DistrictsClimate Resilience Districts
Section § 62300
This law is called the Climate Resilience Districts Act. It's the formal name used to refer to this division of the law.
Section § 62301
This law allows local governments in California to set up districts specifically focused on tackling climate change. These districts can engage in activities and take actions for both reducing and adapting to climate effects. The goal is to ensure reliable local funding, coordinate activities over suitable areas, and make it easier to access money from federal, state, and private sources.
Section § 62302
This section defines important terms related to climate resilience districts in California. A 'district' is a climate resilience district created under this law. 'Eligible project' refers to projects aimed at addressing climate change issues, such as sea level rise, extreme heat, drought, wildfires, and more. These projects can include natural solutions, like wetlands restoration, or infrastructure changes, like cooling facilities.
'Participating entity' and 'participating member city or county' are terms for cities, counties, or special districts involved in climate resilience efforts, with certain conditions for participation. The 'property tax increment' involves taxes that fund these projects. Additionally, districts are treated as enhanced infrastructure financing districts, which impacts how they finance projects.
Section § 62303
This law allows cities, counties, or combinations of them in California to create climate resilience districts. These districts can raise and allocate funding for projects related to climate change adaptation. The district's boundaries can match a city, county, or extend across multiple areas, including special districts. Funds raised can cover both the costs of running the district and the planning and operation of projects.
Projects funded need to classify as eligible projects, following specific criteria. These districts can issue bonds and are considered agencies for receiving certain tax revenues.
Section § 62303.5
This law establishes the Sonoma County Regional Climate Protection Authority as a climate resilience district, granting it specific powers aimed at climate protection, excluding certain tax-related authorities. The legislative body of this district will be the same as the authority's legislative body. However, the district cannot use tax increment revenues unless it meets particular requirements specified by related laws.
Section § 62304
This law outlines the steps required to create a new district. First, a resolution must be adopted stating the intention to establish the district. The resolution should describe the district's boundaries, which can be done by referring to a map. It must also specify the types of projects the district will finance and explain the district's necessity and goals.
Additionally, the local government needs to adopt a resolution on tax divisions and prepare an infrastructure financing plan. A district that fulfills these requirements can then manage taxes and issue tax increment bonds accordingly.
Section § 62305
This law says that a district will be managed by a board whose members are the same as those in a public financing authority, following specific rules unless stated otherwise. The legislative body must set up this board when they decide to create the district by adopting a resolution.
Section § 62306
This section mandates that at least 95% of certain tax revenues must go towards funding eligible projects, while no more than 5% can be used for administrative costs.
Section § 62307
This law gives enhanced infrastructure financing districts (EIFDs) the power to do several things within the areas of participating cities or counties. They can levy taxes, fees, or special assessments on property, provided they follow specific constitutional guidelines. They are allowed to create these assessments under several existing California acts related to improvements, bonds, and landscaping projects.
Additionally, EIFDs can apply for and receive government grants, accept donations and other funds, and issue bonds to raise money for district projects. They can also incur debt to fund property improvements. The district can manage various financial activities like depositing or investing money, as well as suing or being sued.
EIFDs can hire professional services, enter contracts, and engage in joint powers agreements with other entities. Finally, they can manage staff, hire temporary workers, and set compensation for their duties.
Section § 62308
When a district in California proposes a revenue-generating measure needing voter approval, the county board of supervisors must organize a special election. This election should be timed with the next statewide election and adhere to specific constitutional articles. The measure is voted on within the district's boundaries, following election code rules for districts. The district must also provide a resolution and ballot specifics to the county, and its legal counsel will prepare a neutral analysis of the measure, which may be revised by the largest county's counsel.
Special ballot language and translations must be used consistently across counties, with the largest county handling translations needed in other languages. Counties cooperating on the measure will agree on a single letter designation for the ballot. If the measure passes by two-thirds vote or as required, it will take effect as specified. County clerks report the election results to the district.
Section § 62309
Each district must create an annual plan showing how they will spend money on their operations and projects. This plan needs public review, a hearing, and approval by the district's governing authority. It can be revised at least once a year.
Additionally, districts must prepare both an annual operating and a capital improvement budget. Like the expenditure plan, these budgets also require public review, a hearing, and approval by the district's governing authority, with at least one annual review and possible revisions.
Section § 62310
This law outlines financial responsibilities for districts. They must regularly audit their financial accounts, maintain proper accounting records, and report their finances according to standards set by the Governmental Accounting Standards Board. Additionally, they have to produce annual financial reports and make these reports accessible to the public. If a district manages over $1 million in property tax or similar revenues, it must also arrange for an independent audit each year, following specific governmental auditing standards.
Section § 62311
This law requires that all meetings of a district must comply with the Ralph M. Brown Act, which is designed to ensure open and public local government meetings. Additionally, any records that the district creates or maintains are classified as public records, meaning they must be accessible to the public according to the California Public Records Act.
Section § 62312
This law requires that any construction or repair project led or funded by a district in California must pay workers the prevailing wage rates. This means they need to follow the wage guidelines set by law for public works. Also, the workers on these projects need to be skilled and trained. The district must ensure this by getting a promise from the developer or main contractor that they and their subcontractors will use a skilled workforce, except when all tiers of contractors are covered under a project labor agreement that includes this requirement and an arbitration procedure for enforcement. A project labor agreement is a predefined term referring to an agreement that covers labor conditions on a construction project.
Section § 62313
This law allows a city or county in California to set up a special district for dealing with disaster-affected areas without going through the usual complicated process. This is possible when a disaster has caused such extensive damage that the area can't recover through private or government action alone during the plan’s time frame. The district can also include nearby areas of up to 20% of the total district area.
The city or county must adopt a resolution within two years of the disaster announcement, detailing the district's boundaries and goals. Public meetings are held to inform and gather community input. The district can use property tax increases to fund reconstruction activities, but bond money cannot be used for running costs or services.
In terms of activities, the district can focus on rebuilding homes and businesses, preventing future disasters, and supporting economic recovery efforts. However, it must align with existing rules unless specifically exempt. Before the district ends, a city or county can integrate it into a new district as long as it meets all rules. Public members on the governing board must be connected to the district area and serve terms of at least four years.