Bill Text: CA AB2428 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State highways: property leases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2428 Detail]

Download: California-2015-AB2428-Amended.html

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BILL NUMBER: AB 2428	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 19, 2016

    An act to amend Section 26050 of the Public Resources
Code, relating to energy.   An act to amend Section
104.16 of the Streets and Highways Code, relating to state highways.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2428, as amended, Ting.  Property Assessed Clean Energy
Resource program.   State highways: property leases.
 
   Existing law provides that the Department of Transportation has
full possession and control of the state highway system, including
associated property. Existing law authorizes the department to lease
certain property, including the area above or below a state highway,
and certain property held for future highway purposes, to public
agencies under specified terms and conditions, including specific
provisions governing leases of airspace and other property in the
City and County of San Francisco for purposes of an emergency shelter
or feeding program, at a lease cost of $1 per month and payment of
an administrative fee not to exceed $500 per year.  
   This bill would revise the provisions governing leases of
department property in the City and County of San Francisco under
these financial terms to also authorize leases of property for park,
recreational, or open-space purposes, subject to certain additional
terms and conditions, including a requirement for the lessee to be
responsible for all associated maintenance costs. The bill would
provide for the lease to authorize the lessee to subsidize its
maintenance costs through a limited revenue generation model, with
any revenues generated above the maintenance costs to be shared with
the state, as specified.  
    Existing law requires the California Alternative Energy and
Advanced Transportation Financing Authority to develop and administer
a Property Assessed Clean Energy Reserve program to reduce the
overall costs to property owners of a Property Assessed Clean Energy
Reserve bond, or PACE bond, issued by an applicant that has
established a Property Assessed Clean Energy program, or PACE
program, by providing a reserve of no more than 10% of the initial
amount of the PACE bond. Existing law makes various findings and
declarations regarding PACE financing.  
   This bill would make a nonsubstantive change to the findings and
declarations. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 104.16 of the  
Streets and Highways Code   is amended to read: 
   104.16.  (a) Any airspace under a freeway, or real property
acquired for highway purposes, in the City and County of San
Francisco, which   that  is not excess
property, may be leased by the department to the city and county or
another political subdivision or a state agency for purposes of an
emergency shelter or feeding  program.  
program, or for park, recreational, or open-   space
purposes. 
   (b) The lease shall be for one dollar ($1) per month. The lease
amount may be paid in advance of the term covered in order to reduce
the administrative costs associated with the payment of the monthly
rental fee. The lease shall require the payment of an administrative
fee not to exceed five hundred dollars ($500) per year, unless the
department determines that a higher administrative fee is necessary,
for the department's cost of administering the lease. 
   (c) In the case of a lease for park, recreational, or open-space
purposes, the lease shall require the lessee to fund and construct
all associated infrastructure, and to accept full responsibility for
liability related to those uses. The lease shall require the lessee
to be responsible for all maintenance costs associated with those
uses, except as otherwise provided in the lease. The lease shall
authorize the lessee to subsidize its associated maintenance costs
through generation of revenue under a limited revenue generation
model, such as from limited parking facilities located on the leased
property, if any revenues generated that exceed the associated
maintenance costs are shared with the state, at a rate not less than
50 percent of those excess revenues, with that amount to be deposited
in the State Highway Account.  
   (c) 
    (d)  The Legislature finds and declares that the lease
of real property pursuant to this section serves a public purpose.

  SECTION 1.    Section 26050 of the Public
Resources Code is amended to read:
   26050.  (a) The Legislature finds and declares all of the
following:
   (1) Property Assessed Clean Energy (PACE) financing has been
pioneered by municipalities and counties in California as a way for
homeowners and small business owners to finance voluntary energy and
water efficiency and clean energy improvements.
   (2) PACE financing was pioneered in the City of Berkeley, while
the City and County of San Francisco, City of San Diego, City of Palm
Desert, Sonoma County, and the California Statewide Communities
Development Authority have already initiated or are working to launch
additional programs.
   (3) Seventeen other states, including Colorado and New York, have
also enacted enabling PACE legislation.
   (4) The public subsidy provided by the PACE financing is justified
by the benefits received in job creation, lower energy demand, and
spurring new clean industries that will grow the economy.
   (b) It is the intent of the Legislature to assist local
jurisdictions in financing the installation of distributed generation
renewable energy sources, electric vehicle charging infrastructure,
or energy or water efficiency improvements that are permanently fixed
to real property through the use of voluntary contractual
assessments.
   (c) It is not the intent of the Legislature to create any debt,
liability, or obligation on the part of the state in assisting local
jurisdictions pursuant to this division.