Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 0.5. Implementation of Article XIII A of the California Constitution

Chapter 3. New Construction

Chapter 3. New Construction

70. "Newly constructed"; "new construction." (a) "Newly constructed" and "new construction" means:

(1) Any addition to real property, whether land or improvements, including fixtures, since the last lien date; and

(2) Any alteration of land or of any improvement, including fixtures, since the last lien date that constitutes a major rehabilitation thereof or that converts the property to a different use.

(b) Any rehabilitation, renovation, or modernization that converts an improvement or fixture to the substantial equivalent of a new improvement or fixture is a major rehabilitation of that improvement or fixture.

(c) Notwithstanding subdivisions (a) and (b), where real property has been damaged or destroyed by misfortune or calamity, "newly constructed" and "new construction" does not mean any timely reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. Any reconstruction of real property, or portion thereof, that is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion that exceeds substantially equivalent reconstruction shall have a new base year value determined pursuant to Section 110.1.

(d) (1) Notwithstanding the provisions of subdivisions (a) and (b), where a tank must be improved, upgraded, or replaced to comply with federal, state, and local regulations on underground storage tanks, "newly constructed" and "new construction" does not mean the improvement, upgrade, or replacement of a tank to meet compliance standards, and the improvement, upgrade, or replacement shall be considered to have been performed for the purpose of normal maintenance and repair.

(2) Notwithstanding subdivisions (a) and (b), where a structure, or any portion thereof, was reconstructed, as a consequence of completing work on an underground storage tank to comply with federal, state, and local regulations on these tanks, timely reconstruction of the structure shall be considered to have been performed for the purpose of normal maintenance and repair where the structure, or portion thereof, after reconstruction is substantially equivalent to the prior structure in size, utility, and function.

History.—Stats. 1983, Ch. 1187, in effect January 1, 1984, operative June 5, 1984, added subdivision (d). Stats. 1999, Ch. 352 (SB 933), in effect September 7, 1999, substituted "that" for "such" after "rehabilitation of" in the first sentence of subdivision (b), added subdivision (e), and substituted "that" for "which" throughout text. Stats. 2001, Ch. 330 (AB 184), in effect September 25, 2001, substituted "not later than six months after the completion of the project" for "on or before the following April 15" after "assessor" in the second sentence, deleted the former third sentence which provided that "The provisions of this subdivision shall not apply to any structure for which a certificate is not filed.", and added the third sentence to paragraph (3) of subdivision (d). Stats. 2008, Ch. 336 (SB 111), operative June 9, 2010, added a comma after "or improvements" and deleted parentheses around "including fixtures" in the first sentence of paragraph (1) and replaced parentheses around "including fixtures" with commas in the first sentence of paragraph (2) of subdivision (a); deleted "the provisions of" after "Notwithstanding" in the first sentence of subdivision (c); deleted former subdivision (d) which related to a 15 year new construction exclusion for seismic safety improvements to unreinforced masonry buildings; and relettered former subdivision (e) as (d) and deleted "the provisions of" after "Notwithstanding" in the first sentence of paragraph (2) therein.

Note.—Section 2 of Stats. 1983, Ch. 1187, provided that no appropriation is made and no reimbursement is required by this act. Sec. 3 thereof provided the provisions of this act shall become operative only if Senate Constitutional Amendment No. 14 of the 1983–84 Regular Session of the Legislature is approved by the voters.

Note.—Section 3 of Stats. 2001, Ch. 330 (AB 184) provided that notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. Sec. 4 therein provided that this act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Note.—Section 5 of Stats. 2008, Ch. 336 (SB 111), provided that the provisions of this act shall become operative only if Senate Constitutional Amendment 4 of the 2007–08 Regular Session is approved by the voters and, in that event, shall become operative on the date upon which this act is chaptered or the effective date of that measure, whichever is later.

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71. New base year value. The assessor shall determine the new base year value for the portion of any taxable real property which has been newly constructed. The base year value of the remainder of the property assessed, which did not undergo new construction, shall not be changed. New construction in progress on the lien date shall be appraised at its full value on such date and each lien date thereafter until the date of completion, at which time the entire portion of property which is newly constructed shall be reappraised at its full value.

Construction.—Property Tax Rule 463, which provides that if a given unit within a multiple structure development is capable of being occupied and utilized without regard to the completion of the remaining structures, a base year date and value should be set at that time, is consistent with the Legislature's intent in enacting Section 71, which requires a reappraisal of the "entire portion of property which is newly constructed." And Rule 463(e), which defines "date of completion" of new construction as "the date the property or portion thereof is available for use," giving consideration to the date of the final inspection by the appropriate governmental official, the date the prime contractor fulfills all contract obligations, or the date of the completion of testing of machinery and equipment, comports with Section 71, which requires that new construction be reappraised at the date of completion. Pope v. State Board of Equalization, 146 Cal.App.3d 1132. The date of completion of new construction for purposes of assessing real property taxes pursuant to Article XIII A of the Constitution is the date the property or portion thereof is available for use. Frederick v. Sonoma County, 176 Cal.App.3d 1243.

72. Copies of building permits, occupancy certificates, building plans, and maps. (a) A copy of any building permit issued by any city, county, or city and county shall be transmitted by each issuing entity to the county assessor as soon as possible after the date of issuance.

(b) A copy of any certificate of occupancy or other document that shows the date of completion of new construction issued or finalized by any city, county, or city and county, shall be transmitted by each entity to the county assessor within 30 days after the date of issuance or finalization.

(c) At the time an assessee files, or causes to be filed, an approved set of building plans with the city, county, or city and county, a scale copy of the floor plans and exterior dimensions of the building designated for the county assessor shall be filed by the assessee or his or her designee. The scale copy shall be in sufficient detail to allow the assessor to determine the square footage of the building and, in the case of a residential building, the intended use of each room. The county assessor may require the floor plans be provided to the county assessor in an electronic format, if available. An assessee, or his or her designee, where multiple units are to be constructed from the same set of building plans, may file only one scale copy of floor plans and exterior dimensions, so long as each application for a building permit with respect to those building plans specifically identifies the scale copy filed pursuant to this section. However, where the square footage of any one of the multiple units is altered, an assessee, or his or her designee, shall file a scale copy of the floor plan and exterior dimensions that specifically identifies the alteration from the previously filed scale copy. The receiving authority shall transmit that copy to the county assessor as soon as possible after the final plans are approved.

(d) The board of supervisors of a county may enact, by a majority vote of its entire membership, an ordinance, resolution, or board order that requires the local agency that approves the tentative map or maps, and any conditions of approval for the tentative map or maps that are filed with a county or a city in that county, to submit a copy of the map or maps, and any conditions of approval for the tentative map or maps, to the county assessor as soon as possible after the map or maps are filed. The ordinance, resolution, or board order may require that the map or maps be provided to the county assessor in an electronic format, if available in that form.

History.—Stats. 1983, Ch. 498, in effect July 28, 1983, added The Subdivision letters and added subdivision (b). Stats. 1991, Ch. 510, in effect January 1, 1992, added subdivision (c). Stats. 2003, Ch. 604 (SB 1059), in effect January 1, 2004, substituted "issuing" for "such" after "transmitted by each" in the first sentence of subdivision (a); substituted "that shows the" for "showing" after "or other document" in the first sentence of subdivision (b); and added subdivision (d). Stats. 2004, Ch. 194 (SB 1832), in effect January 1, 2005, added ", resolution, or board order" after "ordinance" in the first and second sentence of subdivision (d). Stats. 2009, Ch. 204 (SB 823), in effect January 1, 2010, added the third sentence to subdivision (c).

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73. "Newly constructed"; "new construction"; exclusion. [Repealed by Stats. 1985, Ch. 878, in effect January 1, 1991.]

73. "Newly constructed"; "new construction"; exclusion. [Repealed by Stats. 1991, Ch. 28, in effect January 1, 1995.]

73. "Newly constructed"; "new construction"; exclusion. (a) Pursuant to the authority granted to the Legislature pursuant to paragraph (1) of subdivision (c) of Section 2 of Article XIII A of the California Constitution, the term "newly constructed," as used in subdivision (a) of Section 2 of Article XIII A of the California Constitution, does not include the construction or addition of any active solar energy system, as defined in subdivision (b).

(b) (1) "Active solar energy system" means a system that, upon completion of the construction of a system as part of a new property or the addition of a system to an existing property, uses solar devices, which are thermally isolated from living space or any other area where the energy is used, to provide for the collection, storage, or distribution of solar energy.

(2) "Active solar energy system" does not include solar swimming pool heaters or hot tub heaters.

(3) Active solar energy systems may be used for any of the following:

(A) Domestic, recreational, therapeutic, or service water heating.

(B) Space conditioning.

(C) Production of electricity.

(D) Process heat.

(E) Solar mechanical energy.

(c) For purposes of this section, "occupy or use" has the same meaning as defined in Section 75.12.

(d) (1) (A) The Legislature finds and declares that the definition of spare parts in this paragraph is declarative of the intent of the Legislature, in prior statutory enactments of this section that excluded active solar energy systems from the term "newly constructed," as used in the California Constitution, thereby creating a tax appraisal exclusion.

(B) An active solar energy system that uses solar energy in the production of electricity includes storage devices, power conditioning equipment, transfer equipment, and parts related to the functioning of those items. In general, the use of solar energy in the production of electricity involves the transformation of sunlight into electricity through the use of devices such as solar cells or other solar collecting equipment. However, an active solar energy system used in the production of electricity includes only equipment used up to, but not including, the stage of conveyance or use of the electricity. For the purpose of this paragraph, the term "parts" includes spare parts that are owned by the owner of, or the maintenance contractor for, an active solar energy system that uses solar energy in the production of electricity and which spare parts were specifically purchased, designed, or fabricated by or for that owner or maintenance contractor for installation in an active solar energy system that uses solar energy in the production of electricity, thereby including those parts in the tax appraisal exclusion created by this section.

(2) An active solar energy system that uses solar energy in the production of electricity also includes pipes and ducts that are used exclusively to carry energy derived from solar energy. Pipes and ducts that are used to carry both energy derived from solar energy and from energy derived from other sources are active solar energy system property only to the extent of 75 percent of their full cash value.

(3) An active solar energy system that uses solar energy in the production of electricity does not include auxiliary equipment, such as furnaces and hot water heaters, that use a source of power other than solar energy to provide usable energy. An active solar energy system that uses solar energy in the production of electricity does include equipment, such as ducts and hot water tanks, that is utilized by both auxiliary equipment and solar energy equipment, that is, dual use equipment. That equipment is active solar energy system property only to the extent of 75 percent of its full cash value.

(e) (1) Notwithstanding any other law, for purposes of this section, "the construction or addition of any active solar energy system" includes the construction of an active solar energy system incorporated by the owner-builder in the initial construction of a new building that the owner-builder does not intend to occupy or use. The exclusion from "newly constructed" provided by this subdivision applies to the initial purchaser who purchased the new building from the owner-builder, but only if the owner-builder did not receive an exclusion under this section for the same active solar energy system and only if the initial purchaser purchased the new building prior to that building becoming subject to reassessment to the owner-builder, as described in subdivision (d) of Section 75.12. The assessor shall administer this subdivision in the following manner:

(A) The initial purchaser of the building shall file a claim with the assessor and provide to the assessor any documents necessary to identify the value attributable to the active solar energy system included in the purchase price of the new building. The claim shall also identify the amount of any rebate for the active solar energy system provided to either the owner-builder or the initial purchaser by the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, an electrical corporation, a local publicly owned electric utility, or any other agency of the State of California.

(B) The assessor shall evaluate the claim and determine the portion of the purchase price that is attributable to the active solar energy system. The assessor shall then reduce the new base year value established as a result of the change in ownership of the new building by an amount equal to the difference between the following two amounts:

(i) That portion of the value of the new building attributable to the active solar energy system.

(ii) The total amount of all rebates, if any, described in subparagraph (A) that were provided to either the owner-builder or the initial purchaser.

(C) The extension of the new construction exclusion to the initial purchaser of a newly constructed new building shall remain in effect only until there is a subsequent change in ownership of the new building.

(2) The State Board of Equalization, in consultation with the California Assessors' Association, shall prescribe the manner, documentation, and form for claiming the new construction exclusion required by this subdivision.

(f) Notwithstanding any other law, the exclusion from new construction provided by this section shall remain in effect only until there is a subsequent change in ownership.

(g) This section applies to property tax lien dates for the 1999–2000 fiscal year to the 2015–16 fiscal year, inclusive.

(h) The amendments made to this section by the act that added this subdivision apply beginning with the lien date for the 2008–09 fiscal year.

(i)(1) This section shall remain in effect only until January 1, 2017, and as of that date is repealed.

(2) Active energy solar systems that qualify for an exclusion under this section prior to January 1, 2017, shall continue to be excluded on and after January 1, 2017, until there is a subsequent change in ownership.

History.—Added by Stats. 1998, Ch. 855 (AB 1755), in effect January 1, 1999. Stats. 2005, Ch. 193 (AB 1099), in effect September 6, 2005, substituted "applies" for "shall apply" after "This section" and substituted "1999–2000 fiscal year to the 2008–09 fiscal year" for "1999–2000 to 2004–05 fiscal years" in the first sentence and substituted "applies" for "shall apply" after "this section" in the second sentence of subdivision (d); substituted "2010" for "2006" after "January 1," and deleted ", unless a later enacted statute that is enacted before January 1, 2006, deletes or extends that date" after "date is repealed" in the first sentence of subdivision (e). Stats. 2008, Ch. 538 (AB 1451), in effect September 28, 2008, added subdivision (c) and (e); relettered former subdivisions (c), (d), and (e) as subdivisions (d), (f), and (h), respectively; substituted "solar collecting equipment" for "collectors" after "cells or other" in the second sentence and substituted "conveyance" for "the transmission" after "the stage of" in the third sentence of subparagraph (B) of paragraph (1) of subdivision (d); substituted "2015–16" for "2008–09" after "year to the" in the first sentence and deleted the second sentence, which read "For purposes of supplemental assessment, this section applies only to qualifying construction or additions completed on or after January 1, 1999." of subdivision (f); added subdivision (g); and substituted "2017" for "2010" after "January 1," in the first sentence of subdivision (h). Stats. 2011, Ch. 3 of the First Extraordinary Session (AB 15), in effect June 28. 2011, added ", upon completion of the construction of a system as part of a new property or the addition of a system to an existing property," after "system that" in the first sentence of paragraph (1) of subdivision (b); deleted "the" after "stage of" in the third sentence of subparagraph (B) of paragraph (1) of subdivision (d); added subdivision (f); relettered former subdivisions (f) and (g) as subdivisions (g) and (h), respectively; and relettered former subdivision (h) as (i) and added paragraph designation (1) to the first sentence therein and added paragraph (2).

Note.—Section 3 of Stats. 1998, Ch. 855 (AB 1755) provided that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the duties imposed on a local agency or school district by this act were expressly included in a ballot measure approved by the voters in a statewide election, within the meaning of Section 17556 of the Government Code.

Note.—Section 2 of Stats. 2005, Ch. 193 (AB 1099), provided that notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.

Note.—Section 1 of Stats. 2011, Ch. 3 of the 1st Extraordinary Session (AB 15), provided that the Legislature finds and declares all of the following:

(a) That Section 73 of the Revenue and Taxation Code was enacted to encourage and to provide incentives for the development of active solar energy systems by providing an exclusion from classification as newly constructed the construction or addition of active solar energy systems. In 2008, Section 73 of the Revenue and Taxation Code was amended to provide that this exclusion would apply to the initial purchaser from an owner-builder that incorporated an active solar energy system in the initial construction of the new building that the owner-builder did not intend to occupy or use, under specified circumstances.

(b) That newly constructed active solar energy systems are often sold or transferred in sale-leaseback arrangements, partnership flip structures, or other transactions to purchasers that may also be eligible for federal tax benefits. As long as the active solar energy system is newly constructed or added and another taxpayer has not received an exclusion for the same active solar energy system, it is the intent of the Legislature that the purchaser of the active solar energy system in a transaction such as that described above receive an exclusion.

(c) That newly constructed active solar energy systems that are constructed as freestanding or parking lot canopies, or that are constructed as installations on existing buildings qualify for the exclusion from classification as newly constructed under Section 73 of the Revenue and Taxation Code, including active solar energy systems sold in sale-leaseback transactions.

(d) That the amendments made to Section 73 of the Revenue and Taxation Code by this act do not constitute a change in, but are declaratory of, existing law.

Section 3 thereof provided that this act addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation on January 20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.

Section 4 thereof provided that this act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to timely clarify the application and requirements of the real property exclusion for active solar energy systems, it is necessary that this act take effect immediately.

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73.5. Water conservation equipment. [Repealed by Stats. 1993, Ch. 1058, in effect October 11, 1993.]

74. Fire sprinkler systems, extinguishing systems, etc. (a) For purposes of subdivision (a) of Section 2 of Article XIII A of the Constitution, "newly constructed" does not include the construction or installation of any fire sprinkler system, other fire extinguishing system, fire detection system, or fire-related egress improvement that is constructed or installed on or after November 7, 1984.

(b) Notwithstanding any other provision of this chapter or Chapter 3.5 (commencing with Section 75), neither "newly constructed" nor "new construction" includes the construction or installation of any fire sprinkler system, other fire extinguishing system, fire detection system, or fire-related egress improvement that is constructed or installed on or after November 7, 1984.

(c) For purposes of this section:

(1) "Fire sprinkler system" means any system intended to discharge water for the purpose of suppressing or extinguishing a fire, and includes a fire sprinkler system that derives its water from the domestic water supply of the building or structure of which it is a part.

(2) "Other fire extinguishing system" means any system intended to suppress or to extinguish a fire other than by discharging water upon the fire. An "other fire extinguishing system" includes, but is not limited to, a component or application that, solely or primarily for the purposes of fire suppression or extinguishment, is made part of the heating, ventilating, or air-conditioning system of a building or structure, a wet chemical system, or a dry chemical system.

(3) "Fire detection system" means any system or appliance intended to detect combustion, or the products thereof, and to activate an alarm or signal, whether audio, visual, or otherwise, including all equipment used to transmit fire alarm activations and related signals to a remote location. A fire detection system includes any system that serves additional functions, but this section shall only apply with respect to that portion of a system that is for fire

detection purposes. No portion of a fire detection system as described in this paragraph shall be deemed to be personal property, or shall be deemed to be excluded from that fire detection system, by reason of being owned or controlled by a person other than the owner of property upon which the fire detection system was constructed or installed.

(4) "Fire-related egress improvement" means any improvement intended to do either of the following:

(A) Provide any new, or improve any existing, means of egress for individuals from a structure, or any portion thereof, in which a fire is in progress, as to which there is an imminent threat that a fire may soon be in progress, or as to which individuals therein might be subjected to health hazards or the risk of physical injury due to a fire elsewhere.

(B) With respect to individuals who for any reason cannot evacuate a structure in which a fire is in progress, provide a means of safeguarding, or increasing the safety of, those individuals until the time that the rescue of those individuals can be effected.

(5) "Existing building" means any building or structure already erected at the time that a fire sprinkler system, other fire extinguishing system, fire detection system, or fire-related egress improvement is constructed or installed in that building or structure.

(d) Any system or improvement referred to in this section shall be deemed to have been constructed or installed on or after November 7, 1984, if the actual construction or installation thereof is completed on or after November 7, 1984, regardless of when the actual construction or installation thereof was commenced or any building permit pertaining thereto was issued.

(e) This section applies only to fire sprinkler systems, other fire extinguishing systems, fire detection systems, and fire-related egress improvements, as defined in this section, that are constructed or installed in an existing building.

History.—Added by Stats. 1985, Ch. 427, effective July 30, 1985. Stats. 1999, Ch. 200 (AB 1694), in effect July 28, 1999, substituted "otherwise," for "other." after "visual, or" in the first sentence and added the balance of the sentence after "otherwise" therein, and added the third sentence in paragraph (3) of subdivision (c); substituted "applies" for "shall apply" after "This section" in the first sentence of subdivision (e); and substituted "that" for "which" throughout text.

Note.—Section 2 of Stats. 1985, Ch. 427, provided that the section shall be applicable to the 1985–86 fiscal year and fiscal years thereafter. No escape assessments shall be levied and no refunds shall be made for any fiscal year prior to the 1985–86 fiscal year for any increases or decreases in value made for the 1985–86 fiscal year or fiscal years thereafter as the result of the enactment of the section.

Note.—Section 2 of Stats. 1999, Ch. 200 (AB 1694) provided that notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.

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74.3. Disabled person accessibility exclusion. (a) For purposes of subdivision (a) of Section 2 of Article XIII A of the California Constitution, "newly constructed" does not include the construction, installation, or modification of any portion or structural component of an existing single- or multiple-family dwelling that is eligible for the homeowner's exemption as described in Section 218, if the construction, installation, or modification is for the purpose of making the dwelling more accessible to a severely and permanently disabled person who is a permanent resident of the dwelling.

(b) For purposes of this section, "a severely and permanently disabled person" is any person who has a physical disability or impairment, whether from birth or by reason of accident or disease, that results in a functional limitation as to employment or substantially limits one or more major life activities of that person, and that has been diagnosed as permanently affecting the person's ability to function, including, but not limited to, any disability or impairment that affects sight, speech, hearing, or the use of any limbs.

(c) For purposes of this section, "accessible" means that combination of elements with regard to any dwelling that provides for access to, circulation throughout, and the full use of, the dwelling and any fixture, facility, or item therein. The construction of an entirely new addition, such as a bedroom or bath, that duplicates existing facilities in the dwelling that are not otherwise available to the disabled resident solely because of his or her disability, shall be deemed to make the dwelling more accessible within the meaning and for the purposes of this section.

(d) The exclusion provided by this section shall apply only to those improvements or features that specially adapt a dwelling accessibility by a severely and permanently disabled person. The value of any improvement, addition, or modification excluded pursuant to this section shall not include any other functional improvement, addition, or modification to the property unless it is merely incidental to the qualified improvements or features.

(e) The exclusion provided by this section shall not apply to the construction of an entirely new dwelling.

(f) The construction, installation, or modification, with regard to an existing building, for purposes of making the structure more accessible to a disabled person, shall be eligible for exclusion pursuant to this section only if the disabled person, or his or her spouse or legal guardian, submits to the assessor both of the following:

(1) A statement signed by a licensed physician or surgeon, of appropriate specialty which certifies that the person is severely and permanently disabled as defined in subdivision (b), and identifies specific disability-related requirements necessitating accessibility improvements or features.

(2) A statement that identifies the construction, installation, or modification that was in fact necessary to make the structure more accessible to the disabled person.

(g) The assessor may charge a fee to the disabled person or his or her spouse or legal guardian sufficient to reimburse the assessor for the costs of processing and administering the statement required by subdivision (f).

(h) This section shall apply to construction, installations, or modifications completed on or after June 6, 1990.

History.—Added by Stats. 1990, Ch. 1494, in effect September 30, 1990. Stats. 1993, Ch. 48, in effect January 1, 1994, added the second sentence to subdivision (c). Stats. 1994, Ch. 146, in effect January 1,1995, substituted "that" for "which" throughout subdivisions (a), (b), and (c); substituted "activities" for "activity" after "life" in subdivision (b); and added subdivision letter designation (h) to create a new subdivision using the former second sentence of subdivision (g).

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74.5. Seismic rehabilitation improvements. [Repealed by Stats. 1991, Ch. 8, in effect December 13, 1990, operative January 1, 1991.]

74.5. Seismic retrofitting improvements. (a) For purposes of subdivision (a) of Section 2 of Article XIII A of the California Constitution, "newly constructed" and "new construction" does not include that portion of an existing structure that consists of the construction or reconstruction of seismic retrofitting components, as defined in this section.

(b) For purposes of this section, all of the following apply:

(1) "Seismic retrofitting components" means seismic retrofitting improvements and improvements utilizing earthquake hazard mitigation technologies.

(2) "Seismic retrofitting improvements" means retrofitting or reconstruction of an existing building or structure, to abate falling hazards from structural or nonstructural components of any building or structure including, but not limited to, parapets, appendages, cornices, hanging objects, and building cladding that pose serious danger. "Seismic retrofitting improvements" also means either structural strengthening or providing the means necessary to resist seismic force levels that would otherwise be experienced by an existing building or structure during an earthquake, so as to significantly reduce hazards to life and safety while also providing for the substantially safe ingress and egress of building occupants during and immediately after an earthquake. "Seismic retrofitting improvements" does not include alterations, such as new plumbing, electrical, or other added finishing materials, made in addition to seismic-related work performed on an existing structure. "Seismic retrofitting" includes, but is not limited to, those items referenced in Appendix A of the International Existing Building Code of the International Code Council.

(3) "Improvements utilizing earthquake hazard mitigation technologies" means improvements to existing buildings identified by a local government as being hazardous to life in the event of an earthquake. These improvements shall involve strategies for earthquake protection of structures. These improvements shall use technologies such as those referenced in Part 2 (commencing with Section 1.1.1) of Title 24 of the California Building Code and similar seismic provisions in the International Building Code.

(c) The property owner, primary contractor, civil or structural engineer, or architect shall certify to the building department those portions of the project that are seismic retrofitting components, as defined in this section. Upon completion of the project, the building department shall report to the county assessor the costs of the portions of the project that are seismic retrofitting components.

(d) In order to receive the exclusion, the property owner shall notify the assessor prior to, or within 30 days of, completion of the project that he or she intends to claim the exclusion for seismic retrofitting components. The State Board of Equalization shall prescribe the manner and form for claiming the exclusion. All documents necessary to support the exclusion shall be filed by the property owner with the assessor not later than six months after the completion of the project.

(e) The Legislature finds and declares that the reconstruction and improvement actions that were excluded from "newly constructed" and "new construction" by Chapter 1187 of the Statutes of 1983 meet the requirements of "construction or reconstruction of seismic retrofitting components on an existing structure," as provided in the act that amended this subdivision. Therefore, a structure constructed of unreinforced masonry bearing wall construction that is receiving a 15-year new construction exclusion as provided by Chapter 1187 of the Statutes of 1983 on the operative date of this act shall continue to receive, pursuant to this section, an exclusion after the 15-year period expires, unless the property is purchased or changes ownership, in which case Chapter 2 (commencing with Section 60) applies.

History.—Added by Stats. 1991, Ch. 8, in effect December 13, 1990, operative January 1, 1991. Stats. 1999, Ch. 504 (AB 1291), in effect January 1, 2000, substituted "does" for "shall" before "not include alternations" in the third sentence and added the fourth sentence of paragraph (1) of subdivision (b); deleted ", and completed on or before July 1, 2000" after "January 1, 1991" in the first sentence of subdivision (f); deleted former subdivision (g) which provided that it was the intent of the Legislature in establishing the repeal date of this section in subdivision (h) to encourage the timely improvements of seismically unsafe structures and to not extend the provisions beyond July 1, 2000; and deleted former subdivision (h) which provided that the section would be repealed on July 1, 2000. Stats. 2001, Ch. 330 (AB 184), in effect September 25, 2001, substituted "resist" for "reduce" after "necessary to" in the second sentence of paragraph (1), deleted ", that utilize earthquake hazard mitigation technologies approved by the State Architect pursuant to Section 16102 of the Health and Safety Code" after "an earthquake" in the first sentence and added the second and third sentences to paragraph (2) of subdivision (b); added "or structural" after "civil" in the first sentence of subdivision (c); and substituted "not later than six months after the completion of the project" for "on or before the following April 15" after "assessor" in the third sentence of subdivision (d). Stats. 2008, Ch. 336 (SB 111), operative June 9, 2010, substituted "subdivision (a)" for "paragraph (4) of subdivision (c)" after "purposes of" and substituted "that portion of an existing structure that consists of the construction or reconstruction of seismic safety retrofitting components, as defined in this section" for "seismic retrofitting improvements and improvements utilizing earthquake hazard mitigation technologies, to an existing building or structure" after "not include" in the first sentence of subdivision (a); added ", all of the following apply" after "this section" in the first sentence of the first paragraph, added paragraph (1) and renumbered former paragraphs (1) and (2) as (2) and (3), respectively, in subdivision (b); substituted "components, as defined in this section" for "improvements or improvements utilizing earthquake hazard mitigation technologies" after "seismic retrofitting" in the first sentence and substituted "to the county assessor the costs of the" for "value of those" after "shall report" and substituted "components" for "improvements and improvements utilizing earthquake hazard mitigation technologies" after "retrofitting" in the second sentence of subdivision (c); substituted "components" for "improvements or improvements utilizing earthquake hazard mitigation technologies" after "retrofitting" in the first sentence of subdivision (d); added subdivision (e); and deleted former subdivisions (e) and (f) which provided that "(e) The exclusion from "newly constructed" and "new construction" under this section is not applicable to seismic safety reconstruction and improvements that qualify for the exclusion provided for in subdivision (d) of Section 70." and "(f) This section shall only apply to projects completed on or after January 1, 1991." Stats. 2011, Ch. 351 (SB 947), in effect January 1, 2012, substituted "Appendix A of the Existing Building Code of the International Code Council" for "Appendix Chapters 5 and 6 of the Uniform Code for Building Conservation of the International Conference of Building Officials" after "referenced in" in the fourth sentence of paragraph (2) and substituted "1.1.1" for "101" after "with Section" and substituted "International" for "Uniform" after "provisions in the" in the third sentence of paragraph (3) of subdivision (b).

Note.—Section 3 of Stats. 1999, Ch. 504 (AB 1291) provided that notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Section 4 thereof provided that notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made for purposes of this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to Section 1 of this act.

Note.—Section 3 of Stats. 2001, Ch. 330 (AB 184) provided that notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. Sec. 4 therein provided that this act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Note.—Section 5 of Stats. 2008, Ch. 336 (SB 111), provided that this act shall become operative only if Senate Constitutional Amendment 4 of the 2007–08 Regular Session is approved by the voters and, in that event, shall become operative on the date upon which this act is chaptered or the effective date of that measure, whichever is later.

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74.6. Disabled person accessibility exclusion. (a) For purposes of paragraph (4) of subdivision (c) of Section 2 of Article XIII A of the California Constitution, "newly constructed" and "new construction" does not include the construction, installation, removal, or modification of any portion or structural component of an existing building or structure to the extent that it is done for the purpose of making the building or structure more accessible to, or more usable by, a disabled person.

(b) For the purposes of this section, "disabled person" means a person who suffers from a physical impairment that substantially limits one or more of that person's major life activities.

(c) The exclusion provided for in subdivision (a) shall apply to all buildings or structures except for those buildings or structures that qualify for the exclusion provided for in subdivision (a) of Section 74.3.

(d) The exclusion provided for in this section does not apply to the construction of an entirely new building or structure, or to the construction of an entirely new addition to an existing building or structure.

(e) For purposes of the exclusion provided for in subdivision (a), the property owner, primary contractor, civil engineer, or architect, shall submit to the assessor a statement that shall identify those specific portions of the project that constitute construction, installation, removal, or modification improvements to the building or structure to make the building or structure more accessible to, or usable by, a disabled person.

(f) For the purposes of the exclusion provided for in subdivision (a), the construction, improvement, modification, or alteration of an existing building or structure may include, but is not limited to, access ramps, widening of doorways and hallways, barrier removal, access modifications to restroom facilities, elevators, and any other accessibility modification of a building or structure that would cause it to meet or exceed the accessibility standards of the 1990 Americans with Disabilities Act (Public Law 101-336) and the most recent edition to the California Building Standards Code that is in effect on the date of the application for a building permit.

(g) In order to receive the exclusion provided for in this section, the property owner shall notify the assessor prior to, or within 30 days of, completion of any project covered by this section that he or she intends to claim the exclusion for making improvements of the type specified in subdivision (a). The State Board of Equalization shall prescribe the manner and form for claiming the exclusion. All documents necessary to support the exclusion shall be filed by the property owner with the assessor not later than six months after the completion of the project.

(h) This section applies to any construction, installation, removal, or modification completed on or after June 7, 1994.

History.—Added by Stats. 1993, Ch. 1148, in effect January 1, 1994, approved by the voters on June 7, 1994. Stats. 2011, Ch. 351 (SB 947), in effect January 1, 2012, substituted "(4)" for "(5)" after "of paragraph" in the first sentence of subdivision (a).

74.7. Environmentally contaminated property exclusion. (a) For purposes of subparagraph (B) of paragraph (1) of subdivision (i) of Section 2 of Article XIII A of the California Constitution, "new construction" does not include the repair or replacement of a substantially damaged or destroyed structure on qualified contaminated real property where the remediation of the environmental problems required the destruction of, or resulted in substantial damage to, a structure located on that property. The repaired or replacement structure shall be similar in size, utility, and function to the original structure.

(b) For purposes of this section:

(1) "Substantially damaged or destroyed" means the structure sustains physical damage amounting to more than 50 percent of its full cash value immediately prior to the damage.

(2) "Similar in function" means the replacement structure is subject to similar governmental restrictions, including, but not limited to, zoning.

(3) "Similar in size and utility" means the size and utility of the structure are interrelated and associated with its value. A structure is similar in size and utility only to the extent that the replacement structure is, or is intended to be, used in the same manner as the substantially damaged or destroyed structure, and its full cash value does not exceed 120 percent of the full cash value of the replaced structure if that structure was not contaminated. For purposes of this paragraph:

(A) A replacement structure or any portion thereof used or intended to be used for a purpose substantially different than the use made of the replaced structure, shall, to the extent of the dissimilar use, be considered not similar in utility.

(B) A replacement structure or portion thereof that satisfies the use requirement but has a full cash value that exceeds 120 percent of the full cash value of the structure if that property were not contaminated, will be considered, to the extent of the excess, not similar in utility and size.

(4) To the extent that replacement property, or any portion thereof, is not similar in function, size, and utility, the property, or portion thereof, shall have a new base year value determined pursuant to Section 110.1.

(c) Only the owner or owners of the property substantially damaged or destroyed in the process of remediation of the contamination, whether one or more individuals, partnerships, corporations, other legal entities, or a combination thereof, shall receive property tax relief under this section.

(d) In order to receive the exclusion provided for in this section, the property owner shall notify the assessor in writing that he or she intends to claim the exclusion prior to, or within 30 days of, completion of any project covered by this section. All documents necessary to support the exclusion shall be filed by the property owner with the assessor not later than six months after the completion of the property. A claimant shall not be eligible for the exclusion provided by this section unless the claimant provides to the assessor the following information:

(1) Proof that the claimant did not participate in, or acquiesce to, any act or omission that rendered the real property uninhabitable or unusable, as applicable, or is related to any individual or entity that committed that act or omission.

(2) Proof that the qualified contaminated property has been designated as a toxic or environmental hazard or as an environmental cleanup site by an agency of the State of California or the federal government.

(3) The address and, if known, the assessor's parcel number of the qualified contaminated property.

(4) The date of the claimant's purchase and the date of completion of new construction.

(e) This section applies to new construction completed on or after January 1, 1995.

History.—Added by Stats. 2003, Ch. 471 (SB 1062), in effect January 1, 2004.

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