AB 2890: Property and business improvement districts.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-07-19
Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the management district plan for a property-based district to include, among other things, the total amount of all special benefits to be conferred upon the properties located within the property-based district and the total amount of general benefits, if any.
This bill would delete those requirements.
The Property and Business Improvement District Law of 1994 defines special benefit to mean, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large.
This bill would specify that special benefit includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. The bill would authorize a city to impose assessments that are less than the proportional special benefit conferred, but would prohibit a city from imposing assessments that exceed the reasonable costs of the proportional special benefit conferred, as provided.
Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the management district plan for a property-based district to include, among other things, the total amount of all special benefits to be conferred upon the properties located within the property-based district and the total amount of general benefits, if any.
This bill would delete those requirements.
The Property and Business Improvement District Law of 1994 defines special benefit to mean, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large.
This bill would specify that special benefit includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. The bill would authorize a city to impose assessments that are less than the proportional special benefit conferred, but would prohibit a city from imposing assessments that exceed the reasonable costs of the proportional special benefit conferred, as provided.
Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the management district plan for a property-based district to include, among other things, the total amount of all special benefits to be conferred upon the properties located within the property-based district and the total amount of general benefits, if any.
This bill would delete those requirements.
The Property and Business Improvement District Law of 1994 defines special benefit to mean, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large.
This bill would specify that special benefit includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout each assessed parcel within the district. The bill would authorize a city to impose assessments that are less than the proportional special benefit conferred, but would prohibit a city from imposing assessments that exceed the reasonable costs of the proportional special benefit conferred, as provided.
Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the management district plan for a property-based district to include, among other things, the total amount of all special benefits to be conferred upon the properties located within the property-based district and the total amount of general benefits, if any.
This bill would delete those requirements.
The Property and Business Improvement District Law of 1994 defines special benefit to mean, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large.
This bill would specify that special benefit includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout the district. The bill would authorize a city to impose assessments that are less than the proportional special benefit conferred, but would prohibit a city from imposing assessments that exceed the reasonable costs of the proportional special benefit, benefit conferred, as provided.
Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the owners association under contract with the local governmental entity to administer or implement activities and improvements specified in the management district plan, as defined, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report, as specified. Existing law requires the management district plan for a property-based district to include, among other things, the total amount of all special benefits to be conferred upon the properties located within the property-based district and the total amount of general benefits, if any.
This bill would delete those requirements.
The Property and Business Improvement District Law of 1994 defines special benefit to mean, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large.
This bill would specify that special benefit includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout the district. The bill would authorize a city to impose assessments that are less than the proportional special benefit conferred, but would prohibit a city from imposing assessments that exceed the reasonable costs of the proportional special benefit, as provided.
This bill would make nonsubstantive changes to that reporting provision.Existing law, the Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Existing law requires the owners association under contract with the local governmental entity to administer or implement activities and improvements specified in the management district plan, as defined, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report, as specified.
This bill would make nonsubstantive changes to that reporting provision.
(a)Special benefit means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b)Special benefit also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
SEC. 2.Section 36622 of the Streets and Highways Code is amended to read:36622.The management district plan shall include, but is not limited to, all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first years proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g)The time and manner of collecting the assessments.
(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
(j)Any proposed rules and regulations to be applicable to the district.
(k)(1)A list of the properties or businesses to be assessed, including the assessors parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3)In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
(l)In a property-based district, a detailed engineers report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m)Any other item or matter required to be incorporated therein by the city council.
(a)Special benefit means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b)Special benefit also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
SEC. 2.Section 36622 of the Streets and Highways Code is amended to read:36622.The management district plan shall include, but is not limited to, all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first years proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g)The time and manner of collecting the assessments.
(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
(j)Any proposed rules and regulations to be applicable to the district.
(k)(1)A list of the properties or businesses to be assessed, including the assessors parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3)In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
(l)In a property-based district, a detailed engineers report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m)Any other item or matter required to be incorporated therein by the city council.
(a)Special benefit means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b)Special benefit also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
SEC. 2.Section 36622 of the Streets and Highways Code is amended to read:36622.The management district plan shall include, but is not limited to, all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first years proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g)The time and manner of collecting the assessments.
(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
(j)Any proposed rules and regulations to be applicable to the district.
(k)(1)A list of the properties or businesses to be assessed, including the assessors parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3)In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. If the special benefits themselves produce general benefits, the value of those general benefits need not be deducted before the assessments are calculated.
(l)In a property-based district, a detailed engineers report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m)Any other item or matter required to be incorporated therein by the city council.
(a)Special benefit means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b)Special benefit also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
SEC. 2.Section 36622 of the Streets and Highways Code is amended to read:36622.The management district plan shall include, but is not limited to, all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first years proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g)The time and manner of collecting the assessments.
(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
(j)Any proposed rules and regulations to be applicable to the district.
(k)(1)A list of the properties or businesses to be assessed, including the assessors parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3)In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit. benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels have exceeded are assessed more than the reasonable cost of their special benefit. If the special benefits themselves produce certain general benefits, the value of those general benefits need not be deducted before the assessments are calculated.
(l)In a property-based district, a detailed engineers report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m)Any other item or matter required to be incorporated therein by the city council.
(a)Special benefit means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b)Special benefit also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to assessed parcels throughout the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
SEC. 2.Section 36622 of the Streets and Highways Code is amended to read:36622.The management district plan shall include, but is not limited to, all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c)A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d)The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first years proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e)The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g)The time and manner of collecting the assessments.
(h)The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
(j)Any proposed rules and regulations to be applicable to the district.
(k)(1)A list of the properties or businesses to be assessed, including the assessors parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3)In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels have exceeded the reasonable cost of their special benefit. If the special benefits themselves produce certain general benefits, the value of those general benefits need not be deducted before the assessments are calculated.
(l)In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.(m)In a property-based district, the total amount of general benefits, if any.(n)(l)In a property-based district, a detailed engineers report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(o)(m)Any other item or matter required to be incorporated therein by the city council.
SECTION 1.Section 36650 of the Streets and Highways Code is amended to read:36650.(a)The owners association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners associations first report shall be due after the first year of operation of the district. The report may propose modifications, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.(b)The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:(1)Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district.(2)The improvements, maintenance, and activities to be provided for that fiscal year.(3)An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.(4)The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against their property or business for that fiscal year.(5)The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.(6)The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.(c)The city council may approve the report as filed by the owners association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.(a)The owners association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners associations first report shall be due after the first year of operation of the district. The report may propose changes, modifications, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b)The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1)Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district.
(2)The improvements, maintenance, and activities to be provided for that fiscal year.
(3)An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4)The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her their property or business for that fiscal year.
(5)The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6)The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c)The city council may approve the report as filed by the owners association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
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Date
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Status
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|---|---|
| Jul 19, 2022 | Chaptered by Secretary of State - Chapter 129, Statutes of 2022. |
| Jul 19, 2022 | Approved by the Governor. |
| Jul 11, 2022 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 30, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4573.). |
| Jun 23, 2022 | Read second time. Ordered to Consent Calendar. |
| Jun 22, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 22). |
| Jun 1, 2022 | Referred to Com. on GOV. & F. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4820.) |
| May 5, 2022 | Read third time and amended. Ordered to third reading. (Page 4568.) |
| May 2, 2022 | Read second time. Ordered to third reading. |
| Apr 28, 2022 | From committee: Do pass. (Ayes 6. Noes 0.) (April 27). |
| Apr 20, 2022 | Re-referred to Com. on L. GOV. |
| Apr 19, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 28, 2022 | Re-referred to Com. on L. GOV. |
| Mar 24, 2022 | Referred to Com. on L. GOV. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 30, 2022 | Consent Calendar AB2890 | Senate Floor |
Passed |
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| May 23, 2022 | AB 2890 Bloom Assembly Third Reading | Assembly Floor |
Passed |
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