2007 California Streets and Highways Code Article 1. General Provisions

CA Codes (shc:5898.10-5898.14)

5898.10.  This chapter provides an alternative procedure for
authorizing assessments to finance any work which may be done
pursuant to this division.  The terms and definitions of this
division apply to this chapter, except as otherwise provided.  The
Special Assessment Investigation, Limitation, and Majority Protest
Act of 1931 (Division 4 (commencing with Section 2800)) does not
apply to any proceedings taken under this chapter.



5898.12.  (a) It is the intent of the Legislature that this chapter
should be used to finance public improvements to lots or parcels
which 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 of distributed generation
renewable energy sources or energy efficiency improvements that are
permanently fixed to residential, commercial, industrial, or other
real property.
   (c) This chapter shall not be used to finance facilities for
parcels which are undergoing development.
   (d) This chapter shall not be used to finance the purchase or
installation of appliances that are not permanently fixed to
residential, commercial, industrial, or other real property.
   (e) 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.



5898.14.  (a) The Legislature finds all of the following:
   (1) Energy conservation efforts, including the promotion of energy
efficiency improvements to residential, commercial, industrial, or
other real property are necessary to address the issue of global
climate change.
   (2) The upfront cost of making residential, commercial,
industrial, or other real property more energy efficient prevents
many property owners from making those improvements. To make those
improvements more affordable and to promote the installation of those
improvements, it is necessary to authorize an alternative procedure
for authorizing assessments to finance the cost of energy efficiency
improvements.
   (b) The Legislature declares that a public purpose will be served
by a contractual assessment program that provides the legislative
body of any city with the authority to finance the installation of
distributed generation renewable energy sources and energy efficiency
improvements that are permanently fixed to residential, commercial,
industrial, or other real property.