California 2009-2010 Regular Session Status: Enacted

AB 44 — Improvement Act of 1911: contractual assessments.

Last action — Chaptered by Secretary of State - Chapter 564, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 01, 2008. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Improvement Act of 1911, authorizes the legislative body of any public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within the public agency, as specified, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property, as specified. Existing law requires the legislative body to make these determinations by adopting a resolution indicating its intention to do so and requires that the resolution include specified information and directs an appropriate public agency official to prepare a prescribed report. This bill would define the term "permanently fixed," for purposes of financing the installation of distributed generation renewable energy sources, to include systems that are attached to specified types of real property pursuant to a power purchase agreement or lease between the owner of the system and the owner of the assessed property, if the agreement satisfies prescribed criteria. This bill would prohibit a public agency from permitting a property owner to participate in a contractual assessment program if the total amount of the assessments and taxes on the property exceeds 5% of the property's market value, as specified. This bill would also require the prescribed report to include criteria for determining the underwriting requirements, as well as safeguards to be used to limit the total annual property tax and assessments on the property.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 564, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 73. Noes 3. Page 6854.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 30).

  6. Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.

  7. Joint Rule 62(a), file notice suspended. (Page 6773.)

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 27. Noes 4. Page 4939.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. (Corrected August 2.)

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Amend, and do pass as amended. (Ayes 3. Noes 2.) (June 30).

  15. Re-referred to Com. on L. GOV.

  16. Re-referred to Com. on RLS.

  17. Withdrawn from committee.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  19. Referred to Com. on E., U., & C.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1943.)

  22. Read second time. To third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 23).

  29. Re-referred to Com. on U. & C.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  31. Referred to Com. on U. & C.

  32. From printer. May be heard in committee January 1.

  33. Read first time. To print.

Sponsors

  • Benoit · Cosponsor
  • Blakeslee · Primary
  • Harkey · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Blakeslee

Co-sponsors (2)

  • Benoit
  • Harkey

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 44 Blakeslee Concurrence in Senate Amendments By Smyth

Passed 85 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 79302
Democratic 3000
Republican 3000
Total 85302
% of votes cast 94%3%0%2%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuller — Not Voting
Anderson — Nay
Knight — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Nay
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB44 Blakeslee

Passed 28 Yea · 4 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 26407
Democratic 2000
Republican 0001
Total 28408
% of votes cast 70%10%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Nay
Cedillo — Yea
Cogdill — Nay
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Oropeza — Not Voting
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Steinberg — Not Voting
Walters — Not Voting
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Nay
Hollingsworth — Not Voting
Liu — Yea
Price — Nay
Simitian — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Kehoe — Yea
Price — Nay
Aanestad — Nay
Cox — Yea
DeSaulnier — Yea

Official roll call →

AB 44 BLAKESLEE Assembly Third Reading

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Democratic 3000
Republican 2001
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hagman — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Feuer — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Bass — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Duvall — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Krekorian — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Democratic 1000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Tom — Yea
Berryhill — Yea
Fuller — Yea
Furutani — Yea
Carter — Yea
Blakeslee — Yea
Duvall — Yea
Smyth — Yea
Torrico — Yea
Buchanan — Yea
Huffman — Not Voting
Krekorian — Yea
Skinner — Yea
Swanson — Yea
Fuentes — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

housing energy
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Frequently asked questions

What does AB 44 do?
Existing law, the Improvement Act of 1911, authorizes the legislative body of any public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within the public agency, as specified, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property, as specified. Existing law requires the legislative body to make these determinations by adopting a resolution indicating its intention to do so and requires that the resolution include specified information and directs an appropriate public agency official to prepare a prescribed report. This bill would define the term "permanently fixed," for purposes of financing the installation of distributed generation renewable energy sources, to include systems that are attached to specified types of real property pursuant to a power purchase agreement or lease between the owner of the system and the owner of the assessed property, if the agreement satisfies prescribed criteria. This bill would prohibit a public agency from permitting a property owner to participate in a contractual assessment program if the total amount of the assessments and taxes on the property exceeds 5% of the property's market value, as specified. This bill would also require the prescribed report to include criteria for determining the underwriting requirements, as well as safeguards to be used to limit the total annual property tax and assessments on the property.
Who sponsors AB 44?
AB 44 is sponsored by Benoit, Blakeslee, and Harkey.
What is the current status of AB 44?
This bill has been enacted into law. Introduced December 01, 2008. Enacted.
Where can I track AB 44?
Track AB 44 free on One Click Politics — get push/email alerts when it moves.

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