Education Code — Part 1 | EDC — United States — California law | Esheria

Education Code

Part 1 of 57 · provisions 1–200

This section says the code is called the Education Code.

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section says the code is called the Education Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1. This code shall be known as the Education Code. (Amended by Stats. 1976, Ch. 1011.)
  2. 10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The code’s general provisions, rules of construction, and definitions control how the code is interpreted unless the text or context says otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 10. Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1976, Ch. 1010.)
  3. 1000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section sets the makeup and procedures of county boards of education, including pupil member representation and related rights and limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1000. (a) Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education. (b) (1) There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section. (2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. (3) Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil member’s rights and privileges related to service on the county board of education. (4) (A) A pupil member of the county board of education shall have preferential voting rights. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) (A) Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions. (B) (i) Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular members. (ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee. (iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member. (7) (A) Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the county in accordance with policies and procedures prescribed by the county board of education. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the county board of education. (B) A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education. (8) A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090. (9) (A) A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues. (B) A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items. (10) A pupil member shall not be included in determining the vote required to carry any measure before the county board of education. (11) A pupil member shall not be liable for any acts of the county board of education. (12) A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon. (13) The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body. (c) Pupil members of a county board of education shall not be considered members of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (d) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (b). (2) “Regular member” means a board member elected or selected pursuant to subdivision (a). (Amended by Stats. 2023, Ch. 437, Sec. 1.5. (AB 417) Effective January 1, 2024.)
  4. 10000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. )

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    This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. ) ## 10000. (a) Notwithstanding any other provision of law, the Trustees of the California State University and any school district or community college district may enter into an agreement for the exchange of personnel between the state university and the district. (b) The governing board of any school district, or community college district, a county board of education, or the State Department of Education may execute a contract with any California teacher-training institution whereby certificated personnel of the school district, county, or the State Department of Education may be assigned to the teacher-training institution for full-time or part-time duty for a period not to exceed one year. (c) Any teacher-training institution in California may execute a contract with the governing board of any school district, or community college district, a county board of education, or the State Board of Education whereby certificated personnel of the institution may be assigned to school districts, community college districts, county boards of education, or the State Department of Education for full-time or part-time duty for a period not to exceed one year. (d) Any such contract shall provide for the payment, by the entity to which a person is assigned to the employer, of a sum equivalent to the salary and other employment costs of the employee. In place of that payment, the contract may provide for the exchange of certificated personnel between the district, county, or State Department of Education and the teacher-training institution. Any such employee shall retain his or her status as an employee of the school district, community college district, county, State Department of Education, or teacher-training institution from which he or she is assigned in all respects during the period of the assignment. (Amended by Stats. 1987, Ch. 1452, Sec. 71.)
  5. 100000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 1. General Provisions [100000- 100000.] ( Article 1 added by Stats. 1996, Ch. 1, Sec. 1. )

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    This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 1. General Provisions [100000- 100000.] ( Article 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100000. This chapter shall be known and may be cited as the Public Education Facilities Bond Act of 1996. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  6. 10001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. )

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    An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. ) ## 10001. An agreement authorized by Section 10000 shall provide that an employee of the California State University engaged in teacher training may assume the duties of one of the certificated employees of the district engaged in classroom teaching, and that the certificated employee of the district may assume the duties of the state university employee engaged in teacher training. (Amended by Stats. 1983, Ch. 143, Sec. 7.)
  7. 100010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

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    A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100010. Two billion twelve million thirty-five thousand dollars ($2,012,035,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State School Building Lease-Purchase Fund. (Amended by Stats. 2013, Ch. 28, Sec. 2. (SB 71) Effective June 27, 2013. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.)
  8. 100015.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

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    Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100015. All moneys deposited in the State School Building Lease-Purchase Fund shall be available to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10), and of all acts amendatory thereof and supplementary thereto, to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Sections 100020, 100025, 100030, and 100035, to provide funds to repay any money advanced or loaned to the State School Building Lease-Purchase Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  9. 100020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

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    Bond sale proceeds are capped at $900 million for the listed school facility purposes, and the State Allocation Board may fund certain reconstruction or modernization projects, including some projects over 25% of replacement cost.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100020. Of the proceeds from the sale of bonds pursuant to this chapter, not more than nine hundred million dollars ($900,000,000) may be used for one or more of the following purposes: (a) The acquisition of portable classrooms for use in accordance with Chapter 25 (commencing with Section 17785) of Part 10. (b) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. In addition to the current program requirements, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of any existing structure, including the wiring and cabling in that structure, to enable that structure to accommodate computers and other high technology equipment. (c) The purchase and installation of air-conditioning equipment and insulation materials, and related costs, pursuant to Section 42250.1, for schools operated on a year-round multitrack schedule in a manner that increases school capacity and reduces or eliminates the school district’s need for the construction of additional classroom space. (d) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that have incurred or will incur enrollment increases due to the locating or expansion of state or federal prisons. (e) The acquisition of relocatable child care and development facilities for the purpose of providing extended day care services pursuant to Article 22 (commencing with Section 8460) of Chapter 2 of Part 6. (f) Project funding, without regard to funding priorities, for applicant county boards of education under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding for classrooms for severely handicapped pupils. (g) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding, but that lack funding priority due to the size of pupil enrollment in the district. (h) Project funding for high priority roof replacement projects. (i) Construction projects or the purchase of furniture or equipment designed to increase school security. (j) The identification, assessment, or abatement in school facilities of hazardous asbestos pursuant to either Chapter 22 (commencing with Section 17700) of Part 10 or Section 39619.6 and of lead. (k) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. Notwithstanding Section 17721.3, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of an existing structure in an amount that exceeds 25 percent of the replacement cost of that structure in order to finance structural improvements needed to avert future earthquake damage. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  10. 100025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

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    No more than $100 million from bond-sale proceeds under this chapter may be used for seismic retrofit projects of existing public school facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100025. Of the proceeds from the sale of bonds pursuant to this chapter, not more than one hundred million dollars ($100,000,000) may be used for seismic retrofit projects of existing public school facilities. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  11. 10003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. )

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    An employee who takes duties in another entity under this chapter must continue to be treated as an employee of the applicable education employer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Schools—California State University [10000 - 10003] ( Heading of Article 1 amended by Stats. 1995, Ch. 758, Sec. 17. ) ## 10003. During such time as an employee has assumed duties in another entity, pursuant to this chapter, he or she shall continue to be an employee of the California State University, the school district, or the community college district, as the case may be, for all purposes, including, but not limited to, salary, membership in a retirement system, tenure rights, and all other incidents of employment. (Amended by Stats. 1983, Ch. 143, Sec. 8.)
  12. 100030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Up to $40 million of bond proceeds may be used for school district projects if the district agrees to pay 60% or more of the project cost.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100030. Of the proceeds from the sale of bonds pursuant to this chapter, not more than forty million dollars ($40,000,000) may be used for projects for school districts that agree to contribute 60 percent or more of the cost of those projects. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  13. 100035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    No more than $25 million of bond sale proceeds may be used for projects that include joint use of facilities under Sections 17750 or 17751.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 2. School Facilities Program Provisions [100010 - 100035] ( Article 2 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100035. Of the proceeds from the sale of bonds pursuant to this chapter, not more than twenty-five million dollars ($25,000,000) may be used for projects that include joint use of facilities pursuant to Section 17750 or 17751. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  14. 1001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets certain qualified electors in multi-county school districts vote in the county board election for the county with jurisdiction, and it bars them from voting in their home county’s board election unless a narrow exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1001. (a) In those counties where the county superintendent of schools has jurisdiction over a school district situated in two or more counties, any qualified elector residing in the part of the school district situated in a county whose county superintendent of schools does not have jurisdiction of that school district shall be eligible to vote for one or more members of the county board of education of the county whose county superintendent of schools has jurisdiction over the school district. Each such elector shall be eligible to vote for the member of the county board of education representing the trustee area of that county having jurisdiction as designated by the county committee on school district organization. The committee shall apportion the portion of the school district territory not situated in the county having jurisdiction to one or more trustee areas of the other county so that that territory shall, insofar as possible, be represented as if it were situated in the county having jurisdiction. The territory so apportioned shall not become a part of the trustee area to which apportioned for any other purpose. As used in this subdivision, “school district” means any joint union elementary school district, joint union high school district, or joint unified school district, but does not include any community college district. (b) Any person who is a resident of a county and is made eligible to vote for the county board of education of another county pursuant to subdivision (a) shall not be eligible to vote for the county board of education of the county of which he or she is a resident. Notwithstanding the foregoing provisions of this subdivision, a person shall be eligible to vote for both county boards of education if he or she is a resident of an elementary school district of any type that is included in a joint union high school district and the elementary school district and the joint union high school district are each under the jurisdiction of different county superintendents of schools. (c) “County,” for purposes of this section, includes any county other than a charter county for which the charter specifies that this section does not apply. (Amended by Stats. 1987, Ch. 870, Sec. 1.)
  15. 100110.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Legislature states that California’s public higher education system needs ongoing capital financing, and this article is intended to help meet those needs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100110. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, comprising 9 campuses, the California State University, comprising 22 campuses, including the California Maritime Academy, a specialized institution, the California Community Colleges, consisting of 71 districts and 107 campuses, the college named in Section 92200, and their respective off-campus centers. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, several billion dollars. (d) The purpose of this article is to assist in meeting the capital outlay financing needs of California’s public higher education system. (Amended by Stats. 2022, Ch. 478, Sec. 31. (AB 1936) Effective January 1, 2023.)
  16. 100115.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    $975,000,000 of bond proceeds must be deposited into the 1996 Higher Education Capital Outlay Bond Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100115. Nine hundred seventy-five million dollars ($975,000,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1996 Higher Education Capital Outlay Bond Fund, which is hereby created. (Amended by Stats. 2013, Ch. 28, Sec. 3. (SB 71) Effective June 27, 2013. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.)
  17. 100120.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Higher Education Facilities Finance Committee is authorized to create state debt or liabilities to fund aid for specified California higher education institutions and related facility projects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100120. (a) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, and the college named in Section 92200 for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed. (b) The addition of the college named in Section 92200 to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to state more clearly what was intended by the Legislature in those sections as well. (Amended by Stats. 2022, Ch. 478, Sec. 32. (AB 1936) Effective January 1, 2023.)
  18. 100121.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Board of Governors of the California Community Colleges must consider the historic significance of older community college district buildings before renovating, reconstructing, or demolishing them with funds from this chapter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 3. Higher Education Facilities Program [100110 - 100121] ( Article 3 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100121. The Board of Governors of the California Community Colleges shall consider the historic significance of community college district buildings that are 50 years of age or older if those buildings are to be renovated, reconstructed, or demolished in connection with the construction of buildings utilizing the funds provided by this chapter. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  19. 100125.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Treasurer must sell authorized bonds, up to $2,987,035,000, to fund chapter purposes and reimburse the General Obligation Bond Expense Revolving Fund, subject to the section’s timing condition.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100125. (a) Bonds in the total amount of two billion nine hundred eighty-seven million thirty-five thousand dollars ($2,987,035,000), not including the amount of any refunding bonds issued in accordance with Section 100175, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee created pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2012, Ch. 39, Sec. 5. (SB 1018) Effective June 27, 2012. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.)
  20. 100130.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The State School Building Finance Committee continues for this chapter, with the Treasurer chairing it, specified officials serving without pay, legislative members advising, the Director of Finance providing help, and the Attorney General serving as legal adviser.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100130. The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall be designated to chair the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide the assistance to the committee as it may require. The Attorney General of the state shall be the legal adviser of the committee. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  21. 100135.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    This section makes the bond chapter subject to the State General Obligation Bond Law and names who acts as the “board” for administering certain bond funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100135. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the State School Building Lease-Purchase Fund. (c) For purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 1996 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded by those appropriations. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  22. 100140.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Two finance committees must decide when bond issuances are necessary or desirable, and the higher education committee may authorize bonds only as needed for Budget Act-authorized apportionments.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100140. (a) Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100015, 100020, 100025, 100030, and 100035, the State School Building Finance Committee created pursuant to Section 15909 shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in Section 100120 that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 100120 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  23. 100145.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Revenue officers must collect an additional yearly amount needed to pay bond principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100145. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  24. 100150.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Money is appropriated from the General Fund for this chapter’s bond payments and for carrying out Section 100165.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100150. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum that is necessary to carry out the provisions of Section 100165, appropriated without regard to fiscal years. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  25. 100155.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The board may request a loan from the Pooled Money Investment Board, but the request cannot exceed the amount of unsold bonds authorized for sale. If the loan is obtained, the board must sign the documents needed to obtain and repay it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100155. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  26. 100160.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    If specified bonds are sold with a qualifying bond counsel opinion, the Treasurer may keep separate accounts for bond proceeds and earnings and may use those funds for federal-law-required rebate, penalty, or other payments, or for other federal-law-required or desirable actions to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100160. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes subject to designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds that is required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  27. 100165.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and withdrawn money must be deposited in specified bond funds and later repaid to the General Fund with interest. Requests for these bond funds by UC, CSU, or the Community Colleges must include a five-year capital outlay plan and a seismic-retrofitting schedule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100165. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee or the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the State School Building Lease-Purchase Fund and the 1996 Higher Education Capital Outlay Bond Fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in Section 100120 by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan of the particular university or college and shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2002–03 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  28. 100170.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Money in specified bond-related funds that comes from bond premium and accrued interest must be kept in the fund and can be transferred to the General Fund as credit for bond-interest spending.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100170. All money deposited in the State School Building Lease-Purchase Fund, the Education Technology Fund, and the 1996 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  29. 100175.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    This section allows the bonds to be refunded under a specified Government Code article and says elector approval for issuing the bonds also covers refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100175. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds described in this chapter shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  30. 100180.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    The Legislature declares that proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes,” and their disbursement is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 4. Fiscal Provisions [100125 - 100180] ( Article 4 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100180. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  31. 100185.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 5. Miscellaneous [100185- 100185.] ( Article 5 added by Stats. 1996, Ch. 1, Sec. 1. )

    Verify source ↗

    Remaining bond-sale funds must be transferred to the State School Building Lease-Purchase Fund, and the State Allocation Board may apportion them for specified school-building purposes. Unsold authorized bonds may also be sold by the Treasurer if the State School Building Finance Committee authorizes it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] ( Part 66 added by Stats. 1996, Ch. 1, Sec. 1. ) ## CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ( Chapter 1 added by Stats. 1996, Ch. 1, Sec. 1. ) ## ARTICLE 5. Miscellaneous [100185- 100185.] ( Article 5 added by Stats. 1996, Ch. 1, Sec. 1. ) ## 100185. (a) Any remaining funds resulting or derived from the sale of bonds pursuant to Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10, shall be transferred to the State School Building Lease-Purchase Fund and may be apportioned by the State Allocation Board for the purposes of the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). (b) Any unsold bonds, authorized for issuance under Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10 may be sold by the Treasurer, upon authorization by the State School Building Finance Committee for the purposes of the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.)
  32. 1002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The county committee on school district organization may change trustee area boundaries or propose board membership changes when requested by the county board of education, and it must adopt trustee area boundaries after each decennial census.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1002. (a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code, or propose to increase or decrease the number of members of the county board of education, or both. (b) Following each decennial federal census, the county committee shall adopt trustee area boundaries pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code. (c) Except as to the redistricting deadline provided in Section 21140 of the Elections Code, changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year. (d) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, excluding any part of a trustee area that is outside of the county pursuant to Section 1001, the election for members of the county board of education shall be consolidated with the countywide election. (Amended by Stats. 2023, Ch. 343, Sec. 3. (AB 764) Effective January 1, 2024.)
  33. 10020.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Teacher Aides [10020- 10020.] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section allows school districts to use teacher aides and lets colleges work with schools on placement programs. It also creates a temporary teacher-assistant certificate, limits it to two years, and requires the certificate holder to work under a credentialed classroom teacher.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] ( Part 7 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Teacher Aides [10020- 10020.] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 10020. Nothing in this chapter shall be construed as preventing school districts from hiring, employing, or otherwise using teacher aides, instructional aides, or teacher-assistants under the terms of existing law and financial support formulas. The commission may study the various roles of such paraprofessionals. Public and private colleges, universities, and community colleges may develop cooperative programs with school districts or school governing boards to place undergraduate and graduate students in public and private classrooms as teacher aides or assistants. Such assignment may be, at the discretion of the institution, the basis for securing college credit. A certificate to serve as a temporary teacher-assistant shall be issued, by the county superintendent of schools of the county in which service is to be rendered, to the holder of a recommendation from an accredited college, university, or community college. The certificate shall authorize the holder to serve as a teacher-assistant. No such certificate shall be granted for a period exceeding two years. The teacher-assistant certificate shall not be used in lieu of a teaching credential. The holder of such a certificate shall work under the immediate supervision of a credentialed classroom teacher to whom the teacher-assistant is assigned, who shall be present in the classroom while the teacher-assistant is performing his or her classroom duties or who shall be available at all times to provide guidance and direction to the teacher-assistant. (Amended by Stats. 1994, Ch. 840, Sec. 2. Effective January 1, 1995.)
  34. 1003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a county committee proposes changing the county board of education from seven members to five, or from five to seven, it must hold a hearing and then approve or disapprove the proposal by resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1003. When a county committee on school district organization proposes to reduce from seven to five or increase from five to seven the number of members of the county board of education, the county committee shall call and conduct a hearing on the matter. At the conclusion of the hearing, the county committee shall, by resolution, approve or disapprove the proposal. (Enacted by Stats. 1976, Ch. 1010.)
  35. 1004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the county committee approves changing the number of county board of education members, that resolution becomes an election order and the proposal must go to county electors by the next county board election. The ballot must use the stated yes/no wording, and marked voting targets determine how the vote is counted.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1004. The resolution of the county committee approving a reduction or increase in the number of members of the county board of education shall constitute an order of election, and the proposal shall be presented to the electors of the county not later than the next succeeding election for members of the county board of education. The ballot shall contain the following words, as appropriate: “Shall the number of members of the county board of education be decreased (increased) from seven (five) to five (seven)?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the measure. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 1. (AB 1512) Effective January 1, 2026.)
  36. 100400.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section says the part may be cited by a specific act name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100400. This part shall be known and may be cited as the Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  37. 100401.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    If this part refers to California statutory law, that reference also covers later amendatory and supplementary acts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100401. The incorporation of, or reference to, any provisions of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  38. 100403.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section authorizes up to $9.2 billion in bonds and requires the Treasurer to sell them when needed for apportioned expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100403. (a) Bonds in the total amount of nine billion two hundred million dollars ($9,200,000,000), not including the amount of any refunding bonds issued in accordance with Chapter 2 (commencing with Section 100410) and Chapter 3 (commencing with Section 100450), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 and the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  39. 100405.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section defines “Chapter 12” and “Chapter 12.5” for purposes of this part.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] ( Chapter 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100405. For purposes of this part, “Chapter 12” means Chapter 12 (commencing with Section 17000) of Part 10 and “Chapter 12.5” means Chapter 12.5 (commencing with Section 17070.10) of Part 10. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  40. 100410.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The State Allocation Board must request bond sales for certain school projects, and $3.35 billion in bond proceeds must be deposited in the 1998 State School Facilities Fund; an additional $3.35 billion may be issued and sold only on or after July 1, 2000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100410. (a) Three billion three hundred fifty million dollars ($3,350,000,000) of the proceeds of bonds issued and sold pursuant to this part shall be deposited in the 1998 State School Facilities Fund, which is established by Section 17070.40, and allocated by the State Allocation Board pursuant to this chapter. Before requesting the sale of bonds pursuant to Section 100432 for deposit in the State School Facilities Fund, the State Allocation Board shall request, pursuant to Section 100432, the sale of bonds sufficient to finance all projects for which application was made pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and for which an application was approved for construction, but funding was not available, prior to November 4, 1998. (b) In addition to the amount specified in subdivision (a), three billion three hundred fifty million dollars ($3,350,000,000) of the bonds authorized by this chapter shall only be issued and sold pursuant to this chapter on or after July 1, 2000, and the proceeds of those bonds shall be deposited in the 1998 State School Facilities Fund and allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  41. 100415.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Money in the 1998 State School Facilities Fund must be used for specified school aid and reimbursements, and the bonds issued under this chapter must fund kindergarten through grade 12 school construction for four years.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100415. (a) All moneys deposited in the 1998 State School Facilities Fund pursuant to this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Section 100420, to provide funds to repay any money advanced or loaned to the 1998 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) The bonds issued and sold pursuant to this chapter shall fund kindergarten and grades 1 through 12, inclusive, school constructions for a four-year period. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  42. 100420.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section sets caps and minimums for how bond proceeds may be allocated for school facilities projects and gives the Legislature limited authority to amend those funding amounts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100420. (a) Of the proceeds from the sale of bonds, issued and sold pursuant to this chapter, as specified in subdivision (a) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 1998–99 fiscal year in accordance with the following schedule: (1) Not less than one billion three hundred fifty million dollars ($1,350,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12 and Chapter 12.5 that have incurred or will incur enrollment increases. (2) Not less than eight hundred million dollars ($800,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12 and Chapter 12.5. (3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account, which is hereby established in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10. (4) (A) Not more than seven hundred million dollars ($700,000,000) may be allocated to assist school districts with site acquisition and facilities-related costs of kindergarten and grades 1 to 3, inclusive, that are in the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10, and to assist districts with the restoration of facilities that previously accommodated other programs and were displaced as a result of the implementation of class size reduction. On and after July 1, 2000, if applications for the total funds available under this paragraph have not been filed with the State Allocation Board, the funds for which applications have not been received may be allocated by the board to other high priority needs as the board determines. On and after July 1, 2003, any funds not allocated are available for other high priority needs. (B) The funds allocated in subparagraph (A) shall be allocated to the State Department of Education to provide class size reduction facilities grants necessary to implement the K–3 Class Size Reduction Program established pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10. The department shall certify to the State Allocation Board the amount of funds needed for this purpose. The board shall transfer the amount of funds needed to the department. From these funds, the department shall award eligible districts forty thousand dollars ($40,000) for each new option one class established for class size reduction for which the district had not previously received funding under class size reduction facilities programs. (C) The remaining funds provided pursuant to subparagraph (A) shall be to provide funding for schoolsites that were eligible to receive a class size reduction land-locked waiver pursuant to Section 52122.6. The funds may be provided to districts to provide 50 percent of the cost of funding a facilities mitigation plan developed for the impacted site pursuant to Section 52122.7. (D) Any funds not expended pursuant to subparagraphs (A), (B), or (C) may be allocated to districts that request funding of forty thousand dollars ($40,000) for each teaching station that (1) was displaced as a result of the implementation of class size reduction and (2) received less than forty thousand dollars ($40,000) per teaching station in 1996–97 pursuant to Chapter 19 (commencing with Section 17200) of Part 10. Programs for which teaching stations may be restored may include child care, extended day care, school libraries, computer labs, and special education classrooms. (b) Of the proceeds from the sale of bonds issued and sold pursuant to this chapter, as specified in subdivision (b) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 2000–01 fiscal year in accordance with the following schedule: (1) Not less than one billion five hundred fifty million dollars ($1,550,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12.5 that have incurred or will incur enrollment increases. (2) Not less than one billion three hundred million dollars ($1,300,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12.5. (3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10. (c) Districts may use funds allocated pursuant to paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) for one or more of the following purposes in accordance with Chapter 12.5: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other renovation or modernization of facilities pursuant to Chapter 12.5. (d) Funds allocated pursuant to paragraph (1) of subdivision (a) and paragraph (1) of subdivision (b) may be utilized to provide new construction grants, without regard to funding priorities, for applicant county boards of education under Chapter 12.5 that are eligible for that funding or classrooms for severely handicapped pupils and funding for classrooms for county community school pupils. (e) (1) The Legislature may amend this section to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (a) and the maximum funding amounts specified in paragraphs (3) and (4) of subdivision (a), and to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (b) and the maximum funding amount specified in paragraph (3) of subdivision (b), by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) or paragraphs (1) to (3), inclusive, of subdivision (b) or both, but may not increase or decrease the total amount to be expended pursuant to either subdivision. (Amended by Stats. 1999, Ch. 858, Sec. 14. Effective January 1, 2000. Note: This section was added by Stats. 1998, Ch. 407, and approved in Prop. 1A on Nov. 3, 1998.)
  43. 100425.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Treasurer must sell bonds authorized by the State School Building Finance Committee, and the bonds may be issued and sold up to $6.7 billion, excluding certain refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100425. (a) Bonds in the total amount of six billion seven hundred million dollars ($6,700,000,000), not including the amount of any refunding bonds issued in accordance with Section 100444, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  44. 100427.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The State School Building Finance Committee continues in existence for this chapter, with specified members serving without pay and the Treasurer as chair.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100427. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide the assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  45. 100430.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section says the chapter’s bonds must be handled under the State General Obligation Bond Law, with one Government Code section excepted, and it names the State Allocation Board to administer the 1998 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100430. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 1998 State School Facilities Fund. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  46. 100432.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The State School Building Finance Committee must decide, when requested by the State Allocation Board, whether bonds should be issued and how many.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100432. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100415 and 100420, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  47. 100434.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100434. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  48. 100435.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The statute appropriates money from the General Fund for this chapter’s bond payments and for carrying out Section 100440.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100435. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100440, appropriated without regard to fiscal years. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  49. 100436.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The State Allocation Board may ask for a loan or other approved interim financing, but the request cannot exceed the amount of unsold bonds authorized for sale for this chapter. The board must sign any documents needed, and any loaned money must be deposited into the fund used for allocations under this chapter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100436. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  50. 100438.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    If the Treasurer sells qualifying bonds, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them for federal tax-compliance purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100438. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  51. 100440.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Director of Finance may withdraw limited money from the General Fund for this chapter, and the funds must be deposited into the 1998 State School Facilities Fund and later repaid to the General Fund with interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100440. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 1998 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  52. 100442.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Money in the 1998 State School Facilities Fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund to credit bond-interest spending.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100442. All money deposited in the 1998 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  53. 100444.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Bonds may be refunded under the referenced Government Code article, and voter approval for issuing the bonds also covers refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100444. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  54. 100446.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ( Chapter 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100446. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  55. 100450.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section says bond sale proceeds may be used for certain higher-education facilities projects and related preconstruction costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100450. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the California Postsecondary Education Commission, the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, seven hundred fifty million dollars ($750,000,000) per year into the next century. (d) Proceeds from the sale of bonds issued and sold pursuant to this chapter may be used to fund construction on existing or new campuses and off-campus centers, including the construction of buildings and the acquisition of related fixtures, the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings at the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (e) The purposes of this article include assisting in meeting the capital outlay financing needs of California’s public higher education system. (Amended by Stats. 2022, Ch. 478, Sec. 33. (AB 1936) Effective January 1, 2023.)
  56. 100455.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Bond proceeds must be deposited into a state treasury fund, and part of the bonds may be issued and sold only on or after July 1, 2000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100455. (a) Two billion five hundred million dollars ($2,500,000,000) of the proceeds of bonds issued and sold pursuant to this part shall be deposited in the 1998 Higher Education Capital Outlay Bond Fund which is hereby established in the State Treasury. These funds shall be available for expenditure when appropriated. (b) One billion two hundred fifty million dollars ($1,250,000,000) of the bonds described in subdivision (a), shall only be issued and sold pursuant to this chapter on or after July 1, 2000. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  57. 100457.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    $165 million in bond proceeds must be allocated in fiscal year 2000–01 for specified higher education campus development purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100457. (a) Of the amount of bonds issued and sold pursuant to subdivision (b) of Section 100455, one hundred sixty-five million dollars ($165,000,000) shall be allocated in the 2000–01 fiscal year to be available only for the following purposes: (1) The development of new campuses of the University of California. (2) The development of new campuses, small campuses with enrollments of less than 5,000 full-time equivalent students, and off-campus centers at the California State University and the California Community Colleges. (b) The amount of the allocation of funds required pursuant to this section for the development of new campuses may be reduced by a future legislative act if the Legislature finds that state funds have been provided from sources other than the proceeds of bonds for capital outlay costs. The reduction shall be limited to the amount actually provided from sources other than bond proceeds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  58. 100460.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Higher Education Facilities Finance Committee may create state debt or liabilities to provide funds for specified higher education institutions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 1. Program Provision [100450 - 100460] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100460. The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 34. (AB 1936) Effective January 1, 2023.)
  59. 1005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county board member’s term is not changed by boundary changes, and the member keeps representing the same constituents for that term.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1005. (a) Notwithstanding subdivision (a) of Section 1000, the term of office of any member of a county board of education who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the area from which the member was elected and that member shall continue to represent the constituents residing in the area boundaries from which the member was elected for the duration of that term of office. This section does not prevent a board from assigning a trustee or county office of education official to provide constituent services to residents of an area that is temporarily not represented by a trustee due to redistricting. (b) At the first election for a member of the county board of education following adoption of the boundaries of trustee areas, excluding a special election to fill a vacancy or a recall election, a member shall be elected for each area under the new trustee area plan that has the same district number as a trustee area whose incumbent’s term is due to expire. (c) For a county board of education employing both a primary and a general election, a change in the boundaries of a trustee area shall not be made between the direct primary election and the general election. (Repealed and added by Stats. 2023, Ch. 343, Sec. 5. (AB 764) Effective January 1, 2024.)
  60. 100500.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The state may issue and sell up to $2.5 billion in bonds for this chapter’s purposes, and the Treasurer must sell the authorized bonds when needed to meet apportionment-related expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100500. (a) Bonds in the total amount of two billion five hundred million dollars ($2,500,000,000), not including the amount of any refunding bonds issued in accordance with Section 100555, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  61. 100510.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The chapter’s bonds must be handled under the State General Obligation Bond Law, except for one specified code section.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100510. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 1998 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers, including the construction of buildings and the acquisition of related fixtures, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, for the equipping of new, renovated, or reconstructed facilities, which equipment shall have a useful life of at least 10 years, to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings. (Amended by Stats. 2022, Ch. 478, Sec. 35. (AB 1936) Effective January 1, 2023.)
  62. 100520.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The committee may authorize and sell bonds only as needed to fund legislatively authorized apportionments, and it must decide whether issuing bonds is necessary or desirable and how much to issue.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100520. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  63. 100525.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Revenue officers must do whatever is necessary to collect an annual additional sum to pay the bonds’ principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100525. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  64. 100530.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    This section appropriates money from the General Fund for this chapter, including amounts needed to pay bond principal and interest and to carry out Section 100545.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100530. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100545, appropriated without regard to fiscal years. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  65. 100535.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The board may ask for an interim loan, but the request cannot exceed the unsold bonds authorized for sale, and the board must sign any documents needed to get and repay the loan.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100535. The board, as defined in subdivision (b) of Section 100510, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100510, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  66. 100540.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    If the Treasurer sells certain bonds with a federal tax opinion, the Treasurer may keep separate accounts and use bond proceeds or earnings to make federal-law payments or take other actions needed to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100540. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  67. 100545.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and those funds must be deposited in the bond fund and later repaid with interest. Certain funding requests must also include a five-year capital outlay plan, and university or college requests must include a seismic-retrofit prioritization schedule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100545. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 1998 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2002–03 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  68. 100550.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    Money in the 1998 Higher Education Capital Outlay Bond Fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund to credit bond-interest expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100550. All money deposited in the 1998 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  69. 100555.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The bonds may be refunded under the referenced Government Code procedures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100555. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  70. 100560.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. )

    Verify source ↗

    The Legislature states that bond sale proceeds under this chapter are not treated as “proceeds of taxes,” so Article XIII B limits do not apply to their disbursement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] ( Part 68 added by Stats. 1998, Ch. 407, Sec. 16. ) ## CHAPTER 3. Higher Education Facilities [100450 - 100560] ( Chapter 3 added by Stats. 1998, Ch. 407, Sec. 16. ) ## ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 16. ) ## 100560. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)
  71. 1006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A registered voter may serve on the county board of education, except certain county school employees and related staff. The county board or county residents may propose term-limit changes, but any limit on terms applies only prospectively and needs voter approval at a regularly scheduled election.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1006. (a) Any registered voter is eligible to be a member of the county board of education except the county superintendent of schools or any member of his or her staff, or any employee of a school district that is within the jurisdiction of the county board of education. (b) Notwithstanding any other law, the county board of education may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the county board of education may serve on the county board of education. Any proposal to limit the number of terms a member of the county board of education may serve on the county board of education shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (c) An initiative measure proposed pursuant to subdivision (b) shall be subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 2012, Ch. 499, Sec. 1. (AB 1662) Effective January 1, 2013.)
  72. 100600.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This part is named the Kindergarten–University Public Education Facilities Bond Act of 2002 and may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100600. This part shall be known and may be cited as the Kindergarten–University Public Education Facilities Bond Act of 2002. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  73. 100601.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    References to California statutory law in this part include later amendatory and supplementary acts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100601. The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  74. 100603.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section authorizes up to $13.05 billion in bonds and requires the Treasurer to sell them under the section’s conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 1. General [100600 - 100603] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100603. (a) Bonds in the total amount of thirteen billion fifty million dollars ($13,050,000,000), not including the amount of any refunding bonds issued in accordance with Sections 100644 and 100755, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2006, Ch. 538, Sec. 148. Effective January 1, 2007. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 47 on Nov. 5, 2002.)
  75. 100610.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Bond proceeds must be deposited into the 2002 State School Facilities Fund and allocated by the State Allocation Board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100610. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 100625) shall be deposited in the 2002 State School Facilities Fund, which is established in Section 17070.40, and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  76. 100615.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Money deposited in the 2002 State Facilities Fund for this chapter is available and appropriated for specified school-facility funding uses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100615. All moneys deposited in the 2002 State Facilities Fund for the purposes of this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 100620, to provide funds to repay any money advanced or loaned to the 2002 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  77. 100620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section allocates bond proceeds to several school-facility funding purposes and lets school districts use certain funds only for listed modernization purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100620. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of three billion four hundred fifty million dollars ($3,450,000,000) for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that file an application with the Office of Public School Construction after February 1, 2002, including, but not limited to, hardship applications. (A) Of the amount allocated pursuant to this paragraph, up to one hundred million dollars ($100,000,000) shall be available for providing school facilities to charter schools pursuant to a statute enacted after the effective date of the act enacting this section. (B) If the Housing and Emergency Shelter Trust Fund Act of 2002 is submitted to the voters at the November 5, 2002, general election and fails passage by the voters, of the amount allocated pursuant to this paragraph, twenty-five million dollars ($25,000,000) shall be available for the purposes of Sections 51451.5, 51453, and 51455 of the Health and Safety Code. (2) The amount of one billion four hundred million dollars ($1,400,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that file an application with the Office of Public School Construction after February 1, 2002, including, but not limited to, hardship applications. (3) The amount of two billion nine hundred million dollars ($2,900,000,000) for new construction of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that have filed an application with the Office of Public School Construction on or before February 1, 2002, including, but not limited to, hardship applications. If the amount made available for purposes of this paragraph is not needed and expended for the purposes of this paragraph, the State Allocation Board may allocate the remainder of these funds for purposes of paragraph (1). (4) The amount of one billion nine hundred million dollars ($1,900,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, for those school districts that have filed an application with the Office of Public School Construction on or before February 1, 2002, including, but not limited to, hardship applications. If the amount made available for purposes of this paragraph is not needed and expended for the purposes of this paragraph, the State Allocation Board may allocate these funds for purposes of paragraph (2). (5) The amount of one billion seven hundred million dollars ($1,700,000,000) for deposit into the 2002 Critically Overcrowded School Facilities Account established within the 2002 State School Facilities Fund pursuant to subdivision (e) of Section 17078.10, for the purposes set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10 relating to critically overcrowded schools, including, but not limited to, hardship applications, and any other new construction or modernization projects as authorized pursuant to Section 17078.30. (6) The amount of fifty million dollars ($50,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 relating to joint-use projects, including, but not limited to, hardship applications. (b) School districts may use funds allocated pursuant to paragraphs (2) and (4) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (c) Funds allocated pursuant to paragraphs (1) and (3) of subdivision (a) may, also, be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (6), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (6), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) From the total amounts set forth in paragraphs (1) to (6), inclusive, of subdivision (a), a total of no more than twenty million dollars ($20,000,000) shall be used for the costs of energy conservation adjustments authorized pursuant to Section 17077.35. (f) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  78. 100625.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The section authorizes up to $11.4 billion in bonds, excluding refunding bonds, and directs the Treasurer to sell the bonds as needed to meet expenditure timing.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100625. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100600), bonds in the total amount of eleven billion four hundred million dollars ($11,400,000,000) not including the amount of any refunding bonds issued in accordance with Section 100644, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  79. 100627.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section keeps the State School Building Finance Committee in existence for this chapter and sets how it operates.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100627. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  80. 100630.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section says the bonds must follow the State General Obligation Bond Law, except Section 16727 of the Government Code, and gives the State Allocation Board responsibility for administering the 2002 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100630. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2002 State School Facilities Fund. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  81. 100632.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    On request from the State Allocation Board, the State School Building Finance Committee must decide whether bond issuance is necessary or desirable to fund certain apportionments, and if so, how much to issue and sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100632. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100615 and 100620, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  82. 100634.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must take all necessary collection steps.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100634. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  83. 100635.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Money is appropriated from the General Fund in the State Treasury to pay bond principal and interest for this chapter, and to carry out Section 100640.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100635. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100640, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  84. 100636.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The State Allocation Board may ask for interim financing, but the request cannot exceed the amount of unsold bonds authorized for sale. If a loan is obtained, the Board must sign the documents needed and the loaned money must be deposited in the fund used under this chapter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100636. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  85. 100638.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    If bond sales meet the stated federal tax conditions, the Treasurer may keep bond proceeds and earnings in separate accounts and may use them for required federal rebate, penalty, or other payments, or for other federal-law actions to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100638. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  86. 100640.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and withdrawn money must be deposited into the 2002 State School Facilities Fund and later returned to the General Fund with interest from bond-sale proceeds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100640. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2002 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  87. 100642.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Money in the 2002 State School Facilities Fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as a credit against bond interest expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100642. All money deposited in the 2002 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  88. 100644.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The bonds may be refunded under the cited Government Code refunding procedures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100644. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  89. 100646.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this chapter are not treated as “proceeds of taxes” for Article XIII B, so their disbursement is not subject to that article’s limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100646. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  90. 100650.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. General [100650- 100650.] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section establishes the 2002 Higher Education Capital Outlay Bond Fund and authorizes the Higher Education Facilities Finance Committee to create state debt to fund higher education facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 1. General [100650- 100650.] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100650. (a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. (b) The 2002 Higher Education Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 36. (AB 1936) Effective January 1, 2023.)
  91. 100652.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100652- 100652.] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    A specified bond-proceeds amount must be deposited into the 2002 Higher Education Capital Outlay Bond Fund and, when appropriated, may be spent for this article’s purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100652- 100652.] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100652. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of four hundred eight million two hundred sixteen thousand dollars ($408,216,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 37. (AB 1936) Effective January 1, 2023.)
  92. 100653.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [100653- 100653.] ( Article 3 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Bond proceeds must be deposited into the 2002 Higher Education Capital Outlay Bond Fund, and the funds may be used only for the article’s purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [100653- 100653.] ( Article 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100653. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of four hundred ninety-five million nine hundred thirty-two thousand dollars ($495,932,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  93. 100654.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100654- 100654.] ( Article 4 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Bond proceeds must be deposited into the 2002 Higher Education Capital Outlay Bond Fund, and those proceeds may be used for California Community Colleges capital projects and related costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100654- 100654.] ( Article 4 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100654. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of seven hundred forty-five million eight hundred fifty-three thousand dollars ($745,853,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  94. 1007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets how county board of education members are elected and when they take office.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1007. (a) Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the second Friday in December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms. (b) This section shall govern the election and term of office of members of a county board of education except as provided under Sections 1302 and 10404.5 of the Elections Code. (Amended by Stats. 2018, Ch. 146, Sec. 1. (AB 2449) Effective January 1, 2019.)
  95. 100700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Treasurer must sell authorized bonds, up to $1.65 billion, for the chapter’s purposes and related reimbursement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100700. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100600), bonds in the total amount of one billion six hundred fifty million dollars ($1,650,000,000), not including the amount of any refunding bonds issued in accordance with Section 100755, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 21. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 47 on Nov. 5, 2002.)
  96. 100710.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    This section says the chapter’s bonds must be handled under the State General Obligation Bond Law, with one exception, and the bond proceeds may fund aid for specified California public higher education projects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100710. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2002 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 38. (AB 1936) Effective January 1, 2023.)
  97. 100720.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Higher Education Facilities Finance Committee may issue bonds only as needed for Budget Act-authorized apportionments, and it must decide whether issuance is necessary or desirable and how much to sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100720. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  98. 100725.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    State revenue officers must take all necessary steps to collect an additional yearly sum needed to pay bond principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100725. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  99. 100730.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The section appropriates money from the General Fund for this chapter, including amounts needed to pay bond principal and interest and to carry out Section 100745.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100730. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100745, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  100. 100735.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The board may ask for interim financing, but only up to the amount of unsold bonds authorized for sale, and it must sign any documents needed to obtain and repay the loan.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100735. The board, as defined in subdivision (b) of Section 100710, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100710, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  101. 100740.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and use those proceeds or earnings for federal-law-required payments or other actions to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100740. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  102. 100745.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this chapter, but only up to the amount of unsold authorized bonds; withdrawn money must be deposited in the bond fund and later returned to the General Fund with interest. Certain funding requests must also include a five-year capital outlay plan.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100745. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Amended by Stats. 2022, Ch. 478, Sec. 39. (AB 1936) Effective January 1, 2023.)
  103. 100750.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    Money in the 2002 Higher Education Capital Outlay Bond Fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as credit against bond interest expenses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100750. All money deposited in the 2002 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  104. 100755.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The bonds may be refunded under the referenced Government Code refunding provisions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100755. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  105. 100760.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. )

    Verify source ↗

    The Legislature declares that proceeds from the sale of bonds authorized by this chapter are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] ( Part 68.1 added by Stats. 2002, Ch. 33, Sec. 30. ) ## CHAPTER 3. Higher Education Facilities [100650 - 100760] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 30. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 30. ) ## 100760. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.)
  106. 1008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a vacancy exists on a county board of education on or after December 1, 1978, it must be filled using the procedure in Article 3 starting with Section 5090.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1008. When any vacancy exists on the county board of education of any county on or after December 1, 1978, the vacancy shall be filled in the manner prescribed in Article 3 (commencing with Section 5090) of Chapter 1 of Part 4. (Repealed and added by Stats. 1979, Ch. 9.)
  107. 100800.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section says the part may be cited as the Kindergarten-University Public Education Facilities Bond Act of 2004.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100800. This part shall be known and may be cited as the Kindergarten-University Public Education Facilities Bond Act of 2004. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  108. 100801.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    References in this part to California statutory law include later amendatory and supplementary acts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100801. The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  109. 100803.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The section authorizes up to $12.3 billion in bonds and directs the Treasurer to sell them under the stated conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 1. General [100800 - 100803] ( Chapter 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100803. (a) Bonds in the total amount of twelve billion three hundred million dollars ($12,300,000,000), not including the amount of any refunding bonds issued in accordance with Sections 100844 and 100955, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  110. 100810.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Bond proceeds must be deposited into the 2004 State School Facilities Fund and allocated by the State Allocation Board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100810. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 100825) shall be deposited in the 2004 State School Facilities Fund, which is established in Section 17070.40, and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  111. 100815.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Money in the 2004 State Facilities Fund for this chapter must be available and is appropriated for specified school-funding uses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100815. All moneys deposited in the 2004 State Facilities Fund for the purposes of this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 100820, to provide funds to repay any money advanced or loaned to the 2004 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  112. 100820.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section allocates bond proceeds to specified school-facility purposes and limits how school districts may use one category of funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100820. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of five billion two hundred sixty million dollars ($5,260,000,000) for project funding for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10, including, but not limited to, hardship applications. (A) Of the amount allocated pursuant to this paragraph, up to three hundred million dollars ($300,000,000) shall be available for providing school facilities to charter schools pursuant to a statute enacted after the effective date of the act enacting this section. (B) If the Housing and Emergency Shelter Trust Fund Act of 2002 is submitted to the voters at the November 5, 2002, general election and fails passage by the voters, of the amount allocated pursuant to this paragraph, twenty-five million dollars ($25,000,000) shall be available for the purposes of Sections 51451.5, 51453, and 51455 of the Health and Safety Code. (2) The amount of two billion two hundred fifty million dollars ($2,250,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, including, but not limited to, hardship applications. (3) The amount of two billion four hundred forty million dollars ($2,440,000,000) for deposit into the 2004 Critically Overcrowded School Facilities Account established within the 2004 State School Facilities Fund pursuant to subdivision (e) of Section 17078.10 for the purposes set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10 relating to critically overcrowded schools, including, but not limited to, hardship applications, and any other new construction or modernization projects as authorized pursuant to Section 17078.30. (4) The amount of fifty million dollars ($50,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 relating to joint-use projects, including, but not limited to, hardship applications. (b) School districts may use funds allocated pursuant to paragraph (2) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may, also, be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (4), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) From the total amounts set forth in paragraphs (1) to (4), inclusive, of subdivision (a), a total of no more than twenty million dollars ($20,000,000) shall be used for the costs of energy conservation adjustments authorized pursuant to Section 17077.35. (f) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  113. 100825.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section authorizes up to $10 billion in bonds, excluding refunding bonds, and directs the Treasurer to sell the authorized bonds when needed for apportionment-related expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100825. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100800), bonds in the total amount of ten billion dollars ($10,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 100844, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  114. 100827.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The State School Building Finance Committee is kept in existence for this chapter, the Treasurer chairs it, and the Director of Finance must help it as needed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100827. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  115. 100830.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The bonds must be handled under the State General Obligation Bond Law, except for Section 16727, and the State Allocation Board is the board for administering the 2004 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100830. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2004 State School Facilities Fund. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  116. 100832.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The State School Building Finance Committee must decide, when asked by the State Allocation Board and supported by an apportionment statement, whether bonds should be issued and how much to issue and sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100832. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100815 and 100820, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  117. 100834.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Each year, a sum must be collected to pay the bonds’ principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100834. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  118. 100835.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Money is appropriated from the General Fund for this chapter’s purposes, including bond principal and interest payments and carrying out Section 100840.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100835. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100840, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  119. 100836.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The State Allocation Board may ask for interim financing for this chapter, but the request cannot exceed authorized unsold bonds, and the board must sign required loan documents and deposit loaned amounts into the fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100836. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  120. 100838.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and may use those funds to make payments or take other actions needed to preserve federal tax treatment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100838. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  121. 100840.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and withdrawn money must be deposited into the 2004 State School Facilities Fund and later returned with interest from bond sale proceeds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100840. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2004 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  122. 100842.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Money in the 2004 State School Facilities Fund that comes from bond premium and accrued interest must stay reserved in the fund and may be transferred to the General Fund as credit for bond interest expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100842. All money deposited in the 2004 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  123. 100844.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The bonds may be refunded under the Government Code refunding law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100844. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  124. 100846.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ( Chapter 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100846. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  125. 100850.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. General [100850- 100850.] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section establishes the 2004 Higher Education Capital Outlay Bond Fund in the State Treasury and gives the Higher Education Facilities Finance Committee power to create state debt or liabilities to fund higher education purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 1. General [100850- 100850.] ( Article 1 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100850. (a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. (b) The 2004 Higher Education Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 40. (AB 1936) Effective January 1, 2023.)
  126. 100852.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100852- 100852.] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    $690 million from specified bond proceeds must be deposited into the 2004 Higher Education Capital Outlay Bond Fund for this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100852- 100852.] ( Article 2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100852. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 41. (AB 1936) Effective January 1, 2023.)
  127. 100853.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [100853- 100853.] ( Article 3 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Bond proceeds must include $690 million deposited into a specified fund, and those funds may be used for California State University capital projects and related preconstruction costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [100853- 100853.] ( Article 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100853. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  128. 100854.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100854- 100854.] ( Article 4 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    $920 million from certain bond proceeds must be deposited into the 2004 Higher Education Capital Outlay Bond Fund, and the funds may be used for this article’s purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100854- 100854.] ( Article 4 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100854. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of nine hundred twenty million dollars ($920,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  129. 1009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each county board of education must hold a yearly organization meeting and elect one of its members as president.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1009. The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the second Friday in December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the second Friday in December or the first day in July. (Amended by Stats. 2018, Ch. 146, Sec. 2. (AB 2449) Effective January 1, 2019.)
  130. 100900.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The section authorizes up to $2.3 billion in bonds and directs the Treasurer to sell the bonds when needed for expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100900. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100800), bonds in the total amount of two billion three hundred million dollars ($2,300,000,000), not including the amount of any refunding bonds issued in accordance with Section 100955, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 22. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 55 on March 2, 2004.)
  131. 100910.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section says the chapter’s bonds must be handled under the State General Obligation Bond Law, except for one cited Government Code section, and the bond proceeds may be used to fund specified higher education facilities and aid.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100910. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2004 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 42. (AB 1936) Effective January 1, 2023.)
  132. 100920.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The committee may authorize and sell bonds only as needed to fund the Legislature-approved apportionments, and it must decide whether issuing bonds is necessary or desirable and how much to issue.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100920. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  133. 100925.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    State revenue officers must collect an additional yearly sum needed to pay bond principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100925. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  134. 100930.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    State General Fund money is appropriated for this chapter to pay bond principal and interest and to carry out Section 100945.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100930. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100945, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  135. 100935.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The board may ask for an interim loan, but its request cannot exceed the amount of unsold bonds authorized for sale. If it gets the loan, the board must sign the documents required to obtain and repay it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100935. The board, as defined in subdivision (b) of Section 100910, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100910, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  136. 100940.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and may use those proceeds or earnings to make federal-law payments or take other federal-law actions needed to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100940. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  137. 100945.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and certain funding requests must include a five-year capital outlay plan.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100945. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Amended by Stats. 2022, Ch. 478, Sec. 43. (AB 1936) Effective January 1, 2023.)
  138. 100950.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    Money in the 2004 Higher Education Capital Outlay Bond Fund that comes from bond premium and accrued interest must stay in the fund and can be transferred to the General Fund as a credit for bond interest spending.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100950. All money deposited in the 2004 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  139. 100955.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    This section says the bonds may be refunded under a specified Government Code article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100955. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  140. 100960.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. )

    Verify source ↗

    The Legislature declares that proceeds from the sale of bonds authorized by this chapter are not treated as “proceeds of taxes,” so disbursement of those proceeds is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] ( Part 68.2 added by Stats. 2002, Ch. 33, Sec. 31. ) ## CHAPTER 3. Higher Education Facilities [100850 - 100960] ( Chapter 3 added by Stats. 2002, Ch. 33, Sec. 31. ) ## ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] ( Article 5 added by Stats. 2002, Ch. 33, Sec. 31. ) ## 100960. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)
  141. 1010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools serves ex officio as secretary and executive officer of the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1010. The county superintendent of schools is ex officio secretary and executive officer of the board. (Enacted by Stats. 1976, Ch. 1010.)
  142. 101000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section says the part is named the Kindergarten-University Public Education Facilities Bond Act of 2006 and may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101000. This part shall be known and may be cited as the Kindergarten-University Public Education Facilities Bond Act of 2006. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  143. 101001.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    If this part refers to California statutory law, that reference also includes later amendments and supplementary acts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101001. The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  144. 101002.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The section authorizes up to $10,416,000,000 in bonds, and the Treasurer must sell the authorized bonds as needed. The State of California pledges to repay principal and interest when due.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 1. General [101000 - 101002] ( Chapter 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101002. (a) Bonds in the total amount of ten billion four hundred sixteen million dollars ($10,416,000,000), not including the amount of any refunding bonds issued in accordance with Sections 101030, 101039, and 101059, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  145. 101010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Bond proceeds must be deposited into the 2006 State School Facilities Fund and allocated by the State Allocation Board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101010. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 101020) shall be deposited in the 2006 State School Facilities Fund established in the State Treasury under subdivision (d) of Section 17070.40 and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  146. 101011.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money in the 2006 State School Facilities Fund may be used for specified school facilities aid and repayments.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101011. All moneys deposited in the 2006 State School Facilities Fund for the purposes of this chapter shall be available to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 101012, to provide funds to repay any money advanced or loaned to the 2006 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  147. 101012.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Bond proceeds must be allocated among specified school-facility purposes, and school districts may use certain modernization funds only for listed uses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101012. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of one billion nine hundred million dollars ($1,900,000,000) for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10. Of the amount allocated under this paragraph, up to 10.5 percent shall be available for purposes of seismic repair, reconstruction, or replacement, pursuant to Section 17075.10. (2) The amount of five hundred million dollars ($500,000,000) shall be available for providing school facilities to charter schools pursuant to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of Part 10. (3) The amount of three billion three hundred million dollars ($3,300,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (4) (A) The amount of five hundred million dollars ($500,000,000) for the purposes set forth in Article 13 (commencing with Section 17078.70) of Chapter 12.5 of Part 10, relating to facilities for career technical education programs. (B) Of the amount not yet approved for allocation by the State Allocation Board pursuant to this paragraph by January 1, 2015, 50 percent shall be available for the purpose of paragraph (1), and 50 percent shall be available for purposes of paragraph (3). If an apportionment or State Allocation Board approval pursuant to this paragraph is rescinded after January 1, 2015, the rescinded amount shall be available for the purposes of paragraphs (1) and (3). The State Allocation Board shall determine the percentage of the rescinded amount to be used for purposes of paragraph (1) and the percentage of the rescinded amount to be used for purposes of paragraph (3). (5) Of the amounts allocated under paragraphs (1) and (3), up to two hundred million dollars ($200,000,000) for the purposes set forth in Chapter 894 of the Statutes of 2004, relating to incentives for the creation of smaller learning communities and small high schools. (6) The amount of twenty-nine million dollars ($29,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 of Division 1 of Title 1, relating to joint use projects. (7) The amount of one billion dollars ($1,000,000,000) shall be available for providing new construction funding to severely overcrowded schoolsites pursuant to Article 14 (commencing with Section 17079) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (8) (A) The amount of one hundred million dollars ($100,000,000) for incentive grants to promote the use of designs and materials in new construction and modernization projects that include the attributes of high-performance schools, including, but not limited to, the elements set forth in Section 17070.96, pursuant to regulations adopted by the State Allocation Board. (B) Of the amount not yet approved for allocation by the State Allocation Board pursuant to this paragraph by January 1, 2015, 50 percent shall be available for purposes of paragraph (1), and 50 percent shall be available for purposes of paragraph (3). If an apportionment or State Allocation Board approval pursuant to this paragraph is rescinded on or after January 1, 2015, the rescinded amount shall be available for purposes of paragraphs (1) and (3). The State Allocation Board shall determine the percentage of the rescinded amount to be used for purposes of paragraph (1) and the percentage of the rescinded amount to be used for purposes of paragraph (3). (b) School districts may use funds allocated pursuant to paragraph (3) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high-priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may also be used to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (8), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (8), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Amended by Stats. 2014, Ch. 39, Sec. 4. (SB 869) Effective June 20, 2014. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.)
  148. 101020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section authorizes up to $7.329 billion in bonds and requires the Treasurer to sell the authorized bonds when needed to cover expenditures tied to apportionments.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101020. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the amount of seven billion three hundred twenty-nine million dollars ($7,329,000,000) not including the amount of any refunding bonds issued in accordance with Section 101030, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  149. 101021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The State School Building Finance Committee continues to exist for this chapter, with the Treasurer as chair.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101021. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  150. 101022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Bonds under this chapter must follow the State General Obligation Bond Law, except conflicting Section 16727 of the Government Code, and the State Allocation Board is designated as the board for administering the 2006 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101022. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2006 State School Facilities Fund. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  151. 101023.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The State School Building Finance Committee must decide, when requested by the State Allocation Board, whether bonds should be issued for the chapter’s apportionments and how much to issue and sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101023. (a) Upon request of the State Allocation Board, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) A request of the State Allocation Board pursuant to subdivision (a) shall be supported by a statement of the apportionments made and to be made for the purposes described in Sections 101011 and 101012. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  152. 101024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Revenue officers must do whatever is necessary to collect the additional sum needed each year to pay the bonds’ principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101024. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  153. 101025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money is appropriated from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 101028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101025. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101028, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  154. 101026.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The State Allocation Board may ask for interim financing to carry out this chapter, but the request cannot exceed authorized unsold bonds, and any required loan documents must be signed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101026. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  155. 101027.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    If the Treasurer sells qualifying bonds, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them to make federal-law-required payments or take other actions needed or desirable to preserve the bonds’ tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101027. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  156. 101028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Director of Finance may withdraw limited money from the General Fund for this chapter, up to the amount of unsold authorized bonds, and the withdrawn money must be deposited in the 2006 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101028. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  157. 101029.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money in the 2006 State School Facilities Fund that comes from bond premiums and accrued interest must be kept in the fund and may be transferred to the General Fund as a credit for bond interest spending.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101029. All money deposited in the 2006 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  158. 101030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    These bonds may be refunded under the referenced Government Code article, and voter approval for the bonds also covers refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101030. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  159. 101031.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Legislature declares that proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ( Chapter 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101031. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  160. 101032.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. General [101032- 101032.] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    A bond fund is established in the State Treasury, and the Higher Education Facilities Finance Committee is authorized to create state debt or liabilities to provide funds for California Community Colleges.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. General [101032- 101032.] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101032. (a) The 2006 California Community College Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (b) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the California Community Colleges. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  161. 101033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. California Community College Program Provisions [101033- 101033.] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section directs that $1.507 billion from certain bond proceeds be deposited in the 2006 California Community College Capital Outlay Bond Fund, and says appropriated funds may be spent for the article’s purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. California Community College Program Provisions [101033- 101033.] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101033. (a) From the proceeds of bonds issued and sold pursuant to Article 3 (commencing with Section 101034), the sum of one billion five hundred seven million dollars ($1,507,000,000) shall be deposited in the 2006 California Community College Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  162. 101034.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section authorizes up to $1.507 billion in bonds for California Community College facilities and directs the Treasurer to sell them as needed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101034. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the total amount of one billion five hundred seven million dollars ($1,507,000,000), not including the amount of any refunding bonds issued in accordance with Section 101039, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) It is the intent of the Legislature that the California Community Colleges annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental), and, that on or before May 15th of each year, those entities report their findings to the budget committees of each house of the Legislature. (c) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  163. 101034.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section makes the chapter’s bonds subject to the State General Obligation Bond Law, with one conflicting exception, and says the bond proceeds may be used to fund aid for California Community College construction and related facilities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101034.5. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2006 Community College Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the California Community Colleges for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  164. 101035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Higher Education Facilities Finance Committee may authorize and sell bonds only as needed to fund legislatively authorized apportionments, and it must decide whether issuing bonds is necessary or desirable and set the bond amount if so.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101035. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  165. 101035.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    State revenue must be collected each year to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101035.5. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  166. 101036.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money is appropriated from the General Fund for this chapter’s purposes, including paying bond principal and interest and funding Section 101037.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101036. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101037.5, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  167. 101036.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The board may request interim financing for this chapter, but the request cannot exceed the amount of unsold bonds authorized for sale. If a loan is obtained, the board must sign the required documents and the loaned money must be deposited in the fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101036.5. The board, as defined in subdivision (b) of Section 101034.5, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 101034.5, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  168. 101037.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use them to make required federal-law payments or take other federally required or desirable steps to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101037. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  169. 101037.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Director of Finance may authorize certain withdrawals from the General Fund, and community college requests for these bond funds must include a five-year capital outlay plan and a seismic-retrofitting schedule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101037.5. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 California Community College Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the California Community Colleges shall be accompanied by the five-year capital outlay plan that reflects the needs and priorities of the community college system and is prioritized on a statewide basis. Requests shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular college, seismic hazards in buildings identified as high priority by the college. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  170. 101038.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money in the specified bond fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as a credit for bond-interest expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101038. All money deposited in the 2006 California Community College Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  171. 101039.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    These bonds may be refunded under the cited Government Code refunding rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101039. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  172. 101039.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Legislature states that proceeds from the sale of bonds authorized by this chapter are not treated as proceeds of taxes, so disbursement of those proceeds is not subject to the limitations in Article XIII B of the California Constitution.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 3. California Community College Facilities [101032 - 101039.5] ( Chapter 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101039.5. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  173. 101040.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. General [101040- 101040.] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section defines the public university system covered by the chapter, creates the 2006 University Capital Outlay Bond Fund in the State Treasury, and authorizes the Higher Education Facilities Finance Committee to create state debt or liabilities for chapter purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 1. General [101040- 101040.] ( Article 1 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101040. (a) The system of public universities in this state includes the University of California, the college named in Section 92200, and the California State University, and their respective off-campus centers. (b) The 2006 University Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, and the California State University. (Amended by Stats. 2022, Ch. 478, Sec. 44. (AB 1936) Effective January 1, 2023.)
  174. 101041.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [101041- 101041.] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section directs how bond proceeds are to be allocated and used for University of California and related college facilities purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [101041- 101041.] ( Article 2 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101041. (a) From the proceeds of bonds issued and sold pursuant to Article 4 (commencing with Section 101050), the sum of eight hundred ninety million dollars ($890,000,000) shall be deposited in the 2006 University Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Of the amount made available under subdivision (a), the amount of two hundred million dollars ($200,000,000) shall be used for capital improvements that expand and enhance medical education programs with an emphasis on telehealth aimed at developing high-tech approaches to health care. (d) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 45. (AB 1936) Effective January 1, 2023. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.)
  175. 101042.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [101042- 101042.] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    $690 million from bond proceeds must be deposited in the 2006 University Capital Outlay Bond Fund, and those funds may be used for specified California State University facility purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 3. Program Provisions Applicable to the California State University [101042- 101042.] ( Article 3 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101042. (a) From the proceeds of bonds issued and sold pursuant to Article 4 (commencing with Section 101050), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2006 University Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  176. 101050.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section authorizes up to $1.58 billion in bonds for chapter purposes and requires the Treasurer to sell the bonds when needed for apportionment-related expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101050. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the amount of one billion five hundred eighty million dollars ($1,580,000,000), not including the amount of any refunding bonds issued in accordance with Section 101059, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 24. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.)
  177. 101051.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section says the chapter’s bonds must be handled under the State General Obligation Bond Law, with one conflict-based exception, and it designates certain state agencies as the “board” for funded projects.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101051. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2006 University Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, and the California State University, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 46. (AB 1936) Effective January 1, 2023.)
  178. 101052.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The committee may authorize bond issuance only as needed to fund Budget Act apportionments and must decide whether issuance is necessary or desirable, including the amount to issue and sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101052. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  179. 101053.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Revenue officers must do whatever is necessary to collect the extra sum needed each year to pay bond principal and interest.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101053. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  180. 101054.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    This section appropriates money from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 101057.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101054. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101057, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  181. 101055.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The board may request an interim loan, but the request cannot exceed the amount of unsold bonds authorized by resolution, and the board must sign any required repayment documents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101055. The board, as defined in subdivision (b) of Section 101051, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 101051, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  182. 101056.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    If certain bonds are sold with a bond counsel opinion that their interest is excluded from federal gross income, the Treasurer may keep separate accounts and use the bond proceeds or earnings for federal-law-required rebates, penalties, payments, or other actions needed or desirable to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101056. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  183. 101057.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and certain funding requests must include a five-year capital outlay plan.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101057. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 University Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, or the California State University shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. (Amended by Stats. 2022, Ch. 478, Sec. 47. (AB 1936) Effective January 1, 2023.)
  184. 101058.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    Money in the 2006 University Capital Outlay Bond Fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund to credit bond-interest expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101058. All money deposited in the 2006 University Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  185. 101059.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The bonds may be refunded under the referenced Government Code refunding procedure.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101059. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  186. 101060.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. )

    Verify source ↗

    The section states that bond sale proceeds under this chapter are not treated as tax proceeds under Article XIII B, so their disbursement is not subject to that article’s limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] ( Part 69 added by Stats. 2006, Ch. 35, Sec. 16. ) ## CHAPTER 4. University Facilities [101040 - 101060] ( Chapter 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## ARTICLE 4. University Fiscal Provisions [101050 - 101060] ( Article 4 added by Stats. 2006, Ch. 35, Sec. 16. ) ## 101060. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.)
  187. 1011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board must hold regular meetings at times it chooses, but at least once each month, and those meetings must follow the referenced Government Code chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. County Boards of Education [1000 - 1097] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1011. Regular meetings of the board shall be held at times it may determine, but not less than once per month and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. (Amended by Stats. 1987, Ch. 1452, Sec. 4.)
  188. 101110.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 1. General [101110 - 101112] ( Chapter 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    This part is known and may be cited as the Kindergarten Through Community College Public Education Facilities Bond Act of 2016.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 1. General [101110 - 101112] ( Chapter 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101110. This part shall be known, and may be cited, as the Kindergarten Through Community College Public Education Facilities Bond Act of 2016. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  189. 101112.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 1. General [101110 - 101112] ( Chapter 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    Up to $9 billion in bonds may be issued and sold for the listed purposes, excluding certain refunding bonds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 1. General [101110 - 101112] ( Chapter 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101112. Bonds in the total amount of nine billion dollars ($9,000,000,000), not including the amount of any refunding bonds issued in accordance with Sections 101140 and 101149, or so much thereof as is necessary, may be issued and sold for the purposes set forth in Sections 101130 and 101144. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  190. 101120.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    Bond proceeds under this chapter must be deposited in the 2016 State School Facilities Fund and allocated by the State Allocation Board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101120. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 2016 State School Facilities Fund established in the State Treasury under Section 17070.41 and shall be allocated by the State Allocation Board pursuant to this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  191. 101121.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    Money deposited in the 2016 State School Facilities Fund must be used for specified school facilities purposes and reimbursements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101121. All moneys deposited in the 2016 State School Facilities Fund for the purposes of this chapter shall be available to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), as it read on January 1, 2015, as set forth in Section 101122, to provide funds to repay any money advanced or loaned to the 2016 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  192. 101122.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    Bond proceeds are split among specified school-facility purposes, and school districts may use certain modernization funds only for listed modernization uses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] ( Article 1 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101122. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of three billion dollars ($3,000,000,000) for new construction of school facilities of applicant school districts pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (2) The amount of five hundred million dollars ($500,000,000) shall be available for providing school facilities to charter schools pursuant to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (3) The amount of three billion dollars ($3,000,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (4) The amount of five hundred million dollars ($500,000,000) for facilities for career technical education programs pursuant to Article 13 (commencing with Section 17078.70) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (b) School districts may use funds allocated pursuant to paragraph (3) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high-priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may also be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, as those provisions read on January 1, 2015, shall be in effect until the full amount of bonds authorized for new school facility construction pursuant to paragraph (1) of subdivision (a) have been expended, or December 31, 2020, whichever is sooner. Thereafter, Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code may be amended pursuant to law. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  193. 101130.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

    Verify source ↗

    The section authorizes up to $7 billion in bonds, excluding certain refunding bonds, and directs the Treasurer to sell the bonds when needed to meet apportionment-related expenditures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101130. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101110), bonds in the amount of seven billion dollars ($7,000,000,000) not including the amount of any refunding bonds issued in accordance with Section 101140, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  194. 101131.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    This section keeps the State School Building Finance Committee in existence for this chapter and sets out who serves on it, who chairs it, and who advises or assists it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101131. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  195. 101132.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    This section says the chapter’s bonds must be handled under the State General Obligation Bond Law, with specified exceptions, and designates the State Allocation Board to administer the 2016 State School Facilities Fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101132. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all acts amendatory thereof and supplementary thereto, are hereby incorporated into this chapter as though set forth in full within this chapter, except subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply to the bonds authorized by this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2016 State School Facilities Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  196. 101133.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    On request of the State Allocation Board, the State School Building Finance Committee must decide whether to issue bonds for related apportionments and, if so, how much to issue and sell.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101133. (a) Upon request of the State Allocation Board, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the related apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) A request of the State Allocation Board pursuant to subdivision (a) shall be supported by a statement of the apportionments made and to be made for the purposes described in Sections 101121 and 101122. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  197. 101134.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    Each year, an additional sum must be collected to pay the bonds’ principal and interest, and revenue officers must do whatever is necessary to collect it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101134. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  198. 101135.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    This section appropriates General Fund money for this chapter, including amounts needed to pay bond principal and interest and to carry out Section 101138.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101135. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101138, appropriated without regard to fiscal years. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  199. 101136.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    The State Allocation Board may request interim financing for this chapter, but the request cannot exceed authorized unsold bonds. If a loan is obtained, the Board must sign required documents and loaned amounts must be deposited in the fund for allocation under the chapter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101136. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds (exclusive of refunding bonds) that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The State Allocation Board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the State Allocation Board in accordance with this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)
  200. 101137.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. )

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    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use or direct those funds for federal-law-required payments or other federal-law actions to preserve tax-exempt status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 14. MISCELLANEOUS [99000 - 101460] ( Division 14 enacted by Stats. 1976, Ch. 1010. ) ## PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] ( Part 70 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ( Chapter 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] ( Article 2 added November 8, 2016, by initiative Proposition 51, Sec. 3. ) ## 101137. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)

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