AB 905 — Real property: environmental fee covenants.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law provides for the recording of an instrument containing an Environmental Restriction covenant made by an owner of land or by the grantee of land to do or refrain from doing an act that is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials. This bill would also provide for the recording of an Environmental Fee Covenant, as specified, that is, among other things, imposed for no more than 50 years in connection with the installation on the property of equipment or improvements that are intended to promote, among other things, energy efficiency and the reduction of the consumption of water or other natural resources. The bill would require the instrument containing the covenant to include specified information including a legal description of the property subject to the covenant, the dates for commencement and expiration of the covenant, and a specified notice relating to the terms and conditions of the covenant. The bill would require the covenant to be subject to and subordinate to the lien and encumbrance of any first mortgage or any other mortgage against the property subject to certain requirements. The bill would require the covenantee, within a specified period following receipt of written notice from the covenantor, to provide the covenantor with written confirmation of specified matters relating to information about any outstanding obligation under the terms of the covenant. The bill would make findings and declarations in this regard.
Bill Text
- Amended 04/30/13 - Amended Assembly Current pdf April 30, 2013
- Amended 03/21/13 - Amended Assembly pdf March 21, 2013
- Introduced 02/22/13 - Introduced pdf February 22, 2013
- AB905 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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Read first time.
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From printer. May be heard in committee March 26.
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Introduced. To print.
Sponsors
- Ting · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Ting
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Subjects
Frequently asked questions
- What does AB 905 do?
- Existing law provides for the recording of an instrument containing an Environmental Restriction covenant made by an owner of land or by the grantee of land to do or refrain from doing an act that is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials. This bill would also provide for the recording of an Environmental Fee Covenant, as specified, that is, among other things, imposed for no more than 50 years in connection with the installation on the property of equipment or improvements that are intended to promote, among other things, energy efficiency and the reduction of the consumption of water or other natural resources. The bill would require the instrument containing the covenant to include specified information including a legal description of the property subject to the covenant, the dates for commencement and expiration of the covenant, and a specified notice relating to the terms and conditions of the covenant. The bill would require the covenant to be subject to and subordinate to the lien and encumbrance of any first mortgage or any other mortgage against the property subject to certain requirements. The bill would require the covenantee, within a specified period following receipt of written notice from the covenantor, to provide the covenantor with written confirmation of specified matters relating to information about any outstanding obligation under the terms of the covenant. The bill would make findings and declarations in this regard.
- Who sponsors AB 905?
- AB 905 is sponsored by Ting.
- What is the current status of AB 905?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 905?
- Track AB 905 free on One Click Politics — get push/email alerts when it moves.
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