2009 California Public Resources Code - Section 26100-26106 :: Chapter 1. General Provisions And Definitions

PUBLIC RESOURCES CODE
SECTION 26100-26106

26100.  (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
home 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 (CSCDA) 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 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.

26101.  Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.

26102.  "Applicant" means a public agency as defined in paragraph
(3) of subdivision (c) of Section 5898.20 of the Streets and Highways
Code.

26103.  "Authority" means the California Alternative Energy and
Advanced Transportation Financing Authority established pursuant to
Section 26004.

26104.  "Property Assessed Clean Energy bond" or "PACE bond" means a
bond that is secured by a voluntary contractual assessment on
property authorized pursuant to paragraph (2) of subdivision (a) of
Section 5898.20 of the Streets and Highways Code or by a voluntary
contractual assessment or a voluntary special tax on property to
finance the installation of distributed generation renewable energy
sources, or energy or water efficiency improvements that is levied
pursuant to a chartered city's constitutional authority under Section
5 of Article XI of the California Constitution.

26105.  "PACE program" means a program established by an applicant
that is financed by the PACE bond.

26106.  This division does not create any liability or obligation
upon the State of California and none shall be incurred by the
authority beyond the extent to which moneys shall have been provided
under this division. The authority shall not create any debt,
liability, or obligation on the part of the State of California
payable from any source whatsoever other than the moneys provided
under this division.


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