SB 852 – Local Agencies Are Authorized To Create Climate Resilience Districts To Address Climate Change Effects And Impacts

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 18, 2022

Senate Bill 852 creates the Climate Resilience Districts Act which authorizes local agencies to create climate resilience districts to address climate change effects and impacts.  The districts must be formed for the purpose of raising and allocating funding for and the operating expenses of projects designed and implemented to address climate change mitigation, adaptation, or resilience.  The climate resilience districts are limited to funding projects that address sea level rise, extreme heat, extreme cold, and the risk of wildfire, drought, and the risk of flooding.

The climate resilience districts are required to follow specified project priorities, and specified requirements for each project, and require those performing the work to use a skilled and trained workforce.

SB 852 deems climate resilience districts an enhanced infrastructure financing districts and requires each climate resilience district to comply with existing laws concerning enhanced infrastructure financing districts. This would also require participating local entities to adopt resolutions allocating tax revenues to the climate resilience district that comply with existing law.

SB 852 also grants the climate resilience districts certain powers related to financing such as levying a benefit assessment, special tax, property-related fee, or other service charge or fee consistent with the requirements of the California Constitution.  SB 853 requires climate resilience districts to prepare and review specified plans and budgets on an annual basis, to prepare an annual expenditure plan, an operating budget, and a capital improvement budget, and would require this material to be adopted by the governing body of the district and subject to review and revision at least annually.

SB 852 deems the Sonoma County Regional Climate Protection Authority a climate resilience district and grants this district the authority and powers available to such a district.  However, Sonoma County Regional Climate Protection Authority may not use any tax increment revenue unless it complies with the requirements for receiving and using tax increment revenue applicable to a new climate resilience district.

(SB 852 adds Division 6 (commencing with Section 62300) to Title 6 of the Government Code.)

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