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Home > By DEPARTMENTS > Green Operations > California Environmental Compliance > AB 811 Energy Efficiency for Cities and Counties

Municipal Bonds for Energy Efficiency - AB 811

AB811 is California's 2008 legislation to empower municipalities to fund installation of energy-efficiency upgrades to existing residential, commercial, industrial, or other real property.

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A "green economy" means that conservation takes center stage. Energy conservation is central to green economics because we currently are exporting $400 billion per year in money for oil-derived energy. We have 4% of the world's oil and use 25% of the world's oil supply. That disconnect is dragging down our economic self-sufficiency.

Cities and counties form the front line of energy supply for their citizens, and through partnering with public or private utilities, they have looked out for the public balance of energy and productivity.

Utility company reliance on hydrocarbons -- coal, natural gas and oil, has led to cheap energy provided by the earth. Non-renewable stores of fossil fuels. Today, renewable sources such as sunlight, wind and renewable plant materials are being developed to replace dependence on limited supplies of hydrocarbons.

Just as bonds were used to develop roads and utility infrastructures, municipal bond strategies are now being developed to develop renewable energy for more local self-reliance and economic stability.

Conservation of Energy

Conservation is the cheapest form of energy management. Just "say no"! Turn it off if not in use. Reduce. Reuse. Recycle -- those are all parts of conservation of energy.

But technology also plays a role in conservation, and with more efficient lighting systems, more fuel efficient vehicles, and more affordable renewable energy systems, conservation is saved as a percentage of every productive activity.

California AB 811, Contractual assessments: energy efficiency improvements

AB811, passed in July 2008, "authorizes the legislative body of any city, as defined, to determine that it would be convenient and advantageous to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments and make arrangements to finance public improvements to specified lots or parcels under certain circumstances."

It was the stated the intent of the California Legislature that B 811 should be used to finance public improvements to lots or parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to other provisions of this division or any other law would be prohibitively large relative to the cost of the public improvements to be financed.

It was also the intent of the Legislature that AB 811 should be used to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to residential, commercial, industrial, or other real property.

Excluded from AB811 were parcels undergoing development; financing the purchase or installation of appliances that are not permanently fixed to residential, commercial, industrial, or other real property.

And payment for these energy efficiency installations are through assessments levied only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied.

Municipal bonds for Energy Efficiency and Generation

Municipal bonds are issued by states, cities, and counties, or their agencies (the municipal issuer) to raise funds. The issuer typically uses proceeds from a bond sale to pay for capital projects or for other purposes it cannot or does not desire to pay for immediately with funds on hand. Tax regulations governing municipal bonds generally require all money raised by a bond sale to be spent on one-time capital projects within three to five years of issuance.

Because of the special tax-exempt status of most municipal bonds, investors usually accept lower interest payments than on other types of borrowing (assuming comparable risk). This makes the issuance of bonds an attractive source of financing to many municipal entities, as the borrowing rate available in the open market is frequently lower than what is available through other borrowing channels.

Different types of bonds are secured by various types of repayment sources, based on the promises made in the bond documents:

  • General obligation bonds promise to repay based on the full faith and credit of the issuer; these bonds are typically considered the most secure type of municipal bond, and therefore carry the lowest interest rate.
  • Revenue bonds promise repayment from a specified stream of future income, such as income generated by a water utility from payments by customers.
  • Assessment bonds promise repayment based on property tax assessments of properties located within the issuer's boundaries.

Learning about Muni Bonds

Key information about new issues of municipal bonds (including, the security pledged for repayment of the bonds, the terms of payment of interest and principal of the bonds, the tax-exempt status of the bonds, and material financial and operating information about the issuer of the bonds) typically is found in the issuer's official statement.

Official statements generally are available at no charge from the Electronic Municipal Market Access system (EMMA) at emma.msrb.org operated by the Municipal Securities Rulemaking Board (MSRB).

California AB811 For Energy Efficiency Municipal Bonds

With the 2008 passage of the California AB811 bill, California cities and municipalities can help their citizens finance renewable and energy efficiency projects by issuing a bond to pay for initial installation costs. Repayment is stretched out over the life of the energy generation or conservation addition to the building. And repayment is made through tax rolls.


Edited by Carolyn Allen, owner/publisher of Solutions For Green
Publication Date: 10/21/2008
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