall be sufficient
if they enable an owner to generally identify the nature and extent
of the improvements and activities and the location and extent of
the proposed district.

(2) The number, date of adoption, and title of the resolution of
intention.

(3) The time and place where the public hearing was held
concerning the establishment of the district.

(4) A determination regarding any protests received. The city
shall not establish the district or levy assessments if a majority
protest was received.

(5) A statement that the properties, businesses, or properties
and businesses in the district established by the resolution shall be
subject to any amendments to this part.

(6) A statement that the improvements and activities to be
provided in the district will be funded by the levy of the
assessments. The revenue from the levy of assessments within a
district shall not be used to provide improvements or activities
outside the district or for any purpose other than the purposes
specified in the resolution of intention, as modified by the city
council at the hearing concerning establishment of the district.

(7) A finding that the property or businesses within the area of
the property and business improvement district will be benefited
by the improvements and activities funded by the assessments
proposed to be levied.

(b) The adoption of the resolution of formation and, if required,
recordation of the notice and map pursuant to Section 36627 shall
constitute the levy of an assessment in each of the fiscal years
referred to in the management district plan.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 36626 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36626.  

If the city council, following the public hearing, desires
to establish the proposed property and business improvement
district, and the city council has not made changes pursuant to
Section 36624, or has made changes that do not substantially
change the proposed assessment, the city council shall adopt a
resolution establishing the district. The resolution shall contain all
of the information specified in begin delete paragraphs (1) to (8), inclusive, of
subdivision (b) of Section 36625, but need not contain information
about the preliminary resolution if none has been adopted. end delete begin insert Section
36625. end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 36630 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36630.  

If a property and business improvement district expires
due to the time limit set pursuant to subdivision (h) of Section
36622, a new management district plan may be created and begin delete a new end delete
begin insert the end insert district begin delete established end delete begin insert may be renewed end insert pursuant to this part.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 36631 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36631.  

The collection of the assessments levied pursuant to
this part shall be made at the time and in the manner set forth by
the city council in the resolution levying the assessment.
Assessments levied on real property may be collected at the same
time and in the same manner as for the ad valorem property tax,
and may provide for the same lien priority and penalties for
delinquent payment. All delinquent payments for assessments
levied pursuant to this part begin delete shall end delete begin insert may end insert be charged interest and
penalties.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 36636 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36636.  

(a) Upon the written request of the owners’ association,
the city council may modify the management district plan after
conducting one public hearing on the proposed modifications. The
city council may modify the improvements and activities to be
funded with the revenue derived from the levy of the assessments
by adopting a resolution determining to make the modifications
after holding a public hearing on the proposed modifications. If
the modification includes the levy of a new or increased
assessment, the city council shall comply with Section 36623.
Notice of all other begin delete public meetings and end delete public hearings pursuant
to this section shall comply with both of the following:

(1) The resolution of intention shall be published in a newspaper
of general circulation in the city once at least seven days before
the public begin delete meeting. end delete begin insert hearing. end insert

(2) A complete copy of the resolution of intention shall be
mailed by first class mail, at least 10 days before the public
begin delete meeting, end delete begin insert hearing, end insert to each business owner or property owner
affected by the proposed modification.

(b) The city council shall adopt a resolution of intention which
states the proposed modification prior to the public hearing required
by this section. The public hearing shall be held not more than 90
days after the adoption of the resolution of intention.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 36650 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36650.  

(a) The owners’ association shall cause to be prepared
a report for each fiscal year, except the first year, for which
assessments are to be levied and collected to pay the costs of the
improvements and activities described in the report. The owners’
association’s first report shall be due after the first year of operation
of the district. The report may propose changes, including, but not
limited to, the boundaries of the property and business
improvement district or any benefit zones within the district, the
basis and method of levying the assessments, and any changes in
the classification of property, including any categories of business,
if a classification is used.

(b) The report shall be filed with the clerk and shall refer to the
property and business improvement district by name, specify the
fiscal year to which the report applies, and, with respect to that
fiscal year, shall contain all of the following information:

(1) Any proposed changes in the boundaries of the property and
business improvement district or in any benefit zones or
classification of property or businesses within the district.

(2) The improvements and activities to be provided for that
fiscal year.

(3) An estimate of the cost of providing the improvements and
the activities for that fiscal year.

(4) The method and basis of levying the assessment in sufficient
detail to allow each real property or business owner, as appropriate,
to estimate the amount of the assessment to be levied against his
or her property or business for that fiscal year.

(5) The begin insert estimated end insert amount of any surplus or deficit revenues to
be carried over from a previous fiscal year.

(6) The begin insert estimated end insert amount of any contributions to be made from
sources other than assessments levied pursuant to this part.

(c) The city council may approve the report as filed by the
owners’ association or may modify any particular contained in the
report and approve it as modified. Any modification shall be made
pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and
method of levying assessments that would impair an authorized
or executed contract to be paid from the revenues derived from
the levy of assessments, including any commitment to pay principal
and interest on any bonds issued on behalf of the district.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 36660 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

36660.  

(a) Any district previously established whose term has
expired, begin insert or will expire, end insert may be renewed by following the
procedures for establishment as provided in this chapter.

(b) Upon renewal, any remaining revenues derived from the
levy of assessments, or any revenues derived from the sale of assets
acquired with the revenues, shall be transferred to the renewed
district. If the renewed district includes additional parcels or
businesses not included in the prior district, the remaining revenues
shall be spent to benefit only the parcels or businesses in the prior
district. If the renewed district does not include parcels or
businesses included in the prior district, the remaining revenues
attributable to these parcels shall be refunded to the owners of
these parcels or businesses.

(c) Upon renewal, a district shall have a term not to exceed 10
years, or, if the district is authorized to issue bonds, until the
maximum maturity of those bonds. There is no requirement that
the boundaries, assessments, improvements, or activities of a
renewed district be the same as the original or prior district.

begin insert

begin insert SEC. 22. end insert   

end insert begin insert

The Legislature finds and declares, with respect to
the addition by this act of Section 17905 of the Business and
Professions Code, that a special law is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution, because of
the unique circumstances relating to the reorganization of the
departments in Sacramento County, resulting in the Department
of Finance administering the county’s fictitious business name
functions.

end insert