§ 5898.12. — 5898.12. (Amended by Stats. 2014, Ch. 599, Sec. 2.)

California § 5898.12.

• Jurisdiction: California
• Code SHC: Streets and Highways Code - SHC
• Div. 7.: DIVISION 7. THE IMPROVEMENT ACT OF 1911
• Part 3.: PART 3. PERFORMING THE WORK
• Ch. 29.: CHAPTER 29. Contractual Assessments
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or parcels that are developed and where the costs and time delays involved in creating an assessment district pursuant to other provisions of this division or any other law would be prohibitively large relative to the cost of the public improvements to be financed.
(b)
It is also the intent of the Legislature that this chapter should be used to finance the installation or prepaid service contract, or both, of distributed generation renewable energy sources or energy efficiency
improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property.
(c)
It is also the intent of the Legislature to address chronic water needs throughout California by permitting voluntary individual efforts to improve water efficiency. The Legislature further intends that this chapter should be used to finance the installation of water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property, including, but not limited to, recycled water connections, synthetic turf, cisterns for stormwater recovery, and permeable pavement.
(d)
It is also the intent of the Legislature that a public agency in the process of establishing an assessment program, to the extent feasible,
use a good faith effort to provide advance notice of the proposed program to water and electric service providers in the relevant service area, as set forth in Section 5898.24, to allow the most efficient coordination and collaboration between the public agency and water and electric service providers.
(e)
This chapter shall not be used to finance facilities for parcels in connection with the initial construction of a residential building, unless the initial construction is undertaken by the intended owner or occupant.
(f)
This chapter shall not be used to finance the purchase or installation of appliances that are not permanently fixed to residential, commercial, industrial, agricultural, or other real property.
(g)
Assessments may be levied pursuant to this chapter only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied.

Legislative History

Amended by Stats. 2014, Ch. 599, Sec. 2. (AB 1883) Effective January 1, 2015.