text:
It is the intent of the Legislature in enacting this chapter to provide local governments with opportunities to attract large manufacturing facilities to invest in their communities and to encourage industries, such as high technology, aerospace, automotive, biotechnology, software, environmental sources, and others, to locate and invest in those facilities in California.

(a) Commencing in the 1998–99 fiscal year, the governing body of a county, city and county, or city, may, by means of an ordinance or resolution approved by a majority of its entire membership, elect to establish a capital investment incentive program. In any county, city and county, or city in which the governing body has so elected, the county, city and county, or city shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive fiscal years. A request for the payment of capital investment incentive amounts shall be filed by a proponent in writing with the governing body of an electing county, city and county, or city in the time and manner specified in procedures adopted by that governing body. In the case in which the governing body of an electing county, city and county, or city approves a request for the payment of capital investment incentive amounts, both of the following conditions shall apply:

(1) The consecutive fiscal years during which a capital investment incentive amount is to be paid shall commence with the first fiscal year commencing after the date upon which the qualified manufacturing facility is certified for occupancy or, if no certification is issued, the first fiscal year commencing after the date upon which the qualified manufacturing facility commences operation.

(2) In accordance with paragraph (4) of subdivision (d), the annual payment to a proponent of each capital investment incentive amount shall be contingent upon the proponent’s payment of a community services fee.

(b) For purposes of this section:

(1) “Capital investment incentive amount” means, with respect to a qualified manufacturing facility for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, which excludes the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) that is in excess of one hundred fifty million dollars ($150,000,000).

(2) “Manufacturing” means the activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.

(3) “Proponent” means a party or parties that meet all of the following criteria:

(A) The party is named in the application to the county, city and county, or city within which the qualified manufacturing facility would be located for a permit to construct a qualified manufacturing facility.

(B) The party will be the fee owner of the qualified manufacturing facility upon the completion of that facility. Notwithstanding the previous sentence, the party may enter into a sale-leaseback transaction and nevertheless be considered the proponent.

(C) If a proponent that is receiving capital investment incentive amounts subsequently leases the subject qualified manufacturing facility to another party, the lease may provide for the payment to that lessee of any portion of a capital investment incentive amount. Any lessee receiving any portion of a capital investment incentive amount shall also be considered a proponent for the purposes of subdivision (d).

(4) “Qualified manufacturing facility” means a proposed manufacturing facility that meets all of the following criteria:

(A) The proponent’s initial investment in that facility, in real and personal property, necessary for the full and normal operation of that facility, made pursuant to the capital investment incentive program, that comprises any portion of that facility or has its situs at that facility, exceeds one hundred fifty million dollars ($150,000,000). Compliance with this subparagraph shall be certified by the Governor’s Office of Business and Economic Development upon the director’s approval of a proponent’s application for certification of a qualified manufacturing facility. An application for certification shall be submitted by a proponent to the Governor’s Office of Business and Economic Development in writing in the time and manner as specified by the director.

(B) The facility is to be located within the jurisdiction of the electing county, city and county, or city to which the request is made for payment of capital investment incentive amounts.

(C) The facility is operated by any of the following:

(i) A business described in Codes 3321 to 3399, inclusive, or Codes 541711 or 541712 of the 2012 North American Industry Classification System (NAICS) Manual published by the United States Office of Management and Budget.

(ii) A business engaged in the recovery of minerals from geothermal resources, including the proportional amount of a geothermal electric generating plant that is integral to the recovery process by providing electricity for it.

(iii) A business engaged in the manufacturing of parts or components related to the production of electricity using solar, wind, biomass, hydropower, or geothermal resources on or after July 1, 2010.

(iv) A business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or electric vehicles.

(D) The proponent is currently engaged in any of the following:

(i) Commercial production.

(ii) The perfection of the manufacturing process.

(iii) The perfection of a product intended to be manufactured.

(c) (1) A city or special district may, upon the approval by a majority of the entire membership of its governing body, pay to the county, city and county, or city an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) of subdivision (b) that is in excess of one hundred fifty million dollars ($150,000,000).

(2) For purposes of this subdivision, “special district” shall not include a school district or a community college district.

(d) A proponent whose request for the payment of capital investment incentive amounts is approved by an electing county, city and county, or city shall enter into a community services agreement with that county, city and county, or city that includes, but is not limited to, all of the following provisions:

(1) A provision requiring that a community services fee be remitted by the proponent to the county, city and county, or city, in each fiscal year, in an amount that is equal to 25 percent of the capital investment incentive amount calculated for that proponent for that fiscal year, except that in no fiscal year shall the amount of the community services fee exceed two million dollars ($2,000,000).

(2) A provision specifying the dates in each relevant fiscal year upon which payment of the community services fee is due and delinquent, and the rate of interest to be charged to a proponent for any delinquent portion of the community services fee amount.

(3) A provision specifying the procedures and rules for the determination of underpayments or overpayments of a community services fee, for the appeal of determinations of any underpayment, and for the refunding or crediting of any overpayment.

(4) A provision specifying that a proponent is ineligible to receive a capital investment incentive amount if that proponent is currently delinquent in the payment of any portion of a community services fee amount, if the qualified manufacturing facility is constructed in a manner materially different from the facility as described in building permit application materials, or if the facility is no longer operated as a qualified manufacturing facility meeting the requirements of paragraph (4) of subdivision (b). If a proponent becomes ineligible to receive a capital investment incentive amount as a result of an agreement provision included pursuant to this subparagraph, the running of the number of consecutive fiscal years specified in an agreement made pursuant to subdivision (a) is not tolled during the period in which the proponent is ineligible.

(5) A provision that sets forth a job creation plan with respect to the relevant qualified manufacturing facility. The plan shall specify the number of jobs to be created by that facility, and the types of jobs and compensation ranges to be created thereby. The plan shall also specify that for the entire term of the community services agreement, both of the following shall apply:

(A) All of the employees working at the qualified manufacturing facility shall be covered by an employer-sponsored health benefits plan, with the exception of any employee who was offered but declined coverage due to other available group coverage.

(B) The average weekly wage, exclusive of overtime, paid to all of the employees working at the qualified manufacturing facility, who are not management or supervisory employees, shall be not less than the state average weekly wage. For the purpose of this subdivision, “state average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance, as reported to the Employment Development Department for the four calendar quarters ending June 30 of the preceding calendar year.

(6) (A) In the case in which the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, a provision that requires the recapture of any portion of any capital investment incentive amounts previously paid to the proponent equal to the lesser of the following:

(i) All of the capital investment incentive amounts paid to the proponent, less all of the community services fees received from the proponent, and less any capital investment incentive amounts previously recaptured.

(ii) The last capital investment incentive amount paid to the proponent, less the last community services fee received from the proponent, multiplied by 40 percent of the number of years remaining in the community services agreement, but not to exceed 10 years, and less any capital investment incentive amounts previously recaptured.

(B) If the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, the county, city and county, or city may, upon a finding that good cause exists, waive any portion of the recapture of any capital investment incentive amount due under this subdivision. For the purpose of this subdivision, good cause includes, but is not limited to, both of the following:

(i) The proponent has sold or leased the property to a person who has entered into an agreement with the county, city and county, or city to assume all of the responsibilities of the proponent under the community services agreement.

(ii) The qualified manufacturing facility has been rendered inoperable and beyond repair as a result of an act of God, civil disorder, failure of power, riots, insurrections, war, acts of terrorism, or any other causes, whether the kind herein enumerated or otherwise, not within the control of the qualified manufacturing facility claiming good cause, which restrict or interfere with a qualified manufacturing facility’s ability to timely perform, and which by the exercise of reasonable due diligence, such party is or would have been unable to prevent or overcome.

(C) For purposes of this subdivision, failure to operate a qualified manufacturing facility as required by the community services agreement includes, but is not limited to, failure to establish the number of jobs specified in the jobs creation plan created pursuant to paragraph (5).

(e) (1) Each county, city and county, or city that elects to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development of its election to do so no later than June 30 of the fiscal year in which the election was made.

(2) In addition to the information required to be reported pursuant to paragraph (1), each county, city and county, or city that has elected to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development each fiscal year no later than June 30 of the amount of any capital investment incentive payments made and the proponent of the qualified manufacturing facility to whom the payments were made during that fiscal year.

(3) The Governor’s Office of Business and Economic Development shall compile the information submitted by each county, city and county, and city pursuant to paragraphs (1) and (2) and submit a report to the Legislature containing this information no later than October 1, every two years commencing October 1, 2026.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 93. (AB 1170) Effective January 1, 2026. Inoperative January 1, 2035, pursuant to Section 51298.5.)

title: 5. LOCAL AGENCIES

chapter: 8. Capital Investment Incentive Program

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 8. Capital Investment Incentive Program


kind: section

code: GOV

text:
(a) The governing body of a county, city and county, or city, may, by means of an ordinance or resolution approved by a majority of its entire membership, elect to establish a capital investment incentive program. In any county, city and county, or city in which the governing body has so elected, the county, city and county, or city shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive fiscal years. A request for the payment of capital investment incentive amounts shall be filed by a proponent in writing with the governing body of an electing county, city and county, or city in the time and manner specified in procedures adopted by that governing body. In the case in which the governing body of an electing county, city and county, or city approves a request for the payment of capital investment incentive amounts, both of the following conditions shall apply:

(1) The consecutive fiscal years during which a capital investment incentive amount is to be paid shall commence with the first fiscal year commencing after the date upon which the qualified manufacturing facility is certified for occupancy or, if no certification is issued, the first fiscal year commencing after the date upon which the qualified manufacturing facility commences operation.

(2) In accordance with paragraph (4) of subdivision (d) of Section 51298, the annual payment to a proponent of each capital investment incentive amount shall be contingent upon the proponent’s payment of a community services fee.

(b) (1) A city or special district may, upon the approval by a majority of the entire membership of its governing body, pay to the county, city and county, or city an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) of subdivision (e) that is in excess of twenty-five million dollars ($25,000,000).

(2) For purposes of this subdivision, “special district” shall not include a school district or a community college district.

(c) A proponent whose request for the payment of capital investment incentive amounts is approved by an electing county, city and county, or city shall enter into a community services agreement with that county, city and county, or city that includes, but is not limited to, all of the following provisions:

(1) All of the provisions set forth in subdivision (d) of Section 51298.

(2) A provision that sets forth a job creation plan with respect to the relevant qualified manufacturing facility.

(A) The plan shall specify the number of jobs to be created by that facility, and the types of jobs and compensation ranges to be created thereby, and may include commitments for all of the following:

(i) The total dollar amount of the proponent’s compensation to workers.

(ii) The hourly wage rate for each job classification.

(iii) The value and type of fringe benefits for each job classification.

(B) The plan shall include commitments by the proponent to provide both of the following:

(i) A hiring preference for local residents, community area residents, or disadvantaged workers.

(ii) A targeted hiring program, including all of the following:

(I) Meaningful outreach and recruitment activities to individuals facing barriers to employment or displaced workers.

(II) Hiring practices developed to provide fair access to and support the hiring of individuals facing barriers to employment.

(III) Directly support skill and career development for individuals facing barriers to employment. This may include collaboration with community groups and public entities.

(d) (1) Each county, city and county, or city that elects to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development of its election to do so no later than June 30 of the fiscal year in which the election was made.

(2) In addition to the information required to be reported pursuant to paragraph (1), each county, city and county, or city that has elected to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development each fiscal year no later than June 30 of the amount of any capital investment incentive payments made and the proponent of the qualified manufacturing facility to whom the payments were made during that fiscal year.

(3) The Governor’s Office of Business and Economic Development shall compile the information submitted by each county, city and county, and city pursuant to paragraphs (1) and (2) and submit a report to the Legislature containing this information no later than October 1, every two years commencing October 1, 2026.

(e) For purposes of this section, the following definitions apply:

(1) “Capital investment incentive amount” means, with respect to a qualified manufacturing facility for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, which excludes the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) that is in excess of twenty-five million dollars ($25,000,000).

(2) “Manufacturing” means the activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.

(3) “Proponent” means a party or parties that meet all of the following criteria:

(A) The party is named in the application to the county, city and county, or city within which the qualified manufacturing facility would be located for a permit to construct a qualified manufacturing facility.

(B) The party will be the fee owner of the qualified manufacturing facility upon the completion of that facility. Notwithstanding the previous sentence, the party may enter into a sale-leaseback transaction and nevertheless be considered the proponent.

(C) If a proponent that is receiving capital investment incentive amounts subsequently leases the subject qualified manufacturing facility to another party, the lease may provide for the payment to that lessee of any portion of a capital investment incentive amount. Any lessee receiving any portion of a capital investment incentive amount shall also be considered a proponent for the purposes of subdivision (c).

(4) “Qualified manufacturing facility” means a proposed manufacturing facility that meets all of the following criteria:

(A) The proponent’s initial investment in that facility, in real and personal property, necessary for the full and normal operation of that facility, made pursuant to the capital investment incentive program, that comprises any portion of that facility or has its situs at that facility, exceeds twenty-five million dollars ($25,000,000). Compliance with this subparagraph shall be certified by the Governor’s Office of Business and Economic Development upon the director’s approval of a proponent’s application for certification of a qualified manufacturing facility. An application for certification shall be submitted by a proponent to the Governor’s Office of Business and Economic Development in writing in the time and manner as specified by the director.

(B) The facility is to be located within the jurisdiction of the electing county, city and county, or city to which the request is made for payment of capital investment incentive amounts.

(C) The facility is operated by any of the following:

(i) A business described in Codes 3321 to 3399, inclusive, or Codes 541711 or 541712 of the 2012 North American Industry Classification System (NAICS) Manual published by the United States Office of Management and Budget.

(ii) A business engaged in the recovery of minerals from geothermal resources, including the proportional amount of a geothermal electric generating plant that is integral to the recovery process by providing electricity for it.

(iii) A business engaged in the manufacturing of parts or components related to the production of electricity using solar, wind, biomass, hydropower, or geothermal resources on or after July 1, 2010.

(iv) A business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or electric vehicles.

(D) The proponent is currently engaged in any of the following:

(i) Commercial production.

(ii) The perfection of the manufacturing process.

(iii) The perfection of a product intended to be manufactured.

history: (History: Added by Stats. 2024, Ch. 581, Sec. 2. (AB 2922) Effective September 25, 2024. Inoperative January 1, 2035, pursuant to Section 51298.5.)

division: 1. CITIES AND COUNTIES

title: 5. LOCAL AGENCIES


text:
(a) This chapter shall remain in effect only until January 1, 2035.

(b) A capital investment incentive program established pursuant to this chapter before January 1, 2035, may remain in effect for the full term of that program, regardless of whether this chapter becomes inoperative or is repealed.

history: (History: Amended by Stats. 2024, Ch. 581, Sec. 3. (AB 2922) Effective September 25, 2024. Note: Termination clause affects Chapter 8, commencing with Section 51298.)

title: 5. LOCAL AGENCIES


text: It is the intent of the Legislature in enacting this chapter to provide cities and counties with opportunities to adaptively reuse existing buildings, such as office buildings, in order to facilitate their conversion to housing and mixed uses.

history: (History: Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 51299.4.)

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 9. Adaptive Reuse Investment Incentive Program


text:
For purposes of this chapter:

(a) “Adaptive reuse investment incentive funds” means, with respect to a qualified adaptive reuse project property for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, excluding the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property’s valuation at the time of the proponent’s initial request for funding.

(b) “Program” means an adaptive reuse investment incentive program established pursuant to Section 51299.2.

(c) (1) “Proponent” means a party or parties that meet all of the following criteria:

(A) The party is named in the application for a permit to construct a qualified adaptive reuse project submitted to the city or county.

(B) The party will be the fee owner of the qualified adaptive reuse project property upon the completion of that development.

(2) If a proponent that is receiving adaptive reuse investment incentive amounts subsequently leases the qualified adaptive reuse project property to another party, the lease may provide for the payment to that lessee of any portion of adaptive reuse investment incentive funds. A lessee that receives any portion of adaptive reuse investment incentive funds shall also be considered a proponent for the purposes of this chapter.

(d) “Qualified adaptive reuse project property” means an adaptive reuse project proposed pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7 that is located within the city or county.

title: 5. LOCAL AGENCIES

chapter: 9. Adaptive Reuse Investment Incentive Program


text:
(a) Commencing in the 2026–27 fiscal year, the governing body of a city or county, or city and county, may, by ordinance or resolution, establish an adaptive reuse investment incentive program pursuant to this chapter.

(b) (1) A city or county, or city and county, that establishes a program shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay adaptive reuse investment incentive funds to the proponent of a qualified adaptive reuse project property to subsidize the affordable housing units, as required pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7, for up to 30 consecutive fiscal years. Nothing in this paragraph shall prohibit a city or county, or city and county, from paying adaptive reuse investment incentive funds to a proponent pursuant to this paragraph for a period of fewer than 30 years.

(2) A request for the payment of adaptive reuse investment incentive funds shall be filed by a proponent in writing with the governing body of the city or county in the time and manner established by that governing body.

(c) After a city or county, or city and county, approves a request for the payment of adaptive reuse investment incentive funds, payment of adaptive reuse investment incentive funds shall begin with the first fiscal year that commences after the qualified adaptive reuse property is issued a certificate of occupancy. If the city or county, or city and county, does not issue certificates of occupancy, the final inspection of the qualified adaptive reuse project property shall serve as the certificate of occupancy for purposes of this subdivision.

title: 5. LOCAL AGENCIES


text: A city or special district may pay to the city or county, or city and county, an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real property that is in excess of the property’s valuation at the time of the proponent’s initial request for funding, for the purpose of subsidizing the affordable housing units required pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7.

title: 5. LOCAL AGENCIES


text: This chapter shall become operative on July 1, 2026.

history: (History: Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026.)

title: 5. LOCAL AGENCIES


text: This article does not apply to cities containing a population of over 1,900,000 according to the 1950 federal census or to cities which are also cities and counties.

history: (History: Amended by Stats. 1959, Ch. 597.)

title: 5. LOCAL AGENCIES

chapter: 1. Transfer of City Functions

article: 1. General

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Transfer of City Functions > 1. General


text: A board of supervisors may contract with a city, governed under general laws or charter, within the county, and the city legislative body may contract with the county for the performance by its appropriate officers and employees, of city functions.

history: (History: Added by Stats. 1949, Ch. 81.)

title: 5. LOCAL AGENCIES

article: 1. General


text: The term of the contract shall not exceed five years but may continue for periods of five years each, unless the legislative body of either local agency votes not to continue the term at a meeting more than one year before the expiration of any five-year period.

title: 5. LOCAL AGENCIES

article: 1. General


text: The county officers and employees named in the contract shall exercise within the city all of the powers and duties conferred upon the city officers or employees named in the contract.

title: 5. LOCAL AGENCIES

article: 1. General


text: The city may provide in the contract for the payment to the county of a consideration agreed upon, which shall be paid to the county treasurer.

title: 5. LOCAL AGENCIES

article: 1. General


text: If the contract results in a unification of a county department with a similar city department requiring a reduction of employees in either department and in a particular line of promotion, the reduction shall be made only from those employees most recently employed within the line of promotion without reference to any code number under which the employee is acting at the time of the reduction. The rule of seniority shall be preserved without discrimination between employees of either local agency.

title: 5. LOCAL AGENCIES

article: 1. General


text: The contract shall provide for the assumption of all city pension rights of the transferred employees by the county, or for their continuation by the city, or by both.

title: 5. LOCAL AGENCIES

article: 1. General


text: The board of supervisors shall hold separately in trust pension money or property taken over by it from the city under the contract and all earnings, increases, and additions to such funds. The money or property shall be expended solely for the payment of the city’s portion of such pensions and incidental administrative expenses.

title: 5. LOCAL AGENCIES

article: 1. General


text: Any person pensioned at the execution of the contract has a vested property right in the pension fund for the payment of his pension.

title: 5. LOCAL AGENCIES

article: 1. General


text: If authorized by the city charter and approved by resolution of the board of supervisors, a city organized under a freeholders’ charter may transfer any of its functions and any of the functions of an officer, board, or commission to an officer, board, or commission of the county in which the city is situated.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Transfer of City Functions > 2. Chartered Cities


text:
The resolution of the board of supervisors shall recite:

(a) The functions to be transferred.

(b) The county officers, boards, or commissions to perform the function.

(c) The compensation to be paid by the city to the county for the services to be performed.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text:
The transfer may be rescinded:

(a) At any time by the joint action of the city and the county.

(b) By separate action of either with one year’s notice.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The city shall express its rescission as provided by its charter or, if the charter does not provide, by resolution of its legislative body. The county shall express its rescission by resolution of the board of supervisors.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: City functions relating to the assessment of property for taxation, the collection of taxes levied for municipal purposes, the collection of assessments, and the sale of property for the nonpayment of taxes or assessments, may be transferred pursuant to this article. Where a city transfers the assessment function to a county it may request the county to prepare only a secured roll in the first year of transfer and thereafter both the secured and unsecured rolls. Where a city which has been collecting taxes upon a calendar-year basis transfers such function to a county under this article, said collection by the county shall be continued upon such calendar-year basis.

history: (History: Amended by Stats. 1969, Ch. 4.)

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: If the city charter so authorizes, other functions may be transferred and performed as provided by law.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text:
A county which provides services through its appropriate departments, boards, commissions, officers or employees, to any city pursuant to contract or as authorized by law, shall charge the city all those costs which are incurred in providing the services so contracted or authorized. A county shall not charge a city contracting for a particular service, either as a direct or an indirect overhead charge, any portion of those costs which are attributable to services made available to all portions of the county, as determined by resolution of the board of supervisors, or which are general overhead costs of operation of the county government. General overhead costs, for the purpose of this section, are those costs which a county would incur regardless of whether or not it provided a service under contract to a city.

Any determination of general overhead costs shall be subject to court review as to the reasonableness of such determination.

This section does not apply to a contract or agreement in effect on December 31, 1983, made by a county.

history: (History: Amended by Stats. 1983, Ch. 225, Sec. 1.)

title: 5. LOCAL AGENCIES

article: 3. County Contract Services

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Transfer of City Functions > 3. County Contract Services


text: A city, except a city which is also a city and county, may transfer its functions pursuant to this article.

title: 5. LOCAL AGENCIES

chapter: 2. Transfer of City Tax Functions

article: 1. General

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 2. Transfer of City Tax Functions > 1. General


text: By ordinance, a city legislative body may transfer the duties of the city treasurer to the treasurer of the county in which the city is situated, and shall, by January 1, 1969, transfer the assessment and tax collection duties performed by the city assessor and tax collector to the assessor and tax collector of the county in which the city is situated, and no city shall establish the offices of city assessor and tax collector after that date.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)

title: 5. LOCAL AGENCIES

article: 1. General


text: A certified copy of the ordinance transferring the duties of the assessor and tax collector shall be filed with the county auditor on or before the first Monday of the February following the adoption of the ordinance or a later date acceptable to the county board of supervisors.

title: 5. LOCAL AGENCIES

article: 1. General


text: Certified copies of the ordinance transferring the duties of the treasurer shall be served on the county auditor, tax collector, and treasurer. The ordinance shall also prescribe how money shall be drawn from the city funds in the hands of the treasurer.

title: 5. LOCAL AGENCIES

article: 1. General


text: All assessments made by the county assessor and equalized or corrected by the board of supervisors or State Board of Equalization shall be the basis for levying city taxes. In the first year that a city uses county values in the preparation of its roll it may independently assess property on the unsecured roll.

title: 5. LOCAL AGENCIES

article: 1. General


text: The ordinance transferring the duties of the treasurer is effective until repealed. Certified copies of the ordinance repealing the transfer of the treasurer’s duties shall be served upon the county auditor, tax collector, and treasurer.

title: 5. LOCAL AGENCIES

article: 1. General


text: The offices of city assessor, tax collector, and treasurer may be abolished by ordinance after their duties have been transferred.

title: 5. LOCAL AGENCIES

article: 1. General


text: When a city transfers the duties of assessing and collecting taxes, all duties performed by the city assessor other than the assessing of the city property shall be transferred to, and performed by, the city clerk or such other officer as the city by ordinance determines, and all duties performed by the city tax collector other than the collection of taxes shall be transferred to, and be performed by, the city marshal or chief of police, or such other officer as the city by ordinance determines.

title: 5. LOCAL AGENCIES

article: 1. General


text: Before fixing the rate of taxes the legislative body of a city which has transferred the duties of the assessor and tax collector shall fix by ordinance or resolution the amount of revenue from property taxes necessary to support its departments for the current year and to pay the bonded or other indebtedness of the city, or any portion or district of the city.

history: (History: Amended by Stats. 1959, Ch. 1295.)

title: 5. LOCAL AGENCIES

article: 1. General


text: Annually on or before the third Monday in August, the county auditor shall transmit to the city legislative body a written statement, showing separately the total value of all property within the city and the total value of all property in each district or portion of the city in which a different rate of taxation is to be levied. The value shall be ascertained from the assessment books of the county for the year, as equalized and corrected.

history: (History: Amended by Stats. 1951, Ch. 645.)

title: 5. LOCAL AGENCIES

article: 1. General


text: Annually, before September 1st, the city legislative body shall fix the rate of taxes, or rates of taxes, if different portions or districts require different rates, by determining the percentage of full value on the assessment roll required to raise the revenue authorized by this article, using as a basis the value of the property as assessed and equalized. The rates shall be sufficient to raise the amount fixed by ordinance or resolution and the expense of collection. The city legislative body shall immediately transmit to the county auditor a statement of the rates fixed.

history: (History: Amended by Stats. 1978, Ch. 1207.)

title: 5. LOCAL AGENCIES

article: 1. General


text: The county auditor shall compute and enter in the assessment book the city tax on the property enumerated and assessed as being in the city, using the rates fixed by the city legislative body and the assessed value in the assessment book, at the time and in the manner he computes and enters county taxes.

title: 5. LOCAL AGENCIES

article: 1. General


text: The taxes so levied shall be collected at the time and in the manner of county taxes and paid into the county treasury. The net amount of the taxes, after deduction of the county’s compensation for the services of its treasurer, assessor, and tax collector, shall be paid to the city.

history: (History: Amended by Stats. 1974, Ch. 209.)

title: 5. LOCAL AGENCIES

article: 1. General


text: The compensation paid to the county for assessing and collecting taxes for a city shall be fixed by agreement between the board of supervisors and the city legislative body. Not more than 1 percent shall be charged for collecting the first twenty-five thousand dollars ($25,000), and not more than one-fourth of 1 percent for all sums over that amount. The compensation shall be paid into the county salary fund.

title: 5. LOCAL AGENCIES

article: 1. General


text: When the duties of the city treasurer have been transferred to the county treasurer, one-fourth of 1 percent shall be deducted from the money collected by the county tax collector as compensation for the services of the county treasurer and paid into the county salary fund.

title: 5. LOCAL AGENCIES

article: 1. General


text: When a city has transferred the assessing and collecting of taxes, property which has been sold to the city for nonpayment of taxes may be redeemed pursuant to Part 7, Division 1, of the Revenue and Taxation Code.

title: 5. LOCAL AGENCIES

article: 1. General


text: The collection of unpaid taxes levied on property by the city shall be enforced by the sale of the property in the manner, at the time, and upon the penalties, of property sold for nonpayment of county taxes. Real property so sold may be redeemed within the time and upon the terms of property sold for the nonpayment of county taxes.

title: 5. LOCAL AGENCIES

article: 1. General


text: The county auditor shall apportion to the city the money paid for redemption in the proportion which the tax due the city bears to the total tax for which the real property was sold.

title: 5. LOCAL AGENCIES

article: 1. General


text: When a county charter permits and the county consents, a city governed under general laws or charter permitting the discharge of certain city functions by county officers and which is situated within the county may provide for the consolidation of other county and city offices and the assumption and discharge of the functions of the city by the county officers.

title: 5. LOCAL AGENCIES

article: 1. General


text: Notwithstanding any provisions of this article relating to compensation paid to the county for assessing and collecting taxes for a city the board of supervisors may, upon a finding of public interest, perform such assessment and collection service for a city without compensation from such city; provided that, in a county having a population of 4,000,000 or more, the county shall perform such assessment and collection service for a city without compensation from such city; provided, further, that, in any county in which all cities agree to use of the county assessment roll and agree to permit the county to perform such assessment and collection functions, the county shall perform such assessment and collection services for the cities without compensation from such cities.

history: (History: Amended by Stats. 1970, Ch. 1479.)

title: 5. LOCAL AGENCIES

article: 1. General


text: When delinquent taxes of a general law city, with costs and penalties, have been paid to the county treasurer, the money collected, including, if authorized by the board of supervisors as a matter of general county policy, the costs and penalties on such delinquent taxes, shall be paid to the city, after deduction of the county’s compensation.

title: 5. LOCAL AGENCIES

article: 1. General


text: As used in this article, “city” means a city governed under a freeholders’ charter.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 2. Transfer of City Tax Functions > 2. Chartered Cities


text: This article provides an alternative method by which the duties of city officers designated in this article may be performed by officers of the county in which the city is situated.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text:
When the city charter or a city ordinance authorized by the charter provides, the county officers designated in the charter or ordinance shall perform any of the following duties of the city legislative body, assessor, tax collector, or other officers:

(a) The assessment of city property for city taxes.

(b) The equalization and correction of the assessment.

(c) The collection, payment, and enforcement of the taxes, including delinquent taxes.

(d) The redemption of property from sale or other penalty for nonpayment of city taxes.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The county officers designated shall be officers who perform duties of the same character as the city officers whose duties are transferred to them.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: A copy of the charter or ordinance providing for the transfer of duties shall be certified by the city clerk and filed with the board of supervisors on or before the first Monday of the February following the effective date of the charter provision or ordinance.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The board of supervisors shall cause notice of the charter provision or ordinance to be given to the designated county officers.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The county assessment roll made annually by the county assessor and equalized and corrected by the board of supervisors shall be the basis for levying city taxes.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: In the case of a sale of property for taxes or special assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1 (commencing with Section 101) of the Revenue and Taxation Code, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of this title.

history: (History: Added by Stats. 1977, Ch. 648.)

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: As soon as practicable after the lien date following the effective date of the charter provision or ordinance, the city clerk shall deliver to the county assessor a written statement showing separately the exterior boundaries of the city as originally incorporated and the exterior boundaries of each body of new territory subsequently added and the date of addition. Thereafter, any changes in the city’s boundaries shall be reported to the county assessor and the State Board of Equalization under the provisions of Sections 54900 to 54903, inclusive.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text:
Annually before September 1st, the city legislative body shall cause to be delivered to the county auditor a statement certified by the city clerk showing separately:

(a) The levy or rate percent of taxes levied for all municipal purposes for the year, including amounts required for the payment of interest and sinking funds for the bonded indebtedness of the city.

(b) The rate of taxes levied upon all property within the limits of the city as originally incorporated.

(c) The rate of taxes levied upon all property within the boundaries of each portion of the city added after the original incorporation.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: Upon delivery of the certified statement from the city legislative body, the county auditor shall compute and enter in the assessment book the municipal taxes on the property enumerated and assessed as being in the city, using the rate fixed by the city legislative body and the assessed value in the assessment book, at the time and in the manner that he computes and enters county taxes.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The taxes so levied shall be collected at the time and in the manner of county taxes and shall be paid into the county treasury. After deduction of the county’s compensation the net amount of the taxes shall be paid to the city.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: When delinquent city taxes, with costs and penalties, have been paid to the county treasurer or when property in the city has been sold for the nonpayment of city taxes and redeemed, and the money for the redemption paid to the county treasurer, the money collected shall be paid to the city, after deduction of the county’s compensation.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The net amounts of collections of current and delinquent taxes and redemptions shall be paid to the city monthly, or at such other times agreed upon between the city legislative body and the board of supervisors.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The collection of unpaid city taxes levied on property by the city shall be enforced by the sale of the property in the manner, at the time, and upon the penalties, of property sold for nonpayment of county taxes. Real property so sold may be redeemed within the time and upon the terms of property sold for the nonpayment of county taxes.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The county auditor shall apportion to the city the money paid for redemption, in the proportion which the tax due the city bears to the total tax for which the real property was sold.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The proper city officers shall perform all duties relative to the collection of city taxes, including delinquent taxes, levied prior to the effective date of the charter provision or ordinance, the enforcement of their payment, the sale of property for nonpayment and redemption from sale, pursuant to the laws in force in the city at such effective date.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: Upon the repeal of the city charter provision or ordinance the performance of city functions by county officers authorized by it shall cease.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The county officers shall perform all duties relative to the collection of city taxes, including delinquent taxes, levied prior to the repeal, the enforcement of their payment, and the sale of property for nonpayment, and redemption from sale, pursuant to the laws applicable to county taxes.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: The compensation paid the county for the services shall be filed by agreement between the board of supervisors and the city legislative body. Not more than 1 percent shall be charged for collecting the first twenty-five thousand dollars ($25,000), and not more than one-fourth of 1 percent for all sums over that amount. The compensation shall be paid into the county salary fund.

history: (History: Amended by Stats. 1965, Ch. 1994.)

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: Notwithstanding any provision of this article relating to compensation paid to the county for assessing and collecting taxes for a city the board of supervisors may, upon a finding of public interest, perform such assessment and collection services for a city without compensation from such city; provided, that, in a county having a population of 4,000,000 or more, the county shall perform such assessment and collection services for a city without compensation from such city; provided, further, that in any county in which all cities agree to use of the county assessment roll and agree to permit the county to perform such assessment and collection functions, the county shall perform such assessment and collection services for the cities without compensation from such cities.

title: 5. LOCAL AGENCIES

article: 2. Chartered Cities


text: Where the duties of assessing property and collecting city taxes are performed for a city by the county assessor and the county tax collector in a manner provided by law, cities and counties may enter into an agreement whereby special assessments may be collected at the same time and in the same manner as county taxes are collected and all laws applicable to the levy, collection and enforcement of county taxes shall be and are hereby made applicable to such special assessments. The amount of the compensation to be paid a county for the collection of such assessments shall be provided for in the agreement.

history: (History: Added by Stats. 1957, Ch. 793.)

title: 5. LOCAL AGENCIES

chapter: 4. Special Assessments

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 4. Special Assessments > 1. Collection of Special Assessments by County Officer


text:
The Legislature finds and declares that the County of Sacramento, due to the small number of incorporated cities within the county, the large unincorporated urban area of the county, the comparative compactness and physical uniformity of the county, and the absence of competing municipal interests, is uniquely suited for a program of local government reorganization to be voted on by the electorate of the county.

The Legislature further finds and declares that the County of Sacramento contains over 127 separate governmental entities, including special districts, which often perform duplicatory or specialized functions and which proliferate taxing and spending agencies of government, and diffuse responsibility for programs and actions in response to urban problems of the county.

history: (History: Added by Stats. 1973, Ch. 972.)

title: 5. LOCAL AGENCIES

chapter: 5. Local Government Reorganization

article: 1. Findings and Declarations of Policy

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 5. Local Government Reorganization > 1. Findings and Declarations of Policy


text: It is further found and declared that local government must be responsive and its elected officials readily accountable to the needs of the people; it must be visible and representative in order to permit greater participation in governmental affairs by the public; and elected and appointed officials should have more clearly defined areas of responsibility and authority, so that the people may have more success in seeking action and redress from their government.

title: 5. LOCAL AGENCIES

article: 1. Findings and Declarations of Policy


text: It is further found and declared that in order to strengthen and make more efficient and responsive the overall administrative process of local government, administrative and executive authority in Sacramento County should be clearly defined and responsibility established under a single general purpose government, subject to approval of the electorate.

title: 5. LOCAL AGENCIES

article: 1. Findings and Declarations of Policy


text: The Legislature finds that a general statute cannot be made applicable to this matter because of the facts and circumstances peculiar to the local governmental jurisdictions within the County of Sacramento. Therefore, the provisions of this chapter shall be applicable only to the County of Sacramento and the incorporated cities and special districts within the County of Sacramento, and are intended to implement, for the County of Sacramento and the cities and special districts within the county, the provisions of Article XI of the California Constitution providing for consolidation of a county with cities within the county.

title: 5. LOCAL AGENCIES

article: 1. Findings and Declarations of Policy


text: Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 5. Local Government Reorganization > 2. Definitions and General Provisions


text: “Largest city” means the largest city in Sacramento County as determined by the last federal census.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “Other cities” mean the cities in Sacramento County with lesser population than the largest city.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “Cities” mean all of the cities within Sacramento County.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “County” means the County of Sacramento.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “City-County of Sacramento” means the City and the County of Sacramento resulting from the reorganization of local government within Sacramento County.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “Charter commissioners” shall mean the Citizens Committee on Local Governmental Reorganization, an existing nonprofit corporation and citizens’ committee established by the county and largest city to formulate a proposal and charter for governmental reorganization for presentation to the electorate.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: “Reorganize” and “reorganization” means the consolidation of a county with all of the cities within the county pursuant to Article XI of the California Constitution.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: The incorporated cities within the County of Sacramento and the County of Sacramento may be reorganized pursuant to the provisions of this chapter.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: When reorganization proceedings are followed pursuant to this chapter, this chapter alone applies.

title: 5. LOCAL AGENCIES

article: 2. Definitions and General Provisions


text: Reorganization proceedings pursuant to this chapter shall be deemed to have commenced with the appointment of the charter commissioners by the county and largest city.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 5. Local Government Reorganization > 3. Reorganization Proceedings


text: The charter commissioners shall propose a charter for the government of the City-County of Sacramento. The charter so prepared shall be signed by a majority of the charter commissioners and shall be filed in the office of the clerk of the largest city and in the office of the county clerk. The legislative body of the county shall, within 15 days after such filing, cause such charter to be published once in a newspaper of general circulation printed and published in the county and in each edition thereof, during the day of publication.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The legislative body of the county shall cause copies of the charter to be printed in convenient pamphlet form and in type of not less than 10-point and shall cause copies to be mailed to each of the qualified electors of the county and cities, and shall, until the day fixed for the election upon reorganization and adoption of the charter, advertise in one or more newspapers of general circulation in the county a notice that copies may be had upon application therefor.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The proposed charter shall be submitted to the electors of the entire county (including all cities) at a date to be fixed by the charter commissioners before filing the proposed charter, either at a special election held not less than 60 days from the completion of the publication of such charter as provided in Section 51921, or at the general election next following the expiration of said 60 days.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: In submitting any such charter, the charter commissioners may also submit separate propositions, whether alternative or conflicting, or one included within the other, at the same time to be voted on by the electors separately, and, as between those so related, if more than one receives a majority of the votes, the proposition receiving the largest number of votes shall control as to all matters in conflict.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The charter as adopted at the election by a majority of the electors of the entire county (including all cities) voting thereon and by a majority of the electors of the largest city voting thereon shall be the governing law of the reorganized city-county.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: At the election, the questions of reorganization and adoption of a charter shall both be presented as provided in Section 51929. In addition, there shall also be presented to the voters of each of the other cities as a separate proposition, as provided in Section 51929.5, the question of whether the city should retain its existing local governmental structure under the reorganized government as set forth in the charter. This separate question shall follow on the ballot the propositions submitting the charter and separate charter proposals, if any.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The legislative body of the county shall cause notice of the election to be given by publication in a newspaper of general circulation printed and published in the county, at least once a week for the four weeks prior to the election.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text:
The notice shall:

(a) State distinctly the proposition or propositions to be submitted.

(b) State the names of the cities and the county proposed to be consolidated in a reorganized government.

(c) State the date of the election.

(d) Instruct the electors how to vote in the election.

(e) Designate the voting precincts and places at which polls will be open.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text:
Upon the ballots used at the election shall be printed the words: “Shall the city (or cities) of (naming them) and the County of Sacramento be reorganized and consolidated and shall the proposed Charter of the City-County of Sacramento be adopted as the governing law of the City-County of Sacramento?”

To the right of or below these words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. Each proposition separately submitted shall also be similarly presented to the electors.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 17. (AB 1512) Effective January 1, 2026.)

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: Upon the ballots used at the election within each of the other cities proposed to be reorganized and consolidated with the County of Sacramento shall also be printed the words as a separate question or proposition: “If the proposed Charter of the City-County of Sacramento is adopted as the governing law of the City-County of Sacramento, shall the City of ____ retain its local governmental structure?”

history: (History: Amended by Stats. 1990, Ch. 490, Sec. 2. Effective August 10, 1990.)

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The charter of the city-county adopted pursuant to this chapter shall contain provisions which recognize the right of the voters of the other cities to elect to retain their own local governmental structure within the governmental structure of the city-county.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: If, voting on a proposition presented pursuant to Section 51929, an elector marks the voting target next to the word “Yes,” the elector’s vote shall be counted for reorganization and charter adoption, and if the elector marks the voting target next to the word “No,” the elector’s vote shall be counted against reorganization and charter adoption.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 18. (AB 1512) Effective January 1, 2026.)

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: On each proposition separately submitted, including the proposition presented pursuant to Section 51929.5, if an elector marks the voting target next to the word “Yes,” the elector’s vote shall be counted for the adoption of the proposition, and if the elector marks the voting target next to the word “No,” the elector’s vote shall be counted against the adoption of the proposition.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 19. (AB 1512) Effective January 1, 2026.)

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: Except as otherwise provided in this article, the election, if a special election, shall be conducted as other special elections in the county or, if a general election, as other general elections in the county. Notwithstanding any other provision of law, the analysis of the proposed charter, prepared pursuant to Section 9160 of the Elections Code, shall not exceed 1,500 words.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 76. Effective January 1, 1995.)

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: After performing their duties, the election officers shall deliver the ballots, tally sheets, and returns to the clerk of the county.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: At its next regular meeting following the election, the legislative body of the county shall canvass the returns. The canvass shall be completed at the meeting if practicable, or as soon as possible thereafter, avoiding adjournments.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: Immediately upon the completion of the canvass, the legislative body of the county shall declare the results and cause a record to be entered upon its minutes, stating the proposition or propositions submitted, the number of votes cast, and the number of votes cast for and against reorganization and the adoption of the charter and on each separately stated proposition. The votes cast for and against each question in each city shall also be stated.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: If a majority of the votes cast in the largest city or if a majority of the votes in the county as a whole (including the largest city and the other cities) is against reorganization and charter adoption, reorganization shall not be accomplished, the charter shall not be adopted, and proceedings for the reorganization of the cities and county shall not be initiated within fifteen (15) days after the result of the election has been declared.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: If a majority of the votes cast in both the largest city and in the county as a whole (including the largest city and the other cities) is for consolidation and charter adoption, reorganization shall be deemed approved and the charter adopted, and the clerk of the legislative body of the county shall forthwith prepare under seal, and deliver to the clerk of the legislative body of each of the cities and to the county clerk, a copy in duplicate of the record of the canvass, with a statement of the proposition or propositions submitted, at the election.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: A copy of the record of the canvass, with a statement of the proposition or propositions submitted at the election shall be filed with the Secretary of State.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: Upon the filing with the Secretary of State of the Charter of the consolidated City-County of Sacramento which has been approved by the Legislature pursuant to Section 3 of Article XI of the California Constitution, the reorganization is complete and the cities and counties are reorganized and consolidated into the City-County of Sacramento as provided in the charter and in accordance with Sections 51939.1 and 51940.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The provisions of Sections 51940 through 51947, inclusive, shall not apply to any of the other cities which has voted, pursuant to Section 51929.5, to retain its existing local governmental structure, or to any districts such as special assessment districts created by and governed by the legislative bodies of such other cities; provided, however, that the Charter of the City-County of Sacramento shall have effect throughout the entire county with respect to county government powers and jurisdiction.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: The procedures set forth in this article shall have validity and effect and shall be followed only in the event that an amendment to the California Constitution is adopted by the voters of the state as proposed in Assembly Constitutional Amendment No. 91 of the 1973 legislative session.

title: 5. LOCAL AGENCIES

article: 3. Reorganization Proceedings


text: Upon reorganization, the cities are deemed dissolved and disincorporated and are merged together with the county into the City-County of Sacramento, and the charter of the largest city and the charter of the county shall be deemed repealed. The City-County of Sacramento is a charter city and a charter county. Its charter city powers supersede conflicting charter county powers.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 5. Local Government Reorganization > 4. Effects of Reorganization


text: Upon reorganization every special district within the county or exercising all or any part of its jurisdiction or powers within the county except as may be otherwise provided in the charter, is deemed dissolved. The functions of all such dissolved districts shall be assumed by the city-county government, except as may be otherwise provided in the charter. The provisions of Section 51942, 51943, 51944, and 51945 shall be applicable to the merger of every such special district merged with the city-county pursuant to this charter.

history: (History: Amended by Stats. 1974, Ch. 727.)

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: When cities and a county are reorganized pursuant to this chapter, the reorganized city-county is the successor of each of the cities and the county so consolidated. Upon reorganization, the title to any property owned or held by, or in trust for, each of the cities and the county, or by their officers or boards in trust for public use, shall be vested in the city-county, or its officers or boards, except as may be otherwise provided in the charter.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: Immediately upon reorganization, all persons occupying or possessing the offices of each of the cities and the county shall surrender them to the proper officers of the city-county, except as may be otherwise provided in the charter.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: Except as otherwise provided in the charter, reorganization does not affect any debts, demands, liabilities, or obligations of any kind existing in favor of or against the cities and the county, at the time of reorganization. Reorganization does not affect any pending action or proceeding involving any such debt, demand, liability, or obligation or any action or proceeding brought by or against any city or the county prior to reorganization. All such proceedings shall be continued and concluded, by final judgment or otherwise, as if reorganization had not been effected. All such rights or liabilities become the rights and liabilities of the city-county; provided, however, that the charter may provide for certain debts, demands, liabilities or obligations which are payable by assessments or ad valorem taxes on properties within a district or area (such as within a former district or city) to remain payable from such assessments or ad valorem taxes within such a district or area as though reorganization had not occurred.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: The legislative body of the city-county shall levy and collect the taxes necessary to pay the indebtedness or liability of each city and the county incurred prior to reorganization within the city or the county which incurred such indebtedness, except as may be otherwise provided in the charter.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: Notwithstanding any provision to the contrary in Chapter 1.5 (commencing with Section 2161), Part 4, Division 1, of the Revenue and Taxation Code, the charter shall contain provisions either establishing a limitation on the combined ad valorem property tax rate and increases in such tax rate which may be levied by the city-county and reorganized local jurisdictions under said charter or establishing a method to limit such combined ad valorem property tax rate or increases in such tax rate, to the extent that the California Constitution or state law applicable to the city-county from time to time may require such a limitation on the ad valorem property tax rate and increases in such rate by the city-county.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: Immediately upon reorganization, all ordinances of the cities and the county shall be deemed repealed. Such repeal shall not discharge any person from any existing civil or criminal liability, nor affect any pending prosecution for violation of any such ordinances, nor affect vested rights created pursuant to said ordinances. The charter may provide that ordinances of any city, reorganized and consolidated, or the county shall remain in effect and shall be applicable throughout the city-county until repealed by the legislative body of the city-county.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text:
The repeal of ordinances pursuant to Section 51947 shall not apply to:

(a) Ordinances under which vested rights have accrued to the extent legally necessary to protect said vested rights.

(b) Ordinances relating to proceedings for street or other public improvements, to the extent legally necessary to preserve said proceedings completed or pending.

(c) Proceedings for opening, extending, widening, straightening, or changing the grade of streets or other public places.

These proceedings shall be continued and conducted by the city-county, with the same effect as if continued and conducted by the city or county which commenced them.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: Upon reorganization, the charter of the city-county shall have full effect throughout the city-county. The charter shall recognize the status of each of the other cities which have voted to retain their local governmental structure pursuant to Article 3 or their governmental independence pursuant to Article 3.5, whichever is applicable. The charter may provide for subgovernments, different tax rates, and other differences in taxation, services, costs of government and levels of service, and type of government representation and administration in different areas of the city-county.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: If reorganization is completed, all proper expenses of reorganization proceedings not otherwise provided for shall be paid by the county. If reorganization is not completed, the county shall pay the expenses of calling and holding any election within it at which the question of consolidation was submitted.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: One copy of the charter ratified and approved in accordance with the provisions of this article shall be filed with the Secretary of State and one with the recorder in the city-county; and thereafter the courts shall take judicial notice of the provisions of such charter.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: This chapter shall not be construed to prevent any consolidated city-county from framing and adopting a new or revised charter after consolidation in which case the provisions of Chapter 3 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 shall be applicable.

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: The charter may provide for the manner in which any of the other cities which has elected to retain its local governmental structure pursuant to Article 3 (commencing with Section 51920) or its governmental independence pursuant to Article 3.5 (commencing with Section 51939.50), whichever is applicable, may at any time become consolidated and merged into the city-county government following a majority vote of its voters voting thereon.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 73.)

title: 5. LOCAL AGENCIES

article: 4. Effects of Reorganization


text: This chapter may be cited as the Community Energy Authority Act.

history: (History: Added by Stats. 1984, Ch. 1550, Sec. 1.)

title: 5. LOCAL AGENCIES

chapter: 1. Community Energy Authority

article: 1. General Provisions

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 1. General Provisions


text: It is the intent of the Legislature in enacting this part to provide the means by which a county or city can plan and implement a comprehensive energy strategy that will assist in planning energy projects and uses that will encourage energy efficiency and conservation in new and existing construction and will also minimize the impact of future energy price increases on financially disadvantaged low- and moderate-income households as well as adversely affecting the stability of the local economy.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “Authority” means a community energy authority created pursuant to this chapter.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “City” means any city or city and county.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “County” means any county.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “Governing body” means the city council in the case of a city or the board of supervisors in the case of a county.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text:
“Area of operation” means either of the following:

(a) In the case of an authority created by a city, the area within its boundaries. It does not include any area which lies within another city unless the governing body of the other city has consented by resolution or ordinance. It does not include any area which lies within the unincorporated area of any county.

(b) In the case of an authority created by a county, all of the county except the area within any city.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “Federal government” means the United States, or any agency or instrumentality of the United States.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “Energy project” means any project within the city’s or county’s boundaries that directly or indirectly involves a substantial use of energy in its operation, except that this part does not apply to any work or project undertaken within the city or county by a privately owned public utility to maintain or extend service to its customers or subscribers.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: “Bond” means any bonds, notes, certificates of participation, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: If any provision of this chapter or its application to any person or circumstance is held invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: This chapter shall be interpreted liberally to effect its purposes.

title: 5. LOCAL AGENCIES

article: 1. General Provisions


text: The governing body of any county or city may, by resolution or ordinance, create a community energy authority.

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 2. Creation of Community Energy Authorities


text:
(a) The governing bodies of any two or more cities or counties or any combination thereof may by agreement create an area energy authority. Each governing body that is a party to such an agreement shall appoint two persons as commissioners of the authority, and the governing bodies shall jointly appoint one commissioner at large, and, upon appointment of all required commissioners, the area energy authority shall be authorized to exercise all of the powers which a community energy authority is authorized to exercise.

(b) Commissioners appointed pursuant to subdivision (a) shall serve at the pleasure of the governing bodies which appointed them.

(c) A majority of the commissioners of an area energy authority constitutes a quorum for the purpose of conducting business and exercising its powers and for all other purposes. Action may be taken by the area energy authority upon a vote of a majority of the commissioners.

(d) The commissioners shall select a chairperson from their number.

title: 5. LOCAL AGENCIES

article: 2. Creation of Community Energy Authorities


text: The area of operation of an authority created pursuant to Section 52031 shall be the combined possible areas of operation of participating cities and counties, as determined by Section 52007.

title: 5. LOCAL AGENCIES


text: As an alternative to Section 52032, two or more governing bodies may jointly exercise any power under this chapter pursuant to a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1.

title: 5. LOCAL AGENCIES


text: The members of the governing body shall, ex officio, be the commissioners of the authority except in the case of an area energy authority, as provided by Section 52031.

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 3. Officers and Employees


text: The powers and functions of an authority are vested in its commissioners.

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: A majority of the commissioners constitutes a quorum for purposes of conducting the business of the authority. The commissioners shall act by majority vote thereof.

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: The authority may adopt rules and regulations not in conflict with law.

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: The records of the authority shall be open to public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 192. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: The commissioners shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the chairperson or by two commissioners, and notice thereof shall be mailed to each commissioner and posted in a public place at least 48 hours before the meeting. All meetings of an authority shall be open and public in accordance with the Ralph M. Brown Act (Chapter 5 (commencing with Section 54950) of Part 1).

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: The authority may create advisory committees as deemed necessary for any purpose of the authority.

title: 5. LOCAL AGENCIES

article: 3. Officers and Employees


text: As an alternative to serving as the commissioners of the authority, the governing body of any county or city, at the time of the adoption of a resolution or ordinance pursuant to Section 52030 or at any time thereafter, may appoint other persons as commissioners of the authority. The governing body shall, in this case, specify the number and appointment of commissioners, except that there shall be not less than three commissioners. The governing body shall prescribe the powers and functions delegated to commissioners appointed under this article.

title: 5. LOCAL AGENCIES

article: 4. Alternative Officers

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 4. Alternative Officers


text: A governing body of a county or city which has appointed commissioners pursuant to this article retains the power of review and approval of all actions of the authority and may, at any time by resolution or ordinance, determine that it shall resume control of the authority, in which event the appointed commissioners shall no longer function as such.

title: 5. LOCAL AGENCIES

article: 4. Alternative Officers


text: For purposes of the District Reorganization Act of 1965 (Division 1 (commencing with Section 56000) of Title 6), an authority, except as otherwise provided in this part, is a subsidiary district, as defined in Section 56073, to the governing body which created it. An authority has all the powers necessary to carry out the purposes of this chapter, except as limited by the governing body which created it. The governing body may use any of its powers on behalf of an authority which it created.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 5. Powers and Duties


text:
An authority may, subject to the approval of the governing body, do all of the following:

(a) Sue and be sued.

(b) Have a seal and alter it.

(c) Have a perpetual succession.

(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text:
Within its area of operation, an authority may do all of the following:

(a) Exercise all powers and authority related to energy projects designated by the governing body and deemed to be necessary and appropriate to carry out the responsibilities of the authority, including, but not limited to, assistance in planning energy projects and uses to encourage energy conservation in new and existing construction and to minimize future energy price increases.

(b) Coordinate or provide energy programs and services to the community, particularly to persons of low and moderate income and to smaller businesses.

(c) Apply for, accept, and utilize any available funds appropriate to the authority’s activities from federal, state, county, special district, or private sources.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text: An authority may, subject to approval by the governing body, contract for the furnishing by any person, business, public utility, or agency, public or private, including community-based organizations, of services.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text: To the extent feasible, an authority shall utilize the employees and services of the county or city for its operations. If the governing body determines that it is not feasible for the authority to utilize its employees or services, the governing body may authorize the authority to employ its own staff and to contract for services needed.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text: An authority shall apply for and obtain any permits, licenses, certificates, or approvals that may be necessary for an authority owned and operated energy project, and may construct, maintain, and operate energy projects in accordance with these licenses, permits, certificates, or approvals.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text:
An authority may, subject to the direction of the governing body, do all of the following:

(a) Conduct public hearings for all energy projects.

(b) Hold public hearings to review and approve all projects being developed within the community that involve a substantial use of energy and may impact the economic stability of the local economy, with particular attention to the impact on low- and moderate-income households.

(c) Exempt specific projects from the review process.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text: All energy projects shall be consistent with all state, regional, and local planning, zoning, sanitary, safety, and building laws, ordinances, and regulations applicable to the jurisdiction in which the project is located.

title: 5. LOCAL AGENCIES

article: 5. Powers and Duties


text: An authority may issue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2), except that, notwithstanding Section 54309, 54309.1, 54310, or 54311, an authority may issue bonds to finance an energy project under this part.

title: 5. LOCAL AGENCIES

article: 6. Bonds

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 6. Bonds


text: All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 except as provided therein, or by other statutes or regulations expressly applicable thereto. Claims, the risk or hazard of which are covered by insurance pursuant to the authorization of subdivision (c) of Section 52106 and which have been presented in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1, may be referred to the carrier insuring against that risk or hazard for further action in accordance with the procedure specified by the authority.

title: 5. LOCAL AGENCIES

article: 7. Claims

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 7. Claims


text: It has been found and declared by the Legislature that the activities of an authority constitute an important governmental function and are for public uses and purposes and are governmental functions of state concern. As a matter of legislative determination, it is hereby found and declared that the property, projects, and bonds of an energy authority are of such character as shall be exempt from taxation.

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 8. Tax Exemption of Community Energy Authority


text: The property of an authority is exempt from all taxes and special assessments of the state or any city, county, or political subdivision of the state. In lieu of these taxes or special assessments the authority may agree to make payments to any city, county, or political subdivision of the state for services, improvements, or facilities furnished by the city, county, or political subdivision for the benefit of an energy project owned by the authority.

title: 5. LOCAL AGENCIES

article: 8. Tax Exemption of Community Energy Authority


text: The bonds of an authority are issued for an essential public and governmental purpose, and, together with interest thereon and income therefrom, are exempt from all taxes.

title: 5. LOCAL AGENCIES


text: Nothing in this act allows an authority to acquire or operate any public utility facilities or property employed in the generation, transmission, or distribution of gas, electricity, steam, or water, except by mutual agreement between the authority and the public utility.

title: 5. LOCAL AGENCIES

article: 9. Prohibitions

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. Community Energy Authority > 9. Prohibitions


text:
It is the intent of the Legislature to do all of the following:

(a) Promote economic development on a local level so that communities can enact local strategies to increase jobs, create economic opportunity, and generate tax revenue for all levels of government.

(b) Give local governments tools, at no cost to the state, that allow local governments to use their funds in a manner that promotes economic opportunity.

(c) With the loss of redevelopment funds, cities, counties, and cities and counties need to continue certain powers afforded to redevelopment agencies that were critical to economic development, yet do not have an impact on schools and the state budget.

history: (History: Added by Stats. 2013, Ch. 659, Sec. 1. (SB 470) Effective January 1, 2014.)

title: 5. LOCAL AGENCIES

chapter: 1. General Provisions

path: 5. LOCAL AGENCIES > 1. CITIES AND COUNTIES > 1. General Provisions


text:
As used in this part, “economic opportunity” means any of the following:

(a) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that create, retain, or expand new jobs, in which the legislative body finds that the agreement will create or retain at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of city, county, or city and county investment in the project after full capacity and implementation.

(b) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that increase property tax revenues to all property tax collecting entities, in which the legislative body finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity.

(c) Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment.

(d) Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans.

(e) Transit priority projects, as defined in Section 21155 of the Public Resources Code.

history: (History: Amended by Stats. 2016, Ch. 503, Sec. 1. (AB 806) Effective January 1, 2017.)

title: 5. LOCAL AGENCIES


text:
It is declared to be the policy of the state:

(a) To protect and promote the sound development of economic opportunity in cities and counties and the general welfare of the inhabitants of those communities through the employment of all appropriate means.

(b) That whenever the creation of economic opportunity in cities and counties cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to advance or expend public funds for these purposes, and to provide a means by which economic opportunity can be created.

(c) That the creation of economic opportunity and the provisions for appropriate continuing land use and construction policies with respect to property acquired, in whole or in part, for economic opportunity constitute public uses and purposes for which public money may be advanced or expended and private property acquired, and are governmental functions of state concern in the interest of health, safety, and welfare of the people of the state and cities and counties.

(d) That the necessity in the public interest for the provisions of this part is declared to be a matter of legislative determination.

title: 5. LOCAL AGENCIES


text:
(a) (1) This part shall not be interpreted to authorize the use of eminent domain for economic development purposes.

(2) For the purposes of this part, a city, county, or city and county shall not sell, lease, or otherwise transfer, at a price that is less than the fair market value, any real property that was acquired through eminent domain. This prohibition shall not apply to either of the following:

(A) Any real property governed by a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code.

(B) Any housing asset transferred to a city, county, or city and county pursuant to paragraph (1) of subdivision (a) of Section 34176 of the Health and Safety Code or subdivision (c) of Section 34181 of the Health and Safety Code, provided that the successor agency or the designated local authority in the affected jurisdiction has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code.

(b) The creation of an economic opportunity pursuant to this part shall be subject to the provisions of Section 53083.

(c) The provisions of this part shall be an alternative to any authority of a city, county, or city and county to create an economic opportunity or to acquire, sell, or lease property for economic development, found in the Constitution, state law, local ordinance, or charter. This part does not limit, or in any way affect, the application of any other such laws.

history: (History: Amended by Stats. 2016, Ch. 503, Sec. 2. (AB 806) Effective January 1, 2017.)

title: 5. LOCAL AGENCIES