California Government Code 62302 – For purposes of this division:(a) “District” means a climate …
For purposes of this division:
(a) “District” means a climate resilience district formed pursuant to this division.
Terms Used In California Government Code 62302
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
- County: includes city and county. See California Government Code 19
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(b) (1) “Eligible project” means a project, including a capital project, that is designed and implemented to address climate change mitigation, adaptation, or resilience, including, but not limited to, all of the following:
(A) A project that addresses river, bay, or sea level rise, or rising groundwater, including wetlands or marsh restoration, vegetated dunes, living shorelines, erosion control, or levees.
(B) A project that addresses extreme heat or the urban heat island effect, including increasing shade, deploying cool building and surface materials, using cool pavements; constructing, improving, or modifying new or existing facilities; or increasing access to cooling opportunities.
(C) A project that addresses extreme cold, rain, or snow, including constructing, improving, or modifying new or existing facilities.
(D) A project that addresses the risk of wildfire, including establishing fire breaks, prescribed burning, structure hardening, or vegetation control.
(E) A project that addresses drought, including multiuse land repurposing, groundwater replenishment, groundwater storage, or conjunctive use.
(F) A project that addresses the risk of flooding, including structure elevation or relocation, wetlands restoration, flood easements or bypasses, or levees.
(2) At a minimum, a district shall give priority to a project that does any of the following:
(A) Utilizes natural infrastructure, as defined in paragraph (3) of subdivision (c) of § 71154 of the Public Resources Code, to address climate change adaptation or resilience based upon the best available science.
(B) Addresses the needs of under-resourced communities, as defined in subdivision (g) of § 71130 of the Public Resources Code, or vulnerable communities, as defined in subdivision (d) of § 71340 of the Public Resources Code.
(3) A district may adopt additional priorities for projects.
(4) A district shall seek the input of the communities specified in subparagraph (B) of paragraph (2) in the planning, development, and implementation of projects.
(c) “Participating entity” means a city, county, or special district that meets both of the following:
(1) The city, county, or special district is an affected taxing entity within the climate resilience district.
(2) The city, county, or special district adopts a resolution pursuant to subdivision (b) of Section 62304 that is applicable to its territory located within the climate resilience district.
(d) “Participating member city or county” means a city or county that does not adopt a resolution to be a participating entity, as described in subdivision (c), and alternatively adopts a resolution at a noticed public hearing stating that it agrees to participate in, and have its territory subject to, the jurisdiction, powers, and authority of the district conditioned upon the city or county also being represented on the governing body of the district pursuant to Section 62305.
(e) (1) “Property tax increment” means that portion of the ad valorem taxes, as defined under subdivision (a) of Section 1 of XIII A of the California Constitution, excluding any ad valorem taxes or assessments levied pursuant to subdivision (b) of Section 1 of XIII A of the California Constitution, divided pursuant to Section 53398.75.
(2) Except as otherwise specified in this division, a district formed pursuant to this division is hereby deemed to also be an enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5 and shall be subject to statutory provisions for enhanced infrastructure financing districts.
(Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)