AB 271 — Property Assessed Clean Energy program.

Summary

(1) Existing law authorizes applicants, defined as including specified public agencies, entities administering Property Assessed Clean Energy (PACE) financing programs on behalf of and with the written consent of public agencies, or financial institutions, to assist property owners in financing the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements through the issuance of PACE bonds that are secured by voluntary contractual assessments, voluntary special taxes, or special taxes on property, collectively known as PACE assessments. When foreclosure actions are ordered by a local agency or legislative body, or when subsequent installments and interest that are also to be made the subject of a foreclosure action thereafter become delinquent, and the foreclosure action is not commenced and a notice of pendency of action is not concurrently recorded, prior to the actual removal of a delinquent installment from the tax roll, existing law requires the local agency or legislative body responsible for the foreclosure action on the delinquent installment to record or cause to have recorded in the county recorder's office in the county in which the real property is located a Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll. This bill would authorize the county tax collector to direct the county auditor to remove a delinquent installment based on a PACE assessment from the county's tax rolls, if it arises from a contract entered into on or after January 1, 2018. The bill would require the county tax collector, immediately upon that removal and for each parcel for which the delinquent installment was removed, to provide notice on the tax rolls of the removal. (2) Under existing law, property taxes, if unpaid by specified dates, incur specified delinquency and redemption penalties. This bill would require, as to PACE assessments arising from contracts entered into on or after January 1, 2018, except for PACE assessments subject to specified law which requires deposit in a tax losses reserve fund, that specified penalties be deposited in a restricted county fund when collected by the tax collector, or that those penalties be remitted to the tax collector for deposit in that fund when collected by any party other than the tax collector. The bill would require that moneys in the fund be transferred to the delinquent tax sale trust fund for the deficit amount, to be distributed pursuant to specified law if any property subject to a PACE assessment is sold at a tax defaulted land sale for less than a specified minimum price. The bill also would provide that those PACE assessments removed from the tax roll pursuant to paragraph (1) , above, would not accrue further penalties. Because this bill would require counties to deposit those penalties and other specified costs in specified funds, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Amended 05/10/17 - Amended Assembly Current pdf May 10, 2017
• Amended 04/04/17 - Amended Assembly pdf April 04, 2017
• Introduced 02/01/17 - Introduced pdf February 01, 2017
• AB271 View text html

Action History

1. September 16, 2017

   Ordered to inactive file at the request of Senator Galgiani.

2. August 29, 2017

   Read second time. Ordered to third reading.

3. August 28, 2017

   From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

4. August 21, 2017

   In committee: Hearing postponed by committee.

5. July 13, 2017

   In committee: Hearing postponed by committee.

6. July 05, 2017

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 5). Re-referred to Com. on APPR.

7. June 08, 2017

   Referred to Com. on GOV. & F.

8. May 30, 2017

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

9. May 30, 2017

   Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1795.)

10. May 25, 2017

    Read second time. Ordered to third reading.

11. May 24, 2017

    From committee: Do pass. (Ayes 17. Noes 0.) (May 24).

12. May 17, 2017

    In committee: Hearing postponed by committee.

13. May 11, 2017

    Re-referred to Com. on APPR.

14. May 10, 2017

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

15. April 25, 2017

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 24). Re-referred to Com. on APPR.

16. April 20, 2017

    From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 2.) (April 19). Re-referred to Com. on REV. & TAX.

17. April 05, 2017

    Re-referred to Com. on L. GOV.

18. April 04, 2017

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

19. February 13, 2017

    Referred to Coms. on L. GOV. and REV. & TAX.

20. February 02, 2017

    From printer. May be heard in committee March 4.

21. February 01, 2017

    Read first time. To print.

Sponsors

• Caballero · Primary
• Galgiani · Cosponsor

Votes

Subjects