§ 5902

372 words·~2 min read·/ca/streets-and-highways-code/5902-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this chapter:

(a)“Assessment contract” means an agreement entered into between all property owners of record on real property and a public agency in which, for voluntary contractual assessments imposed on the real property, the public agency provides a PACE assessment for the installation of one or more efficiency improvements on the real property in accordance with a PACE program, specified in paragraph

(2)of subdivision

(a)of Section 5898.20 or Section 5899 or 5899.3, or a special tax described in Section 53328.1 of the Government Code.

(b)“Authorized representative” means an attorney-in-fact, as defined in Section 4014 of the Probate Code, or conservator of the estate, as defined in Section 2400 of the Probate Code, of the property owner.

(c)“Efficiency improvement” means one or more permanent improvements fixed to real property.

(d)“PACE assessment” means a voluntary contractual assessment, voluntary special tax, or special tax, as described in subdivisions (a), (b), and

(c)of Section 26054 of the Public Resources Code.

(e)“PACE program” means a program in which financing is provided for the installation of efficiency improvements on real property and funded through the use of property assessments, as well as other program components defined in this section, established pursuant to any of the following:

(1)Chapter 29 (commencing with Section 5898.10) of Part 3 of this code.

(2)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).

(3)A charter city’s constitutional authority under Section 5 of Article XI of the California Constitution.

(f)“Program administrator” means an entity administering a PACE program on behalf of, and with the written consent of, a public agency.

(g)“Property owner” means all property owners of record on the property subject to the PACE assessment.

(h)“Public agency” means a city, including a charter city, county, city and county, municipal utility district, community services district, community facilities district, joint powers authority, sanitary district, sanitation district, or water district, as defined in Section 20200 of the Water Code, that has established or participates in a PACE program, and utilizes a program administrator.

(i)This section shall become operative on January 1, 2029.