BILL NUMBER: AB 2551	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	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 53395.27 to the Government Code, relating to
local 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.
With respect to an infrastructure financing district created pursuant
to these provisions, the bill would exempt the formation of the
infrastructure financing district  , the adoption of an
infrastructure financing plan, or the issuance of bonds 
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 53395.27 is added to the Government Code, to
read:
   53395.27.  (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 50 megawatts of electricity using an
eligible renewable energy resource, as defined in Article 16
(commencing with Section 399.11) of Part 1 of Division 1 of the
Public Utilities Code, that is intended to be used for commercial
renewable energy production.  A renewable energy infrastructure
area may include property that is proposed to include a rooftop solar
energy systems if the property owner provides written consent that
the property be contained in the renewable energy infrastructure
area. 
   (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) A district created pursuant to this section shall only use tax
increment (1) within the boundaries of that district, and (2) on
renewable energy infrastructure or renewable energy upgrades.
   (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) With respect to an infrastructure financing district created
pursuant to this section, an election shall not be required to form
an infrastructure financing district  , adopt an
infrastructure financing plan, or issue bonds pursuant to this
chapter. All other provisions of this chapter shall apply to the
formation of an infrastructure financing district and the adoption of
an infrastructure financing plan  .  All other
provisions of this chapter, including those relating to elections and
public notice, shall apply to the adoption of the infrastructure
financing plan, the issuance of bonds of an infrastructure financing
district, and the establishment or changing of an appropriations
limit. 
   (g) (1) 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.
   (2) An infrastructure financing district created pursuant to this
section shall not use property tax increment to pay for, in whole or
in part, subsidize, or make affordable, conditions of project
approval or mitigation requirements imposed on a private developer of
a renewable energy development project.