as amended, Hertzberg.
begin deleteElectrical restructuring: financing orders. end delete
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law relative to restructuring of the electrical industry authorizes an electrical corporation to apply to the commission for a determination that certain transition costs, as defined, may be recovered through fixed transition amounts, which would constitute transition property, as defined, and provides, until December 31, 2016, for the issuance of financing orders and provides for the issuance of rate reduction bonds to be paid out of rates.end delete
This bill would extend the authorization for the issuance of financing orders from December 31, 2016, to December 31, 2017.end delete
begin deleteyes end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
For purposes of Article XIII C and Article XIII D of
34the California Constitution and this article:
35(a) “Agency” means any local government as defined in
36subdivision (b) of Section 1 of Article XIII C of the California
38(b) “Assessment” means any levy or charge by an agency upon
39real property that is based upon the special benefit conferred upon
40the real property by a public improvement or service, that is
P4 1imposed to pay the capital cost of the public improvement, the
2maintenance and operation expenses of the public improvement,
3or the cost of the service being provided. “Assessment” includes,
4but is not limited to, “special assessment,” “benefit assessment,”
5“maintenance assessment,” and “special assessment tax.”
6(c) “District” means an area that is determined by an agency to
7contain all of the parcels that will receive a special benefit from a
8proposed public improvement or service.
9(d) “Drainage system” means any system of public
10improvements that is intended to provide for erosion control, for
11landslide abatement, or for other types of water drainage.
12(e) “Extended,” when applied to an existing tax or fee or charge,
13means a decision by an agency to extend the stated effective period
14for the tax or fee or charge, including, but not limited to,
15amendment or removal of a sunset provision or expiration date.
16(f) “Flood control” means any system of public improvements
17that is intended to protect property from overflow by water.
18(g) “Identified parcel” means a parcel of real property that an
19agency has identified as having a special benefit conferred upon
20it and upon which a proposed assessment is to be imposed, or a
21parcel of real property upon which a proposed property-related
22fee or charge is proposed to be imposed.
23(h) (1) “Increased,” when applied to a tax, assessment, or
24property-related fee or charge, means a decision by an agency that
25does either of the following:
26(A) Increases any applicable rate used to calculate the tax,
27assessment, fee, or charge.
28(B) Revises the methodology by which the tax, assessment, fee,
29or charge is calculated, if that revision results in an increased
30amount being levied on any person or parcel.
31(2) A tax, fee, or charge is not deemed to be “increased” by an
32agency action that does either or both of the following:
33(A) Adjusts the amount of a tax, fee, or charge in accordance
34with a schedule of adjustments, including a clearly defined formula
35for inflation adjustment that was adopted by the agency prior to
36November 6, 1996.
37(B) Implements or collects a previously approved tax, fee, or
38charge, so long as the rate is not increased beyond the level
39previously approved by the agency, and the methodology
P5 1previously approved by the agency is not revised so as to result in
2an increase in the amount being levied on any person or parcel.
3(3) A tax, assessment, fee, or charge is not deemed to be
4“increased” in the case in which the actual payments from a person
5or property are higher than would have resulted when the agency
6approved the tax, assessment, fee, or charge, if those higher
7payments are attributable to events other than an increased rate or
8revised methodology, such as a change in the density, intensity,
9or nature of the use of land.
10(i) “Notice by mail” means any notice required by Article XIII C
11or XIII D of the California Constitution that is accomplished
12through a mailing, postage prepaid, deposited in the United States
13Postal Service and is deemed given when so deposited. Notice by
14mail may be included in any other mailing to the record owner
15that otherwise complies with Article XIII C or XIII D of the
16California Constitution and this article, including, but not limited
17to, the mailing of a bill for the collection of an assessment or a
18property-related fee or charge.
31 “Record owner” means the owner of a parcel whose name
32and address appears on the last equalized secured property tax
33assessment roll, or in the case of any public entity, the State of
34California, or the United States, means the representative of that
35public entity at the address of that entity known to the agency.
8 “Registered professional engineer” means an engineer
9registered pursuant to the Professional Engineers Act (Chapter 7
10(commencing with Section 6700) of Division 3 of the Business
11and Professions Code).
13 “Vector control”
means any system of public improvements
14or services that is intended to provide for the surveillance,
15prevention, abatement, and control of vectors as defined in
16subdivision (k) of Section 2002 of the Health and Safety Code and
17a pest as defined in Section 5006 of the Food and Agricultural
19(m) “Water”end delete
20 means any system of
21public improvements intended to provide for the production,
22storage, supply, treatment, or distribution of water from any source.
(a) (1) The notice required by paragraph (1) of
26subdivision (a) of Section 6 of Article XIII D of the California
27Constitution of a proposed increase of an existing fee or charge
28for a property-related service being provided to a parcel may be
29given by including it in the agency’s regular billing statement for
30the fee or charge or by any other mailing by the agency to the
31address to which the agency customarily mails the billing statement
32for the fee or charge.
33(2) The notice required by paragraph (1) of subdivision (a) of
34Section 6 of Article XIII D of the California Constitution of a
35proposed new fee or charge may be given in the manner authorized
36for notice of an increase of a fee or charge if the agency is currently
37providing an existing property-related service to the address.
38(3) If the agency desires to preserve any authority it may have
39to record or enforce a lien on the parcel to which service is
40provided, the agency shall also mail notice to the recordowner’s
P7 1address shown on the last equalized assessment roll if that address
2is different than the billing or service address.
3(b) One written protest per parcel, filed by an owner or tenant
4of the parcel, shall be counted in calculating a majority protest to
5a proposed new or increased fee or charge subject to the
6requirements of Section 6 of Article XIII D of the California
13 Any agency that bills, collects, and remits a fee or charge
14on behalf of another agency may provide the notice required by
15Section 6 of Article XIII D of the California Constitution on behalf
16of the other agency.
Section 846 of the Public Utilities Code is
2amended to read:
The authority of the commission to issue financing orders
4pursuant to Section 841 shall expire on December 31, 2017. The
5expiration of the authority shall have no effect upon financing
6orders adopted by the commission pursuant to this article or any
7transition property arising therefrom, or upon the charges
8authorized to be levied thereunder, or the rights, interests, and
9obligations of the electrical corporation or a financing entity or
10holders of transition bonds pursuant to the financing order, or the
11authority of the commission to monitor, supervise, or take further
12action with respect to the order in accordance with the terms of
13this article and of the order.