Government Code — Part 76 | GOV — United States — California law | Esheria

Government Code

Part 76 of 107 · provisions 15,001–15,200

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 62117.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    When qualifying low- or moderate-income housing is developed, the authority must require priority access for displaced low- or moderate-income persons and families, keep a priority list, and provide that list to the property owner before any certificate of occupancy is issued.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62117. Whenever all or any portion of a revitalization plan area is developed with low- or moderate-income housing units and whenever any low- or moderate-income housing units are developed with any authority assistance or pursuant to Section 62120, the authority shall require in the recorded covenants for those units that the housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the revitalization project. Those persons and families shall be given priority in renting or buying that in advance of marketing the units to the general public. Failure to give that priority shall not affect the validity of title to real property; however, a unit may not be counted as a replacement or production unit in the event of noncompliance with this provision. The authority shall keep a list of persons and families of low and moderate income displaced by the revitalization project who are to be given priority, and may establish reasonable rules for determining the order or priority on the list. The list shall be provided to the owner of those properties at or before any certificate of occupancy is issued. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  2. 62118.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    If housing is insufficient for displaced low- and moderate-income people, the creating city council or board must make land available, and the authority may direct housing development or rehabilitation to cover the shortage.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62118. If insufficient suitable housing units are available in the plan area for low- and moderate-income persons and families to be displaced from a community revitalization area, the city council or board of supervisors that created the authority shall assure that sufficient land be made available within its territorial jurisdiction for suitable housing for rental or purchase by low- and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by persons and families of low and moderate income displaced by the revitalization project, the authority may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the community, both inside and outside of revitalization plan areas. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  3. 62119.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    Permanent housing must be made available within two years after occupants are displaced, and temporary housing must be available in the meantime.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62119. Permanent housing facilities shall be made available within two years from the time occupants are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to the units from which the displaced occupants were displaced. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  4. 62120.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must replace certain destroyed or removed low- and moderate-income housing with comparable affordable units, and it must impose affordability and recordkeeping rules for affected housing units.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62120. (a) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a revitalization project that is subject to a written agreement with the authority or where financial assistance has been provided by the authority, the authority shall, within two years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the authority. One hundred percent of the replacement dwelling units shall be available at an affordable housing cost to persons in the same or a lower income category (extremely low, low, very low, or moderate), as the persons displaced from those destroyed or removed units. (b) (1) Prior to the time limit on the effectiveness of the community revitalization plan established pursuant to subdivision (g) of Section 62003 at least 30 percent of all new and substantially rehabilitated dwelling units developed by an authority shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to, and occupied by, persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (2) (A) (i) Prior to the time limit on the effectiveness of the revitalization plan established pursuant to subdivision (g) of Section 62003 at least 15 percent of all new and substantially rehabilitated dwelling units developed within a plan area under the jurisdiction of an authority by public or private entities or persons other than the authority shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to, and occupied by, persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (ii) To satisfy this paragraph, in whole or in part, the authority may cause, by regulation or agreement, to be available, at an affordable housing cost, to, and occupied by, persons and families of low or moderate income or to very low income households, as applicable, two units outside a project area for each unit that otherwise would have been required to be available inside a project area. (iii) “Substantially rehabilitated dwelling units” means all units substantially rehabilitated, with authority assistance. (iv) As used in this paragraph and in paragraph (1), “substantial rehabilitation” means rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value. (B) To satisfy the requirements of paragraph (1) and subparagraph (A), the authority may purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on multifamily units that restrict the cost of renting or purchasing those units that either: (i) are not presently available at affordable housing cost to persons and families of low- or very low income households, as applicable; or (ii) are units that are presently available at affordable housing cost to this same group of persons or families, but are units that the authority finds, based upon substantial evidence, after a public hearing, cannot reasonably be expected to remain affordable to this same group of persons or families. (C) To satisfy the requirements of paragraph (1) and subparagraph (A), the long-term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing cost to, and occupied by, persons and families of low or very low income, for the longest feasible time but not less than 55 years for rental units and 45 years for owner-occupied units. Not more than 50 percent of the units made available pursuant to paragraph (1) and subparagraph (A) may be assisted through the purchase or acquisition of long-term affordability covenants pursuant to subparagraph (B). Not less than 50 percent of the units made available through the purchase or acquisition of long-term affordability covenants pursuant to subparagraph (B) shall be available at affordable housing cost to, and occupied by, very low income households. (D) To satisfy the requirements of paragraph (1) and subparagraph (A), each mutual self-help housing unit, as defined in subparagraph (C) of paragraph (1) of subdivision (f) of Section 62101, that is subject to a 15-year deed restriction shall count as one-third of a unit. (3) The requirements of this subdivision shall apply independently of the requirements of subdivision (a). The requirements of this subdivision shall apply, in the aggregate, to housing made available pursuant to paragraphs (1) and (2), respectively, and not to each individual case of rehabilitation, development, or construction of dwelling units, unless an agency determines otherwise. (4) Each authority, as part of the community revitalization and investment plan required by Section 62003, shall adopt a plan to comply with the requirements of this subdivision. The plan shall be consistent with the community’s housing element. The plan shall be reviewed and, if necessary, amended at least in conjunction with the plan implementation cycle. The plan shall ensure that the requirements of this subdivision are met every 10 years. If the requirements of this subdivision are not met by the end of each 10-year period, the agency shall meet these goals on an annual basis until the requirements for the 10-year period are met. If the agency has exceeded the requirements within the 10-year period, the agency may count the units that exceed the requirement in order to meet the requirements during the next 10-year period. (c) (1) The authority shall require all replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to, and occupied by, persons and families of extremely low income, low-income, moderate-income, and very low income households, respectively, for the longest feasible time, but for not less than 55 years for rental units, 45 years for home ownership units, and 15 years for mutual self-help housing units, as defined in subparagraph (C) of paragraph (1) of subdivision (f) of Section 62101, except as set forth in paragraph (2). Nothing in this paragraph precludes the agency and the developer of the mutual self-help housing units from agreeing to 45-year deed restrictions. (2) Notwithstanding paragraph (1), the authority may permit sales of owner-occupied units prior to the expiration of the 45-year period, and mutual self-help housing units prior to the expiration of the 15-year period, established by the authority for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the authority’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program that establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds, based on the length of occupancy. The remainder of the excess proceeds of the sale shall be allocated to the authority, and deposited into the Low and Moderate Income Housing Fund. The authority shall, within three years from the date of sale pursuant to this paragraph of each home ownership or mutual self-help housing unit subject to a 45-year deed restriction, and every third mutual self-help housing unit subject to a 15-year deed restriction, expend funds to make affordable an equal number of units at the same or lowest income level as the unit or units sold pursuant to this paragraph, for a period not less than the duration of the original deed restrictions. Only the units originally assisted by the authority shall be counted towards the authority’s obligations under Section 62120. (3) The requirements of this section shall be made enforceable in the same manner as provided in paragraph (7) of subdivision (f) of Section 62101. (4) If land on which the dwelling units required by this section are located is deleted from the plan area, the authority shall continue to require that those units remain affordable as specified in this subdivision. (5) For each unit counted towards the requirements of subdivisions (a) and (b), the authority shall require the recording in the office of the county recorder of covenants or restrictions that ensure compliance with this subdivision and shall comply with the requirements of paragraphs (3) and (4) of subdivision (f) of Section 62101. (d) Except as otherwise authorized by law, this section does not authorize an authority to operate a rental housing development beyond the period reasonably necessary to sell or lease the housing development. (e) Notwithstanding subdivision (a), the authority may replace destroy or remove dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: (1) The total number of bedrooms in the replacement dwelling units equals or exceeds the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this purpose to have one bedroom. (2) The replacement units are affordable to, and occupied by, the same income level of households as the destroyed or removed units. (f) “Longest feasible time,” as used in this section, includes, but is not limited to, unlimited duration. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  5. 62120.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must adopt a replacement housing plan before certain property agreements that would remove dwelling units from low- and moderate-income housing, and must circulate a draft at least 30 days before adoption.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62120.5. (a) Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate-income housing market, the authority shall adopt by resolution a replacement housing plan. Not less than 30 days prior to adopting a replacement housing plan by resolution, the authority shall make available a draft of the proposed replacement housing plan for review and comment by property owners and residents within the plan area, any persons who have requested notice of that replacement housing plan, other public agencies, and the general public. The replacement housing plan shall include all of the following: (1) A description of the housing to be destroyed or removed, including the address, parcel number, number and size of units, whether the units are occupied, and if so, the income categories of the occupants, if that information is available, whether the units are rental or ownership, the rent levels or sale price of the units, and if the units have existing affordable covenants, the nature and source of the subsidy and duration of the covenants. (2) A description of the housing to be rehabilitated, developed, or constructed pursuant to Section 62120 to replace the units described in paragraph (1), including the general location of the replacement units, the number and size of the replacement units, the affordability levels of the replacement units, whether the replacement units will be rental or ownership, and duration of the affordability covenants applicable to the units. (3) An analysis of the cost of producing the replacement units and a description of the source and adequacy of funds or financing, or both, available for the rehabilitation, development, or construction. (4) A finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained. (5) The timetable for meeting the plan’s relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by Section 62120 but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the low- and moderate-income housing market until the agency has by resolution adopted a replacement housing plan. (b) Nothing in this section shall prevent an authority from destroying or removing from the low- and moderate-income housing market a dwelling unit which the authority owns and which is an immediate danger to health and safety. The authority shall, as soon as practicable, adopt by resolution a replacement housing plan with respect to that dwelling unit pursuant to this part. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  6. 62120.7.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority must prefer certain limited-equity housing cooperative proposals for replacement housing, if requested during public review and the project is efficient and timely. The cooperatives must also be organized so that the first occupants’ paid consideration stays within a 3% cap tied to cost or appraisal.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62120.7. An authority causing the rehabilitation, development, or construction of replacement dwelling units, other than single-family residences, pursuant to Section 62120, or pursuant to a replacement housing plan as required by Section 62120.5, or pursuant to provisions of a revitalization plan required by Section 62103, primarily for persons of low income, as defined in Section 50093 of the Health and Safety Code, shall give preference to those developments that are proposed to be organized as limited-equity housing cooperatives, when so requested as part of the public review, provided the project is achievable in an efficient and timely manner. The limited-equity housing cooperatives shall, in addition to the provisions of Section 817 of the Civil Code, be organized so that the consideration paid for memberships or shares by the first occupants following construction or acquisition by the corporation, including the principal amount of obligations incurred to finance the share or membership purchase, does not exceed 3 percent of the development cost or acquisition cost, or of the fair market value appraisal by the permanent lender, whichever is greater. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  7. 62121.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority must provide relocation assistance and make the payments required by the cited relocation law, including payments financed by the federal government.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62121. An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, including the making of those payments financed by the federal government. This section shall not be construed to limit any other authority which an authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for that payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  8. 62122.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority may sell or long-term lease certain acquired real property for housing displaced families and single persons, but only when requested by the city council or board of supervisors that created the authority.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62122. In order to facilitate the rehousing of families and single persons displaced by any governmental action, an authority, at the request of the city council or board of supervisors that created the authority, may dispose of the real property acquired under the provisions of subdivision (b) of section 62201, by sale or long-term lease, for use as, or development of, housing for those displaced persons. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  9. 62123.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority must monitor affordable housing, require annual reports from owners or managers, maintain and publish a housing database, and may charge fees to cover compliance costs.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62123. (a) An authority shall monitor, on an ongoing basis, any housing affordable to persons and families of low or moderate income developed or otherwise made available pursuant to any provisions of this part. As part of this monitoring, an authority shall require owners or managers of the housing to submit an annual report to the authority. The annual reports shall include for each rental unit the rental rate and the income and family size of the occupants, and for each owner-occupied unit whether there was a change in ownership from the prior year and, if so, the income and family size of the new owners. The income information required by this section shall be supplied by the tenant in a certified statement on a form provided by the authority. (b) The data specified in subdivision (a) shall be obtained by the authority from owners and managers of the housing specified therein and current data shall be included in any reports required by law to be submitted to the Department of Housing and Community Development or the Controller. The information on income and family size that is required to be reported by the owner or manager shall be supplied by the tenant and shall be the only information on income or family size that the owner or manager shall be required to submit on his or her annual report to the agency. (c) (1) The authority shall compile and maintain a database of existing, new, and substantially rehabilitated, housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund, or otherwise counted towards the requirements of subdivision (a) or (b) of Section 62120. The database shall be posted in an easily identifiable and accessible location on the authority’s Internet Web site and updated on an annual basis and shall include the date the database was last updated. The database shall require all of the following information for each owner-occupied unit or rental unit, or for each group of units, if more than one unit is subject to the same covenant: (A) The street address and the assessor’s parcel number of the property. (B) The size of each unit, measured by the number of bedrooms. (C) The year in which the construction or substantial rehabilitation of the unit was completed. (D) The date of recordation and document number of the affordability covenants or restrictions required under subdivision (f) of Section 33334.3 of the Health and Safety Code. (E) The date on which the covenants or restrictions expire. (F) For owner-occupied units that have changed ownership during the reporting year, as described in subdivision (a), the date and document number of the new affordability covenants or other documents recorded to assure that the affordability restriction is enforceable and continues to run with the land. (G) Whether occupancy in the unit or units is restricted to any special population, including, but not limited to, senior citizens and persons with disabilities. (H) Whether occupancy in the unit or units is restricted to an extremely low, very low, low-, or moderate-income household. (2) Notwithstanding subparagraphs (A) and (D) of paragraph (1), the database shall omit any property used to confidentially house victims of domestic violence. (3) Upon establishment of a database under this section, the authority shall provide reasonable notice to the community regarding the existence of the database. (d) The authority shall adequately fund its monitoring activities as needed to insure compliance of applicable laws and agreements in relation to affordable units. For purposes of defraying the cost of complying with the requirements of this section and the changes in reporting requirements enacted by the act enacting this section, an authority may establish and impose fees upon owners of properties monitored pursuant to this section. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  10. 6215.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    This section explains why the chapter exists: to keep certain home addresses confidential for people facing threats or violence because of their work.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215. The Legislature finds and declares the following: (a) Persons working in the reproductive health care field, specifically the provision of terminating a pregnancy, are often subject to harassment, threats, and acts of violence by persons or groups. (1) In 2000, 30 percent of respondents to a Senate Office of Research survey of 172 California reproductive health care providers reported they or their families had been targets of acts of violence by groups that oppose reproductive rights at locations away from their clinics or offices. (2) Persons and groups that oppose reproductive rights attempt to stop the provision of legal reproductive health care services by threatening reproductive health care service providers, clinics, employees, volunteers, and patients. The names, photographs, spouses’ names, and home addresses of these providers, employees, volunteers, and patients have been posted on Internet Web sites. From one website list that includes personal information of reproductive health care service providers, seven persons have been murdered and 14 have been injured. As of August 5, 2002, there are 78 Californians listed on this site. The threat of violence toward reproductive health care service providers and those who assist them has clearly extended beyond the clinic and into the home. (3) Nationally, between 1992 and 1996, the number of reproductive health care service providers declined by 14 percent. Nearly one out of every four women must travel more than 50 miles to obtain reproductive health care services dealing with the termination of a pregnancy. There exists a fear on the part of physicians to enter the reproductive health care field and to provide reproductive health care services. (4) Reproductive health care services are legal medical procedures. In order to prevent potential acts of violence from being committed against providers, employees, and volunteers who assist in the provision of reproductive health care services and the patients seeking those services, it is necessary for the Legislature to ensure that the home address information of these individuals is kept confidential. (b) Other individuals are also subject to harassment, threats, and acts of violence from the public because of their work with the public, which have become more frequent and serious since the start of the COVID-19 pandemic. They include, but are not limited to, public health officers and public health workers, election workers, school board members, and code enforcement officers. (1) For example, persons working in the elections field are often subject to harassment, threats, and acts of violence by persons or groups. Violent threats and harassment of election workers reached alarming levels in the 2020 general election and continued into 2021. A survey of election officials in 2021 found that one in three election officials feel unsafe because of their job, and nearly one in five listed threats to their lives as a job-related concern. (2) The names, photographs, and home addresses of these public servants have been posted on internet websites. While performing election-related duties, election officials were subjected to explicit death threats, anger-laden language and demoralizing behavior, statements that threatened their own and their family’s safety and well-being, and statements that interfered with their ability to do their job. The threat of violence toward election workers has extended beyond the polling place and into the home. (3) Experts predict a massive departure from the profession of election administration if protective measures are not implemented. In California, 15 percent of election officials have retired since the 2020 election. Elections play a vital role in a free and fair society and are a cornerstone of American democracy, but those charged with administrating elections are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential. (4) While many of these individuals wish to protect the confidentiality of their home addresses by means of address confidentiality programs operated by the Secretary of State, they may not be eligible to do so under current law. It is the intent of the Legislature in this chapter to offer address protection services to persons whose work for a public entity exposes them to violent threats, harassment, and intimidation from the public that are equivalent to what is experienced by those now eligible for the address confidentiality program pursuant to this chapter. (c) The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of a designated health care services provider, employee, volunteer, or patient, as defined in Section 6215.1, or other individual who faces threats of violence or violence from the public because of their work for a public entity, to enable interagency cooperation with the Secretary of State in providing address confidentiality for program participants, and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address. (Amended by Stats. 2025, Ch. 679, Sec. 1. (AB 82) Effective January 1, 2026.)
  11. 6215.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    This section defines key terms used throughout the chapter, including “address,” “designated health care services,” “designated health care services provider, employee, volunteer, or patient,” “designated health care services facility,” and “domicile.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (a) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter. (b) “Designated health care services” means gender-affirming health care services or reproductive health care services. (c) “Designated health care services provider, employee, volunteer, or patient” means a gender-affirming health care or a gender-affirming mental health care provider, employee, volunteer, or patient, or a reproductive health care services provider, employee, volunteer, or patient. (d) “Designated health care services facility” means a gender-affirming health care services facility or a reproductive health care services facility. (e) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code. (f) “Gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code. (g) “Gender-affirming health care and gender-affirming mental health care provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing gender-affirming health care services, or a person who owns or operates a gender-affirming health care services facility. (h) “Gender-affirming health care services facility” includes a hospital, an office operated by a licensed health care provider, a licensed clinic, or other licensed health care facility that provides gender-affirming health care services. (i) “Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility. (j) “Reproductive health care services provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing reproductive health care services, or a person who owns or operates a reproductive health care services facility. (k) “Reproductive health care services facility” includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic, or other licensed health care facility that provides reproductive health care services and includes only the building or structure in which the reproductive health care services are actually provided. (Amended by Stats. 2025, Ch. 679, Sec. 2. (AB 82) Effective January 1, 2026.)
  12. 6215.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    Certain people, businesses, and associations must not post a program participant’s home address online in specified circumstances.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.10. (a) A person, business, or association shall not publicly post or publicly display on the Internet the home address of a program participant who has made a written demand of that person, business, or association to not disclose the home address of the program participant. (b) A person, business, or association shall not knowingly post the home address of a program participant, or of the program participant’s residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. (c) This section shall not apply to an interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant. (Added by Stats. 2016, Ch. 881, Sec. 2. (AB 2263) Effective January 1, 2017.)
  13. 6215.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    The Secretary of State must give each program participant a notice explaining address-use, trust, name-change, and contact-information options.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.12. The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information: (a) The program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home. (b) The program participant may create a revocable living trust and place his or her real property into the trust to protect his or her residential street address from disclosure in real property transactions. (c) The program participant may obtain a change of his or her legal name to protect his or her anonymity. (d) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, state and local agencies, or other nonprofit organizations that may be able to assist program participants. (Added by Stats. 2016, Ch. 881, Sec. 3. (AB 2263) Effective January 1, 2017.)
  14. 6215.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    Certain California residents may apply to the Secretary of State for an address confidentiality designation, but the application must be completed in person, include required supporting materials, and the Secretary of State must certify a properly completed application.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.2. (a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a designated health care provider, employee, or volunteer, who is fearful for their safety or the safety of their family because of their affiliation with a designated health care services facility, the application shall be accompanied by all of the following: (A) Documentation showing that the individual is to commence employment or is currently employed as a provider or employee at a designated health care services facility, or is volunteering at a designated health care services facility. (B) One of the following: (i) A certified statement signed by a person authorized by the designated health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats, harassment, or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor. (ii) A certified statement signed by the employee or patient of, or volunteer for, the designated health care services facility stating that they have been the target of threats, harassment, or acts of violence within one year of the date of the application because of their association with the designated health care services facility. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor. (iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence to the applicant or the minor or incapacitated person on whose behalf the application is made and connected with the designated health care services facility. (C) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to their affiliation with the designated health care services facility authorized to provide the declaration described in subparagraph (B). (2) If the applicant alleges that the basis for the application is that the applicant is a designated health care services facility volunteer, the application shall, in addition to the documents specified in paragraph (1), be accompanied by documentation by the designated health care services facility showing the length of time the volunteer has committed to working at the facility. (3) If the applicant alleges that the basis of the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a person who is or has been the target of threats or acts of violence because the applicant is obtaining or seeking to obtain services at a designated health care services facility within one year of the date of the application, the application shall be accompanied by the following: (A) A sworn statement that the applicant has good reason to fear for their safety or the safety of their family. (B) Any police, court, or other governmental agency records or files that show any complaints of the alleged threats or acts of violence. (4) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail. (A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process. (B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it. (C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action. (D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants. (5) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State. (6) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of threats or acts of violence or harassment toward the applicant. (7) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application. (b) An application may be submitted on the basis that a person is employed by or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made is employed by a public entity or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity and is fearful for their safety or the safety of their family because of their work for the public entity, the application shall be accompanied by all of the following: (A) Documentation showing that the individual is to commence employment or is currently employed by a public entity or performs work pursuant to a contract with a public entity in an occupation where workers have faced threats of violence or violence or harassment from the public because of their work for the public entity. (B) One of the following: (i) A certified statement signed by a person affiliated with the applicant’s place of work or employment who has personal knowledge of the circumstances at the place of work or employment, stating that workers or employees have been the target of threats or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor. (ii) A certified statement signed by the worker or employee, stating that they have been the target of threats or acts of violence or harassment within one year of the date of the application because of their work for a public entity. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor. (iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence connected with the applicant’s work for a public entity or the minor or incapacitated person on whose behalf the application is made. (C) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made, due to their work for a public entity. (2) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail. (A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process. (B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it. (C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action. (D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants. (3) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State. (4) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence or harassment toward the applicant. (5) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application. (c) Applications shall be filed with the office of the Secretary of State. (d) Submitted applications shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter. No applicant who is a patient of a designated health care services facility shall be required to pay an application fee or the annual fee under this program. (e) The Address Confidentiality for Reproductive Health Care Services Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter. (f) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants, with the exception of designated health care services facilities volunteers, shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. Designated health care services facility volunteers shall be certified until six months from the last date of volunteering with the facility. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State. (g) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision. (h) For purposes of this section: (1) “Harassment” is repeated, unreasonable, and unwelcome conduct directed at a targeted individual that would cause a reasonable person to fear for their own safety or the safety of a household member. Harassing conduct may include, but is not limited to, following, stalking, phone calls, or written correspondence. (2) “Public entity” means a federal, state, or local governmental agency. (3) “Work for a public entity” means work performed by an employee of a public entity, or work performed for a public entity by a person pursuant to a contract with the public entity. (Amended by Stats. 2025, Ch. 679, Sec. 3. (AB 82) Effective January 1, 2026.)
  15. 6215.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    A program participant must disclose employment-status changes or termination, or the Secretary of State will cancel certification. After certification ends, the Secretary of State must keep participant records confidential, retain them for three years, and then destroy them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.3. (a) The Secretary of State shall cancel certification of a program participant who fails to disclose a change in employment status, or termination as a provider or volunteer. (b) Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows: (1) Except as provided in subdivision (g) of Section 6215.4 or Section 6215.7, any records or documents pertaining to a program participant shall be held confidential. (2) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed without further notice. (Amended by Stats. 2012, Ch. 270, Sec. 8. (SB 1082) Effective January 1, 2013.)
  16. 6215.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    A program participant may withdraw by giving the Secretary of State written notice and the current identification card. The Secretary of State may terminate or refuse renewal of certification for listed reasons, must give written notice before termination, and the participant has 30 business days to appeal.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.4. (a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and his or her current identification card. Certification shall be terminated on the date of receipt of this notification. (b) The Secretary of State may terminate a program participant’s certification and invalidate his or her authorization card for any of the following reasons: (1) The program participant’s certification term has expired and certification renewal has not been completed. (2) The Secretary of State has determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement. (3) The program participant no longer resides at the residential address provided to the Secretary of State, and has not provided at least seven days’ prior notice in writing of a change in address. (4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable. (5) The program participant who is a provider, employee, or volunteer fails to disclose a change in employment, or termination as volunteer or provider. (6) The program participant, who reaches 18 years of age during his or her certification term, has not renewed his or her certification within 60 days of him or her reaching 18 years of age. (c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person has abandoned his or her domicile in this state. (d) If termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 business days in which to appeal the termination under procedures developed by the Secretary of State. (e) The Secretary of State shall notify in writing the county elections official and authorized personnel of the appropriate county clerk’s office, and county recording office of the program participant’s certification withdrawal, invalidation, expiration, or termination. (f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record. (g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application. (Amended by Stats. 2012, Ch. 270, Sec. 9. (SB 1082) Effective January 1, 2013.)
  17. 6215.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

    Verify source ↗

    Program participants may use a Secretary of State substitute address, and state and local agencies must accept it in public records unless specific exceptions apply.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.5. (a) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (b) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (c) A program participant may use the address designated by the Secretary of State as his or her work address. (d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing. (e) Notwithstanding subdivision (a), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department. (Amended by Stats. 2012, Ch. 270, Sec. 10. (SB 1082) Effective January 1, 2013.)
  18. 6215.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    A qualified program participant may seek to register and vote confidentially under Elections Code Section 2166.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.6. A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code. (Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)
  19. 6215.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    The Secretary of State must not make a program participant’s address available for inspection or copying, except in specified circumstances.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.7. The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, available for inspection or copying, except under any of the following circumstances: (a) If requested by a law enforcement agency, to the law enforcement agency. (b) If directed by a court order, to a person identified in the order. (c) If certification has been terminated pursuant to paragraph (2) of subdivision (b) of Section 6215.4. (Amended by Stats. 2011, Ch. 200, Sec. 8. (SB 636) Effective January 1, 2012.)
  20. 6215.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    The Secretary of State must designate state and local agencies and nonprofit agencies that may help people apply to be program participants.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.8. The Secretary of State shall designate state and local agencies and nonprofit agencies that may assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice. (Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)
  21. 6215.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    The Secretary of State may adopt rules to help administer this chapter, and must administer it in the same manner as the Safe at Home program.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6215.9. The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies. The Secretary of State shall administer this chapter together with and in the same manner as the Address Confidentiality For Victims of Domestic Violence and Stalking (Safe at Home) program. (Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)
  22. 6216.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. )

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    The Secretary of State must submit annual reports to the Legislature, start accepting program applications on April 1, 2003, and later submit a detailed report by July 1, 2006.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.2. Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity [6215 - 6216] ( Heading of Chapter 3.2 amended by Stats. 2022, Ch. 554, Sec. 5. ) ## 6216. (a) The Secretary of State shall submit to the Legislature, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this chapter. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes. (b) The Secretary of State shall commence accepting applications under this program on April 1, 2003. (c) The Secretary of State shall submit to the Legislature by July 1, 2006, a report that includes the total number of pieces of mail forwarded to program participants, the number of program participants during the program’s duration, the average length of time a participant remains in the program, and the targeted code changes needed to improve the program’s efficiency and cost-effectiveness. (Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)
  23. 6218.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. )

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    This section bars certain people and organizations from posting, disclosing, selling, or trading protected health-care providers’ or patients’ personal information or images online when done to cause or threaten harm.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. ) ## 6218. (a) (1) A person, business, or association shall not knowingly publicly post or publicly display, disclose, or distribute on internet websites or social media, the personal information or image of any designated health care services provider, employee, volunteer, or patient, or other individuals residing at the same home address, with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the designated health care services provider, employee, volunteer, or patient identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the designated health care services provider, employee, volunteer, or patient, identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. (2) A designated health care services provider, employee, volunteer, or patient whose personal information or image is made public as a result of a violation of paragraph (1), or any individual entity or organization authorized to act on their behalf, may do either or both of the following: (A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (b) (1) A person, business, or association shall not publicly post or publicly display, disclose, or distribute, on internet websites or social media, the personal information or image of a designated health care services provider, employee, volunteer, or patient if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand of that person, business, or association to not disclose the personal information or image. A written demand made under this paragraph shall include a statement declaring that the individual is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s affiliation with a designated health care services facility has expired prior to the end of the four-year period. (2) A designated health care services provider, employee, volunteer, or patient whose personal information or image is made public as a result of a failure to honor a demand made pursuant to paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (3) This subdivision does not apply to a person or entity defined in Section 1070 of the Evidence Code. (c) (1) A person, business, or association shall not solicit, sell, or trade on the internet or social media the personal information or image of a designated health care services provider, employee, volunteer, or patient with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. (2) A designated health care services provider, employee, volunteer, or patient whose personal information or image is solicited, sold, or traded in violation of paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a designated health care services patient, provider, or assistant, or any person residing at the same home address. (e) This section does not preclude punishment under any other provision of law. (Amended by Stats. 2025, Ch. 679, Sec. 4. (AB 82) Effective January 1, 2026.)
  24. 6218.01.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. )

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    A person may not post certain personal information or images on the internet or social media when the intent is to help another person commit a violent or threat-of-violence crime against specified health care services people or co-residents.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. ) ## 6218.01. (a) (1) A person shall not post on the internet or social media, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a designated health care services provider, employee, volunteer, or patient, or other individuals residing at the same home address, the personal information or image of a designated health care services patient, provider, or assistant, or other individuals residing at the same home address. (2) A violation of this subdivision is punishable by a fine of up to ten thousand dollars ($10,000) per violation, imprisonment of either up to one year in a county jail or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (3) A violation of this subdivision that leads to the bodily injury of a designated health care services provider, employee, volunteer, or patient, or other individuals residing at the same home address, is a felony punishable by a fine of up to fifty thousand dollars ($50,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (b) Nothing in this section shall preclude prosecution under any other provision of law. (Amended by Stats. 2025, Ch. 679, Sec. 5. (AB 82) Effective January 1, 2026.)
  25. 6218.05.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. )

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    This section defines terms used in the chapter on online privacy for reproductive health services providers, employees, volunteers, and patients.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.25. Online Privacy for Reproductive Health Services Providers, Employees, Volunteers, and Patients [6218 - 6218.05] ( Chapter 3.25 added by Stats. 2006, Ch. 486, Sec. 1. ) ## 6218.05. For purposes of this chapter, the following definitions apply: (a) “Designated health care services” means gender-affirming health care services or reproductive health care services. (b) “Designated health care services provider, employee, volunteer, or patient” means a gender-affirming health care or a gender-affirming mental health care provider, employee, volunteer, or patient, or a reproductive health care services provider, employee, volunteer, or patient. (c) “Designated health care services facility” means a gender-affirming health care services facility or a reproductive health care services facility. (d) “Gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code. (e) “Gender-affirming health care and gender-affirming mental health care provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing gender-affirming health care services, or a person who owns or operates a gender-affirming health care services facility. (f) “Gender-affirming health care services facility” includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic, or other licensed health care facility that provides gender-affirming health care services and includes only the building or structure in which the gender-affirming health care services are actually provided. (g) “Image” includes, but is not limited to, a photograph, video footage, sketch, or computer-generated image that provides a means to visually identify the person depicted. (h) “Personal information” means information that identifies, relates to, describes, or is capable of being associated with a reproductive health care services patient, provider, or assistant, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, license plate number, employment, employment history, and financial information. (i) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public. (j) “Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility. (k) “Reproductive health care services patient, provider, or assistant” means a person or entity, including, but not limited to, employees, staff, volunteers, and third-party vendors, that is or was involved in obtaining, seeking to obtain, providing, seeking to provide, or assisting or seeking to assist another person, at that person’s request, to obtain or provide any services in a reproductive health care services facility, or a person or entity that is or was involved in owning or operating or seeking to own or operate a reproductive health care services facility. (l) “Reproductive health care services facility” includes a hospital, clinic, physician’s office, or other facility that provides or seeks to provide reproductive health care services and includes the building or structure in which the facility is located. (m) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. (Amended by Stats. 2025, Ch. 679, Sec. 6. (AB 82) Effective January 1, 2026.)
  26. 6219.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Governmental Linguistics [6219- 6219.] ( Chapter 3.3 added by Stats. 1982, Ch. 1637, Sec. 1. )

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    State departments, commissions, offices, and other administrative agencies must write the documents they produce in plain, straightforward language and avoid technical terms as much as possible.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.3. Governmental Linguistics [6219- 6219.] ( Chapter 3.3 added by Stats. 1982, Ch. 1637, Sec. 1. ) ## 6219. (a) Each department, commission, office, or other administrative agency of state government shall write each document that it produces in plain, straightforward language, avoiding technical terms as much as possible, and using a coherent and easily readable style. (b) As used in this section, a “state agency document” means any contract, form, license, announcement, regulation, manual, memorandum, or any other written communication that is necessary to carry out the agency’s responsibilities under the law. (Added by renumbering Section 6215 (as added by Stats. 1982, Ch. 1637) by Stats. 2004, Ch. 183, Sec. 133. Effective January 1, 2005.)
  27. 62200.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    This section defines “real property” for this part of the Government Code.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62200. “Real property” means any of the following: (a) Land, including land under water and waterfront property. (b) Buildings, structures, fixtures, and improvements on the land. (c) Any property appurtenant to or used in connection with the land. (d) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by those liens. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  28. 62201.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority may acquire, dispose of, and use property for revitalization purposes, but must get an appraisal before buying real property and must follow several notice, timing, and consent limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62201. Within the plan area or for purposes of revitalization an authority may: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the authority. An authority shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the authority acquires or purchases real property. (b) Accept, at the request of the legislative body of the community, a conveyance of real property (located either within or outside the plan area) owned by a public entity and declared surplus by the public entity, or owned by a private entity. The authority may dispose of that property to private persons or to public or private entities, by sale or long-term lease for development. All or any part of the funds derived from the sale or lease of that property may, at the discretion of the legislative body of the community, be paid to the community, or to the public entity from which any of that property was acquired. (c) Sell, lease, grant, or donate real property owned or acquired by the authority in a plan area to a housing authority or to any public agency for public housing projects. (d) Offer for resale property acquired by an authority for rehabilitation and resale within one year after completion of rehabilitation. Properties held by the authority in excess of a one-year period shall be listed in the authority’s annual report with information conveying the reasons that property remains unsold and indicating plans for its disposition. (e) Acquire real property by eminent domain, provided that authority is exercised within 12 years from the adoption of the plan. (1) Every plan adopted by an authority which contemplates property owner participation in the revitalization of the plan area shall contain alternative provisions for revitalization of the property if the owners fail to participate in the revitalization as agreed. Prior to the adoption of a plan, each property owner whose property would be subject to acquisition by purchase or condemnation under the plan shall be sent a statement in nontechnical language and in a clear and coherent manner using words with common and everyday meaning to that effect attached to the notice of the hearing as required by subdivision (b) of Section 62004. Alternatively, a list or map of all properties which would be subject to acquisition by purchase or condemnation under the plan may be mailed to affected property owners with the notices of hearing pursuant to Section 62004. (2) Without the consent of an owner, an authority shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless that building requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape, or use, or it is necessary to impose upon that property any of the standards, restrictions, and controls of the plan and the owner fails or refuses to agree to participate in the plan. (3) Property already devoted to a public use may be acquired by the agency through eminent domain, but property of a public body shall not be acquired without its consent. (4) An authority shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  29. 62202.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority must not give direct assistance to certain automobile dealerships, large undeveloped developments that would generate sales or use tax unless they are office/hotel/manufacturing/industrial, or projects tied to gambling uses.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62202. An authority shall not provide any form of direct assistance to: (a) An automobile dealership that will be or is on a parcel of land which has not previously been developed for urban use. (b) A development that will be or is on a parcel of land of five acres or more which has not previously been developed for urban use and that will, when developed, generate sales or use tax pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, unless the principal permitted use of the development is office, hotel, manufacturing, or industrial. For the purposes of this subdivision, a parcel shall include land on an adjacent or nearby parcel on which a use exists that is necessary for the legal development of the parcel. (c) A development or business, either directly or indirectly, for the acquisition, construction, improvement, rehabilitation, or replacement of property that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gaming clubs, bingo operations, or any facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played. (d) The prohibition in subdivision (c) is not intended to prohibit an authority from acquiring property on or in which an existing gambling enterprise is located, for the purpose of selling or leasing the property for uses other than gambling, provided that the agency acquires the property for fair market value. (e) This section shall not be construed to apply to an authority’s assistance in the construction of public improvements that serve all or a portion of a project area and that are not required to be constructed as a condition of approval of a development described in subdivision (a), (b), or (c), or to prohibit assistance in the construction of public improvements that are being constructed for a development that is not described in subdivision (a), (b), or (c). (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  30. 62203.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    Before acquiring real property other than by eminent domain, the authority must give notice, publish it once in a newspaper, and mail it to certain recorded interest holders.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62203. (a) Any covenants, conditions, or restrictions existing on any real property within a plan area prior to the time the authority acquires title to that property, which covenants, conditions, or restrictions restrict or purport to restrict the use of, or building upon, that real property, shall be void and unenforceable as to the authority and any other subsequent owners, tenants, lessees, easement holders, mortgagees, trustees, beneficiaries under a deed of trust, or any other persons or entities acquiring an interest in that real property from that time as title to the real property is acquired by an authority whether acquisition is by gift, purchase, eminent domain, or otherwise. (b) Thirty days prior to the acquisition of real property other than by eminent domain, the authority shall provide notice of that acquisition and the provisions of this section to holders of interests which would be made void and unenforceable pursuant to this section, as follows: (1) The authority shall publish notice once in a newspaper of general circulation in the community in which the agency is functioning. (2) The authority shall mail notice to holders of those interests if those holders appear of record 60 days prior to the date of acquisition. The authority may accept any release by written instrument from the holder of any interest or may commence action to acquire that interest after the date of acquisition of the real property. (c) This section shall not apply to covenants, conditions, or restrictions imposed by an authority pursuant to a plan. This section also shall not apply to covenants, conditions, or restrictions where an authority in writing expressly acquires or holds property subject to those covenants, conditions, or restrictions. This section shall not limit or preclude any rights of reversion of owners, assignees, or beneficiaries of those covenants, conditions, or restrictions limiting the use of land in gifts of land to cities, counties, or other governmental entities. This section shall not limit or preclude the rights of owners or assignees of any land benefited by any covenants, conditions, or restrictions to recover damages against the agency if under law that owner or assignee has any right to damages. No right to damages shall exist against any purchaser from the authority or his or her successors or assignees, or any other persons or entities. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  31. 62204.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    If an authority adopts a plan but does not start eminent domain for a parcel within three years, the owner may offer to sell it for fair market value and may later sue for inverse condemnation if the authority still does not act within 18 months.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62204. (a) If an authority has adopted a plan but has not commenced an eminent domain proceeding to acquire any particular parcel of property subject to eminent domain thereunder within three years after the date of adoption of the plan, the owner or owners of the entire fee at any time thereafter may offer in writing to sell the property to the authority for its fair market value. If the authority does not, within 18 months from the date of receipt of the original offer, acquire or institute eminent domain proceedings to acquire the property, the property owner or owners may file an action against the authority in inverse condemnation to recover damages from the authority for any interference with the possession and use of the real property resulting from the plan, provided that this section shall not be construed as establishing or creating a presumption to any right to damages or relief solely by reason of the failure of the authority to acquire the property within the time set forth in this section. (b) No claim need be presented against an authority under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 as a prerequisite to commencement or maintenance of an action under subdivision (a), but any action shall be commenced within one year and six months after the expiration of the 18 months period. (c) An authority may commence an eminent domain proceeding or designate the property to be exempt from eminent domain under the plan at any time before the property owner commences an action under this section. If the authority commences an eminent domain proceeding or designates the property to be exempt from acquisition by eminent domain before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section. (d) After a property owner has commenced an action under this section, the authority may declare the property to be exempt from acquisition by eminent domain and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding. (e) Commencement of an action under this section does not affect any authority an authority may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6 of Title 7 of the Code of Civil Procedure, or abandon the eminent domain proceeding. (f) In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the authority, within that time as the court deems appropriate, to declare the property acquisition exempt or to commence an eminent domain proceeding to acquire the property. (g) A declaration that the property is exempt from acquisition by eminent domain shall be by resolution and shall be recordable. It shall exempt the property from eminent domain under the plan, and the authority shall have no power of eminent domain as to the property. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  32. 62205.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    Section 1245.260 does not apply to resolutions or ordinances adopting, approving, or amending an amendment of plan, but it does apply to certain resolutions adopted by an authority for particular parcels of real property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62205. Section 1245.260 of the Code of Civil Procedure shall not apply to any resolution or ordinance adopting, approving, or amending the amendment of plan. Section 1245.260 of the Code of Civil Procedure shall apply to a resolution adopted by an authority pursuant to Section 1245.220 of the Code of Civil Procedure with respect to a particular parcel or parcels of real property. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  33. 62206.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must require certain project-related buyers, lessees, owners, deeds, leases, and contracts to follow nondiscrimination rules when property is used in revitalization projects.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62206. (a) The authority shall obligate lessees and purchasers of real property acquired in revitalization projects undertaken or assisted by the authority and owners of property improved as a part of a revitalization project to refrain from restricting the rental, sale, or lease of the property on any basis listed in subdivision (a) or (d) of Section 12955, as those basis are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2. All deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a revitalization project shall contain or be subject to the nondiscrimination or nonsegregation clauses hereafter prescribed. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 shall apply to subdivision (a). (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  34. 62207.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must include anti-discrimination language in deeds, leases, and certain contracts for land in a revitalization project.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62207. Express provisions shall be included in all deeds, leases, and contracts that the authority proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any land in a revitalization project in substantially the following form: (a) (1) In deeds the following language shall appear: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those basis are defined in Sections 12926, 12926.1 of, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 of, and Section 12955.2 of, the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 of, and Sections 4760 and 6714 of, the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 shall apply to paragraph (1). (b) (1) In leases the following language shall appear: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those basis are defined in Sections 12926, 12926.1 of, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 of, and Section 12955.2 of, the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 of, and Sections 4760 and 6714 of, the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 shall apply to paragraph (1). (c) In contracts entered into by the agency relating to the sale, transfer, or leasing of land or any interest therein acquired by the agency within any survey area or redevelopment project the foregoing provisions in substantially the forms set forth shall be included and the contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  35. 62208.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must keep controls and land-use restrictions on property sold or leased for private use, and it must require lessees or purchasers to use the property as planned and start revitalization within a reasonable time set by the authority.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 3. Property Acquisition [62200 - 62208] ( Part 3 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62208. (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and under those conditions as are provided in the plan. The establishment of those controls is a public purpose under this division. (b) An authority shall obligate lessees or purchasers of property acquired in a revitalization project to: (1) Use the property for the purpose designated in the revitalization plans. (2) Begin the revitalization of the project area within a period of time which the authority fixes as reasonable. (3) Comply with the covenants, conditions, or restrictions that the authority deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the agency. Covenants, conditions, and restrictions imposed by an authority may provide for the reasonable protection of lenders. (4) Comply with other conditions which the authority deems necessary to carry out the purposes of this part. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  36. 62250.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    This section defines key terms used in the affordable housing authorities division.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62250. For purposes of this division, the following terms have the following meanings: (a) “Affordable housing” means housing with an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, for households whose gross income does not exceed 120 percent of the area median income. (b) “Authority” means an affordable housing authority created pursuant to this division. (c) “Authorizing resolution” means a resolution adopted pursuant to subdivision (a) of Section 62251 creating an authority. (d) “Consenting local agency” means a local agency that has adopted a resolution of its governing body consenting to the affordable housing investment plan. (e) “Plan” means an affordable housing investment plan adopted pursuant to Section 62252. The plan shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution. (f) “Property tax increment” means that portion of the ad valorem taxes, as defined under subdivision (a) of Section 1 of Article XIII A of the California Constitution, levied each year in excess of the amount levied by or for a taxing agency upon the total sum of the assessed value of the taxable property in the boundaries of an authority as defined in the resolution first establishing the authority, as shown upon the assessment roll used in connection with the taxation of that property by the taxing agency as of the last equalized roll prior to either the effective date of the authorizing resolution or, if specified in the authorizing resolution, another fiscal year no more than five years prior to the effective date of the authorizing resolution. Property tax increment shall not include taxable properties located within the boundaries of a former redevelopment agency dissolved pursuant to Section 34172 of the Health and Safety Code unless and until all obligations of the former redevelopment agency have been retired and the successor agency to the former redevelopment agency has fully dissolved. Following dissolution, for purposes of calculating property tax increment for those taxable properties located within the boundaries of a former redevelopment agency, the fiscal year following final dissolution shall serve as the last equalized roll. (g) “Real property” means any of the following: (1) Land, including land under water and waterfront property. (2) Buildings, structures, fixtures, and improvements on the land. (3) Any property appurtenant to, or used in connection with, the land. (4) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by those liens. (Amended by Stats. 2018, Ch. 862, Sec. 1. (AB 2035) Effective January 1, 2019.)
  37. 62251.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    A city, county, or city and county may create an affordable housing authority, but the authority is limited to specified housing purposes and some entities are barred from participating.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62251. (a) A city, county, or city and county may adopt a resolution creating an affordable housing authority that shall be limited to providing low- and moderate-income housing and affordable housing pursuant to this division. An authority created pursuant to this division is a public body, corporate and politic. An authority shall be deemed to be an “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution only for purposes of receiving property tax increment revenues. (b) (1) A school entity, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, may not participate in an authority created pursuant to this section. (2) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, may not participate in an authority created pursuant to this part, and an entity created pursuant to this part shall not receive any portion of the property tax revenues or other moneys distributed pursuant to Section 34188 of the Health and Safety Code. (3) An authority formed by a city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code shall not become effective until the successor agency or designated local authority for the former redevelopment agency has adopted findings of fact stating all of the following: (A) The agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code. (B) Former redevelopment agency assets that are the subject of litigation against the state, where the city or county or its successor agency or designated local authority are a named plaintiff, have not been or will not be used to benefit any efforts of an authority formed under this part unless the litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted. (C) The agency has complied with all orders of the Controller pursuant to Section 34167.5 of the Health and Safety Code. (c) The governing board of an authority created pursuant to this division shall be an odd number of members with at least five or seven members in total, as follows: (1) (A) In the case of an authority formed by a city, at least three members of the city council appointed by the city council. (B) In the case of an authority formed by a county, at least three members of the board of supervisors appointed by the board of supervisors. (C) In the case of an authority created jointly by a city and a county, at least three members of the city council and three members of the board of supervisors. (D) In the case of an authority created by a city and county, the mayor shall appoint the same number of members as are appointed by the legislative body of the city and county. Appointments made pursuant to this subparagraph shall not be subject to review by the legislative body of the city and county. (2) At least one member of the public who lives or works within the boundaries of the city or county that created the authority. (d) The boundaries of an authority created pursuant to this division may be identical to the boundaries of the city or county that created the authority. (Amended by Stats. 2018, Ch. 862, Sec. 2. (AB 2035) Effective January 1, 2019.)
  38. 62252.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority created under this division must create a housing fund and adopt an affordable housing investment plan, hold a public hearing, give notice, and consider comments before adoption.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62252. (a) An authority created pursuant to this division shall, by resolution, create a Low and Moderate Income Housing Fund and adopt an affordable housing investment plan that may include either or both of the following: (1) A provision for the receipt of property tax increment generated within the area. (2) A provision for the receipt of any tax revenues allocated to the authority pursuant to subdivision (b) of Section 62253. (b) The plan shall include each of the following elements: (1) A statement of the principal goals and objectives of the plan. (2) An affordable housing program that describes how the authority will fulfill its objective and if duties and activities will be assigned to a city or county housing department or public housing authority. (3) The estimated amount that will be deposited in the Low and Moderate Income Housing Fund during each of the next five years. (4) Estimates of the number of new, rehabilitated, or price restricted residential units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years. (5) A description of how the program will implement the requirements for expenditures of funds in the Low and Moderate Income Housing Fund over a 10-year period at various income levels. (6) Estimates of the number of units, if any, to be developed by the authority for very low, low-, and moderate-income households during the next five years. (7) A fiscal analysis setting forth the projected receipt of revenue and projected expenses over a five-year planning horizon, including the potential issuance of bonds backed by property tax increment revenues pursuant to subdivision (a) of Section 62253 during the term of the plan. (8) Time limits as follows: (A) Forty-five years for the establishing of loans, advances, and indebtedness. (B) Forty-five years for repayment of all of the authority’s debts and obligations, and fulfilling all of the authority’s housing obligations. The plan shall specify that an authority shall dissolve as a legal entity in no more than 45 years, and that no further taxes shall be allocated to the authority thereafter. Nothing in this subparagraph shall be interpreted to prohibit an authority from refinancing outstanding debt solely to reduce interest costs. (9) A feasible method or plan for relocation of families and persons to be temporarily or permanently displaced from housing facilities in the plan area. The method or plan shall be consistent with the requirements of Section 62256. (c) The authority shall hold a public hearing before adopting an affordable housing investment plan. The authority shall provide notice of that hearing in accordance with Section 6062. The authority shall consider any comments made on the plan at that hearing before adopting the plan. (Amended by Stats. 2018, Ch. 862, Sec. 3. (AB 2035) Effective January 1, 2019.)
  39. 62253.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    Certain cities, counties, and special districts may choose to direct property tax or other tax revenues to an affordable housing authority, but the authority and county auditor-controller must follow timing, notice, and spending limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62253. (a) (1) At any time before or after adoption of the plan, any city, county, or special district, other than a school entity as defined in subdivision (n) of Section 95 of the Revenue and Taxation Code or a successor agency as defined in subdivision (j) of Section 34171, that receives ad valorem property taxes from property located within an area may adopt a resolution directing the county auditor-controller to allocate its share of property tax increment within the area covered by the plan to the authority. The resolution adopted pursuant to this subdivision may direct the county auditor-controller to allocate less than the full amount of the property tax increment, and to establish a maximum amount of time in years that the allocation takes place. These amounts shall be allocated to the authority and, when collected, shall be held in a separate fund by the authority. Before adopting a resolution pursuant to this subdivision, a city, county, or special district shall approve a memorandum of understanding with the authority governing the use of property tax increment funds by the authority for administrative and overhead expenses. (2) The provision for the receipt of property tax increment shall become effective in the property tax year that begins after the December 1 immediately following the adoption of a resolution pursuant paragraph (1). A resolution adopted pursuant to paragraph (1) shall be provided to the county auditor-controller no later than the December 1 immediately following its adoption. (3) A resolution adopted pursuant to this subdivision may be repealed and be of no further effect beginning in the fiscal year following the adoption of any repeal, by giving the county auditor-controller at least 90 days’ notice prior to the end of the current fiscal year, provided, however, that the county auditor-controller shall continue to allocate the taxing entity’s share of ad valorem property taxes that have been pledged to the repayment of debt issued by the authority to the authority until that debt has been fully repaid, including by means of a refinancing or refunding, unless otherwise agreed upon by the authority and the taxing entity. For purposes of determining the annual amount of a taxing entity’s share of ad valorem property taxes that shall continue to be allocated to an authority following a repeal, the annual amount allocated for all years until the debt has been fully repaid shall be the maximum amount required to service the debt for any single annual period as provided in the authority’s debt service schedule. (4) When the loans, advances, and indebtedness of an authority, if any, and interest thereon, have been paid, or the maximum amount of time in years has passed in accordance with a resolution adopted pursuant to this subdivision, all funds thereafter received from taxes upon the taxable property in the authority’s boundaries shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. (5) All of the taxes levied and collected upon the taxable property in the boundaries of the authority shall be paid into the funds of the respective taxing agencies as though the authority had not been created unless the total assessed valuation of the taxable property in the boundaries of an authority exceeds the total assessed value of the taxable property in the boundaries as shown by the last equalized assessment roll. (b) (1) At any time before or after the adoption of the plan, a city, county, or special district, other than a school entity as defined in subdivision (n) of Section 95 of the Revenue and Taxation Code or a successor agency as defined in subdivision (j) of Section 34171, may adopt a resolution to allocate tax revenues of that entity to the authority, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of the Revenue and Taxation Code), provided that both of the following apply: (A) The use of those revenues by the authority for purposes of this division is consistent with the purposes for which that tax was imposed. (B) The boundaries of the authority are coterminous with the city or county that established the authority. (2) A resolution adopted pursuant to this subdivision may be repealed and be of no further effect, provided, however, that the tax revenues allocated to the authority that have been pledged to the repayment of debt issued by the authority shall continue to be so allocated until that debt has been fully repaid, including by means of a refinancing or refunding, unless otherwise agreed upon by the authority and the taxing entity. (c) A minimum of 95 percent of the allocated property tax increment revenues pursuant to subdivision (a), and allocated tax revenues pursuant to subdivision (b), shall be used to increase, improve, and preserve the community’s supply of housing for low, very low, and moderate-income households. Not more than 5 percent of allocated revenues may be used for administration. (d) Housing funds expended by an authority shall be spent in one of the following ways: (1) All housing funds expended in proportion to the share of the regional housing need allocated to the city, county, or city and county for each income category pursuant to Section 65584 for low, very low, and moderate-income housing. (2) All housing funds expended for the development of very low income housing. (3) All housing funds expended for one or more of the following activities: (A) Rehabilitation, expansion, or construction of one or more of the following: (i) An emergency shelter, as defined in subdivision (e) of Section 50801 of the Health and Safety Code. (ii) Supportive housing, as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code. (iii) Transitional housing, as defined in subdivision (h) of Section 50675.2 or subdivision (i) of Section 50801 of the Health and Safety Code. (B) (i) Not more than 5 percent of all housing funds may be used for ancillary services and assistance. (ii) An authority shall not use the proceeds of bonds for the purposes specified in clause (i). (C) Any activity authorized by paragraph (2) or (7) of subdivision (a) of Section 50803 of the Health and Safety Code. (4) All housing funds expended for the development of very low income housing and one or more of the activities listed in paragraph (3). (e) Prior to distributing property tax increment to the authority, the county auditor-controller shall deduct any costs incurred by the county in administering the provisions of this division. (f) This section shall not be construed to do any of the following: (1) Reduce any allocations of excess, additional, or remaining funds that would otherwise have been allocated to county superintendents of schools, cities, counties, and cities and counties pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Sections 97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1, of the Revenue and Taxation Code had this section not been enacted. (2) Alter in any way the manner in which ad valorem property tax revenue is allocated among taxing entities in a county that have not passed a resolution pursuant to subdivision (a). (3) Alter in any way the manner in which ad valorem property tax revenue growth from fiscal year to fiscal year is otherwise determined or allocated in a county. (4) Alter in any way the ad valorem property tax revenue allocations required under Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (5) Alter in any way the calculations performed pursuant to Section 95.3 of the Revenue and Taxation Code. (6) Alter in any way the manner in which ad valorem property tax revenue is allocated pursuant to Section 75.70 of the Revenue and Taxation Code. (7) Alter in any way the manner in which calculations are performed pursuant to Section 97.70 of the Revenue and Taxation Code. (Amended by Stats. 2018, Ch. 862, Sec. 4. (AB 2035) Effective January 1, 2019.)
  40. 62254.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority may carry out a list of affordable-housing related actions, including providing housing, issuing bonds, borrowing or receiving funds, adopting a housing plan, and financing related infrastructure, and it must follow any loan or grant conditions and keep land-use controls for private-use land as required by the plan.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62254. An authority may do any of the following: (a) Provide for low- and moderate-income housing and affordable housing in accordance with this division. (b) Remedy or remove a release of hazardous substances pursuant to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code. (c) Provide for seismic retrofits of existing buildings in accordance with all applicable laws and regulations. (d) Acquire and transfer real property in accordance with Section 62260. The authority shall retain controls and establish restrictions or covenants running with the land sold or leased for private use for the periods of time and under the conditions as provided in the plan. The establishment of these controls is a public purpose under this division. (e) Issue bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5, or Article 5 (commencing with Section 34350) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, provided that if any provision thereof conflicts with this division, this division shall control. (f) (1) Borrow money, receive grants, or accept financial or other assistance or investment from the state or the federal government or any other public agency or private lending institution for any project within its area of operation, and comply with any conditions of a loan or grant. An authority may qualify for funding as a disadvantaged community pursuant to Section 79505.5 of the Water Code or as defined by Section 56033.5. An authority may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the authority in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in subdivisions (c) and (d) within the territorial jurisdiction of the authority. (2) Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from a source described in subdivision (d), (e), or (f) of Section 53398.75, subject to any requirements upon, or imposed by, the city, county, or special district as to the use of these funds. (g) Adopt an affordable housing plan pursuant to Section 62252. (h) Make loans or grants for owners or tenants to improve, rehabilitate, or retrofit buildings or structures within the plan area. (i) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for purposes of providing affordable housing pursuant to this division. (j) Finance water, sewer, or other public infrastructure necessary to support the development of affordable housing pursuant to this division. (Amended by Stats. 2018, Ch. 862, Sec. 5. (AB 2035) Effective January 1, 2019.)
  41. 62255.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    When the authority has allocated more than $1,000,000 in qualifying revenues, it must contract for an independent audit each year.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62255. Commencing in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in property tax increment revenues pursuant to subdivision (a) of Section 62253 or other revenues pursuant to subdivision (b) of Section 62253, including any proceeds of a debt issuance, and each year thereafter, the authority shall contract for an independent audit conducted in accordance with generally accepted governmental auditing standards. (Amended by Stats. 2018, Ch. 862, Sec. 6. (AB 2035) Effective January 1, 2019.)
  42. 62256.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    This section requires affordable housing authorities and related local governments to plan for relocation, avoid displacing low- and moderate-income households until suitable housing is ready, provide priority and relocation assistance, and replace lost units on specified timelines.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62256. (a) An authority shall prepare a feasible method or plan for relocation of any families and persons to be temporarily or permanently displaced from housing facilities in the area affected by the affordable housing investment plan. The method or plan adopted pursuant to this section shall be incorporated into the affordable housing investment plan pursuant to subdivision (b) of Section 62252. (b) The city, county, or city and county that created the authority shall ensure that the method or plan of the authority for the relocation of families or single persons to be displaced by a rehabilitation or retrofitting project within the affordable housing investment plan area shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement and that all other requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code are met. The housing units shall be suitable to the needs of those displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The authority shall not displace the person or family until the housing units are available and ready for occupancy. (c) The authority shall require in the recorded covenants for those units that the housing be made available to the persons and families of low or moderate income displaced by a rehabilitation or retrofitting project. Those persons and families shall be given priority in renting or buying those units in advance of marketing the units to the general public. Failure to give that priority shall not affect the validity of title to real property; however, a unit may not be counted as a replacement or production unit in the event of noncompliance with this provision. The authority shall keep a list of persons and families of low and moderate income displaced by the rehabilitation or retrofitting project who are to be given priority, and may establish reasonable rules for determining the order or priority on the list. The list shall be provided to the owner of those properties at or before any certificate of occupancy is issued. (d) If insufficient suitable housing units are available in the affordable housing investment plan area for low- and moderate-income persons and families to be displaced from a rehabilitation or retrofitting project, the city council or board of supervisors that created the authority shall assure that sufficient land be made available within its territorial jurisdiction for suitable housing for rental or purchase by low- and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by persons and families of low and moderate income displaced by the rehabilitation or retrofitting project, the authority may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the community, both inside and outside of the affordable housing investment plan area. (e) Permanent housing facilities shall be made available within two years from the time occupants are displaced and pending the development of those facilities there will be available to those displaced occupants adequate temporary housing facilities at rents comparable to the units from which the displaced occupants were displaced. (f) (1) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a rehabilitation or retrofitting project that is subject to a written agreement with the authority or where financial assistance has been provided by the authority, the authority shall, within two years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the authority. One hundred percent of the replacement dwelling units shall be available at an affordable housing cost to persons in the same or a lower income category (extremely low, low, very low, or moderate), as the persons displaced from those destroyed or removed units. (2) The authority shall require all replacement dwelling units and other dwelling units rehabilitated, retrofitted, developed, constructed, or price restricted to remain available at affordable housing cost to, and occupied by, persons and families of extremely low income, low-income, moderate-income, and very low income households, respectively, for not less than 55 years for rental units or 45 years for owner-occupied units. (3) Notwithstanding subdivision (a), the authority may replace, destroy, or remove dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: (A) The total number of bedrooms in the replacement dwelling units equals or exceeds the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this purpose to have one bedroom. (B) The replacement units are affordable to, and occupied by, the same income level of households as the destroyed or removed units. (g) (1) An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, including the making of those payments financed by the federal government. (2) This subdivision shall not be construed to limit any other authority which an authority may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for that payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  43. 62257.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority is entitled to priority for assistance in housing programs run by the Department of Housing and Community Development and other state agencies and departments.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62257. An authority shall receive a priority for assistance in housing programs administered by the Department of Housing and Community Development, and other state agencies and departments. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  44. 62258.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority may transfer its housing responsibilities to a housing authority or a city or county housing department if it finds that combining funding streams will reduce administrative costs or speed affordable housing construction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62258. An authority may transfer its housing responsibilities to a housing authority or city or county housing department if it determines that combining funding streams will reduce administrative costs or expedites the construction of affordable housing. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  45. 62259.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    Housing assisted by the authority must stay affordable for set minimum periods, and the authority must secure a legal agreement restricting project use and rent levels for lower-income units.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62259. (a) All housing assisted by an authority created pursuant to this division shall remain affordable for at least 55 years for rental units and 45 years for owner-occupied units. (b) The authority shall execute an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the project’s usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  46. 62260.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An affordable housing authority may acquire, hold, and dispose of property in its area, but it must get an appraisal before buying real property and report properties held for more than a year.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62260. Within the area of the authority, an authority may: (a) Purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the authority. The authority shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the authority acquires or purchases real property. (b) Accept, at the request of the legislative body of the community, a conveyance of real property, located either within or outside the plan area, owned by a public entity and declared surplus by the public entity, or owned by a private entity. The authority may dispose of that property to private persons or to public or private entities, by sale or long-term lease for development. All or any part of the funds derived from the sale or lease of that property may, at the discretion of the legislative body of the community, be paid to the community, or to the public entity from which any of that property was acquired. (c) Sell, lease, grant, or donate real property owned or acquired by the authority in a plan area to a housing authority or to any public agency for public housing projects. (d) Offer for resale property acquired by an authority for rehabilitation and resale within one year after completion of rehabilitation. Properties held by the authority in excess of a one-year period shall be listed in the authority’s annual report with information conveying the reasons that property remains unsold and indicating plans for its disposition. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  47. 62261.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority must place and enforce land-use controls and restrictions for affordable housing property, and buyers or lessees must follow the plan, start the project on a reasonable timeline, and comply with further conditions set by the authority.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62261. (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and under those conditions as are provided in the plan. The establishment of those controls is a public purpose under this division. (b) An authority shall obligate lessees or purchasers of property acquired in an affordable housing project to: (1) Use the property for the purpose designated in the affordable housing plan. (2) Begin the project within a period of time which the authority fixes as reasonable. (3) Comply with the covenants, conditions, or restrictions that the authority deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the authority. Covenants, conditions, and restrictions imposed by an authority may provide for the reasonable protection of lenders. (4) Comply with other conditions that the authority deems necessary to carry out the purposes of this division. (Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
  48. 62261.1.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    Challenges to certain authority actions must be filed within 30 days, and qualifying authorities may sue in superior court to test the validity of their bonds or other indebtedness.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62261.1. Any action or proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan pursuant to Section 62252, the allocation of tax revenues to an authority pursuant to Section 62253, or the issuance of bonds by an authority shall be commenced within 30 days after the enactment of the resolution authorizing the action. Consistent with the time limitations of this section, an action or proceeding with respect to an allocation of tax revenues to, or the issuance of bonds by, an authority shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil procedure. An authority that receives an allocation of tax revenues pursuant to 62253 or that issues bonds, warrants, contracts, obligations, or other evidences of indebtedness may bring an action in the superior court of the county in which the authority is located to determine the validity of the bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2018, Ch. 862, Sec. 7. (AB 2035) Effective January 1, 2019.)
  49. 62262.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. )

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    An authority created under this division is treated as a local public agency and must comply with the Brown Act, Public Records Act, and Political Reform Act of 1974.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 5. Affordable Housing Authorities [62250 - 62262] ( Division 5 added by Stats. 2017, Ch. 764, Sec. 1. ) ## 62262. An authority created pursuant to this division shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (Amended by Stats. 2021, Ch. 615, Sec. 211. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  50. 62300.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    This section says the division is known as the Climate Resilience Districts Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62300. This division shall be known, and may be cited, as the Climate Resilience Districts Act. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  51. 62301.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    The Legislature states that local governments may create climate resilience districts to address climate change effects and impacts.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62301. It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing climate change effects and impacts through activities and actions that include mitigation and adaptation, as necessary and appropriate, to achieve all of the following: (a) Providing a sustained and certain level and source of funding at the local level. (b) Allowing activities and actions on an appropriate geographic basis. (c) Facilitating the receipt and use of federal, state, local, and private funds. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  52. 62302.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    This section defines key terms for climate resilience districts and requires a district to prioritize certain projects and seek community input.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62302. For purposes of this division: (a) “District” means a climate resilience district formed pursuant to this division. (b) (1) “Eligible project” means a project, including a capital project, that is designed and implemented to address climate change mitigation, adaptation, or resilience, including, but not limited to, all of the following: (A) A project that addresses river, bay, or sea level rise, or rising groundwater, including wetlands or marsh restoration, vegetated dunes, living shorelines, erosion control, or levees. (B) A project that addresses extreme heat or the urban heat island effect, including increasing shade, deploying cool building and surface materials, using cool pavements; constructing, improving, or modifying new or existing facilities; or increasing access to cooling opportunities. (C) A project that addresses extreme cold, rain, or snow, including constructing, improving, or modifying new or existing facilities. (D) A project that addresses the risk of wildfire, including establishing fire breaks, prescribed burning, structure hardening, or vegetation control. (E) A project that addresses drought, including multiuse land repurposing, groundwater replenishment, groundwater storage, or conjunctive use. (F) A project that addresses the risk of flooding, including structure elevation or relocation, wetlands restoration, flood easements or bypasses, or levees. (G) A project that intends to improve air quality. (2) At a minimum, a district shall give priority to a project that does either of the following: (A) Utilizes natural infrastructure, as defined in paragraph (3) of subdivision (c) of Section 71154 of the Public Resources Code, to address climate change adaptation or resilience based upon the best available science. (B) Addresses the needs of under-resourced communities, as defined in subdivision (g) of Section 71130 of the Public Resources Code, or vulnerable communities, as defined in subdivision (d) of Section 71340 of the Public Resources Code. (3) A district may adopt additional priorities for projects. (4) A district shall seek the input of the communities specified in subparagraph (B) of paragraph (2) in the planning, development, and implementation of projects. (c) “Participating entity” means a city, county, or special district that meets both of the following: (1) The city, county, or special district is an affected taxing entity within the climate resilience district. (2) The city, county, or special district adopts a resolution pursuant to subdivision (b) of Section 62304 that is applicable to its territory located within the climate resilience district. (d) “Participating member city or county” means a city or county that does not adopt a resolution to be a participating entity, as described in subdivision (c), and alternatively adopts a resolution at a noticed public hearing stating that it agrees to participate in, and have its territory subject to, the jurisdiction, powers, and authority of the district conditioned upon the city or county also being represented on the governing body of the district pursuant to Section 62305. (e) (1) “Property tax increment” means that portion of the ad valorem taxes, as defined under subdivision (a) of Section 1 of Article XIII A of the California Constitution, excluding any ad valorem taxes or assessments levied pursuant to subdivision (b) of Section 1 of Article XIII A of the California Constitution, divided pursuant to Section 53398.75. (2) Except as otherwise specified in this division, a district formed pursuant to this division is hereby deemed to also be an enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5 and shall be subject to statutory provisions for enhanced infrastructure financing districts. (Amended by Stats. 2024, Ch. 599, Sec. 10. (SB 1140) Effective January 1, 2025.)
  53. 62303.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    This section lets certain local entities form a climate resilience district and sets rules for the district’s boundaries and financing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62303. (a) (1) A city, county, city and county, or a combination of any of those entities may form a climate resilience district pursuant to this division. (2) The boundaries of the district shall be one of the following: (A) Coterminous with the city, county, or city and county forming the district. (B) Within a city, county, or city and county forming the district. (C) Across two or more cities, counties, or cities and counties that are forming the district. (D) A special district may join a district initiated by a city, county, city and county, or a combination of cities and counties. (b) (1) A district shall be formed for the purpose of raising and allocating funding for eligible projects and the operating expenses of eligible projects. (2) Operating expenses may include any of the following: (A) The expenses of operating the district. (B) The planning of eligible projects. (C) The operational expenses of any eligible project. (3) A district shall finance only projects described in subdivision (b) of Section 53398.52 if the project meets the definition of an eligible project. (4) A district shall use the proceeds of bonds issued by a district to finance only eligible projects that meet the requirements of subdivision (a) of Section 53398.52. (c) A district shall be deemed to be an “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution only for purposes of receiving property tax increment revenues. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  54. 62303.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    The authority is treated as a climate resilience district and gets the powers listed in Section 62307, except where subdivision (c) limits that power.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62303.5. (a) Notwithstanding the procedures for establishing a district under this division, the authority shall be deemed a climate resilience district and is hereby granted all of the powers described in Section 62307, except as provided in subdivision (c). (b) Notwithstanding subdivision (a) of Section 62305, the legislative body of the district formed pursuant to this section shall be the legislative body of the authority. (c) This section shall not grant the district the power to use any tax increment revenues unless it complies with the requirements for receiving and using tax increment revenue pursuant to subdivision (b) of Section 62304. (d) For purposes of this section, “authority” means the Sonoma County Regional Climate Protection Authority created pursuant to Division 19.1 (commencing with Section 181000) of the Public Utilities Code. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  55. 62304.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    To start establishing a district, a resolution of intention must be adopted. The city, county, or city and county must also enact a resolution on tax division, and a district that completes the listed procedures must follow the tax-division and tax-increment bond procedures.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62304. (a) Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (1) State that a district is proposed to be established pursuant to this division and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or in the office of the recorder of the county, as applicable. (2) State the type of eligible projects proposed to be financed or assisted by the district. (3) State the need for the district and the goals the district proposes to achieve. (b) The city, county, or city and county, shall enact a resolution providing for the division of taxes of any participating entity pursuant to the procedures for the preparation and adoption of an infrastructure financing plan described in Sections 53398.59 to 53398.74, inclusive. A district that completes these procedures shall follow the procedures for the division of taxes and issuance of tax increment bonds described in Sections 53398.75 to 53398.88, inclusive. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  56. 62305.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    A district must be governed by a board with the same membership as a public financing authority, and the board has the same powers and requirements unless the law says otherwise.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62305. (a) A district shall be governed by a board that has the same membership as a public financing authority as described in Section 53398.51.1. The board shall have the same powers and requirements as a public financing authority, unless otherwise specified. (b) The legislative body shall ensure the district board is established at the same time that it adopts a resolution of intention pursuant to Section 62304. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  57. 62306.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    At least 95% of allocated tax increment revenues must fund eligible projects, and no more than 5% may be used for administration.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62306. (a) A minimum of 95 percent of the allocated tax increment revenues pursuant to subdivision (b) of Section 62304 shall be used to fund eligible projects. (b) Not more than 5 percent of allocated revenues may be used for administration. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  58. 62307.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    A district may exercise listed powers within its participating territory, including levying certain assessments and charges, receiving funds, issuing bonds, contracting, hiring staff, and using temporary staff.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62307. In addition to the powers granted to an enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5, a district has the power to do all of the following within the territorial jurisdiction of a city, county, or city and county that is a participating entity, or a participating member city or county, pursuant to this division and is represented on the governing board in accordance with Section 62305: (a) (1) Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee or other service charge or fee consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2). (2) The district may levy a benefit assessment for any of the purposes authorized by this division pursuant to any of the following: (A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). (B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). (C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). (D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code. (E) Any other statutory authorization. (b) Apply for and receive grants from federal and state agencies. (c) Solicit and accept gifts, fees, grants, and allocations from public and private entities. (d) Issue revenue bonds for any of the purposes authorized by this division pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), subject to any applicable constitutional requirements. (e) Incur general obligation bonded indebtedness for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness, subject to any applicable constitutional requirements. (f) Receive and manage a dedicated revenue source. (g) Deposit or invest moneys of the district in banks or financial institutions in the state in accordance with state law. (h) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (i) Engage counsel and other professional services. (j) Enter into and perform all necessary contracts. (k) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). (l) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties. (m) Use interim or temporary staff provided by local agencies that are a members of the district. A person who performs duties as interim or temporary staff shall not be considered an employee of the district. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  59. 62308.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    This section requires counties and district officials to run, consolidate, and administer a special election for certain district revenue measures that need voter approval.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62308. (a) If a district proposes a measure that will generate revenues for the district that requires voter approval pursuant to the California Constitution, the board of supervisors of the county or counties in which the district has determined to place the measure on the ballot shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII D, or Article XVI of, the California Constitution, as applicable. (b) A district shall be deemed a district for purposes of Section 317 of the Elections Code. A measure proposed by a district that requires voter approval shall be submitted to the voters within the boundaries of the district in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (c) The district shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the district requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code. (d) The legal counsel for the district shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the district shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters. (e) Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the district. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable. (f) Notwithstanding Section 13116 of the Elections Code, if a measure proposed by a district pursuant to this division is submitted to the voters of the district in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure. (g) The county clerk of each county shall report the results of the special election to the authority. If two-thirds of all voters voting on the question at the special election vote affirmatively, or a different approval threshold required by the California Constitution at the time the election is achieved, the measure shall take effect in the counties in which the measure appeared on the ballot within the timeframe specified in the measure. (h) The county clerk of each county shall report the results of the special election to the district. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  60. 62309.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    Each district must prepare an annual expenditure plan and annual budgets, and the governing body must adopt them after public review and hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62309. (a) Each district shall prepare an annual expenditure plan that identifies and describes the operations and eligible projects undertaken by the district. The expenditure plan shall be, after public review and hearing, adopted by the governing body of the district and subject to review and revision at least annually. (b) Each district shall also prepare and adopt an annual operating budget and capital improvement budget. The annual operating budget and capital improvement budget shall be, after public review and hearing, adopted by the governing body of the district and subject to review and revision at least annually. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  61. 62310.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    A district must keep accounting records, have regular audits, issue annual financial reports, make those reports public, and—after crossing a $1,000,000 revenue threshold—contract for an independent audit each year.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62310. (a) A district shall provide for regular audits of its accounts and records, maintain accounting records, and report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. (b) A district shall provide for annual financial reports and make copies of the annual financial reports available to the public. (c) Commencing in the calendar year in which a district has allocated a cumulative total of more than one million dollars ($1,000,000) in property tax increment revenues under this division or other revenues pursuant to subdivision (b) of Section 62253, including any proceeds of a debt issuance, and each year thereafter, the district shall contract for an independent audit conducted in accordance with generally accepted governmental auditing standards. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  62. 62311.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    The district’s meetings must comply with the Ralph M. Brown Act, and its prepared, owned, used, or retained records are public records under the California Public Records Act.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62311. (a) All meetings of the district shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (b) All records prepared, owned, used, or retained by the district are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  63. 62312.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    For district-funded or district-undertaken projects, the district must get a commitment requiring the developer or general contractor and all lower-tier contractors and subcontractors to use a skilled and trained workforce, unless everyone is already bound by a qualifying project labor agreement.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62312. (a) The following requirements shall apply to a project that is undertaken or financed by a district: (1) Construction, alteration, demolition, installation, and repair work on the project shall be deemed a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (2) The district shall obtain an enforceable commitment from the developer or general contractor that the developer or general contractor and all its contractors and subcontractors at every tier will individually use a skilled and trained workforce, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code, to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades. (3) Paragraph (2) shall not apply if all contractors and subcontractors at every tier performing the work will be bound by a project labor agreement that requires the use of a skilled and trained workforce and provides for enforcement of that obligation through an arbitration procedure. (b) For purposes of this section: (1) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (2) “Skilled and trained workforce” has the same meaning as set forth in subdivision (d) of Section 2601 of the Public Contract Code. (Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
  64. 62313.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. )

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    A city or county may form a climate resilience district by resolution without the usual infrastructure financing plan procedures if the stated disaster-area conditions are met.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 6. Climate Resilience Districts [62300 - 62313] ( Division 6 added by Stats. 2022, Ch. 266, Sec. 1. ) ## 62313. (a) Notwithstanding subdivision (b) of Section 62304, a city or county may adopt a resolution providing for the division of taxes of any participating entity without following the procedures for the preparation and adoption of an infrastructure financing plan described in Sections 53398.59 to 53398.66, inclusive, if all of the following are met: (1) (A) The boundaries of the proposed district are limited to an area in which the disaster damage has caused conditions that are so prevalent and so substantial that they have caused a reduction, or a lack, of the normal predisaster usage of the area to an extent that causes a serious physical and economic burden that cannot reasonably be expected to be reversed or alleviated during the term of the infrastructure financing plan by private enterprise or governmental action, or both, without redevelopment. (B) Areas adjacent to the disaster area may be included within the boundaries of the proposed district, but those adjacent areas shall be no more than 20 percent of the total district area. (C) The city or county adopts the resolution no more than two years after the proclamation of the disaster. (2) The resolution does all of the following: (A) State that a district is proposed to be established under the terms of this division and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or in the office of the recorder of the county, as applicable. The map may identify, within a district, certain areas which shall be referred to as “project areas.” (B) State the type of public facilities and development proposed to be financed or assisted by the district in accordance with subdivision (f). (C) State the need for the district and the goals the district proposes to achieve. (D) State that incremental property tax revenue from the city or county and all affected taxing entities within the district, if approved by resolution pursuant to Section 53398.68, may be used to finance these activities. (E) (i) State that a city, county, or city and county may allocate tax revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to a district pursuant to Section 53398.75.5, if applicable. (ii) The legislative body of the city or county that elects to make an allocation pursuant to clause (i) shall enact an ordinance to establish the following: (I) The procedure by which the city or county will calculate the revenues derived from sales and use taxes and transactions and use taxes to be allocated to the district. (II) The decision process by which the city or county will determine the amount that will be dedicated to the proposed district. (F) Fix a time and place for the public meeting on the proposal. (b) (1) The city or county entity proposing formation of the district shall hold a public meeting to consider the resolution of intention to establish the district. (2) The governing board of the district shall hold a public meeting to consider the adoption of the infrastructure financing plan. (c) (1) The city or county entity proposing formation of the district shall post notice of the meeting described in paragraph (1) of subdivision (b) in an easily identifiable and accessible location on the local agency’s internet website at least 10 days before the meeting. The notice shall do all of the following: (A) Describe specifically the boundaries of the proposed area. (B) Describe the purpose of the infrastructure financing plan. (C) State the day, hour, and place when and where the public can inspect documents related to the district. (2) The governing board of the district shall post notice of the meeting described in paragraph (2) of subdivision (b) in an easily identifiable and accessible location on the district’s internet website at least 10 days before the meeting. The notice shall do all of the following: (A) Describe specifically the boundaries of the proposed area. (B) Describe the purpose of the infrastructure financing plan. (C) State the day, hour, and place when and where the public can inspect documents related to the district. (d) After adopting the resolution of intention to establish a district, the city or county shall designate an official to prepare a proposed infrastructure financing plan. This plan shall include all of the information required in Section 53398.63. The infrastructure financing plan shall be made available for public inspection at least 30 days before the governing board of the district’s public meeting. The designated official shall consult with each affected taxing entity, and, at the request of any affected taxing entity, shall meet with representatives of an affected taxing entity. Any affected taxing entity may suggest revisions to the plan. (e) The district shall follow the procedures for amending the infrastructure financing plan and providing an annual report described in subdivision (j) of Section 53398.66, except that it shall not be required to mail any written notices. (f) A district established pursuant to this section shall limit the use of its revenue to only the following: (1) The purpose of acquiring, demolishing, removing, relocating, repairing, restoring, rehabilitating, or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements, in accordance with applicable laws, which are within the district, and which have been damaged or destroyed by the disaster, which are unsafe to occupy, or which are required to be acquired, demolished, altered, or removed because of the disaster. (2) The purpose of mitigating the risk of a future disaster, including, but not limited to, both of the following: (A) Water and energy resource access and availability during emergencies and natural disasters. (B) Undergrounding and hardening of electrical lines and other utilities. (3) The purpose of supporting economic recovery from a disaster, including, but not limited to, all of the following: (A) Residential and commercial reconstruction. (B) Affordable housing development pursuant to the provisions of Section 53398.52. (C) Prevention of displacement. (D) Low-interest construction loans. (E) Capital access programs for small businesses. (F) Workforce development and job training programs. (g) Except as specifically provided in this section, a district established pursuant to this section shall comply with the provisions of this division. (h) Notwithstanding Section 53398.63, a district established pursuant to this section may plan, adopt, and implement an infrastructure financing plan, and the legislative body of the city or county that created it may approve projects in the disaster area even if it is inconsistent with the general plan, and specific plan, if applicable, of the city or county within which the district is located. (i) For a district established pursuant to this section, both of the following shall apply: (1) Bond proceeds shall not be used for costs of operations, programs, or providing services of any kind. (2) Notwithstanding Section 54902, the statement required by Section 54900 may be filed with the auditor of each levying county, and the statement and the map or plat shall be filed with each assessor whose roll is used for the levy and with the State Board of Equalization in Sacramento, no later than January 31 of the year in which the assessments or taxes are to be levied. (j) Prior to the termination of the district, a city or county may include all or a portion of the district within a separate district. However, any portion of the district included within the separate district shall meet all the requirements of this division. (k) The public members appointed in compliance with Section 62305 to the governing board of a district established pursuant to this section shall be residents of, own property in, or represent a business within the boundaries of the district and shall serve terms of not fewer than four years, subject to any applicable term limits established by the legislative body. (l) For the purposes of this section, “disaster” means a disaster for which the Governor has declared a state of emergency pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (Added by Stats. 2025, Ch. 552, Sec. 1. (SB 782) Effective October 10, 2025.)
  65. 62450.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    This section defines terms used in the downtown revitalization and economic recovery financing district provisions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62450. For purposes of this part: (a) “Commercial-to-residential conversion project” means a housing development project that converts an existing qualifying commercial building to market rate or affordable housing by either reuse of the existing commercial building or by replacing the commercial building with a new residential building. (b) “Communitywide significance” means benefits associated with the commercial-to-residential conversion project beyond the conversion of commercial space to residential dwelling units. (c) “Designated official” means the appropriate official designated pursuant to Section 62455. (d) “District board” means the governing board of the downtown revitalization and economic recovery financing district. (e) (1) “Downtown revitalization and economic recovery financing district” or “district” means a legally constituted governmental entity separate and distinct from the local government that established it pursuant to this division for the sole purpose of financing commercial-to-residential conversion projects or other projects of communitywide significance that support downtown revitalization and economic recovery as authorized by this division. A downtown revitalization and economic recovery financing district is a local agency for purposes of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5. (2) A downtown revitalization and economic recovery financing district shall be deemed a district within the meaning of Section 1 of Article XIII A of the California Constitution. (f) “Downtown revitalization financing plan” means an adopted financing plan prepared pursuant to Section 62456. (g) “Downtown San Francisco” means an area in the City and County of San Francisco bounded beginning at the intersection of Washington Street and The Embarcadero, running southerly along The Embarcadero and then King Street to 3rd Street, running northwesterly on 3rd Street to Townsend Street, running southwesterly along Townsend Street to 6th Street, running northwesterly along 6th Street to Mission Street, running southwesterly along Mission Street to 10th Street, running southeasterly along 10th Street to Minna Street, running southwesterly along Minna Street to Lafayette Street, running southeasterly along Lafayette Street to Howard Street, running southerly along Howard Street to the junction with the Central Freeway, running westerly along the Central Freeway to Market Street, running northeasterly along Market Street to Franklin Street, running northerly along Franklin Street to Golden Gate Avenue, running easterly along Golden Gate Avenue to Taylor Street, running northerly along Taylor Street to Turk Street, running easterly along Turk Street to Mason Street, running northerly along Mason Street to Ellis Street, running westerly along Ellis Street to Taylor Street, running northerly along Taylor Street to O’Farrell Street, running westerly along O’Farrell Street to Shannon Street, running northerly along Shannon Street to Geary Street, running easterly along Geary Street to Taylor Street, running northerly along Taylor Street to Bush Street, running easterly along Bush Street to Kearny Street, running northerly along Kearny Street to Sacramento Street, running easterly along Sacramento Street to Montgomery Street, running northerly along Montgomery Street to Washington Street, and running easterly along Washington Street to The Embarcadero. (h) “Governing body” means the city council or board of supervisors of a local government. (i) “Local government” means a city, county, or city and county, whether general law or chartered. (j) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (k) “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (l) “Net available revenue” means periodic distributions to a local government from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the local government after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. “Net available revenue” shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. “Net available revenue” shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code. (m) “Opted-in taxable property” means the property of a commercial-to-residential conversion project that has opted in to receive incremental tax revenue pursuant to Section 62459. (n) “Qualifying commercial building” means a commercial building identified in the downtown revitalization financing plan pursuant to subdivision (d) of Section 62456. (o) “San Francisco” means the City and County of San Francisco. (p) “Transit priority area” has the same meaning as defined in subdivision (a) of Section 21099 of the Public Resources Code. (q) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 642, Sec. 1. (AB 1445) Effective January 1, 2026.)
  66. 62451.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    The San Francisco Board of Supervisors may establish one downtown revitalization and economic recovery financing district, but only through a resolution of intention and a public hearing process.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62451. The Board of Supervisors of the City and County of San Francisco may establish one downtown revitalization and economic recovery financing district pursuant to this division. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) (1) State that a district is proposed to be established under the terms of this division and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the recorder of the county. (2) The boundaries of the district shall be limited to downtown San Francisco. (b) State the need for the district and the goals the district proposes to achieve. (c) State that incremental property tax revenue generated by investment in the commercial-to-residential conversion project from San Francisco will be used to finance these activities. (d) Fix a time and place for a public hearing by the Board of Supervisors of the City and County of San Francisco on the proposed downtown revitalization financing plan. The Board of Supervisors of the City and County of San Francisco shall hold the public hearing before the district board’s third public hearing, described in subdivision (d) of Section 62458. After the Board of Supervisors of the City and County of San Francisco public hearing, the Board of Supervisors of the City and County of San Francisco may approve or reject the proposed downtown revitalization financing plan. (Amended by Stats. 2025, Ch. 642, Sec. 2. (AB 1445) Effective January 1, 2026.)
  67. 62451.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    A local governing body may establish one downtown revitalization and economic recovery financing district, except in the City and County of San Francisco, and must hold a public hearing before the district board’s third public hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62451.5. The governing body of a local government, except the City and County of San Francisco, may establish one downtown revitalization and economic recovery financing district pursuant to this division. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that a district is proposed to be established under the terms of this division and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the recorder of the county. (b) State that the district will only finance commercial-to-residential conversion projects that meet all of the following requirements: (1) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (2) Is located within a part of the city or county where the commercial office building vacancy rate is 20 percent or greater. (3) Is located within a transit priority area. (c) State the need for the district and the goals the district proposes to achieve. (d) State that incremental property tax revenue generated by investment in the commercial-to-residential conversion project from the local government will be used to finance these activities. (e) Fix a time and place for a public hearing by the governing body on the proposed downtown revitalization financing plan. The governing body shall hold the public hearing before the district board’s third public hearing, described in subdivision (d) of Section 62458. After the governing body’s public hearing, the governing body may approve or reject the proposed downtown revitalization financing plan. (Added by Stats. 2025, Ch. 642, Sec. 3. (AB 1445) Effective January 1, 2026.)
  68. 62452.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    This section sets the district board’s membership, requires the governing body to establish the board when adopting the resolution of intention, bars compensation for board members, allows expense reimbursement, and makes the board subject to several public-law statutes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62452. (a) (1) The district board’s membership shall consist of three members of the governing body and two members of the public chosen by the governing body. The governing body may appoint one of its members to be an alternate member of the district board who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the district. The appointment of the public members shall be subject to the provisions of Sections 54970 and 54972. (2) For purposes of this subdivision, the district board may include a directly elected mayor. (b) The governing body shall ensure the district board is established at the same time that it adopts a resolution of intention pursuant to Section 62451 or 62451.5, as applicable. (c) Members of the district board shall not receive compensation but may receive reimbursement for actual and necessary expenses incurred in the performance of official duties pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5. (d) Members of the district board are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5. (e) The district board shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (Amended by Stats. 2025, Ch. 642, Sec. 4. (AB 1445) Effective January 1, 2026.)
  69. 62453.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    The district must use certain incremental tax revenues for eligible conversion projects, keep them in a special fund, and meet annual reporting, hearing, posting, and timing requirements.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62453. (a) The purpose of the district is to finance commercial-to-residential conversion projects with incremental tax revenues generated by commercial-to-residential conversion projects within the district. (b) Incremental tax revenues generated by commercial-to-residential conversion projects within the district shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes described in this section. (c) The district shall finance only commercial-to-residential conversion projects that the district determines are of communitywide significance and that provide significant benefits to the district or the surrounding community. (d) The district shall ensure that incremental tax revenues allocated to the district are limited to those revenues described in Section 62457 that are generated through commercial-to-residential conversion projects within the district that have opted in pursuant to Section 62459. (e) (1) The district shall take all of the following actions: (A) Hold an annual public hearing. (B) On or before June 30, after holding a public hearing, adopt an annual report. (C) Make available written copies of the draft of the annual report available to the public 30 days before the public hearing. (D) Post the draft of the annual report in an easily identifiable and accessible location on the district’s internet website. (2) The annual report shall contain all of the following: (A) A description of the projects undertaken by the district in the fiscal year, including any rehabilitation of structures, and a comparison of the progress expected to be made on those projects compared to the actual progress. (B) A chart comparing the actual revenues and expenses, including administrative costs, of the district to the budgeted revenues and expenses. (C) The amount of tax increment revenues received by the district. (D) A description of each commercial-to-residential conversion project within the district that opted in and the amount of tax increment revenues received. (E) An assessment of the status regarding completion of the district’s projects. (F) The amount of revenues expended by the district to assist private businesses. (3) If the district fails to adopt the annual report required by subparagraph (B) of paragraph (1), the district shall not allow for any additional properties to opt in to receiving funds from the district until the district has adopted the report. (4) Every 10 years at a public hearing required by subparagraph (A) of paragraph (1), the district shall consider the following: (A) Whether the requirements of this division continue to be met. (B) Whether amendments to the downtown revitalization plan are necessary to ensure the requirements of this division continue to be met. (Amended by Stats. 2025, Ch. 642, Sec. 5. (AB 1445) Effective January 1, 2026.)
  70. 62454.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    Creating the district or adopting a downtown revitalization financing plan is not treated as a CEQA project.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62454. The creation of the district and the adoption of a downtown revitalization financing plan pursuant to this division shall not be deemed a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2024, Ch. 274, Sec. 1. (AB 2488) Effective January 1, 2025.)
  71. 62455.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    After a resolution is adopted, the governing body must send a copy to the district board, and the district board must direct the appropriate government official to prepare a downtown revitalization financing plan.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62455. After adopting the resolution pursuant to Section 62451 or 62451.5, as applicable, the governing body shall send a copy of the resolution to the district board. The district board shall designate and direct the appropriate government official to prepare a downtown revitalization financing plan pursuant to Section 62456. (Amended by Stats. 2025, Ch. 642, Sec. 6. (AB 1445) Effective January 1, 2026.)
  72. 62456.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    An official must prepare a downtown revitalization financing plan after the district’s resolution of intention is received, and the plan must include specified mapping, housing, financing, distribution, and cost limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62456. After receipt of a copy of the resolution of intention to establish the district, the official designated pursuant to Section 62455 shall prepare a proposed downtown revitalization financing plan. The downtown revitalization financing plan shall be consistent with the general plan and applicable specific plans, and shall include all of the following: (a) A map and legal description of the proposed district, which may include all or a portion of the district designated by the governing body in its resolution of intention. (b) A description of the potential commercial-to-residential conversion projects that are proposed in the area of the district. A commercial-to-residential conversion project may be mixed use, but at least 60 percent of the square footage of the commercial-to-residential conversion shall be designated for residential use. Mixed-use developments shall be limited to residential and commercial uses. (c) A requirement that if nonresidential development is included in the development pursuant to subdivision (b), at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy. (d) (1) A requirement that an opted-in taxable property shall not receive a property tax distribution from the district unless it meets one of the following: (A) At least 5 percent of total units for rent are affordable to very low income households or the local inclusionary requirement, whichever is higher, for a minimum of 55 years. (B) At least 10 percent of total units for rent are affordable to lower income households or the local inclusionary requirement, whichever is higher, for a minimum of 55 years. (C) At least 10 percent of total units for sale are affordable to households of moderate income or the local inclusionary requirement, whichever is higher, for a minimum of 45 years. (2) For a district established in the City and County of San Francisco, the affordability requirements established pursuant to this subdivision shall not apply to the first 1,500,000 square feet of opted-in commercial-to-residential conversion projects. (e) For a district established by a city or county other than the City and County of San Francisco, a requirement that at least 30 percent of the incremental tax revenues generated by the district be used to finance the units in subdivision (d). (f) A finding that the potential commercial-to-residential conversion projects and financial assistance are of communitywide significance and provide significant benefits to an area larger than the area of the district. (g) Identification of each existing commercial building within the district that is eligible for conversion to residential use and that may opt in to receive incremental tax revenue pursuant to this division. (h) A requirement that the incremental tax revenues generated by each individual commercial-to-residential conversion project within the district that are allocated to the district by the local government be distributed by the district back to that same project for the purpose of financing necessary development costs. Each individual commercial-to-residential conversion project shall receive an annual distribution on a pay-go basis in an amount no greater than the amount of incremental tax revenues generated by that same commercial-to-residential conversion project for a maximum of 30 years or until the district ceases to exist, whichever occurs first. (i) A requirement that the first distribution of incremental tax revenue to a commercial-to-residential conversion project pursuant to subdivision (h) commence with the fiscal year that begins after the project is issued a certificate of occupancy or, if the city, county, or city and county does not issue certificates of occupancy, the project completes a final inspection. (j) A requirement that if an opted-in taxable property is sold or otherwise transferred to a new property owner, the distribution described in subdivision (h) shall also be transferred to the new property owner. (k) A requirement that any incremental tax revenues remaining after the distribution of revenues pursuant to subdivision (h) be used for downtown revitalization programs. Once the allocation of revenues has ceased, the tax increment shall be allocated to, and, when collected, shall be apportioned to, the local government. (l) A requirement that local administrative costs to implement this section do not exceed 5 percent of the tax revenues allocated pursuant to the section, not including amounts required to reimburse the local government for the costs of establishing the district or the costs described in Section 62461. (m) A financing section, which shall contain all of the following information: (1) A specification of the maximum portion of the incremental tax revenue of the local government proposed to be committed to the district for each year during which the district will receive incremental tax revenue. The portion may change over time. (2) A projection of the amount of tax revenues expected to be received by the district in each year during which the district will receive tax revenues. (3) A limit on the total number of dollars of taxes that may be allocated to the district pursuant to the plan. (4) A date on which the district will cease to exist, by which time all tax allocations to the district will end. The date shall not be more than 45 years from the date on which the district distributes funding to the first commercial-to-residential conversion project within the district. (5) An analysis of the costs to the local government of providing facilities and services to the area of the district while the area is being developed and after the area is developed. The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the local government as a result of expected development in the area of the district. (6) An analysis of the projected fiscal impact of the district and the associated development upon the local government. (n) If any residential dwelling units within the territory of the district are proposed to be removed or demolished in the course of a commercial-to-residential conversion project within the area of the district, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Article 2 (commencing with Section 66300.5) of Chapter 12 of Division 1 of Title 7. (o) The goals the district proposes to achieve for each project financed pursuant to this division. (Amended by Stats. 2025, Ch. 642, Sec. 7. (AB 1445) Effective January 1, 2026.)
  73. 62457.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    This section tells how certain taxes and revenues in a downtown revitalization financing district are divided and limited.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62457. (a) A downtown revitalization financing plan shall contain a provision that taxes, if any, levied upon opted-in taxable property in the area included within the downtown financing district each year by or for the benefit of the State of California, or the local government, shall be divided, subject to the provisions of Section 53993, as follows: (1) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for the local government upon the total sum of the assessed value of all of the opted-in taxable property in the district, as established pursuant to subdivision (c) of Section 62459, shall be allocated to, and when collected shall be paid to, that local government as taxes on all other property are paid. (2) That portion of the levied taxes each year specified in the adopted downtown revitalization financing plan for the local government in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the opted-in taxable property in a district exceeds the total assessed value of the opted-in taxable property in the district as shown by the last equalized assessment rolls referred to in paragraph (1), all of the taxes levied and collected upon the opted-in taxable property in the district shall be paid to the local government. When the district ceases to exist pursuant to the adopted downtown revitalization financing plan, all moneys thereafter received from taxes upon the opted-in taxable property in the district shall be allocated to, and, when collected, shall be apportioned to, the local government. (b) Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of the district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the oversight board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code. (c) The governing body may choose to dedicate any portion of its net available revenue, as defined in subdivision (k) of Section 62450, to the district through the downtown revitalization financing plan. (d) The downtown revitalization financing plan shall not divide revenues that are allocated to other taxing entities that are not part of the local government. (e) The portion of the incremental tax revenues described in subdivisions (a) and (c) generated by a commercial-to-residential conversion project that can be allocated to the district shall be limited to the incremental tax revenues generated by residential use in the project, with residential use measured based on square footage. (Amended by Stats. 2025, Ch. 642, Sec. 8. (AB 1445) Effective January 1, 2026.)
  74. 62458.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    The district board must hold three public hearings and give advance notice before each one; the district also has specific tasks at the first and second hearings, and may approve the plan at the third hearing if earlier conditions are met.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62458. (a) The district board shall consider adoption of the downtown revitalization financing plan at three public hearings. (b) At the first public hearing, the district shall present the draft downtown revitalization financing plan, answer questions about the district, and consider comments about the downtown revitalization financing plan. (c) At the second public hearing, the district shall consider any written and oral comments and take action to approve, modify, or reject the downtown revitalization financing plan. (d) If the district takes action to approve or modify the downtown revitalization financing plan at the second public hearing, and if the governing body approved the downtown revitalization financing plan pursuant to Section 62451 or 62451.5, as applicable, then the district may enact an ordinance or adopt a resolution to approve the downtown revitalization financing plan at the third public hearing. (e) At least 10 days before each public hearing, the district board shall give notice of the public hearing as follows: (1) The district board shall post notice of each public hearing required by this section in an easily identifiable and accessible location on the district’s internet website. (2) The district board shall do one of following: (A) Mail a written notice of the public hearing at least 10 days before each scheduled public hearing date to each landowner, resident, business owner, and labor organization that represents workers in the geographic area of the project. (B) If the district designates a contact person to receive and process any requests for an electronically mailed packet of all materials, email, at least 10 days before each scheduled public hearing date, notice of the public hearing to the email contact list assembled and maintained by the designated contact person. (C) Publish notice of each public hearing at least 10 days before each public hearing in a newspaper of general circulation in that jurisdiction. (Amended by Stats. 2025, Ch. 642, Sec. 9. (AB 1445) Effective January 1, 2026.)
  75. 62459.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    This section requires the district to set up an opt-in process for eligible conversion projects, lets projects opt in before the first building permit, and bars opt-in after December 31, 2032.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62459. (a) (1) After the adoption of the downtown revitalization financing plan, the district shall establish a process for eligible commercial-to-residential conversion projects identified pursuant to subdivision (d) of Section 62456 to opt into receiving incremental tax revenue generated by that same commercial-to-residential conversion project pursuant to this division. A district shall establish a process to reconsider the amount of incremental tax revenue to be distributed to a project if there is a change in use or the square footage of commercial space converted to housing planned to be built. (2) An eligible commercial-to-residential conversion project may opt in to receive incremental tax revenue generated by that same commercial-to-residential conversion project pursuant to this division at any time before the project is issued the first building permit for the project. (3) A commercial-to-residential conversion project shall not be eligible to opt in to receive incremental tax revenue pursuant to this division after December 31, 2032. (b) After a commercial-to-residential conversion project opts in, the district shall determine whether it meets the requirements of this division and can begin receiving property tax incremental revenues. If the district determines that the project does not meet the requirements of this division, or that it does not have enough room under the limit established pursuant to paragraph (3) of subdivision (l) of Section 62456 for the project, the district shall not allow the project to begin receiving incremental tax revenue. (c) For purposes of paragraph (1) of subdivision (a) of Section 62457, after a commercial-to-residential conversion project opts in to receive incremental tax revenue, and the district approves the project’s ability to receive incremental tax revenue, the district shall establish the base assessed value for the applicable property, which shall be the assessed value for the applicable property as shown on the assessment roll used in connection with the property by the local government, last equalized prior to the first building permit being issued as a part of the conversion of the commercial-to-residential conversion project. (d) An eligible commercial-to-residential conversion project that opts in to receive incremental tax revenue pursuant to subdivision (a) shall comply with the labor standards established in Section 62460. (Amended by Stats. 2025, Ch. 642, Sec. 10. (AB 1445) Effective January 1, 2026.)
  76. 62460.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    Certain commercial-to-residential conversion projects that opt in to receive incremental tax revenue must pay prevailing wages and follow specified labor standards.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62460. (a) Commercial-to-residential conversion projects that opt in to receive incremental tax revenue pursuant to Section 62459 are public works for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (b) For commercial-to-residential conversion projects that opt in to receive incremental tax revenue pursuant to Section 62459, the following labor standard provisions shall apply: (1) Except as provided in paragraphs (2) and (3), for projects comprising 50 or more housing units, the labor standards of Section 65912.131 shall apply. (2) Notwithstanding paragraph (1) and except as provided in paragraph (3), for projects involving buildings over 85 feet in height above grade, the labor standards of paragraph (8) of subdivision (a) of Section 65913.4 shall apply. (3) (A) Notwithstanding paragraphs (1) and (2), for projects that are streamlined under the Office to Housing Conversion Act (Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7), the labor standards of that act shall apply. (B) This paragraph shall become operative only if Assembly Bill 507 of the 2025–26 Regular Session is enacted and takes effect. (Amended by Stats. 2025, Ch. 642, Sec. 11. (AB 1445) Effective January 1, 2026.)
  77. 62461.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    The district must pay all costs the local government incurs for dividing taxes under this division for the district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62461. All costs incurred by the local government in connection with the division of taxes pursuant to this division for the district shall be paid by the district. (Amended by Stats. 2025, Ch. 642, Sec. 12. (AB 1445) Effective January 1, 2026.)
  78. 62462.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    If a local government creates a district under this division, it must prepare and submit an annual report to the relevant legislative committees.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62462. (a) If a local government establishes a district pursuant to this division, it shall develop and submit an annual report to the relevant committees of the Legislature regarding the commercial-to-residential conversion projects financed by the district. (b) The reports submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (Amended by Stats. 2025, Ch. 642, Sec. 13. (AB 1445) Effective January 1, 2026.)
  79. 62463.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    Challenges to creating a district or approving a downtown revitalization financing plan must be filed within 30 days after the resolution creating the district is enacted.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62463. Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of a downtown revitalization financing plan, including a division of taxes, shall be commenced within 30 days after the enactment of the resolution creating the district pursuant to Section 62458. Consistent with the time limitations of this section, an action or proceeding with respect to a division of taxes under this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2025, Ch. 242, Sec. 10. (SB 858) Effective January 1, 2026.)
  80. 62464.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. )

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    This section says the district’s receipt of the specified tax portion is not treated as the district receiving its own tax proceeds, or as an appropriation subject to Article XIII B limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 8. Downtown Revitalization and Economic Recovery Financing Districts [62450 - 62464] ( Division 8 added by Stats. 2024, Ch. 274, Sec. 1. ) ## 62464. This section implements and fulfills the intent of this division and of Article XIII B of the California Constitution. The allocation and payment to a district of the portion of taxes specified in Section 62457 for the purposes specified in this division, shall not be deemed the receipt by a district of proceeds of taxes levied by or on behalf of the district within the meaning or for the purposes of Article XIII B of the California Constitution, nor shall that portion of taxes be deemed receipt of proceeds of taxes by, or an appropriation subject to limitation of, any other public body within the meaning or for purposes of Article XIII B of the California Constitution or any statutory provision enacted in implementation of Article XIII B of the California Constitution. (Amended by Stats. 2025, Ch. 242, Sec. 11. (SB 858) Effective January 1, 2026.)
  81. 62500.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    This title is named the Regional Housing Finance Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62500. This title shall be known, and may be cited, as the Regional Housing Finance Act. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  82. 62502.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    This section defines key terms used in the title, including “affordable housing,” “authority,” “board,” “local government,” and “underlying land use jurisdiction.”

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62502. For purposes of this title: (a) “Affordable housing” means housing that is subject to an affordability restriction or equity sharing agreement with a public entity that reserves units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (b) “Authority” means a regional housing finance authority established pursuant to Section 62505. (c) “Board” means the governing board of a regional housing finance authority. (d) “Local government” means a city, county, or special district, including a school district or community college district. (e) “Underlying land use jurisdiction” means any of the authority’s representative cities or counties. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  83. 62503.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The Legislature declares this housing financing title applies to all cities, including charter cities.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62500 - 62503] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62503. The Legislature finds and declares that providing a regional financing mechanism for affordable housing production and preservation throughout the state is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this title applies to all cities, including charter cities. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  84. 62505.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Two or more local governments may establish a regional housing authority, unless Section 62505.1 says otherwise.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62505. (a) (1) Except as provided in Section 62505.1, two or more local governments may establish a regional housing authority pursuant to this title. (2) The authority shall be governed by a board established pursuant to Section 62506. (b) The authority shall be a separate legal entity from the local governments that establish the authority. (c) The formation and jurisdictional boundaries of the authority are not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5). (d) An authority’s purpose is to raise, administer, and allocate funding and provide technical assistance at a regional level for affordable housing development, including new construction and the preservation of existing housing to serve a range of incomes and housing types, including rental and owner-occupied housing. It is the intent of the Legislature that an authority help the region accommodate and meet its existing and projected housing needs for extremely low, very low, low-, and moderate-income households, and further the objectives of subdivision (d) of Section 65584. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  85. 62505.1.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An entity located within the jurisdiction of either named local housing authority may not participate in a regional housing authority under this chapter.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62505.1. An entity that is located within the jurisdiction of the Bay Area Housing Finance Authority established pursuant to Section 64510 or the Los Angeles County Affordable Housing Solutions Agency established pursuant to Section 64710 shall not participate in a regional housing authority established pursuant to this chapter. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  86. 62506.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    A regional housing finance authority must have a board with at least three directors, and the board must follow public meeting, record, and ethics laws.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62506. (a) An authority shall be governed by a board of directors consisting of a minimum of three directors. All directors shall be elected officials representing the cities, special districts, or counties that are members of the authority. The authority shall consist of members appointed by each of the cities, special districts, or counties that are a member of the authority in proportion to the population served by the member city, special district, or county. (b) The board shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year. (c) (1) A member of the authority board may receive a per diem for each board meeting that the member attends. The authority board shall set the amount of that per diem for a member’s attendance, but that amount shall not exceed one hundred dollars ($100) per meeting. A member shall not receive a payment for more than two meetings in a calendar month. (2) A member may waive a payment of per diem authorized by this subdivision. (d) (1) A member of the board shall serve a term of two years. (2) If a vacancy occurs on the board of directors, an individual shall fill the vacancy as specified by the representative cities, special districts, or counties. An appointment to fill a vacancy pursuant to this subparagraph shall be effective only for the remainder of the term of the office that became vacated. (e) (1) Members of the board are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5. (2) The authority shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (f) An authority shall engage in public participation processes, which shall include all of the following: (1) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, including, but not limited to, affordable housing and homelessness advocates, any public housing authority created pursuant to Article 1 (commencing with Section 34200) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code in the housing finance agency’s jurisdiction, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations. (2) Holding at least one public meeting regarding any relevant plan or proposals being considered by the authority. The authority shall hold any such meeting at a time and a location convenient for members of the public. The authority shall place each plan or proposal under consideration on a meeting agenda of the authority board for discussion at least 30 days before the authority board takes action. (3) A process for enabling members of the public to provide a single request to receive authority notices, information, and updates. (Amended by Stats. 2025, Ch. 67, Sec. 96. (AB 1170) Effective January 1, 2026.)
  87. 62507.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board may make and enforce rules, and may act by resolution when carrying out its powers and duties. Board members must use independent judgment for the interests of residents, property owners, and the public.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62507. (a) The authority board may make and enforce rules and regulations necessary for governing the authority, the preservation of order, and the transaction of business. (b) In exercising the powers and duties conferred on the authority by this title, the authority board may act by resolution. (c) A member of the authority board shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public in furthering the intent and purposes of this title. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  88. 62508.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board must hold its first meeting, and later meetings, within the jurisdiction of the local governments that created the authority.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62508. (a) The authority board shall hold its first meeting at a time and place within the jurisdiction of the local governments that established the authority. (b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the authority board, provided that meeting shall be held within the jurisdiction of the local governments that established the authority. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  89. 62509.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Five years after voters approve an initial ballot measure, the authority must review how the measure was implemented.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62509. Five years after the voters approve an initial ballot measure pursuant to Section 62521, the authority shall review the implementation of the measure. The review shall include all of the following: (a) An analysis of the expenditures to date. (b) The number of affordable housing units produced and preserved at different household income levels. (c) An analysis of the tenant protection services provided. (Amended by Stats. 2025, Ch. 67, Sec. 97. (AB 1170) Effective January 1, 2026.)
  90. 62510.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The board must form an advisory committee, and the committee must help develop funding guidelines and carry out this title.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Governing Structure [62505 - 62510] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62510. (a) (1) The board shall form an advisory committee with knowledge and experience in the areas of affordable housing finance, development, and management, including rental and owner-occupied affordable housing. The advisory committee shall assist in the development of funding guidelines and the overall implementation of this title. (2) If there is an initial moving to work agency in the housing finance agency’s jurisdiction, that agency shall have the right, but not the obligation, to be a representative on the advisory committee. (b) (1) For an authority located in a county with a population that exceeds 200,000, the advisory committee shall be composed of nine representatives. (2) For an authority located in a county with a population of 200,000 or less, the advisory committee shall be composed of five representatives. (c) Consistent with the provisions of this title, the advisory committee shall provide consultation and make recommendations to the board. The advisory committee shall meet as necessary to fulfill their roles and responsibilities. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  91. 62520.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority may take a wide range of actions to finance, develop, manage, and support affordable housing and related infrastructure.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62520. In implementing this title, an authority may do all of the following: (a) Place one measure per election on the ballot to raise revenue and allocate funds throughout the jurisdiction of the authority, as provided in Part 2 (commencing with Section 62540). (b) Establish any of the following: (1) An infrastructure finance district pursuant to Chapter 2.8 (commencing with Section 53395) of Part 1 of Division 2 of Title 5. (2) An enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5. (3) An affordable housing authority pursuant to Division 5 (commencing with Section 62250) of Title 6. (4) A climate resilience district pursuant to Division 6 (commencing with Section 62300) of Title 6. (c) Apply for and receive grants or loans from public and private entities. (d) Solicit and accept gifts, fees, grants, loans, and other allocations from public and private entities. (e) Deposit or invest moneys of the authority in banks or financial institutions, as provided in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5, including the investment of any money that is not required for the immediate necessities of the authority, as determined by the authority. (f) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (g) Engage counsel and other professional services. (h) Enter into and perform all necessary contracts. (i) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). (j) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties. (k) Utilize staff employed by the cities, special districts, and counties that established the authority, as authorized by the representative cities, counties, or special districts. (l) Allocate and deploy capital and generated fees or income in the form of grants, loans, equity, interest rate subsidies, and other financing tools to the cities, counties, other public agencies within the jurisdiction of the authority, private affordable housing developers, and nonprofit corporations organized pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) to finance affordable home ownership and rental housing development, and preserve and enhance existing affordable housing pursuant to this title, in accordance with applicable constitutional requirements. (m) Acquire, hold, and manage or cause to be managed existing buildings of five units or more that are not currently subject to a recorded deed restriction for the purpose of attaching long-term affordability restrictions on the housing units to protect against displacement. (n) Land bank, assemble parcels, and lease, purchase, or otherwise acquire land for purpose of housing development or redevelopment and associated infrastructure. For any property acquired, the authority shall have the power to set the land use and development parameters for such property, including setting the request for proposal criteria and selection process for a development partner. (o) Accept excess or surplus property from the state, for which the state shall convey its land use authority over such property. (p) Accept public land and buildings from any governmental entity within its jurisdiction and accept responsibility for the land use authority and development of such property, including entering a joint development or participation agreement. (q) Establish and modify the terms of potential capital investments deployed by the authority, including waiving or forgiving interest or principal payments. (r) Collect data on housing production and monitor progress on meeting regional and state housing goals. (s) Provide support and technical assistance to local governments in relation to producing and preserving affordable housing. (t) Provide public information about the authority’s housing programs and policies. (u) Incur and issue bonds and other indebtedness, and otherwise incur liabilities or obligations in accordance with Article 3 (commencing with Section 62580) of Chapter 2 of Part 2, and issue mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code. (v) (1) Create one or more California limited liability companies of which authority is the sole member and exercise any of the powers granted to the authority by this title through those limited liability companies. (2) Any limited liability company created pursuant to paragraph (1) shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (w) Any other implied powers necessary to carry out the intent and purposes of this title. (Amended by Stats. 2025, Ch. 67, Sec. 98. (AB 1170) Effective January 1, 2026.)
  92. 62521.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    This section requires county officials to run and administer a special election for certain revenue measures proposed by the authority, and sets filing, ballot-material, translation, result-reporting, and reimbursement rules.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62521. (a) If the authority proposes a measure pursuant to Part 2 (commencing with Section 62540) that will generate revenues and that requires voter approval pursuant to the California Constitution, the board of supervisors of the county or counties in which the authority has determined to place the measure on the ballot shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII, and Article XVI of the California Constitution, as applicable. (b) (1) For the purpose of placement of a measure on the ballot, an authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the counties, as determined by the authority, in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) If an authority has no revenues upon establishment, the appropriations limit for the authority shall be originally established based on receipts from the initial measure that would generate revenues for the authority pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution. (c) The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority board requesting consolidation and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code. (d) Notwithstanding Section 9313 of the Elections Code, the legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters. (e) (1) Each county included in the measure shall use the election materials provided by the authority, including the exact ballot question, impartial analysis, and full text of the ballot measure for inclusion in the voter information pamphlet. The summary of the ballot measure shall include, but not be limited to, all of the following: (A) A description of the purpose and goals of the measure. (B) A description of the categories of eligible expenditures to be funded. (C) An estimate of the number of affordable housing units to be built or preserved. (D) An estimate of minimum funding levels to be provided to different expenditure categories by county. (E) An overview of decisionmaking and oversight provisions applicable to the funds. (2) If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation, or authorize the authority to prepare the translation, and that translation shall be used by the other county or counties, as applicable. (f) Notwithstanding Section 13116 of the Elections Code, the elections officials of the counties where the measure proposed by the authority is placed on the ballot shall mutually agree to use the same letter designation for the measure. (g) The county clerk of each county shall report the results of the special election to the authority. If two-thirds of all voters voting on the question at the special election vote affirmatively, or a different approval threshold required by the California Constitution at the time the election is achieved, the measure shall take effect in the counties in which the measure appeared on the ballot within the timeframe specified in the measure. (h) (1) Notwithstanding Section 10520 of the Elections Code, for any election at which the authority proposes a measure pursuant to subdivision (a) of Section 62520 that would generate revenues, the authority shall reimburse each county in which that measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters with proceeds from the measure, or if the measure fails, with any eligible funds transferred to the authority from the member cities, counties, and special districts of the authority or other public or private entity. (2) For purposes of this subdivision, “incremental costs” include all of the following: (A) The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d). (B) The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e). (C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the measure appears on the ballot, including both of the following: (i) The printing and mailing of ballot materials. (ii) The canvass of the vote regarding the measure pursuant to Division 15 (commencing with Section 15000) of the Elections Code. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  93. 62522.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority may exercise land use authority and set development parameters only in the circumstances allowed by Section 62520, and only if the underlying land use jurisdiction is included.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62522. An authority shall only have the power to exercise the land use authority and set development parameters as provided in Section 62520 if the authority includes the underlying land use jurisdiction. If an authority includes territory of multiple land use jurisdictions, each land use jurisdiction shall be a member of the authority before the authority can exercise these powers. Nothing in this title shall be construed to authorize an authority to exercise these powers beyond the specific circumstances described in Section 62520. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  94. 62523.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority may not acquire property by eminent domain.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62523. An authority shall not acquire property by eminent domain. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  95. 62524.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority’s actions to raise, administer, or allocate funding for certain affordable housing purposes, or to provide related technical assistance, are exempt from CEQA if consistent with the authority’s purpose.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Authority Powers [62520 - 62524] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62524. Actions taken by an authority to raise, administer, or allocate funding for affordable housing preservation, new affordable housing production, or to provide technical assistance consistent with the authority’s purpose shall be exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  96. 62530.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 4. Financial Provisions [62530 - 62531] ( Chapter 4 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board must arrange regular audits, keep accounting records, and report accounting transactions using GASB-adopted generally accepted accounting principles.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 4. Financial Provisions [62530 - 62531] ( Chapter 4 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62530. The authority board shall provide for regular audits of the authority’s accounts and records and shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  97. 62531.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 4. Financial Provisions [62530 - 62531] ( Chapter 4 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board must provide for annual financial reports and make copies available to the public.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 1. Authority Formation [62500 - 62531] ( Part 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 4. Financial Provisions [62530 - 62531] ( Chapter 4 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62531. The authority board shall provide for annual financial reports. The authority board shall make copies of the annual financial reports available to the public. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  98. 62540.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62540- 62540.] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority may raise revenue through certain special taxes and a commercial linkage fee, but funding measures need an expiration date and some voter-approved measures can be placed on the ballot only in part of the authority’s counties.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 1. General Provisions [62540- 62540.] ( Chapter 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62540. (a) An authority may raise and allocate new revenue through both of the following funding mechanisms: (1) Special taxes, subject to voter approval, as provided in Article 1 (commencing with Section 62550) of Chapter 2, as follows: (A) A parcel tax, as provided in Section 62550. (B) A gross receipts business license tax, as provided in Section 62551. (C) A special business tax, as provided in Section 62551.1. (D) A special parcel tax, as provided in Section 62551.2. (2) A commercial linkage fee, as provided in Article 2 (commencing with Section 62570) of Chapter 2. (b) Any funding mechanism or combination of funding mechanisms authorized pursuant to subdivision (a) that requires voter approval pursuant to the California Constitution or this part may be placed on the ballot in all or a subset of the counties within the jurisdiction of the authority. A measure placed on the ballot in a subset of the authority counties shall apply only in those counties in which the measure was submitted to the voters. (c) Any funding mechanism or combination of funding mechanisms imposed pursuant to subdivision (a) shall include an expiration date. (d) A parcel of real property shall not be subject to more than one parcel tax or special parcel tax imposed by an authority pursuant to subdivision (a) in a taxable year. (e) It is the intent of the Legislature that the funding measures authorized by this section distribute the responsibility for addressing the affordable housing needs of the region across commercial developers, businesses above a certain size, taxpayers, and across all property owners within the region. (f) Notwithstanding any other law, both of the following shall apply: (1) A homebuilder shall not be subject to a funding mechanism described in paragraph (1) of subdivision (a) at a tax rate that is greater than the lowest effective tax rate imposed by the funding mechanism on any other type of business. (2) A homebuilder shall be entitled to an exemption from a funding mechanism described in paragraph (1) of subdivision (a) if it meets the criteria for the exemption applicable to members of another type of business such as business size or number of employees. (g) (1) (A) Except as provided in subparagraph (B), a homebuilder shall be exempt from a funding mechanism described in paragraph (1) of subdivision (a) with respect to any business activity, revenue, or property that is related to, used in, or derived from a residential or mixed-use project that was subject to an inclusionary housing policy. (B) If a homebuilder maintains ownership of rental property that qualifies for the exemption pursuant to subparagraph (A), then five years after the date of the final inspection, or the date the certificate of occupancy was issued for the property, whichever is later, the homebuilder shall no longer be entitled to the exemption pursuant to subparagraph (A) with respect to that property. (2) Property owned or occupied by a person or entity other than a homebuilder that is part of a residential or mixed-use project that was subject to an inclusionary housing policy shall be exempt from any funding mechanism described in subparagraph (A) or (D) of paragraph (1) of subdivision (a) until five years after the date of the final inspection, or the date the certificate of occupancy was issued for the property, whichever is later. (h) “Homebuilder” means any entity or individual, including, but not limited to, a builder, developer, general contractor, or contractor that is principally in the business of developing land or building residential units. Homebuilder shall include, but is not limited to, a parent or subsidiary entity, member, partner, joint venture partner, or similarly affiliated person or entity. (i) “Inclusionary housing policy” means a requirement, as a condition of development of residential units, that the development include a certain percentage of residential units affordable to, and occupied by, households with specified income limits. “Inclusionary housing policy” includes any alternative means of compliance that is provided for, including, but not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units. “Inclusionary housing policy” includes an affordable housing impact fee. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  99. 62550.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority may impose a parcel tax by resolution, and must give notice of any parcel tax imposed.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62550. (a) Subject to Section 4 of Article XIII A of the California Constitution, the authority may impose, by resolution, a parcel tax within the jurisdiction of the authority pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62521, and any other applicable procedures provided by law. (b) For purposes of this section, “parcel tax” means a special tax imposed upon a parcel of real property at a rate that is determined without regard to that property’s value and that applies uniformly to all taxpayers or all real property within the jurisdiction of the local government. “Parcel tax” does not include a tax imposed on a particular class of property or taxpayers. (c) The authority shall provide notice of any parcel tax imposed pursuant to this section in the manner specified in Section 54930. (d) The parcel tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  100. 62551.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    A regional housing finance authority may impose a gross-receipts special tax by resolution, subject to stated procedures and constitutional limits.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62551. (a) Subject to Section 4 of Article XIII A of the California Constitution, an authority may impose, by resolution, a special tax, measured by gross receipts, for the privilege of engaging in any kind of lawful business transacted in the jurisdiction of the authority pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62521, and any other applicable procedures provided by law. (b) The resolution imposing a special tax pursuant to this section may provide for any of the following: (1) Variable rates based on the business sector of each person subject to the tax. (2) Exemptions for small businesses. (3) Collection of the tax by suit or otherwise. (c) If an authority levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the authority’s taxing jurisdiction, the authority shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction. (d) A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section. (Amended by Stats. 2025, Ch. 67, Sec. 99. (AB 1170) Effective January 1, 2026.)
  101. 62551.1.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority may adopt a resolution imposing a special tax based on employee count, and it must be levied fairly for businesses operating inside and outside the jurisdiction. The tax does not apply to specified exempt nonprofits and certain religious personnel.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62551.1. (a) (1) Subject to Section 4 of Article XIII A of the California Constitution, an authority may impose, by resolution, a special tax measured by the number of employees employed by the taxpayer for the privilege of engaging in any kind of lawful business activity transacted in the jurisdiction of the authority pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62521, and any other applicable procedures provided by law. (2) The resolution imposing a special tax pursuant to this subdivision may provide for collection of the tax by suit or otherwise. (b) If an authority levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the authority’s taxing jurisdiction, the authority shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction. (c) A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a successor to that section. (Amended by Stats. 2025, Ch. 67, Sec. 100. (AB 1170) Effective January 1, 2026.)
  102. 62551.2.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority may impose a special parcel tax on certain owners of rental housing portfolios over 500 units, and the tax must be assessed annually.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62551.2. (a) Subject to Section 4 of Article XIII A of the California Constitution, an authority may impose, by resolution, a special parcel tax on a property owner, and related affiliates, that own a rental housing portfolio that exceeds 500 units. (b) The special tax may have graduated tax rates with incrementally higher rates applying for larger portfolios. (c) The special tax shall be assessed annually and include exemptions for nonprofit entities and affordable housing operators. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  103. 62552.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Special taxes authorized in this article may also be imposed by qualified voter initiative.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62552. The special taxes authorized in this article may also be imposed by qualified voter initiative. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  104. 62553.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority must consult with relevant local governments about how to administer and collect certain taxes, and the tax-collecting entity must adopt policies and procedures to collect revenue, enforce the taxes, and let taxpayers appeal the amount owed.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62553. (a) An authority shall consult with relevant local governments to identify the most efficient and appropriate method of administering and collecting any tax levied pursuant to Section 62551, 62551.1, or 62551.2. (b) The entity charged with administering and collecting any tax levied pursuant to Section 62551, 62551.1, or 62551.2 shall create policies and procedures necessary to collect tax revenue, including, but not limited to, policies that achieve both of the following: (1) Ensure adequate enforcement of the taxes. (2) Provide subjects of a tax with an opportunity to appeal the amount of tax owed. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  105. 62554.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Special taxes must be handled through a separate fund, transferred to the authority for regional projects on a regular schedule, and the administering entity may deduct incremental administrative costs.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 1. Special Taxes [62550 - 62554] ( Article 1 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62554. All special taxes levied pursuant to this article shall be administered in the following manner: (a) Taxes collected shall be deposited in a separate fund, which shall be established in the treasury of the entity charged with administering and collecting the special taxes pursuant to Section 62553 and used only as prescribed by this section. (b) The entity charged with administering and collecting the special taxes shall transfer moneys intended for regional projects pursuant to Section 62590 from the fund to the authority periodically as promptly as feasible. The transmittals shall be made at least twice in each calendar quarter. (c) The administering entity may deduct incremental costs associated with administering any taxes approved pursuant to this article from the portion transferred to the authority pursuant to subdivision (b). (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  106. 62570.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    This section defines “commercial development project” and “commercial linkage fee” for this article.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62570. As used in this article: (a) “Commercial development project” means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within the jurisdiction of the authority for the development of land for commercial use, but does not include any project involving solely a permit to operate. (b) “Commercial linkage fee” means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction for the purpose of addressing the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 62571. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  107. 62571.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board may set or change a commercial linkage fee, but only under stated conditions and limits.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62571. (a) (1) Subject to paragraph (4), the authority may establish, increase, or impose a commercial linkage fee, in an amount not to exceed ten dollars ($10) per square foot, within the jurisdiction of the authority by enactment of a resolution, in accordance with the requirements of this article, that is in addition to any fee, as defined in Section 66000, that is levied by an underlying land use jurisdiction. (2) The fee shall be adjusted on July 1 of each year, in accordance with the California Construction Cost Index. The annual adjustment may increase the fee to be greater than the ten-dollar ($10) maximum imposed by paragraph (1). (3) The authority board shall not establish a commercial linkage fee pursuant to paragraph (1) until after the voters approve a special tax described in paragraph (1) of subdivision (a) of Section 62540 or a general obligation bond pursuant to Article 3 (commencing with Section 62580). (4) (A) The authority board may establish, increase, or impose a commercial linkage fee pursuant to this article by a resolution that provides for a fee assessed on commercial development projects within the jurisdiction of the authority. (B) A resolution establishing or revising the fee shall provide that the amount of the fee required to be paid shall be reduced by the amount that the applicant is required to pay, if any, for a commercial linkage fee for affordable housing imposed by the relevant underlying land use jurisdiction. (b) Before establishing, increasing, or imposing a commercial linkage fee, the authority board shall prepare a regional jobs and housing nexus study in order to support the necessity and amount of the fee. The study, or separate study conducted before the establishment of a commercial linkage fee, shall examine the factors listed in paragraph (5) of subdivision (d), may consider other potential consequences, and shall take into consideration the potential impact of the fee on the creation of high-paying jobs for people without four-year degrees. (c) Expenditures of proceeds from a commercial linkage fee shall be limited to affordable housing production and preservation, as described in Section 62590, and the authority’s related administrative costs. (d) In any action to establish, increase, or impose a commercial linkage fee, the authority board shall do all of the following: (1) Identify the purpose of the commercial linkage fee. (2) Determine how there is a reasonable relationship between the fee’s use and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b). (3) Determine how there is a reasonable relationship between the need for housing and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b). (4) Determine how there is a reasonable relationship between the amount of the fee and the cost of the housing necessitated by the commercial development project that is attributable to the development on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b). (5) (A) Adopt findings that, based upon the authority board’s analysis and the regional nexus study, the commercial linkage fee: (i) Would concentrate jobs near transit. (ii) Would not reduce commercial development and space for jobs, particularly in economically disadvantaged areas. (iii) Would not exacerbate intraregional job-to-housing imbalances. (iv) Would not disincentivize mixed-use development. (B) The authority board shall provide analysis to support the findings and consider other potential consequences of the fee. (6) Specify the estimated administrative costs of the authority in connection with the imposition of the fee to be included in the amount of the fee. (e) The authority shall suspend the imposition of a commercial linkage fee after two consecutive quarters of negative gross domestic product growth within the jurisdiction of the authority. The fee may be reinstated after two consecutive quarters of positive gross domestic product growth within jurisdiction of the authority. The authority board may reinstate the fee by resolution that states the condition in the previous sentence is met but shall not be subject to subdivision (b), (c), or (d) of this section. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  108. 62572.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    A commercial linkage fee under this article cannot exceed the reasonable cost of providing the housing needed for the project, plus the authority’s related administrative costs.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62572. (a) A commercial linkage fee established, increased, or imposed pursuant to this article shall not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62571, and the authority’s related administrative costs. (b) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  109. 62573.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Before a new commercial linkage fee is adopted or an existing one is increased, the authority board must hold a public hearing and publish notice of the meeting.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62573. (a) Before adopting a resolution establishing or imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee pursuant to this article, the authority board shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. The authority board shall publish a notice of the time and place of the meeting, including a general explanation of the matter to be considered in accordance with Section 6062a. (b) Any costs incurred by the authority board in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the commercial linkage fee that is the subject of the hearing. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  110. 62574.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    If a regional housing finance authority board sets or raises a commercial linkage fee, the underlying land use jurisdiction must require payment, notify the applicant, collect and remit the fee, and stop collecting it if the fee is later found invalid.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62574. (a) Except as otherwise provided in subdivision (c), if the authority board adopts a resolution or other legislative enactment establishing or imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee, each underlying land use jurisdiction shall, as a condition of approving a commercial development project for which it receives an application for a conditional use permit or other discretionary or ministerial approval, require an applicant to pay the amount of commercial linkage fee established, imposed, or increased by the authority board pursuant to this article. The underlying land use jurisdiction shall provide notice to the applicant that does all of the following: (1) Notifies the applicant that the authority board has established, increased, or imposed a commercial linkage fee pursuant to this article. (2) States the amount of commercial linkage fee established, increased, or imposed by the authority board. (3) States that the applicant may protest the commercial linkage fee, as provided in Section 62575, and notifies the applicant that the 90-day period for that protest and the 180-day period for filing an action specified in subdivision (c) of Section 62575 has begun. (b) Each underlying land use jurisdiction shall collect and, after deduction of any actual and necessary administrative costs incurred by the underlying land use jurisdiction, remit the amount of commercial linkage fee established, increased, or imposed pursuant to this article to the authority. An underlying land use jurisdiction shall remit the amounts required by this subdivision on or before the last day of the month next succeeding each calendar quarterly period. (c) If any amount of commercial linkage fee established, increased, or imposed pursuant to this article is found to be invalid pursuant to Section 62575, each underlying land use jurisdiction shall immediately cease collection of the commercial linkage fee. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  111. 62575.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    A party may protest a commercial linkage fee, but must pay or arrange to pay it and serve written notice; the protest must be filed within the stated time limits.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62575. (a) Any party may protest the imposition of a commercial linkage fee imposed on a commercial development project by the authority pursuant to this article as follows: (1) The party shall pay the total amount of commercial linkage fee required by the resolution enacted pursuant to Section 62571, or provide satisfactory evidence of arrangements to pay the commercial linkage fee when due, in accordance with Section 62574. (2) Serving a written notice on the authority board and the legislative body of the relevant underlying land use jurisdiction that contains all of the following information: (A) A statement that the required payment is tendered or will be tendered when due under protest. (B) A statement informing the authority board and legislative body of the underlying land use jurisdiction of the factual elements of the dispute and the legal theory forming the basis for the protest. (b) Compliance by any party with subdivision (a) shall not be the basis for an underlying land use jurisdiction to withhold approval of any map, plan, permit, zone change, license, or other form of permission, or concurrence, whether discretionary, ministerial, or otherwise, incident to, or necessary for, the commercial development project. This section does not limit the ability of an underlying land use jurisdiction to ensure compliance with all applicable provisions of law in determining whether to approve or disapprove a commercial development project. (c) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the commercial development project or within 90 days after the date of the imposition of the commercial linkage fee to be imposed on a commercial development project. (2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the commercial linkage fee imposed on a commercial development project within 60 days after the delivery of the notice required by subdivision (a) of Section 62574. Thereafter, notwithstanding any other law, all persons shall be barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (d) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion of a resolution establishing, increasing, or imposing a commercial linkage fee, the court shall direct the authority to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed. (2) If an action is filed within 120 days of the date at which a resolution to establish or modify a commercial linkage fee to be imposed on a commercial development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same resolution as enacted, tendered the payment or provided for or satisfied the exaction during the period from 90 days before the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1). (e) The imposition of a commercial linkage fee occurs, for the purposes of this section, when it is imposed or levied on a specific commercial development project. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  112. 62576.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

    Verify source ↗

    This section puts the burden on the authority to prove a commercial linkage fee does not exceed the reasonable cost of housing it requires, and it limits when a party may start a challenge to the fee.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62576. (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any resolution providing for the establishment, increase, or imposition of a commercial linkage fee pursuant to this article in which there is an issue whether the fee is a special tax within the meaning of Section 50076, the authority shall have the burden of producing evidence to establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62571. (b) A party may only initiate an action or proceeding pursuant to subdivision (a) if both of the following requirements are met: (1) The commercial linkage fee was directly imposed on the party as a condition of project approval, as provided in Section 62574. (2) At least 30 days before initiating the action or proceeding, the party requests that the authority provide a copy of the documents, including, but not limited to, the regional nexus study prepared pursuant to subdivision (b) of Section 62571, that establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed. In accordance with subdivision (a) of Section 7922.530, the authority may charge a fee for copying the documents requested pursuant to this paragraph. (c) For purposes of this section, costs shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in the calculation. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  113. 62577.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

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    A person may request an audit of a commercial linkage fee, and the authority may use an independent auditor if the requester deposits the estimated audit cost.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62577. (a) Any person may request an audit in order to determine whether any fee or charge levied by the authority board exceeds the amount necessary to cover the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62571, and the authority’s related administrative costs. If a person makes that request, the authority may retain an independent auditor to conduct an audit to determine whether the commercial linkage fee is reasonable, but is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months. (b) If an audit pursuant to this section determines that the amount of any commercial linkage fee or charge does not meet the requirements of this article, the authority board shall adjust the fee accordingly. (c) The authority shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the authority the amount of the authority’s reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the authority shall reimburse unused sums, if any, or the requesting person shall pay the authority the excess of the actual cost of the audit over the sum which was deposited. (d) Any audit conducted by an independent auditor pursuant to this section shall conform to generally accepted auditing standards. (e) This section shall not be construed as granting any additional authority to any local agency to levy any fee or charge which is not otherwise authorized by another provision of law, nor shall its provisions be construed as granting authority to any local agency to levy a new fee or charge when other provisions of law specifically prohibit the levy of a fee or charge. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  114. 62578.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. )

    Verify source ↗

    Actions by the authority board or an interested person under this article must be brought under Chapter 9 of the Code of Civil Procedure.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 2. Commercial Linkage Fee [62570 - 62578] ( Article 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62578. Any action by the authority board or interested person under this article shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  115. 62580.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board may initiate proceedings to issue general obligation bonds by majority vote and by adopting a resolution stating its intent to issue the bonds.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62580. The authority board may, by majority vote, initiate proceedings to issue general obligation bonds pursuant to this chapter by adopting a resolution stating its intent to issue the bonds. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  116. 62581.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority may incur or refund general obligation bonded indebtedness secured by ad valorem property taxes, and must comply with specified state bond requirements when doing so.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62581. (a) The authority may incur or refund general obligation bonded indebtedness, secured by the levy of ad valorem property taxes, pursuant to Article XIII A of the California Constitution, and any amendment thereto, for any purpose authorized by state law or the California Constitution. (b) For purposes of incurring general obligation bonded indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Chapter 3 (commencing with Section 53400) of Part 1 of Division 2 of Title 5. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  117. 62582.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority may issue revenue bonds from authority revenues, but must follow specified resolution, disclosure, sale, signature, and revenue-use rules.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62582. (a) (1) For purposes of this section, “authority revenues” includes, without limitation, revenues generated by any of the following: (A) Any special tax, fee, or charge imposed by the authority, other than ad valorem property taxes. (B) Any loan repayments, investment income, or income derived from the ownership or operation of real property. (2) (A) The authority may issue revenue bonds, payable from authority revenues, in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), for the purposes set forth in this title and in any resolution adopted by the authority, or measure adopted by voters, in connection with the generation of authority revenues or imposition of those special taxes, fees, or other charges. (B) For purposes of issuing revenue bonds pursuant to this section, all or any portion of the authority revenues designated by the authority, the special taxes, fees, or other charges described in subparagraph (A) shall constitute an “enterprise” within the meaning of Section 54309. (C) Any authority revenues designated pursuant to subparagraph (B) shall constitute “revenues” within the meaning of Section 54315. (3) To exercise the powers described in this section, the authority shall ensure that any ballot measure summary prepared pursuant to subdivision (e) of Section 62521 related to voter approval of a special tax under this title notifies the voters that proceeds from the special tax may be used as payment for revenue bonds. (4) For purposes of this section, the authority shall be deemed to be a local agency within the meaning of Section 54307. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 and the limitations on the rate of interest set forth in subdivision (b) of Section 54402 do not apply to the issuance and sale of bonds pursuant to this section. Instead, the authority shall authorize the issuance of bonds by resolution at any time, and from time to time, which shall specify all of the following: (A) The purposes for which the bonds are to be issued. (B) The maximum principal amount of the bonds. (C) The maximum term for the bonds. (D) (i) The maximum rate of interest to be payable upon the bonds, which shall not exceed the maximum rate permitted for bonds of the authority by Section 53531 or any other applicable provisions of law. (ii) In the case of bonds bearing a variable interest rate, the variable rate shall not, on any day, exceed the maximum rate permitted for bonds of the authority by Section 53531 or any other applicable provisions of law. However, the variable interest rate may, on any day, exceed that maximum rate in clause (i), if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest that would have been permitted if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53531 or any other applicable provisions of law. (E) The maximum original issue premium or discount on the sale of the bonds. (F) The denomination or denominations of the revenue bonds, which shall not be less than five thousand dollars ($5,000). (b) The resolution may also contain any other matters authorized by this chapter or any other law. (c) The revenue bonds may be sold at public or private sale or on a negotiated sale basis and at the prices, above or below par, as determined by the authority board. (d) The revenue bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the executive director of the authority, whose signature may be printed, lithographed, or mechanically reproduced. If any officer whose signature appears on the revenue bonds ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office. (e) Any summary statement required to be published by the authority pursuant to Section 54522 shall be published annually, not more than nine months after the close of each fiscal year. (f) This section provides a complete, additional, and alternative method for the issuance of revenue bonds by the authority. An issuance does not need to comply with the procedures specified elsewhere in this article or other laws, but shall instead be issued in accordance with the procedures specified in this article. (g) (1) To the extent permitted by law, authority revenues shall be applied according the following priority: (A) First, to operation and maintenance of any housing project, if so required by the relevant financing documents. (B) Second, to the payment of bonds with respect to which the revenues have been pledged. (C) Third, to the payment of obligations in connection with bonds. (D) Fourth, to the payment of administrative costs. (E) Fifth, to any other purpose permitted by law and authorized by this title. (2) All moneys received by the authority shall be trust funds applied solely for purposes of this title. (Amended by Stats. 2025, Ch. 67, Sec. 101. (AB 1170) Effective January 1, 2026.)
  118. 62583.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority and anyone who executes its bonds are not personally liable for the bonds just because they were issued.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62583. (a) The authority or any person executing the bonds issued pursuant to this title shall not be personally liable on the bonds by reason of their issuance. (b) The bonds and other obligations of the authority are not a debt of any city, county, or special district, or any of its affiliated entities, or of the state or of any of its political subdivisions, other than the authority, and neither a city, county, special district, nor the state or any of its political subdivisions, other than the authority, shall be liable on the bonds, and the bonds or obligations shall be payable exclusively from funds or properties of the authority, as specified in the applicable bond or other security document. Bonds issued pursuant to this title shall contain a statement to this effect on their face. (c) If the signature of any member of the authority or staff member of the authority appears on bonds issued pursuant to this title, and that individual ceases to be a member of the authority or staff member of the authority before delivery of the bonds, that member’s signature shall be as effective as if the member had remained in office. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  119. 62584.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority must hire an independent financial and performance auditor every two years after bonds are issued, follow Controller guidelines, and send the completed audit to specified officials. The Bureau of State Audits may also audit the authority if the Governor or Legislature requests it.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62584. (a) Every two years after the issuance of bonds pursuant to this section, the authority shall contract for an independent financial and performance audit. The audit shall be conducted according to guidelines established by the Controller. A copy of the completed audit shall be provided to the Controller, the Director of Finance, and the Joint Legislative Budget Committee. (b) Upon the request of the Governor or the Legislature, the Bureau of State Audits may conduct a financial and performance audit of the authority. The results of any audit shall be provided to the authority board, the Controller, the Director of Finance, and the Joint Legislative Budget Committee. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  120. 62585.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Bonds issued under this article are fully negotiable.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62585. Bonds issued pursuant to this article are fully negotiable. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  121. 62586.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    Challenges to the validity or adoption of certain taxes, fees, charges, bonds, or related arrangements must be filed within 60 days.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 2. Revenue [62550 - 62586] ( Chapter 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## ARTICLE 3. Bonds [62580 - 62586] ( Article 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62586. Any action to determine the validity or adoption of any tax, fee, or other charge provided for in, or the validity of bonds issued pursuant to, this title, or any of the proceedings, contracts, agreements, or other arrangements or matters entered into, shall be commenced within 60 days from the date of the election or the adoption of the resolution approving such matters, as applicable, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. After that date, the adoption of such tax, fee, or other charge, the issuance of the bonds, and all proceedings in relation thereto, shall be held valid and incontestable in every respect. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  122. 62590.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority board must adopt a yearly regional expenditure plan for housing revenue, and developers and housing projects must meet relocation and replacement housing rules when demolition or rehabilitation requires residents to move.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62590. (a) Revenue generated pursuant to this part shall be used for any of the following purposes: (1) The development of affordable home ownership and rental housing, including programs that enable persons and families of low or moderate income to become or remain homeowners. (2) Affordable housing preservation. (3) Planning and technical assistance related to affordable housing. (4) For infrastructure to support housing. (5) Any other purpose authorized by this section. (b) (1) The authority board shall, in consultation with the advisory committee, adopt a regional expenditure plan for the use of housing revenue by July 1 of each year, except the authority board shall select the deadline to adopt the first regional expenditure plan. The regional expenditure plan may cover multiple years, as determined by the authority board. (2) (A) The regional expenditure plan shall do both of the following: (i) Set forth the share of revenue and estimated funding amount to be spent on each of the categories described in subdivision (a), indicate the household income levels to be served within each category of expenditures, and estimate the number of affordable housing units to be developed by income category. (ii) Identify existing funding sources from federal, state, and local housing programs and assess how projects and programs to be funded by revenue generated pursuant to this part will complement these existing funding sources to meet the housing needs within the jurisdiction of the authority. (B) Beginning in the second year, the authority shall include a report in the regional expenditure plan that provides its allocations and expenditures to date of projects and programs funded and the households served by income level. (3) Before the distribution of funds each year, the authority shall be entitled to up to 5 percent of the funds of any measure approved pursuant to this part for general administration. (c) In the event that demolition or rehabilitation of housing units is required, all of the following shall apply: (1) If the housing units are occupied at the date of acquisition, the housing development shall provide at least the same number of units of equivalent number of bedrooms to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. (2) If existing residents must be relocated due to demolition or rehabilitation needs, the developer must provide relocation benefits to the occupants of those housing rental units subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. This paragraph does not supersede any provision of a locally adopted ordinance that requires greater relocation assistance to displaced households. (3) If existing residents must be relocated due to demolition or rehabilitation needs, the developer shall provide a right of first refusal for a comparable unit available in the new or rehabilitated housing development that is affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development. (d) The authority board may approve funds for a project or program directly to a city, a county, a public entity, or a private project sponsor. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  123. 62590.1.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority board may find that rents or housing costs are unaffordable at 120% of area median income, and if it makes that finding, the authority may use a higher income limit for housing in that area, capped at 150% of area median income.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62590.1. (a) Notwithstanding any other provision of this title, an authority board may make a finding that market rate rents or housing costs are unaffordable to households at 120 percent of the area median income in a particular geographic area of the district. An authority that makes this finding may utilize a higher income limitation for housing developed and preserved within that particular geographic area of the district, provided that the income limitation does not exceed 150 percent of the area median income. (b) When making a finding pursuant to subdivision (a), an authority shall utilize data on the employment and economy, population, household, and income trends, comparable rents, and demand and absorption rate of the particular geographic area to demonstrate that the higher income limitation is necessary to advance the purposes of this title. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  124. 62591.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    The authority must monitor expenditures with local jurisdictions, and the authority board may adopt guidelines for those funds.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62591. The authority shall monitor expenditures in coordination with local jurisdictions. The authority board may adopt guidelines applicable to such funds as deemed necessary to ensure they are spent in a timely manner consistent with the goals of this chapter. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  125. 62592.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. )

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    An authority must prepare and submit an annual report to the Legislature about allocations and expenditures under its control.

    ## Government Code - GOV ## TITLE 6.5. Regional Housing Finance Authorities [62500 - 62592] ( Title 6.5 added by Stats. 2024, Ch. 767, Sec. 1. ) ## PART 2. Authority Financing Activities [62540 - 62592] ( Part 2 added by Stats. 2024, Ch. 767, Sec. 1. ) ## CHAPTER 3. Expenditures [62590 - 62592] ( Chapter 3 added by Stats. 2024, Ch. 767, Sec. 1. ) ## 62592. To ensure oversight and accountability, an authority shall prepare and submit an annual report to the Legislature, in conformance with Sections 9795 and 53411, on allocations and expenditures under its control. The report shall include a description of projects funded and their status, and the households served by income level. (Added by Stats. 2024, Ch. 767, Sec. 1. (SB 440) Effective January 1, 2025.)
  126. 6300.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

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    This section defines “Act of Congress” and “Public corporation” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 6300. As used in this chapter: (a) “Act of Congress” means the act of Congress approved June 18, 1934, titled “An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes” (48 U. S. Stats. at L. Ch. 590.). (b) “Public corporation” means the state, any political subdivision thereof, any incorporated municipality therein, any public agency of the state, of any political subdivision thereof, or of any municipality therein, or any corporate municipal instrumentality of this state, or of this state and one or more other states. (Amended by Stats. 2017, Ch. 13, Sec. 1. (AB 1727) Effective January 1, 2018.)
  127. 63010.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 1. General Provisions [63000 - 63010] ( Chapter 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## ARTICLE 2. Definitions [63010- 63010.] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

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    This section defines key terms used in the infrastructure finance division, including “Act,” “Bank,” “Sponsor,” and “Participating party.”

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 1. General Provisions [63000 - 63010] ( Chapter 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## ARTICLE 2. Definitions [63010- 63010.] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63010. For purposes of this division, the following words and terms shall have the following meanings unless the context clearly indicates or requires another or different meaning or intent: (a) “Act” means the Bergeson-Peace Infrastructure and Economic Development Bank Act. (b) “Bank” means the California Infrastructure and Economic Development Bank. (c) “Board” or “bank board” means the Board of Directors of the California Infrastructure and Economic Development Bank. (d) “Bond purchase agreement” means a contractual agreement executed between the bank and a sponsor, or a special purpose trust authorized by the bank or a sponsor, or both, whereby the bank or special purpose trust authorized by the bank agrees to purchase bonds of the sponsor for retention or sale. (e) “Bonds” means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond, revenue, tax, or grant anticipation notes; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for federal income taxation purposes. (f) “Cost,” as applied to a project or portion thereof financed under this division, means all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery, equipment, and financing charges; interest prior to, during, and for a period after completion of construction, renovation, or acquisition, as determined by the bank; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project, and transition costs in the case of an electrical corporation. (g) “Economic development facilities” means real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all facilities or infrastructure necessary or desirable in connection therewith, including provision for working capital, but shall not include any housing, unless the housing meets the requirements of Article 5 (commencing with Section 63043). (h) “Electrical corporation” has the meaning set forth in Section 218 of the Public Utilities Code. (i) “Executive director” means the Executive Director of the California Infrastructure and Economic Development Bank appointed pursuant to Section 63021. (j) “Financial assistance” in connection with a project, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the bank or special purpose trust, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board or the sponsor, or both; the purchase or retention of bank bonds, the bonds of a sponsor for their retention or for sale by the bank, or the issuance of bank bonds or the bonds of a special purpose trust used to fund the cost of a project for which a sponsor is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by Section 63025.1; bonds for which the bank has provided a guarantee or enhancement, including, but not limited to, the purchase of the subordinated bonds of the sponsor, the subordinated bonds of a special purpose trust, or the retention of the subordinated bonds of the bank pursuant to Chapter 4 (commencing with Section 63060); or any other type of assistance deemed appropriate by the bank or the sponsor, except that no direct loans shall be made to nonpublic entities other than in connection with the issuance of rate reduction bonds pursuant to a financing order or in connection with a financing for an economic development facility. For purposes of this subdivision, “grant” does not include grants made by the bank except when acting as an agent or intermediary for the distribution or packaging of financing available from federal, private, or other public sources. (k) “Financing order” has the meaning set forth in Section 840 of the Public Utilities Code. (l) “Guarantee trust fund” means the California Infrastructure Guarantee Trust Fund. (m) “Infrastructure bank fund” means the California Infrastructure and Economic Development Bank Fund. (n) “Loan agreement” means a contractual agreement executed between the bank or a special purpose trust and a sponsor that provides that the bank or special purpose trust will loan funds to the sponsor and that the sponsor will repay the principal and pay the interest and redemption premium, if any, on the loan. (o) “Participating party” means any person, company, corporation, association, state, or municipal governmental entity, partnership, firm, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financing from the bank in conjunction with a sponsor for the purpose of implementing a project. However, in the case of a project relating to the financing of transition costs or the acquisition of transition property, or both, on the request of an electrical corporation, or in connection with financing for an economic development facility, or for the financing of insurance claims, the participating party shall be deemed to be the same entity as the sponsor for the financing. (p) “Project” means designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing public development facilities or economic development facilities within the state or financing transition costs or the acquisition of transition property, or both, upon approval of a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code. (q) “Public development facilities” means real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, unless the housing meets the requirements of Article 5.5 (commencing with Section 63047.1), that are directly related to providing the following: (1) “City streets” including any street, avenue, boulevard, road, parkway, drive, or other way that is any of the following: (A) An existing municipal roadway. (B) Is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. (2) “County highways” including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. (3) “Drainage, water supply, and flood control” including, but not limited to, ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of flood plain areas and all equipment used in the maintenance and operation of the foregoing. (4) “Educational facilities” including libraries, childcare facilities, including, but not limited to, daycare facilities, and employment training facilities. (5) “Environmental mitigation measures” including required construction or modification of public infrastructure and purchase and installation of pollution control and noise abatement equipment. (6) “Parks and recreational facilities” including local parks, recreational property and equipment, parkways, and property. (7) “Port facilities” including airports, inland ports, landports, waterports, railports, docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith, that transport goods or persons. (8) “Power and communications” including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service. (9) “Public transit” including air and rail transport, airports, guideways, vehicles, rights-of-way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, and equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis. (10) “Sewage collection and treatment” including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing. (11) “Solid waste collection and disposal” including vehicles, vehicle-compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin. (12) “Water treatment and distribution” including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use. (13) “Defense conversion” including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan. (14) “Public safety facilities” including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities. (15) “State highways” including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway. (16) (A) “Military infrastructure,” including, but not limited to, facilities on or near a military installation, that enhance the military operations and mission of one or more military installations in this state. To be eligible for funding, the project shall be endorsed by the Office of Planning and Research. (B) For purposes of this subdivision, “military installation” means any facility under the jurisdiction of the Department of Defense, as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. (17) “Goods movement-related infrastructure” including port facilities, roads, rail, and other facilities and projects that move goods, energy, and information. (18) “Housing-related infrastructure” including city streets; drainage, water supply, and flood control; environmental mitigation measures; power and communications; public transit improvement that directly supports transit-oriented housing; sewage collection and treatment; and water treatment and distribution. (r) “Rate reduction bonds” has the meaning set forth in Section 840 of the Public Utilities Code. (s) “Revenues” means all receipts, purchase payments, loan repayments, lease payments, and all other income or receipts derived by the bank or a sponsor from the sale, lease, or other financing arrangement undertaken by the bank, a sponsor, or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the bank or a sponsor and any receipts derived from transition property. Revenues shall not include moneys in the General Fund of the state. (t) “Special purpose trust” means a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity authorized under the laws of the state to serve as an instrumentality of the state to accomplish public purposes and authorized by the bank to acquire, by purchase or otherwise, for retention or sale, the bonds of a sponsor or of the bank made or entered into pursuant to this division and to issue special purpose trust bonds or other obligations secured by these bonds or other sources of public or private revenues. Special purpose trust also means any entity authorized by the bank to acquire transition property or to issue rate reduction bonds, or both, subject to the approvals by the bank and powers of the bank as are provided by the bank in its resolution authorizing the entity to issue rate reduction bonds. (u) “Sponsor” means any subdivision of the state or local government including departments, agencies, commissions, cities, counties, nonprofit corporations formed on behalf of a sponsor, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that makes an application to the bank for financial assistance in connection with a project in a manner prescribed by the bank. This definition shall not be construed to require that an applicant have an ownership interest in the project. In addition, an electrical corporation shall be deemed to be the sponsor as well as the participating party for any project relating to the financing of transition costs and the acquisition of transition property on the request of the electrical corporation and any person, company, corporation, partnership, firm, or other entity or group engaged in business or operation within the state that applies for financing of any economic development facility, shall be deemed to be the sponsor as well as the participating party for the project relating to the financing of that economic development facility. (v) “State” means the State of California. (w) “Transition costs” has the meaning set forth in Section 840 of the Public Utilities Code. (x) “Transition property” has the meaning set forth in Section 840 of the Public Utilities Code. (Amended by Stats. 2021, Ch. 356, Sec. 1. (AB 1297) Effective January 1, 2022.)
  128. 6302.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

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    Public corporations, and certain private corporations formed after September 15, 1935, may apply to establish, operate, and maintain a foreign-trade zone if they act in accordance with the act of Congress.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 6302. (a) A public corporation may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. (b) Any private corporation organized under the laws of the state subsequent to September 15, 1935, for the purpose of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. (Amended by Stats. 2017, Ch. 13, Sec. 3. (AB 1727) Effective January 1, 2018.)
  129. 63021.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    The bank is placed within the Governor’s Office of Business and Economic Development and must administer this division.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63021. (a) There is within the Governor’s Office of Business and Economic Development the Infrastructure and Economic Development Bank which shall be responsible for administering this division. (b) The bank shall be under the direction of an executive director appointed by the Governor, and who shall serve at the pleasure of the Governor. The appointment shall be subject to confirmation by the Senate. (Amended by Stats. 2013, Ch. 352, Sec. 308. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  130. 63021.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    This section creates a bank board, sets its membership, quorum, voting rule, conflict-of-interest restriction, and board compensation.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63021.5. (a) The bank shall be governed and its corporate power exercised by a board of directors that shall consist of the following persons: (1) The Director of Finance or his or her designee. (2) The Treasurer or his or her designee. (3) The Director of the Governor’s Office of Business and Economic Development or his or her designee, who shall serve as chair of the board. (4) An appointee of the Governor. (5) The Secretary of Transportation or his or her designee. (b) Any designated director shall serve at the pleasure of the designating power. (c) Three of the members shall constitute a quorum and the affirmative vote of three board members shall be necessary for any action to be taken by the board. (d) A member of the board shall not participate in any bank action or attempt to influence any decision or recommendation by any employee of, or consultant to, the bank that involves a sponsor of which he or she is a representative or in which the member or a member of his or her immediate family has a personal financial interest within the meaning of Section 87100. For purposes of this section, “immediate family” means the spouse, children, and parents of the member. (e) Except as provided in this subdivision, the members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for these expenses is not otherwise provided or payable by another public agency, and shall receive one hundred dollars ($100) for each full day of attending meetings of the authority. (Amended by Stats. 2013, Ch. 353, Sec. 107. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  131. 63022.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    The executive director manages the bank’s business, subject to the board. The board can assign duties to the executive director, and final approval of bonds, notes, or loans needs a majority board approval.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63022. The executive director shall manage and conduct the business and affairs of the bank, the infrastructure bank fund, and guarantee trust fund, subject to the direction of the board. Except as otherwise provided in this section, the board may assign to the executive director, by resolution, those duties generally necessary or convenient to carry out its powers and purposes under this chapter. Any action involving final approval of any bonds, notes, or loans shall require the approval of a majority of the members of the board. Subject to any conditions that the board may from time to time prescribe, the executive director may exercise any power, function, or duty conferred by law on the bank in connection with the administration, management, and conduct of the business and affairs of the bank, the infrastructure bank fund, and the guarantee trust fund. (Amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 8. Effective January 1, 1995.)
  132. 63022.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    Bank officers are subject to certain ethics and securities rules, and the bank may buy insurance for fiduciaries or itself if the insurer can seek recourse against a fiduciary for breach.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63022.5. (a) The officers of the bank shall be subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), the applicable rules and standards of the Municipal Securities Rulemaking Board, and all other applicable provisions of law. (b) The bank may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach fiduciary obligation by the fiduciary. (Amended by Stats. 1995, Ch. 863, Sec. 11. Effective January 1, 1996.)
  133. 63023.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    The executive director, or an assignee, may take listed bank-related actions only if the board authorizes them by resolution.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63023. In administering and directing the day-to-day operations of the bank in regard to this division, the executive director, or whoever he or she shall assign, may do any of the following if authorized by resolution of the board: (a) Enter into contracts for investment, guarantee, or enhancement. (b) Establish procedures, guidelines, criteria, terms, conditions, or other requirements of any contract, bond, grant, or program, as the case may be, in order to carry out the intents and purposes of the board in authorizing any bond, loan, or grant program pursuant to this division. (c) Decline to guarantee any risk, or to enter into any contract, in which the minimum requirements of the guarantee trust fund or the infrastructure bank fund are not complied with. (d) Reinsure any risk or any part of any risk. (e) Make rules for payments through the infrastructure bank fund and the settlement of claims against the guarantee trust fund and determine to whom and through whom the payments are to be made. (f) Enter into any contracts or obligations relating to the infrastructure bank fund and the guarantee trust fund. (g) Invest and reinvest the moneys belonging to the infrastructure bank fund and the guarantee trust fund as provided by this division. (h) Enter into any contract or agreement, execute any instrument, conduct all business and affairs, and perform all acts relating to the infrastructure bank fund and the guarantee trust fund whether or not specifically designated in this division. (Amended by Stats. 1995, Ch. 863, Sec. 12. Effective January 1, 1996.)
  134. 63023.1.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    The board may delegate authority to the executive director, or another person the executive director assigns, to handle contracts, instruments, business affairs, and acts related to two bank funds.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63023.1. The board may delegate to the executive director, or whomever he or she shall assign, the authority to execute a contract or agreement, execute an instrument, conduct all business and affairs, and perform all acts relating to the infrastructure bank fund and the guarantee trust fund. (Added by Stats. 1994, Ch. 749, Sec. 9.5. Effective January 1, 1995.)
  135. 63024.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

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    The executive director may contract for technical services with specified agencies, persons, or firms to help the bank perform its duties.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63024. The executive director may contract for technical services with the Department of Finance, the State Department of Health Care Services, the State Department of Public Health, the Department of Transportation, the Department of Water Resources, the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the Governor’s Office of Planning and Research, and any other necessary agencies, persons, or firms to enable the bank to properly perform the duties imposed by this division. (Amended by Stats. 2011, Ch. 518, Sec. 1. (AB 1292) Effective January 1, 2012.)
  136. 63024.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    If a state agency is authorized by state law to do so, it may ask the bank to issue bonds on its behalf, and the bank may issue them.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63024.5. Where a state agency is authorized under state law to request that the bank issue bonds on its behalf, the agency may request, and the bank may issue, the bonds for the purpose authorized by state law and to fund any necessary reserves, capitalized interest, and costs of issuance associated with the bonds. (Added by Stats. 2011, Ch. 518, Sec. 2. (AB 1292) Effective January 1, 2012.)
  137. 63025.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank board must adopt bylaws and an official seal.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63025. The bank board shall do the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (Amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 10. Effective January 1, 1995.)
  138. 63025.1.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank board may perform or delegate a list of financing and property-related powers to the executive director.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63025.1. The bank board may do or delegate the following to the executive director: (a) Sue and be sued in its own name. (b) As provided in Chapter 5 (commencing with Section 63070), issue bonds and authorize special purpose trusts to issue bonds, including, at the option of the board, bonds bearing interest that is taxable for the purpose of federal income taxation, or borrow money to pay all or any part of the cost of any project, or to otherwise carry out the purposes of this division. (c) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this division. (d) Employ attorneys, financial consultants, and other advisers as may, in the bank’s judgment, be necessary in connection with the issuance and sale, or authorization of special purpose trusts for the issuance and sale, of any bonds, notwithstanding Sections 11042 and 11043. (e) Contract for engineering, architectural, accounting, or other services of appropriate state agencies as may, in its judgment, be necessary for the successful development of a project. (f) Pay the reasonable costs of consulting engineers, architects, accountants, and construction, land use, recreation, and environmental experts employed by any sponsor or participating party if, in the bank’s judgment, those services are necessary for the successful development of a project. (g) Acquire, take title to, and sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in lands that are located within the state, or transition property as the bank may deem necessary or convenient for the financing of the project, upon terms and conditions that it considers to be reasonable. (h) Receive and accept from any source including, but not limited to, the federal government, the state, or any agency thereof, loans, contributions, or grants, in money, property, labor, or other things of value, for, or in aid of, a project, or any portion thereof. (i) Make loans to any sponsor or participating party, either directly or by making a loan to a lending institution, in connection with the financing of a project in accordance with an agreement between the bank and the sponsor or a participating party, either as a sole lender or in participation with other lenders. However, no loan shall exceed the total cost of the project as determined by the sponsor or the participating party and approved by the bank. (j) Make loans to any sponsor or participating party, either directly or by making a loan to a lending institution, in accordance with an agreement between the bank and the sponsor or participating party to refinance indebtedness incurred by the sponsor or participating party in connection with projects undertaken and completed prior to any agreement with the bank or expectation that the bank would provide financing, either as a sole lender or in participation with other lenders. (k) Mortgage all or any portion of the bank’s interest in a project and the property on which any project is located, whether owned or thereafter acquired, including the granting of a security interest in any property, tangible or intangible. (l) Assign or pledge all or any portion of the bank’s interests in transition property and the revenues therefrom, or assets, things of value, mortgages, deeds of trust, bonds, bond purchase agreements, loan agreements, indentures of mortgage or trust, or similar instruments, notes, and security interests in property, tangible or intangible and the revenues therefrom, of a sponsor or a participating party to which the bank has made loans, and the revenues therefrom, including payment or income from any interest owned or held by the bank, for the benefit of the holders of bonds. (m) Make, receive, or serve as a conduit for the making of, or otherwise provide for, grants, contributions, guarantees, insurance, credit enhancements or liquidity facilities, or other financial enhancements to a sponsor or a participating party as financial assistance for a project. (n) Lease the project being financed to a sponsor or a participating party, upon terms and conditions that the bank deems proper but shall not be leased at a loss; charge and collect rents therefor; terminate any lease upon the failure of the lessee to comply with any of the obligations thereof; include in any lease, if desired, provisions that the lessee shall have options to renew the lease for a period or periods, and at rents determined by the bank; purchase any or all of the project; or, upon payment of all the indebtedness incurred by the bank for the financing of the project, the bank may convey any or all of the project to the lessee or lessees. (o) Charge and equitably apportion among sponsors and participating parties the bank’s administrative costs and expenses incurred in the exercise of the powers and duties conferred by this division. (p) Issue, obtain, or aid in obtaining, from any department or agency of the United States, from other agencies of the state, or from any private company, any insurance or guarantee to, or for, the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to this division. (q) Notwithstanding any other provision of this division, enter into any agreement, contract, or any other instrument with respect to any insurance or guarantee; accept payment in the manner and form as provided therein in the event of default by a sponsor or a participating party; and issue or assign any insurance or guarantee as security for the bank’s bonds. (r) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary or convenient to, directly or indirectly, secure the bank’s bonds, the bonds issued by a special purpose trust, or a sponsor’s obligations to the bank or to a special purpose trust, including, but not limited to, bonds of a sponsor purchased by the bank or a special purpose trust for retention or sale, with funds or moneys that are legally available and that are due or payable to the sponsor by reason of any grant, allocation, apportionment or appropriation of the state or agencies thereof, to the extent that the Controller shall be the custodian at any time of these funds or moneys, or with funds or moneys that are or will be legally available to the sponsor, the bank, or the state or any agencies thereof by reason of any grant, allocation, apportionment, or appropriation of the federal government or agencies thereof; and in the event of written notice that the sponsor has not paid or is in default on its obligations to the bank or a special purpose trust, direct the Controller to withhold payment of those funds or moneys from the sponsor over which it is or will be custodian and to pay the same to the bank or special purpose trust or their assignee, or direct the state or any agencies thereof to which any grant, allocation, apportionment or appropriation of the federal government or agencies thereof is or will be legally available to pay the same upon receipt by the bank or special purpose trust or their assignee, until the default has been cured and the amounts then due and unpaid have been paid to the bank or special purpose trust or their assignee, or until arrangements satisfactory to the bank or special purpose trust have been made to cure the default. (s) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary, convenient, or appropriate to carry out any power expressly given to the bank by this division, including, but not limited to, agreements for the sale of all or any part, including principal, interest, redemption rights or any other rights or obligations, of bonds of the bank or of a special purpose trust, liquidity agreements, contracts commonly known as interest rate swap agreements, forward payment conversion agreements, futures or contracts providing for payments based on levels of, or changes in, interest rates or currency exchange rates, or contracts to exchange cash-flows or a series of payments, or contracts, including options, puts or calls to hedge payments, rate, spread, currency exchange, or similar exposure, or any other financial instrument commonly known as a structured financial product. (t) Purchase, with the proceeds of the bank’s bonds, transition property or bonds issued by, or for the benefit of, any sponsor in connection with a project, pursuant to a bond purchase agreement or otherwise. Bonds or transition property purchased pursuant to this division may be held by the bank, pledged or assigned by the bank, or sold to public or private purchasers at public or negotiated sale, in whole or in part, separately or together with other bonds issued by the bank, and notwithstanding any other provision of law, may be bought by the bank at private sale. (u) Enter into purchase and sale agreements with all entities, public and private, including state and local government pension funds, with respect to the sale or purchase of bonds or transition property. (v) Invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, in obligations that are authorized by law for the investment of trust funds in the custody of the Treasurer. (w) Authorize a special purpose trust or trusts to purchase or retain, with the proceeds of the bonds of a special purpose trust, transition property or bonds issued by, or for the benefit of, any sponsor in connection with a project or issued by the bank or a special purpose trust, pursuant to a bond purchase agreement or otherwise. Bonds or transition property purchased pursuant to this title may be held by a special purpose entity, pledged or assigned by a special purpose entity, or sold to public or private purchasers at public or negotiated sale, in whole or in part, with or without structuring, subordination or credit enhancement, separately or together with other bonds issued by a special purpose trust, and notwithstanding any other provision of law, may be bought by the bank or by a special purpose trust at private sale. (x) Approve the issuance of any bonds, notes, or other evidences of indebtedness by the Rural Economic Development Infrastructure Panel, established pursuant to Section 15373.7. (y) Approve the issuance of rate reduction bonds by an entity other than the bank or a special purpose trust to acquire transition property upon approval of the transaction in a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code. (z) Apply for and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value. The sources may include bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grant and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account. (aa) Do all things necessary and convenient to carry out its purposes and exercise its powers, provided, however, that nothing herein shall be construed to authorize the bank to engage directly in the business of a manufacturing, industrial, real estate development, or nongovernmental service enterprise. Further, the bank shall not be organized to accept deposits of money for time or demand deposits or to constitute a bank or trust company. (Amended by Stats. 1998, Ch. 4, Sec. 6. Effective January 1, 1999.)
  139. 63025.2.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    Section 63025.2 says Section 63025.1 does not change the bank’s authority under Section 19130.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63025.2. Nothing in Section 63025.1 shall be construed to extend or limit the authority of the bank that is otherwise provided in Section 19130. (Added by Stats. 1999, Ch. 84, Sec. 2. Effective July 12, 1999.)
  140. 63026.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank may exercise its fiscal powers without regard to other state departments, divisions, or agencies, except the Legislature.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63026. The fiscal powers granted to the bank by this part may be exercised without regard or reference to any other department, division, or agency of the state, except the Legislature. This division shall be deemed to provide an alternative method of doing the things authorized by this division, and shall be regarded as supplemental and additional to powers conferred by other laws. (Amended by Stats. 1998, Ch. 4, Sec. 7. Effective January 1, 1999.)
  141. 63027.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank may provide and arrange insurance or reinsurance for project loans and related debt service, set premium rates, and use other incidental powers; it must also make reasonable provisions to secure its loans and financing arrangements.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63027. (a) The bank may provide insurance or reinsurance of loans or portions thereof, or their debt service, including amounts payable as premiums of penalties in the event of mandatory or optional prepayment, made to finance a project, and to provide insurance or reinsurance or reserves, or portions thereof, or the yield therefrom, established to secure bonds issued to fund those loans or reserves. (b) The bank may enter into or arrange agreements for insurance or reinsurance with users, mortgagors, lending institutions, insurers, and others, the bank being authorized to reinsure or cede risks to the insurers in any amounts as the bank may determine and the insurers, if otherwise authorized to reinsure or insure those risks in California, being hereby authorized to reinsure the bank or cede risks to the bank to the same extent as if the bank were a company authorized to reinsure or insure those risks. (c) The bank may fix a rate or rates of premium for insurance or reinsurance, which need not be uniform, and may reflect any risks and classifications of risk as the bank determines to be reasonable. (d) The bank may exercise those other powers as are necessary or incidental to insurance, reinsurance, and related matters. (e) The bank shall make reasonable provisions for the security of loans made by the bank, and any insurance, reinsurance, and other financing arrangements negotiated by the bank. (f) The insurance or reinsurance provided for by the bank shall not constitute a debt or pledge of the faith and credit of the state or any subdivision of the state. (Added by Stats. 1998, Ch. 4, Sec. 8. Effective January 1, 1999.)
  142. 63028.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank must take over and carry out the former California Economic Development Financing Authority’s responsibilities, liabilities, and obligations.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 1. Creation of the Bank [63021 - 63028] ( Article 1 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63028. The bank assumes and shall observe, keep, and perform all of the responsibilities, liabilities, and obligations of the former California Economic Development Financing Authority established under Part 10.2 (commencing with Section 15710) of Division 2 of Title 2, as it read prior to the effective date of this section, and the assumption of the responsibilities, liabilities, and obligations of the former California Economic Development Financing Authority shall occur without any execution or filing of any paper or any further act. Any reference in any law, contract, bond, indenture, or other document to the former California Economic Development Financing Authority shall be deemed, hereafter, to mean the bank. (Added by Stats. 1998, Ch. 4, Sec. 9. Effective January 1, 1999.)
  143. 63030.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    Bonds issued by the bank or a special purpose trust may be treated as legal investments for specified funds, and they may be deposited with or received by state or municipal officers and agencies for authorized purposes.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63030. Bonds issued by the bank or a special purpose trust are legal investments for all trust funds, the funds of all insurance companies, banks, both commercial and savings, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and for any funds that may be invested in county, school, or municipal bonds. These bonds are securities that may legally be deposited with, and received by, any state or municipal officer or agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including, deposits to secure public funds. (Amended by Stats. 1995, Ch. 863, Sec. 14. Effective January 1, 1996.)
  144. 63031.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank cannot incur liabilities beyond the funds provided under this division, may borrow money for initial organization and operation costs before it has revenues or bond proceeds, and must repay that borrowed money with interest within a reasonable time after receiving those revenues or bond proceeds.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63031. No liability shall be incurred by the bank beyond the extent to which funds have been provided under this division. However, for the purposes of meeting the necessary expenses of initial organization and operation until the date that the bank derives revenues or proceeds from bonds as provided under this division, the bank may borrow money as needed for the purposes of meeting the necessary expenses of initial organization and operation from the Pooled Money Investment Account, as specified in subdivision (w) of Section 63025.1 or from any special funds, including the special funds of existing financing authorities. The borrowed money shall be repaid with interest within a reasonable time after the bank receives revenues or proceeds from bonds as provided under this division. (Amended by Stats. 1995, Ch. 863, Sec. 15. Effective January 1, 1996.)
  145. 63032.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank and a bank-authorized special purpose trust do not have to pay property taxes or assessments on covered project property while title is held by the bank on behalf of the state.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63032. (a) Neither the bank nor a special purpose trust authorized by the bank is required to pay any property taxes or assessments upon, or with respect to, any project or any property acquired by, or for, the bank under this division, or upon the income therefrom, so long as the bank, on behalf of the state, holds title to the project or to the property contained in the project. (b) The exemption of the bank or of a special purpose trust from taxation of any property shall cease when title to the property is transferred from the bank to any taxable person or entity. This section does not exempt any taxable person or entity from taxation, including, but not limited to, taxation upon a possessory interest, with respect to any project, or the property of facilities contained in any project that may otherwise be applicable to the person. (Amended by Stats. 1995, Ch. 863, Sec. 16. Effective January 1, 1996.)
  146. 63033.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The state must not reduce or impair certain bondholders’ and contract parties’ rights until the bonds and related contracts are fully satisfied, and the bank may put this state pledge into its own contracts.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63033. The state does hereby pledge to, and agrees with, the holders of any bonds issued under this division, and with those parties who may enter into contracts with the bank pursuant to this division, that the state will not limit or alter the rights hereby vested in the bank to finance any project and to fulfill the terms of any loan agreement, lease, or other contract with the agency pursuant to this division, or in any way impair the rights or remedies of the bondholders or of the parties until those bonds, together with interest thereon, are fully discharged or provision for this discharge has been made and those contracts are fully performed on the part of the bank. The bank, as agent for the state, may include this pledge and undertaking for the state in its obligations or contracts. (Added by Stats. 1994, Ch. 94, Sec. 1. Effective January 1, 1995. Conditionally operative as prescribed by Sec. 17 of Ch. 94.)
  147. 63034.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank must set a reasonable administrative-fee schedule, and the sponsor or participating party must pay those fees.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63034. The bank shall establish a reasonable schedule of administrative fees, which shall be paid by the sponsor or the participating party pursuant to Section 63074, to reimburse the state for the costs of administering this division. (Added by Stats. 1994, Ch. 94, Sec. 1. Effective January 1, 1995. Conditionally operative as prescribed by Sec. 17 of Ch. 94.)
  148. 63035.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The bank must file an annual report by January 1 each year, the executive director must post it on the bank’s website, and the bank must notify the Joint Legislative Budget Committee before new financing projects if federal funds have been fully recycled into state dollars.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63035. (a) The bank shall, not later than January 1 of each year, submit to the Strategic Growth Council, the Governor, the Speaker of the Assembly, the President pro Tempore of the Senate, the Legislature, the legislative budget subcommittees related to climate, and the Legislative Analyst’s Office, pursuant to Section 9795, a report for the preceding fiscal year ending on June 30 containing information on the bank’s activities relating to the infrastructure bank fund and programs. The report shall include all of the following: (1) (A) Information on the infrastructure bank fund, including, but not limited to, its present balance, moneys encumbered, moneys allocated, repayments, and other sources of revenues received during the fiscal year. (B) Information on the impact of the activities funded by the infrastructure bank fund moneys, including, but not limited to, the number of jobs created and retained, the environmental impact that resulted, and economic value provided to the state. (2) A specification of conduit and revenue bonds sold and interest rates thereon, including, but not limited to, the use of the bond proceeds. (3) The amount of other public and private funds leveraged by the assistance provided. (4) A report of revenues and expenditures for the preceding fiscal year, including all of the bank’s costs. The information provided pursuant to this subdivision shall include, but need not be limited to, both of the following: (A) The amount and source of total bank revenues. Revenues shall be shown by main categories of revenues, including the General Fund, special funds, federal funds, interest earnings, fees collected, and bond proceeds, for each bank program. (B) The amount and type of total bank expenditures. Expenditures shall be shown by major categories of expenditures, including loans provided, debt service payments, and program support costs, for each bank program. (5) A projection of the bank’s needs and requirements for the coming year. (6) Recommendations for changes in state and federal law necessary to meet the objectives of this division. (7) The contents of the report prepared by the program manager of the California Small Business Finance Center consistent with the requirements of Section 63089.98. (8) The contents of the report containing Climate Catalyst Revolving Fund Program activity consistent with the requirements of Section 63048.94. (b) The executive director shall post the report on the bank’s internet website. (c) The bank shall provide written notification to the Joint Legislative Budget Committee when federal funds are fully recycled into state dollars before committing to any additional financing projects. (Amended by Stats. 2025, Ch. 20, Sec. 27. (AB 137) Effective June 30, 2025.)
  149. 63035.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The Section 63035 report must be submitted quarterly to the Governor and the Joint Legislative Budget Committee during the 1999–2000 and 2000–01 fiscal years.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63035.5. The report required by Section 63035 shall be submitted to the Governor and the Joint Legislative Budget Committee on a quarterly basis during the 1999–2000 fiscal year and the 2000–01 fiscal year. (Added by Stats. 1999, Ch. 84, Sec. 3. Effective July 12, 1999.)
  150. 63036.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. )

    Verify source ↗

    The Legislature states that the bank’s activities should be coordinated with future growth-management planning, and public works financed under this division must comply with specified Labor Code requirements.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 2. General Provisions [63030 - 63036] ( Article 2 added by Stats. 1994, Ch. 94, Sec. 1. ) ## 63036. It is the intent of the Legislature that the activities of the bank be fully coordinated with any future legislative plan involving growth management strategies designed to protect California’s land resource, and ensure its preservation and use it in ways which are economically and socially desirable. Further, all public works financed pursuant to this division, including those projects financed through the use of industrial development bonds under Title 10 (commencing with Section 91500), shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (Amended by Stats. 2001, Ch. 938, Sec. 1. Effective January 1, 2002.)
  151. 6304.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain approved public or private corporations may establish, operate, and maintain a foreign-trade zone, subject to federal conditions and board-prescribed rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Foreign Trade Zones [6300 - 6304] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 6304. Any public or private corporation authorized by this chapter to apply and whose application is granted pursuant to the terms of the act of Congress may establish, operate, and maintain the foreign-trade zone: (a) Subject to the conditions and restrictions of the act of Congress, and any amendments thereto. (b) Under such rules and regulations and for the period of time that may be prescribed by the board established by the act of Congress to carry out the act. (Amended by Stats. 2017, Ch. 13, Sec. 5. (AB 1727) Effective January 1, 2018.)
  152. 63040.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. )

    Verify source ↗

    The bank must set project-selection criteria, priorities, and guidelines after consulting appropriate state and local agencies, and projects must comply with them.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. ) ## 63040. (a) Following consultation with appropriate state and local agencies, the bank shall establish criteria, priorities, and guidelines for the selection of projects to receive assistance from the bank. Projects shall comply with the criteria, priorities, and guidelines adopted by the bank. (b) The criteria, priorities, and guidelines shall, at a minimum, be based upon the following: (1) The State Environmental Goals and Policy Report, or its successor, approved pursuant to Article 5 (commencing with Section 65041) of Chapter 1.5 of Division 1 of Title 7. If the State Environmental Goals and Policy Report, or its successor, has not been adopted within two years of a statutorily required update, compliance with this paragraph is not required until the report is updated. (2) If the sponsor is a state agency, board, commission, or department, the Capital and Infrastructure Project Planning Report, prepared by the Director of Finance pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2. (c) When the bank establishes or makes changes to the criteria, priorities, and guidelines, the bank shall notify the Governor, the fiscal and policy committees of the Legislature that exercise legislative oversight of the bank, and appropriate state and local agencies. (d) The resolution required in Section 63041 shall have been adopted prior to the project’s selection by the bank. (Amended by Stats. 2014, Ch. 132, Sec. 6. (AB 2749) Effective January 1, 2015.)
  153. 63041.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. )

    Verify source ↗

    Before submitting a project to the bank, the sponsor’s legislative body must adopt a resolution making specified findings, and then send that resolution to the executive director of the infrastructure bank.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. ) ## 63041. (a) Prior to submitting a project to the bank for consideration, the legislative body or bodies of the sponsor or sponsors of the project shall find, by resolution, each of the following: (1) The project is consistent with the general plan of both the city and county, or city and county in the case of San Francisco, or only the county for projects in unincorporated areas in which the project is located. (2) The proposed financing is appropriate for the specific project. (3) The project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources. The project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities. (4) The project is consistent with the criteria, priorities, and guidelines for the selection of projects adopted pursuant to Section 63040. (b) Upon the adoption of the resolution in subdivision (a) by the legislative body, the legislative body shall transmit the resolution to the executive director of the infrastructure bank. (Amended by Stats. 1999, Ch. 84, Sec. 4. Effective July 12, 1999.)
  154. 63041.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. )

    Verify source ↗

    The bank may not make a single loan above 10% of the appropriated funds unless the board unanimously approves and the Director of Finance gives 30 days’ written notice.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 3. Local Resolution Applying for Bank Financing [63040 - 63041.5] ( Heading of Article 3 renumbered from Article 4 by Stats. 1998, Ch. 4, Sec. 12. ) ## 63041.5. (a) It is the intent of the Legislature to provide a one-time appropriation for financial assistance to local government to meet capital outlay and infrastructure needs. (b) From the funds appropriated in Item 2920-111-0001 of the Budget Act of 1999, the sum of four hundred twenty-five million dollars ($425,000,000) shall be available for financial assistance, including, but not limited to, leveraged revolving fund loans, to local government sponsors for public development facilities, as specified in subdivision (q) of Section 63010 of the Government Code. (c) From the funds appropriated in Item 2920-111-0001 of the Budget Act of 1999 and in Item 2920-111-0001 of the Budget Act of 1998 (Chapter 324 of the Statutes of 1998), the California Infrastructure and Economic Development Bank shall make no single loan in excess of 10 percent of the combined amount of these appropriations to the bank unless approved by unanimous consent of the membership of the Board of Directors of the California Infrastructure and Economic Development Bank and the Director of Finance provides a 30-day written notice to the Chairperson and Vice-Chairperson of the Joint Legislative Budget Committee. (Added by Stats. 1999, Ch. 84, Sec. 5. Effective July 12, 1999.)
  155. 63042.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 4. Financing of Transition Costs [63042- 63042.] ( Heading of Article 4 renumbered from Article 6 by Stats. 1998, Ch. 4, Sec. 16. )

    Verify source ↗

    The bank must consider certain transition-cost financing projects and set up expedited review procedures for rate reduction bond applications, while limiting its authority over the related financing order and matters handled by the Public Utilities Commission.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 4. Financing of Transition Costs [63042- 63042.] ( Heading of Article 4 renumbered from Article 6 by Stats. 1998, Ch. 4, Sec. 16. ) ## 63042. Notwithstanding any other provision of this division, a project for the financing of transition costs and the acquisition of transition property upon the request of an electrical corporation shall be deemed to be in the public interest and eligible for financing by the bank, and Article 3 (commencing with Section 63040) and Article 5 (commencing with Section 63043) shall not apply to the project or financing. The bank shall consider a project for financing transition costs and the acquisition of transition property upon filing of an application by an appropriate participating party, on the terms and conditions the bank shall determine. The bank shall establish procedures for the expeditious review of applications from electrical corporations for the issuance or approval of rate reduction bonds. The review may be concurrent with the Public Utilities Commission’s processing of an application for the pertinent financing order, so as to allow for the issuance of rate reduction bonds as quickly as feasible after the issuance of the pertinent financing order by the Public Utilities Commission. Notwithstanding any other provision of this division, the bank shall have no authority to alter or modify any term or condition related to the transition costs or the transition property as set forth in the pertinent financing order, and shall have no authority over any matter that is subject to the approval of the Public Utilities Commission under Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code. (Added by renumbering Section 63048 by Stats. 1998, Ch. 4, Sec. 17. Effective January 1, 1999.)
  156. 63043.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. )

    Verify source ↗

    This section says Articles 3 and 4 do not apply to certain conduit financing for economic development facilities when the bank does it directly for the benefit of a participating party.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. ) ## 63043. Notwithstanding any other provision of this division, Article 3 (commencing with Section 63040) and Article 4 (commencing with Section 63042), shall not apply to any conduit financing for economic development facilities by the bank directly for the benefit of a participating party. (Repealed and added by Stats. 1998, Ch. 4, Sec. 15. Effective January 1, 1999.)
  157. 63044.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. )

    Verify source ↗

    The bank must consider qualifying conduit-financing projects when an application is filed, and it must set procedures for expedited review of bond applications for economic development facilities.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. ) ## 63044. The bank shall consider a project for conduit financing for economic development facilities upon filing of an application with the bank by an appropriate participating party, on the terms and conditions the bank shall determine. The bank shall establish procedures for the expeditious review of applications for the issuance or approval of bonds to finance economic development facilities. (Repealed and added by Stats. 1998, Ch. 4, Sec. 15. Effective January 1, 1999.)
  158. 63045.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. )

    Verify source ↗

    The bank may issue taxable or tax-exempt revenue bonds to finance certain economic development facilities and projects, subject to public-interest and legal requirements.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. ) ## 63045. In order to provide or arrange for the financing of economic development facilities, the bank may: (a) Issue taxable revenue bonds pursuant to Chapter 5 (commencing with Section 63070) to provide financing for economic development projects compatible with the public interest as specified in Section 63046. (b) Issue taxable revenue bonds pursuant to Chapter 5 (commencing with Section 63070) to provide financing for the revolving loan funds and economic development projects of small business development corporations, local economic development corporations, community development corporations, and nonprofit organizations, which revolving loan funds and economic development projects shall be compatible with the public interest. (c) Issue tax-exempt revenue bonds pursuant to Chapter 5 (commencing with Section 63070) to provide financing for economic development facilities as permitted by federal law and in accordance with applicable California law relating to the distribution of state allocations for private activity bonds. The proceeds of private activity bonds issued by the bank under any state allocation shall not be used to finance any housing. Projects so financed shall be compatible with the public interest as specified in Section 63046. (d) Issue tax-exempt revenue bonds pursuant to Chapter 5 (commencing with Section 63070) for economic development facilities of public sector and nonprofit organizations qualifying for exemption under federal law. (Amended by Stats. 2021, Ch. 356, Sec. 2. (AB 1297) Effective January 1, 2022.)
  159. 63046.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. )

    Verify source ↗

    The bank may not make financing under this article unless it first determines the financing meets listed public interest criteria.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. ) ## 63046. No financing shall be made by the bank under this article unless the bank shall have first determined that the financing or assistance meets the following public interest criteria: (a) The financing, loan, grant, or other assistance is for a project or a use in the State of California. (b) Those seeking funds or other assistance are capable of meeting obligations incurred under relevant agreements. (c) In the case of loans or bonds, payments to be made under applicable financing documents are adequate to pay the current expenses of the bank in connection with the financing and to make payments on the bonds. (d) The proposed financing is appropriate for the specific project. (Repealed and added by Stats. 1998, Ch. 4, Sec. 15. Effective January 1, 1999.)
  160. 63047.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. )

    Verify source ↗

    Loans and housing financed under this article have specific conditions, and the bank must follow planning and job-impact requirements.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5. Financing Economic Development Facilities [63043 - 63047] ( Heading of Article 5 amended by Stats. 1999, Ch. 83, Sec. 86. ) ## 63047. (a) Any loan entered into pursuant to this article may contain provisions for payment of a penalty if any recipient of funds under this article leaves this state prior to the completion of the full term of the loan. (b) Projects that the board determines will produce long-term employment creation or retention shall receive first priority for financing. (c) Any recipient of funds under this article that utilizes the funds for construction purposes, shall certify that the contractors are properly licensed by the Contractors’ State License Board. (d) The bank shall require that the proposed economic development facilities be consistent with any existing local or regional comprehensive plan. (e) The bank shall develop a policy regarding financing companies that move within this state so as to minimize any displacement of jobs. (f) In addition to any other methods the bank may use to identify economic development projects, the bank shall utilize existing local economic development networks to identify these projects and prepare a plan, in consultation with local economic development networks and their organizations and representatives, to implement this policy. (g) Any housing financed pursuant to this article shall meet all of the following conditions: (1) Any housing financed as part of an economic development facility shall be required for the operation of the facility. (2) No funds from the Infrastructure State Revolving Loan Program shall be used to finance any housing component of an economic development facility. (3) The proceeds of private activity bonds issued by the bank under any state allocation shall not be used to finance any housing. Projects so financed shall be compatible with the public interest as specified in Section 63046. (4) Any housing financed as part of an economic development project shall be incidental to the overall project and the cost of the housing component shall not represent more than 20 percent of the overall project costs financed by the bank. (Amended by Stats. 2021, Ch. 356, Sec. 3. (AB 1297) Effective January 1, 2022.)
  161. 63047.1.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5.5. Financing Public Development Facilities [63047.1- 63047.1.] ( Article 5.5 added by Stats. 2021, Ch. 356, Sec. 4. )

    Verify source ↗

    Housing financed under this chapter must meet specific conditions, including limits on what financing can cover and a 20% cap on housing component costs.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 5.5. Financing Public Development Facilities [63047.1- 63047.1.] ( Article 5.5 added by Stats. 2021, Ch. 356, Sec. 4. ) ## 63047.1. Any housing financed pursuant to this chapter shall meet all of the following conditions: (a) Any tax-exempt revenue bonds issued by the bank under a state allocation of private activity bond volume cap pursuant to Section 63045 shall not finance any housing component of a public development facility. (b) No funds from the Infrastructure State Revolving Fund Program shall be used to finance any housing component of a public development facility. (c) Any housing financed is required for the operation of the facilities. (d) Any housing financed shall be incidental to the overall project and the cost of the housing component shall not represent more than 20 percent of the overall project costs financed by the bank. (Added by Stats. 2021, Ch. 356, Sec. 4. (AB 1297) Effective January 1, 2022.)
  162. 63048.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section defines “Board” and “Revolving fund” for this article, unless the context requires a different meaning.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. ) ## 63048. For purposes of this article, the following terms have the following meanings, unless the context clearly indicates or requires another meaning: (a)“Board” means the State Water Resources Control Board. (b) “Revolving fund” means the State Water Pollution Control Revolving Fund created by Chapter 6.5 (commencing with Section 13475) of Division 7 of the Water Code. (Added by Stats. 2000, Ch. 1078, Sec. 1. Effective January 1, 2001.)
  163. 63048.100.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    The bank must include the fund’s credit and liabilities in its budget, and its operating budget is subject to review and appropriation in the annual Budget Act. Expenditures of the Climate Catalyst Revolving Fund are not subject to supervision or approval by other state officers or divisions, except the Legislature.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.100. (a) Notwithstanding Chapter 2 (commencing with Section 12850) of Part 2.5 of Division 3 of Title 2 and Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2, expenditures of the Climate Catalyst Revolving Fund shall not be subject to the supervision or approval of any other officer or division of state government, with the exception of the Legislature. (b) The bank’s budget regarding the Climate Catalyst Revolving Fund shall include the amount of credit and liabilities of the fund, based on an audit of the fund at the close of the prior fiscal year. The bank’s operating budget in connection with the activities authorized under this article shall be subject to review and appropriation in the annual Budget Act. (Amended by Stats. 2025, Ch. 20, Sec. 37. (AB 137) Effective June 30, 2025.)
  164. 63048.3.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section says Articles 3, 4, and 5 do not apply to certain bank financing connected with the revolving fund.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. ) ## 63048.3. Notwithstanding any other provision of this division, Article 3 (commencing with Section 63040), Article 4 (commencing with Article 63042), and Article 5 (commencing with Section 63043) do not apply to any financing provided by the bank to, or at the request of, the board in connection with the revolving fund. (Added by Stats. 2000, Ch. 1078, Sec. 1. Effective January 1, 2001.)
  165. 63048.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. )

    Verify source ↗

    The bank may issue taxable or tax-exempt revenue bonds and use the proceeds for the revolving fund, refunding prior bonds, reserves, capitalized interest, or issuance costs.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6. State Water Pollution Control Revolving Fund Program [63048 - 63048.5] ( Article 6 added by Stats. 2000, Ch. 1078, Sec. 1. ) ## 63048.5. (a) The bank may issue taxable or tax-exempt revenue bonds pursuant to Chapter 5 (commencing with Section 63070) and deposit the proceeds from the bonds into the revolving fund or use the proceeds to refund bonds previously issued under this article. Bond proceeds may also be used to fund necessary reserves, capitalized interest, or costs of issuance. (b) Except as may be provided in the governing documents with respect to bond anticipation notes, each of the bonds issued under this article shall, to the extent provided in the governing documents, be payable from, and secured by, all or a portion of the revenues in the revolving fund and the assets of the revolving fund, to the extent the revenues and assets are pledged by the board for those purposes. (c) Bonds issued under this article shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the bank, or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the revolving fund and the assets of the revolving fund, and the security provided by the revolving fund. All bonds issued under this article shall contain on the face of the bonds a statement to the same effect. (Added by Stats. 2000, Ch. 1078, Sec. 1. Effective January 1, 2001.)
  166. 63048.55.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. )

    Verify source ↗

    This section defines “Department” and “Revolving fund” for this article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. ) ## 63048.55. For the purposes of this article, the following terms have the following meanings: (a) “Department” means the State Department of Public Health. (b) “Revolving fund” means the Safe Drinking Water State Revolving Fund established pursuant to Section 116760.30 of the Health and Safety Code. (Added by Stats. 2011, Ch. 518, Sec. 3. (AB 1292) Effective January 1, 2012.)
  167. 63048.56.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. )

    Verify source ↗

    For financing connected to the revolving fund, specified Articles 3, 4, and 5 do not apply.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. ) ## 63048.56. Notwithstanding any other law, Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), and Article 5 (commencing with Section 63043) shall not apply to any financing provided by the bank to, or at the request of, the department in connection with the revolving fund. (Added by Stats. 2011, Ch. 518, Sec. 3. (AB 1292) Effective January 1, 2012.)
  168. 63048.57.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. )

    Verify source ↗

    The bank may issue revenue bonds and use the proceeds for the revolving fund, refunding earlier bonds, reserves, capitalized interest, or issuance costs.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.3. Safe Drinking Water State Revolving Fund [63048.55 - 63048.57] ( Article 6.3 added by Stats. 2011, Ch. 518, Sec. 3. ) ## 63048.57. (a) The bank may issue taxable or tax-exempt revenue bonds pursuant to Chapter 5 (commencing with Section 63070) and deposit the proceeds from the bonds into the revolving fund or use the proceeds to refund bonds previously issued under this article. Bond proceeds may also be used to fund necessary reserves, capitalized interest, or costs of issuance. (b) Except as may be provided in the governing documents with respect to bond anticipation notes, each of the bonds issued under this article shall, to the extent provided in the governing documents, be payable from, and secured by, all or a portion of the revenues in the revolving fund and the assets of the revolving fund, to the extent the revenues and assets are pledged by the department for those purposes. (c) Bonds issued under this article shall not be deemed to constitute a debt or liability of the state or of any political subdivision of the state, other than the bank, but shall be payable solely from the revolving fund and the assets of the revolving fund, and the security provided by the revolving fund. All bonds issued under this article shall contain on the face of the bonds a statement to that effect. (Added by Stats. 2011, Ch. 518, Sec. 3. (AB 1292) Effective January 1, 2012.)
  169. 63048.6.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. )

    Verify source ↗

    This section adds definitions for “compact assets,” “designated tribal compacts,” and “operating expenses” for this article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. ) ## 63048.6. The definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise: (a) “Compact assets” means moneys required to be paid to the state under Sections 4.3.1 and 4.3.3 of the designated tribal compacts and the state’s rights to receive those payments. (b) “Designated tribal compacts” means the amended and new tribal-state compacts, which are ratified by the Legislature, and that, among other things, require certain payments to the state in exchange for the exclusive right of the compact tribes to engage in certain gaming activities in their respective core geographic markets, all as specified in the amended and new compacts, and that are designated by the Director of Finance pursuant to subdivision (a) of Section 63048.65. (c) “Operating expenses” means the reasonable operating expenses of the special purpose trust and the bank, including, but not limited to, the costs of preparation of accounting and other reports, maintenance of the ratings on the bonds, insurance premiums, or other required activities of the special purpose trust, and fees and expenses incurred for professional consultants, advisors, fiduciaries, and legal counsel, including the fees and expenses of the Attorney General incurred in connection with the enforcement of the pledges and agreements of the state pursuant to Section 63048.8. (Added by Stats. 2004, Ch. 91, Sec. 4. Effective July 1, 2004.)
  170. 63048.63.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. )

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    The section protects certain tribal records from disclosure, allows nondisclosure agreements for those materials, and permits the bank to hold closed sessions to review them.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. ) ## 63048.63. (a) The Legislature hereby finds and declares: (1) The financial and legal records of California Indian tribes and tribal business enterprises are records of a sovereign nation and are not subject to disclosure by private citizens or the state. This is explicitly recognized in amendments to tribal-state gaming compacts ratified by the Legislature, which provide for the securitization of annual payments to be received from the tribes by the state or by an agency, trust, fund, or entity specified by the state. (2) In order to review the records of any Indian tribe relative to this securitization, the compacts require the execution of nondisclosure agreements. (3) State entities statutorily charged with participating in the bond sale cannot perform those duties in the absence of that agreement, and the Legislature hereby acknowledges and agrees that documents containing tribal information are not public records, shall not be discussed in an open meeting, and that state officials privy to that information may execute nondisclosure agreements. (b) Nothing in Division 10 (commencing with Section 7920.000) of Title 1 or any other provision of law shall permit the disclosure of any records of an Indian tribe received by the state, or by an agency, trust fund, or entity specified by the state, in connection with the sale of any portions of the designated tribal-state gaming compact assets or the issuance of bonds, or any summaries or analyses thereof. The transmission of the records, or the information contained in those records in an alternative form, to the state or the special purpose trust shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the state or special purpose trust shall be subject to this same exemption from disclosure. (c) The state and the special purpose trust are authorized to enter into nondisclosure agreements with Indian tribes agreeing not to disclose the materials described in subdivision (b). (d) The nondisclosure agreements may include provisions limiting the representatives of the state and the special purpose trust authorized to review or receive records of the Indian tribe to those individuals directly working on the sale of portions of the designated compact assets or the issuance of the bonds. (e) Nothing in Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code shall be construed to prevent the bank from conducting a closed session to consider any records or information of an Indian tribe or any summaries or analyses thereof received by the state in connection with the sale of any portion of the compact assets or the issuance of bonds. (Amended by Stats. 2021, Ch. 615, Sec. 212. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  171. 63048.65.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. )

    Verify source ↗

    This section says most of the specified loans were already repaid, and the remaining $706 million must be repaid under Section 14556.8.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. ) ## 63048.65. (a) Prior to July 1, 2015, three hundred twenty-one million dollars ($321,000,000) of the one billion two hundred million dollars ($1,200,000,000) of loans from the Traffic Congestion Relief Fund to the General Fund was repaid using tribal gaming compact revenues. In 2016, an additional one hundred seventy-three million dollars ($173,000,000) was repaid from the General Fund. (b) The remaining seven hundred six million dollars ($706,000,000) of loans from the Traffic Congestion Relief Fund to the General Fund shall be repaid pursuant to Section 14556.8. (Repealed and added by Stats. 2017, Ch. 5, Sec. 11. (SB 1) Effective April 28, 2017.)
  172. 63048.9.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. )

    Verify source ↗

    This article and the powers granted by it must be interpreted broadly to carry out the article’s intent and purposes.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.5. Tribal Compact Assets Securitization [63048.6 - 63048.9] ( Article 6.5 added by Stats. 2004, Ch. 91, Sec. 4. ) ## 63048.9. This article and all powers granted hereby shall be liberally construed to effectuate its intent and their purposes. (Added by Stats. 2004, Ch. 91, Sec. 4. Effective July 1, 2004.)
  173. 63048.91.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    This section names the chapter the Climate Catalyst Revolving Fund Act of 2020, says the article does not affect other bank powers and duties, and requires the bank to administer the fund for climate catalyst projects.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.91. (a) This chapter shall be known, and may be cited, as the Climate Catalyst Revolving Fund Act of 2020. (b) Notwithstanding any other provision of this division, this article does not apply to any other activities, powers, and duties of the Infrastructure and Economic Development Bank under this division. (c) The bank shall administer the Climate Catalyst Revolving Fund to provide financial assistance for climate catalyst projects, as defined in subdivision (b) of Section 63048.92. (d) Financial assistance for climate catalyst projects through the Climate Catalyst Revolving Fund Program shall be provided at low-interest rates and at low-cost as determined by the bank, to support the projects directly and to attract additional third-party capital. (Amended by Stats. 2025, Ch. 20, Sec. 29. (AB 137) Effective June 30, 2025.)
  174. 63048.92.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

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    This section defines terms used in the Climate Catalyst Revolving Fund article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.92. The definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise: (a) “Bank” means the Infrastructure and Economic Development Bank. (b) “Climate catalyst project” means any building, structure, equipment, infrastructure, or other improvement within California, or financing the general needs, including working capital, of any sponsor or participating party for operations or activities within California that are consistent with, and intended to, further California’s climate goals, activities that reduce climate risk, and the implementation of low-carbon technology and infrastructure. (c) “Climate Catalyst Revolving Fund” means revolving funds by that name created under, and administered pursuant to, this article to provide financial assistance for climate catalyst projects. (d) “Climate Catalyst Revolving Fund Program” means the program of that name to administer the Climate Catalyst Revolving Fund and to provide financial assistance for climate catalyst projects, to be administered by the bank pursuant to this article and criteria, priorities, and guidelines to be adopted by the bank board. (e) “Climate catalyst financing plan” means a report by the bank for one of the categories of climate catalyst projects identified in subdivision (f) of Section 63048.93, identifying potential subcategories and eligibility criteria of climate catalyst projects that may receive financial assistance under this article and within that category. Each climate catalyst financing plan shall be based on the bank’s direct consultation with the consulting agencies for that category identified in subdivision (f) of Section 63048.93. (f) “Consulting agencies” means the state agencies set forth in subdivision (f) of Section 63048.93 and any additional state agencies identified pursuant to subdivision (g) of Section 63048.93. (g) “Disadvantaged” when used in conjunction with a participating party recipient or potential recipient of financial assistance means a participating party that is economically disadvantaged, or is operating in a community characterized by socioeconomic indicators that may include, but are not limited to, low- to -moderate income, poverty rates, unemployment, educational attainment, and other disadvantaging factors that limit access to capital and other resources. (h) “Sponsor” and “participating party” shall mean the same as defined in Section 63010, but also include federally recognized Native American tribes and tribal business enterprises located in California. (Amended by Stats. 2025, Ch. 20, Sec. 30. (AB 137) Effective June 30, 2025.)
  175. 63048.93.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

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    This section lets the bank provide climate catalyst financing and sets conditions for plans, accounts, posting, consultation, approvals, and project eligibility.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.93. (a) The bank is hereby authorized and empowered to provide financial assistance under the Climate Catalyst Revolving Fund Program to any eligible sponsor or participating party either directly or to a lending or financial institution, in connection with the financing or refinancing of a climate catalyst project, in accordance with an agreement or agreements, between the bank and the sponsor or participating party, including, but not limited to, tribes, either as a sole lender or in participation or syndication with other lenders. (b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 does not apply to any climate catalyst financing plan or any criteria, priorities, and guidelines adopted by the bank in connection with the Climate Catalyst Revolving Fund Program or any other program of the bank. However, any climate catalyst financing plan shall be posted on the bank’s internet website in a conspicuous location at least 30 calendar days before a bank board meeting at which the climate catalyst financing plan will be considered for approval. (c) (1) Repayments of financing made under the Climate Catalyst Revolving Fund Program shall be deposited into the appropriate account created within the Climate Catalyst Revolving Fund. (2) The bank shall establish a separate account for each category of climate catalyst projects identified by each paragraph of subdivision (f). For purposes of paragraph (3) of subdivision (f), the Clean Energy Transmission Financing Account is hereby created in the Climate Catalyst Revolving Fund. (d) (1) (A) The bank shall meet and confer with the appropriate consulting agencies for each category of climate catalyst projects identified in subdivision (f). Thereafter, the bank board shall adopt, by majority vote of the bank board, a climate catalyst financing plan for each category of climate catalyst projects identified in subdivision (f). Before the bank board meeting in which the bank board will first consider adoption of a financing plan, each consulting agency shall submit a letter to the bank board discussing any areas of support and any areas of disagreement with the financing plan under consideration. (B) Adoption of a climate catalyst financing plan by the bank board shall authorize the bank to provide financial assistance and to use all financing authorities provided under this division in its implementation of the climate catalyst financing plan. (2) Following bank board approval, the climate catalyst financing plan shall be posted on the bank’s internet website. (3) A climate catalyst financing plan shall not be in effect until approved by the bank board. (e) (1) A climate catalyst financing plan shall remain in effect until superseded by a revised climate catalyst financing plan or repealed by the bank. Commencing the first fiscal year following adoption of an initial climate catalyst financing plan, and in each fiscal year thereafter, the bank shall contact each consulting agency to discuss potential revisions to the climate catalyst financing plan last approved by the bank board. If the consultation results in proposed revisions to the climate catalyst financing plan, the bank board may consider adopting, by majority vote, a revised climate catalyst financing plan. (2) Any revisions to, or repeals of, a climate catalyst financing plan shall take effect 30 days after the bank provides written notification to the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine. (f) The categories of climate catalyst projects and the consulting agencies for the respective climate catalyst financing plans shall be as follows: (1) This paragraph shall be known as the “Forest Biomass Management and Utilization” climate catalyst category. The Natural Resources Agency shall be the consulting agency for the climate catalyst financing plan adopted for this category. This category includes climate catalyst projects that relate to sustainable vegetation management, forestry practices, and timber harvesting products. Eligible climate catalyst project subcategories include, but are not limited to, all of the following: (A) Clean energy production, except combustion biomass conversion. (B) Advanced construction materials. (C) Forestry equipment needed to achieve the state’s goals for forest and vegetation management treatments. (2) This paragraph shall be known as the “Climate-Smart Agriculture” climate catalyst category. The Department of Food and Agriculture shall be the consulting agency for the climate catalyst financing plan for this category. This category includes climate catalyst projects that relate to agricultural improvements that enhance the climate or lessen impacts to the climate resulting from in-force agricultural practices. Eligible climate catalyst project subcategories include, but are not limited to, all of the following: (A) Onfarm and food processing renewable energy, including both electricity and fuels, and bioenergy, to be used or distributed onsite. (B) Energy, water, and materials efficiency. (C) Methane reduction projects, using best practice approaches consistent with state policy goals, excluding dairy digesters and biogas unless used or distributed onsite. (D) Energy storage or microgrids. (E) Equipment replacement. (3) (A) This paragraph shall be known as the “Clean Energy Transmission” climate catalyst category. The State Energy Resources Conservation and Development Commission and the Public Utilities Commission shall be the consulting agencies for the climate catalyst financing plan for this category. This category includes climate catalyst projects that are clean energy transmission projects. If multiple projects seek funding, the consulting agencies shall prioritize, based on state policy, potential projects that meet the conditions in subparagraph (B), and on financial considerations as determined by the bank. Eligible climate catalyst project subcategories in this paragraph shall comply with the conditions set forth in this paragraph, and include, but are not limited to, both of the following: (i) Clean energy transmission project infrastructure that is necessary to connect the transmission project into the applicable California balancing authority area. (ii) Other necessary technical elements of transmission infrastructure, including, but not limited to, environmental planning, permitting, and preconstruction costs for a project. (B) Eligible projects shall meet all of the following conditions: (i) Have at least one interconnection point within a California balancing authority area. (ii) The applicant or its affiliates have previously completed a transmission project in California. (iii) Will primarily deliver electricity to the Independent System Operator balancing authority area from clean resources located in identified resource areas that do not have adequate deliverability to a California balancing authority area. (iv) Support new high voltage, defined as 200 kilovolts or higher, transmission projects or upgrades of existing transmission lines and substations to high voltage that are consistent with the state’s reliability and greenhouse gas policy objectives. (v) Priority shall be given to transmission projects that have not already been approved through the Independent System Operator’s transmission planning process or projects that have not been recently studied in the Independent System Operator’s transmission planning process and found to be unneeded or uneconomical. (vi) Financial considerations as determined by the bank. (vii) Consistency with state policy as determined by the consulting agencies. (C) The bank shall not finance a project unless the entity completing the transmission project has entered into a project labor agreement that, at a minimum, meets the requirements of Section 2500 of the Public Contract Code and includes all of the following: (i) Provisions requiring payment of prevailing wages, in accordance with Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code, to all construction workers employed in the construction of the project and for enforcement of that obligation through an arbitration procedure. (ii) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a relevant local agency. (iii) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code. (iv) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code. (D) Consultation on a potential transmission project does not constitute approval of that project by the Public Utilities Commission or the State Energy Resources Conservation and Development Commission under their decisionmaking authority, if that authority exists. (E) Consultation on, or evaluation of, a transmission project by the bank does not indicate the bank’s approval. The bank shall consider the credit and financial aspects of the project before determining whether to approve and finance the project. (4) This paragraph shall be known as the “State Energy Financing Institution” climate catalyst category. The State Energy Resources Conservation and Development Commission or the Public Utilities Commission shall be the consulting agency for the climate catalyst financing plan for this category. This category includes climate catalyst projects to leverage federal financing funds that relate to projects that avoid, reduce, use, or sequester air pollutants or anthropogenic emissions of greenhouse gases as defined in Section 16513 of Title 42 of the United States Code, as amended. (5) (A) This paragraph shall be known as the “Federal Greenhouse Gas Reduction Fund” climate catalyst category. The Governor’s Office of Business and Economic Development, Treasurer’s Office, California Environmental Protection Agency, Public Utilities Commission, Natural Resources Agency, and other relevant agencies, as determined by these agencies, shall be the consulting agencies for the climate catalyst financing plan for this category. This category includes climate catalyst projects to leverage federal funding available under the United States Environmental Protection Agency’s Greenhouse Gas Reduction Fund (Section 7434 of Title 42 of the United States Code) and related implementing statutes and regulations. (B) Eligible climate catalyst project subcategories shall comply with the climate and equity goals in the state’s climate change scoping plan developed pursuant to Section 38561 of the Health and Safety Code. (6) The State Energy Resources Conservation and Development Commission and the State Air Resources Board for climate catalyst projects that enable the decarbonization of industrial facilities’ use of heat and power, including, but not limited to, industrial heat pump and thermal energy storage projects. If multiple projects seek funding, the consulting agencies shall prioritize based on state policy and on financial considerations as determined by the bank. For applications received after January 1, 2027, eligible climate catalyst project categories in this paragraph shall comply with the conditions set forth in this paragraph, and include, but not be limited to, all of the following: (A) The bank shall prioritize, to the greatest extent applicable, industrial decarbonization projects that meet both of the following requirements: (i) Achieve direct or indirect emissions reductions at a specific industrial facility. (ii) Reduce criteria pollutants and further progress toward attainment of local, state, or federal air quality standards. (B) The bank shall not finance an industrial decarbonization project unless the entity completing the project has entered into a project labor agreement that, at a minimum, meets the requirements of Section 2500 of the Public Contract Code and includes all of the following: (i) Provisions requiring payment of prevailing wages, in accordance with Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code, to all construction workers employed in the construction of the project and for enforcement of that obligation through an arbitration procedure. (ii) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a relevant local agency. (iii) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code. (iv) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code. (C) The bank shall not finance an industrial decarbonization project unless the entity completing the project includes a community benefit fund or community benefits agreement with the surrounding community and other affected stakeholders. (D) Consultation on an industrial decarbonization project does not constitute approval of that project by the State Energy Resources Conservation and Development Commission or the State Air Resources Board under their decisionmaking authority, if that authority exists. (E) Consultation on, or evaluation of, an industrial decarbonization project by the bank does not indicate the bank’s approval. The bank shall consider the credit and financial aspects of the project before determining whether to approve and finance the project. (F) Implementation of this paragraph is contingent upon an appropriation of funds by the Legislature for the purpose of this paragraph. (g) (1) The bank may engage in outreach activities to inform disadvantaged participating parties and disadvantaged sponsors of the categories of financial assistance potentially available within the Climate Catalyst Revolving Fund Program. The outreach efforts may include, but are not limited to, all of the following: (A) Conferring with the consulting agencies. (B) Conferring with the Governor’s Office of Business and Economic Development. (C) Direct contact with existing bank clients and customers that operate within the boundaries of a disadvantaged community. (D) Consulting with governmental entities, individuals, and business entities engaged in providing, or assisting the obtaining of, financial assistance for disadvantaged sponsors or participating parties, including, but not limited to, business and industrial development corporations and minority enterprise small business investment companies. The executive director, on behalf of the bank, may enter into service contracts for this purpose. Section 10295 and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code do not apply to those service contracts. (2) The criteria, priorities, and guidelines adopted for the Climate Catalyst Revolving Fund Program may include potential options for applying interest rate or fee subsidies for disadvantaged participating parties or disadvantaged sponsors seeking financial assistance from the bank under the Climate Catalyst Revolving Fund Program. The bank may offer reduced application fees to disadvantaged sponsors or participating parties seeking financial assistance under the Climate Catalyst Revolving Fund Program. (3) The bank may offer technical assistance to disadvantaged sponsors or participating parties potentially seeking financial assistance under the Climate Catalyst Revolving Fund Program. The executive director, on behalf of the bank, may enter into service contracts to provide, or assist with the provision of, the technical assistance. Section 10295 and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code do not apply to those service contracts. (h) All financial assistance under the Climate Catalyst Revolving Fund Program approved by the bank board shall be consistent with the climate catalyst financing plan then in effect. (i) (1) The bank shall prepare, and the bank board shall approve by majority vote of the board, criteria, priorities, and guidelines for the provision of financial assistance under the Climate Catalyst Revolving Fund Program. The bank board’s approval of any financial assistance for a climate catalyst project shall take into consideration those criteria, priorities, and guidelines together with the relevant climate catalyst financing plan currently in effect. The criteria, priorities, and guidelines shall include, as factors for determining whether to approve the provision of financial assistance, the ability of the sponsor or participating party potentially receiving financial assistance to satisfy any obligation incurred and the return of capital to the Climate Catalyst Revolving Fund. (2) The bank board may consider additional factors when determining whether to approve financial assistance for a climate catalyst project, taking into consideration the relevant climate catalyst financing plan. (3) The bank shall consider applications for financial assistance as they are received, on an ongoing basis, if there are available moneys remaining within the Climate Catalyst Revolving Fund to provide that financial assistance. The bank board’s determination of whether to approve applications for financial assistance shall be based on the relevant climate catalyst financing plan and the criteria, priorities, and guidelines in effect at the time the bank received the application. (4) A participating party or sponsor shall comply with the terms and conditions that control the use of the funds provided, if any. (j) The bank shall provide financial assistance only for climate catalyst projects that the bank board approved before December 31, 2031. (k) The bank is hereby authorized and empowered to enter into an agreement with the consulting agencies, or any other state agency as approved by the bank’s board, to operate a program to provide financial assistance to any eligible sponsor or participating party either directly or to a lending or financial institution, in connection with the financing or refinancing of an eligible project, in accordance with such agreement or agreements. Information shared among consulting agencies and the bank, or between any consulting agency and the bank, does not constitute the waiver of any Public Records Act exemption applicable to each entity. (Amended by Stats. 2025, Ch. 395, Sec. 1. (AB 1280) Effective January 1, 2026.)
  176. 63048.94.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    The bank must prepare and submit an annual Climate Catalyst Revolving Fund report, post it online, and present it to the bank board.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.94. (a) Annually, commencing January 1, 2023, and no later than January 1 of each year thereafter, the bank shall prepare and submit, as specified in subdivision (b), a report containing Climate Catalyst Revolving Fund Program activity for the preceding fiscal year ending June 30, and including all of the following: (1) Information on individual Climate Catalyst Revolving Fund Program financing, specifically all of the following: (A) Climate catalyst project category. (B) Climate catalyst project description. (C) Total climate catalyst project cost. (D) Financial assistance amount. (E) Outstanding financial assistance amount due. (F) Aggregate amount of third-party financing. (G) The county and city of the funded climate catalyst project. (H) A description of the expected contribution of the climate catalyst project to the state’s climate policy objectives, including both greenhouse gas reduction and climate resilience benefits. (I) Type and quality of any jobs created as a result of the financial assistance. (J) Total amount of federal moneys applied to the climate catalyst project. (2) Total number and type of financial assistance issued to small businesses. (3) Total number and type of applications received. (4) Recommendations on needed Climate Catalyst Revolving Fund Program changes or improvements to meet the objectives of this article. The bank shall meet and confer with the state agencies identified in subdivision (f) of Section 63048.93, and any additional agencies added pursuant to subdivision (g) of Section 63048.93, prior to the annual submission of the report required herein in an effort to develop those recommendations. (b) The report required pursuant to subdivision (a) shall be part of the report required by Section 63035. (c) (1) The report shall be posted on the bank’s internet website. (2) The report shall be presented to the bank board at its final public meeting of the calendar year in which the report was prepared. If the bank board holds no public meetings following the submission of the report, the report shall be presented to the bank board at its next available public meeting. (Amended by Stats. 2025, Ch. 20, Sec. 32. (AB 137) Effective June 30, 2025.)
  177. 63048.95.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    This section creates the Climate Catalyst Revolving Fund and limits how its money may be used, while requiring the bank to notify the Joint Legislative Budget Committee within 10 days after nonstate money is deposited.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.95. (a) (1) There is hereby created in the State Treasury the Climate Catalyst Revolving Fund for the purpose of implementing the objectives and provisions of this article. The Climate Catalyst Revolving Fund shall be separate from any other fund or account created under this division. (2) Obligations of the bank incurred in connection with the activities authorized under this article shall be payable solely from moneys within the Climate Catalyst Revolving Fund. No other fund or account of the bank shall be available or shall be used for the payment of obligations incurred in connection with this article. (3) Within the Climate Catalyst Revolving Fund, the bank may establish any additional accounts and subaccounts to properly organize moneys within the fund. (b) (1) (A) Notwithstanding Section 13340, moneys, except as provided in subparagraphs (B) and (C), in the Climate Catalyst Revolving Fund are continuously appropriated, without regard to fiscal year, for the support of the bank and shall be available for expenditure for the purposes as stated in this article. (B) Moneys in the Climate Catalyst Revolving Fund received pursuant to a federal appropriation are available for expenditure only upon appropriation by the Legislature. (C) Moneys in the Climate Catalyst Revolving Fund shall be available for expenditure to support administrative costs only upon appropriation by the Legislature. (2) This subdivision shall not limit the authority of the bank to expend funds directly related to the servicing of approved debt, payments on credit enhancements or guarantees, acquisition of securities of any sponsor or participating party in connection with a climate catalyst project, or any other purpose in connection with providing financial assistance to a sponsor or participating party in connection with a climate catalyst project as set forth in this article. (c) Not more than 5 percent of any bond proceeds administered by the bank in connection with the activities of the bank authorized under this article may be expended to cover the costs of issuance, as that terminology is defined under Section 147(g) of the Internal Revenue Code (26 U.S.C. Sec. 147(g)). (d) (1) (A) Notwithstanding any other provision of this division, the Climate Catalyst Revolving Fund may receive moneys from the federal government and funds sourced from federal appropriations. (B) Use of the moneys and funds described in subparagraph (A) shall be consistent with all of the following: (i) The money and funds shall be expended for a purpose that is consistent with state law. (ii) Acceptance of the moneys and funds does not impose on the state any requirement to commit or expend new state funds for any program or purpose. (iii) The use of the moneys and funds shall be consistent with the priorities described in subdivision (a) of Section 38590.1 of the Health and Safety Code. (2) Within 10 days of any nonstate moneys and funds being deposited into the Climate Catalyst Revolving Fund, the bank shall provide written notice to the Joint Legislative Budget Committee, who shall provide a copy of the notice to the relevant policy committees. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank. (Amended by Stats. 2025, Ch. 20, Sec. 33. (AB 137) Effective June 30, 2025.)
  178. 63048.96.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    The bank may use and pledge money in the Climate Catalyst Revolving Fund for bond-related purposes, and it must keep fund money in trust and deposit certain receipts back into the fund.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.96. (a) (1) The bank may pledge any or all of the moneys in the Climate Catalyst Revolving Fund as security for payment of the principal of, and interest on, any particular issuance of bonds issued for the purposes of this article. The bank may use any or all of the moneys in the Climate Catalyst Revolving Fund to retain or purchase for retention or sale, subordinated bonds issued by the bank, by a special purpose trust, or by a sponsor, all in connection with the purposes of this article. For these purposes, the bank may divide the fund into separate accounts, as set forth in Section 63048.95, or may divide the accounts created under this article into separate subaccounts. (2) All moneys accruing from the Climate Catalyst Revolving Fund and its accounts and subaccounts, the proceeds of financial assistance provided to a sponsor or participating party, the investment of any moneys within the Climate Catalyst Revolving Fund, or any other moneys generated in connection with the activities authorized under this article, shall be deposited into the fund. (b) Subject to liens, covenants against encumbrances, negative covenants, priorities, and other exclusions or reservations that may be created by the pledge of particular moneys in the Climate Catalyst Revolving Fund to secure any issuance of revenue bonds of the bank, a special purpose trust, or a sponsor, in each instance in connection with the purposes of this article, and subject further to reasonable costs that may be incurred by the bank in administering the Climate Catalyst Revolving Fund Program, all moneys in the Climate Catalyst Revolving Fund derived from any source, shall be held in trust for the security and payment of revenue bonds of the bank, a special purpose trust, or a sponsor, in each instance in connection with the purposes of this article, and shall not be used or pledged for any other purpose so long as the revenue bonds are outstanding and unpaid. (c) Pursuant to any agreements with the holders of revenue bonds issued for the purposes of this article pledging any particular assets, revenues, or moneys of the Climate Catalyst Revolving Fund, the bank may create separate accounts or subaccounts in the Climate Catalyst Revolving Fund to manage these assets, revenues, or moneys in the manner set forth in the agreements. (d) (1) The bank may direct the Treasurer to invest moneys in the Climate Catalyst Revolving Fund that are not required for its current needs, including proceeds from the sale of any bonds, in any eligible securities specified in Section 16430 as the bank shall designate. (2) The bank may direct the Treasurer to deposit moneys into interest-bearing accounts in any bank in this state or in any savings and loan association in this state. The bank may alternatively require the transfer of moneys in the Climate Catalyst Revolving Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2. (3) Notwithstanding Section 16305.7, all interest or other increment resulting from the investment or deposit of moneys from the Climate Catalyst Revolving Fund shall be deposited into the Climate Catalyst Revolving Fund. Moneys in the Climate Catalyst Revolving Fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2, except to the Surplus Money Investment Fund. (4) Notwithstanding any contrary provision in this article, moneys in the Climate Catalyst Revolving Fund may be deposited into accounts held by a trustee bank, or other financial institution, in connection with the issuance of any revenue bonds for the purposes of this article. (e) Subject to any agreement with holders of particular bonds, in furtherance of Section 51373 of the Health and Safety Code, and to the extent permitted by law, the bank may also invest moneys of the Climate Catalyst Revolving Fund, including, but not limited to, proceeds of any of its bonds or refunding bonds, in obligations of financial institutions as are permitted by board resolution. The bank may alternatively require the transfer of moneys in the Climate Catalyst Revolving Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2. (f) Subject to any agreement with the holders of particular bonds, all interest or other increment resulting from the investment or deposit shall be deposited into the Climate Catalyst Revolving Fund, notwithstanding Section 16305.7. Moneys in the Climate Catalyst Revolving Fund shall not be subject to transfer to any other fund pursuant to Part 2 (commencing with Section 16300) of Division 4 of Title 2, excepting the Surplus Money Investment Fund. (g) The Climate Catalyst Revolving Fund shall be organized as a public enterprise fund. (h) The bank shall cause all moneys in the Climate Catalyst Revolving Fund that are in excess of current requirements to be invested and reinvested, from time to time. (Amended by Stats. 2025, Ch. 20, Sec. 34. (AB 137) Effective June 30, 2025.)
  179. 63048.97.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    The bank may, at its discretion, administer and distribute bond proceeds among the accounts and subaccounts created under this article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.97. (a) The bank may administer and distribute among the accounts and subaccounts created under this article, at its discretion, the proceeds from any general obligation bonds issued in accordance with the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2). (b) The assets of the Climate Catalyst Revolving Fund shall be available for the payment of the salaries and other expenses incurred by the bank in connection with the administration of this article, all in accordance with this article. (Amended by Stats. 2025, Ch. 20, Sec. 35. (AB 137) Effective June 30, 2025.)
  180. 63048.98.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    Costs, liabilities, obligations, and expenses for this article must be paid only from funds provided for this article, and the state or bank cannot be made liable beyond those funds.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.98. All costs, liabilities, obligations, and expenses incurred in carrying out the purposes of this article shall be payable solely from funds provided for the purposes of this article, and no liability, cost, expense, or obligation shall be imposed upon the state or the bank beyond the extent to which money shall have been provided solely for the purposes of the bank’s activities authorized under this article. (Added by Stats. 2020, Ch. 10, Sec. 2. (AB 78) Effective June 29, 2020.)
  181. 63048.99.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. )

    Verify source ↗

    Money in the Climate Catalyst Revolving Fund from bond proceeds generally cannot be moved to other funds, except when needed to pay program operating expenses. The bank may also borrow or receive money from specified sources for deposit into the fund, if allowed by the division and authorized by a board resolution.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 6.7. Climate Catalyst Revolving Fund Act of 2020 [63048.91 - 63048.100] ( Heading of Article 6.7 amended by Stats. 2025, Ch. 20, Sec. 28. ) ## 63048.99. (a) Moneys in the Climate Catalyst Revolving Fund received from the proceeds of bonds issued pursuant to this division may not be transferred to any other fund except as necessary to pay the expenses of operating the Climate Catalyst Revolving Fund Program. (b) The bank, for deposit into the Climate Catalyst Revolving Fund for use as set forth in this article, may borrow or receive moneys from other funds within the bank, as permitted by this division, or from any federal, state, or local agency, or any private entity, for the purposes of this article and as authorized by resolution of the board. (Amended by Stats. 2025, Ch. 20, Sec. 36. (AB 137) Effective June 30, 2025.)
  182. 63049.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    This section defines several terms used in the tobacco settlement securitization article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049. The definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise: (a) “California escrow agreement” means the escrow agreement dated April 12, 2000, as amended, between the Attorney General, on behalf of the state, and the California escrow agent named in the agreement relating to the division between the state and the participating jurisdictions of amounts payable under the Master Settlement Agreement. (b) “Consent decree and final judgment” means, collectively, the Consent Decree and Final Judgment entered in the Superior Court of the State of California for San Diego County on December 9, 1998, approving the Master Settlement Agreement, the memorandum of understanding, and the orders entered by the court on January 18, 2000, and July 30, 2001, approving the Agreement Regarding Interpretation of Memorandum of Understanding. (c) “Master Settlement Agreement” means the settlement dated November 23, 1998, as amended, among the attorneys general of 46 states (including California), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands, and Philip Morris Incorporated, R. J. Reynolds Tobacco Company, Brown and Williamson Tobacco Corporation, Lorillard Tobacco Company, and the other Subsequent Participating Manufacturers as defined therein. (d) “Memorandum of understanding” means, collectively, the memorandum of understanding dated August 5, 1998, as amended, together with the Agreement Regarding Interpretation of Memorandum of Understanding, as amended, among the state and various local governments of the state to coordinate their pending cases and to allocate certain portions of the recovery under the Master Settlement Agreement. (e) “Operating expenses” means the reasonable operating expenses of the special purpose trust, including, without limitation, the costs of preparation of accounting and other reports, maintenance of the ratings on the bonds, insurance premiums, or other required activities of the special purpose trust, and fees and expenses incurred for professional consultants and fiduciaries. (f) “Tobacco assets” means all moneys required to be paid to the state under the Master Settlement Agreement, as further provided in the memorandum of understanding and the California escrow agreement, and all of the state’s rights to receive those payments. (Amended by Stats. 2009, Ch. 28, Sec. 1. Effective August 6, 2009.)
  183. 63049.1.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    The bank may sell tobacco assets for the state and create or work with a special purpose trust to handle the transaction and bond financing.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.1. (a) Subject to subdivision (c) and subdivision (d), as applicable, the bank is hereby authorized to sell for, and on behalf of, the state, solely as its agent, all or any portion of the tobacco assets, or any residual interests therein, to a special purpose trust which is hereby established as a not-for-profit corporation solely for that purpose and for the purposes necessarily incidental thereto, and to enter into one or more sales agreements with the special purpose trust as and on the terms it deems appropriate, which may include covenants of, and binding on, the state necessary to establish and maintain the security of the bonds and exemption of interest on the bonds from federal income taxation. The principal office of the special purpose trust shall be located in Sacramento County. The articles of incorporation of the special purpose trust shall be prepared and filed, on behalf of the state, with the Secretary of State by the bank, and the five voting members of the State Public Works Board shall serve ex officio as the directors of the special purpose trust. Directors of the special purpose trust shall not be subject to personal liability for carrying out the powers and duties conferred by this article. The special purpose trust shall be treated as a separate legal entity with its separate corporate purpose as described in this article, and the assets, liabilities, and funds of the special purpose trust shall be neither consolidated nor commingled with those of the bank or the State Public Works Board. The special purpose trust is hereby authorized to issue bonds, including, but not limited to, refunding bonds, on the terms it shall determine, and do all things contemplated by, and authorized by, this division with respect to the bank, and enjoy all rights, privileges, and immunities the bank enjoys pursuant to this division, or as authorized by Section 5140 of the Corporations Code with respect to public benefit nonprofit corporations, or as necessary or appropriate in connection with the issuance of bonds, and may enter into agreements with any public or private entity and pledge the tobacco assets, or any residual interests therein, that it purchased as collateral and security for its bonds. The pledge of any of these assets and interests and of any revenues, reserves, and earnings pledged in connection therewith shall be valid and binding in accordance with its terms and have priority in accordance with its terms from the time the pledge is made and property so pledged shall immediately be subject to the lien of the pledge without the need for physical delivery, recordation, filing, or other further act. The pledge shall not be subject to Division 9 (commencing with Section 9101) of the Commercial Code or Sections 954.5 and 955.1 of the Civil Code. The special purpose trust, and its assets and income, and bonds issued by the special purpose trust, and their transfer and the income therefrom, shall be exempt from all taxation by the state and by its political subdivisions. (b) (1) In order to assist the special purpose trust in financing or refinancing the purchase of tobacco assets, or any residual interests therein, by enhancing the security of the bonds issued for that purpose, upon request by the Director of Finance, the bank may include in, or add to, the sales agreement with the special purpose trust a covenant, binding on the state, to the effect that the Governor shall each year request from the Legislature an appropriation line item in the annual Budget Act, in a manner described further in this subdivision, from the General Fund for allocation by the Department of Finance to the special purpose trust in an amount equal to the debt service and operating expenses scheduled, or, in the case of bonds bearing variable rates of interest, estimated, to become due during the next succeeding fiscal year on the bonds, including refunding bonds, issued by the special purpose trust to finance or refinance the purchase of tobacco assets, or any residual interests therein, pursuant to that sales agreement. (2) The appropriation referred to in paragraph (1) may provide that it will have an initial zero funding amount, but shall contain provisions authorizing the Director of Finance to make allocations in augmentation of the appropriation, without further legislative approval, from the General Fund, up to the amount certified by the special purpose trust to be necessary to cover the difference, if negative, between the amount of tobacco assets received by the special purpose trust pursuant to the sales agreement by the end of April of any calendar year, plus any other amounts available in the debt service reserve fund or other fund held by the trustee for the bonds, less the amount of debt service on the bonds and operating expenses scheduled, or in the case of bonds bearing variable rates of interest, estimated, to become due during the next succeeding 12 months. (3) Any amounts appropriated as provided in this subdivision shall be disbursed to the trustee for the bonds for the purpose of paying the debt service on the bonds and operating expenses specified in the certificate of the special purpose trust. Notwithstanding any other provision of this article, the Legislature shall not be obligated by this subdivision or any covenant made in a sales agreement, or any other provision of law, to appropriate or otherwise make funds available to pay debt service on the bonds or operating expenses. (c) Based upon the terms of the sale agreements and bonds as established by the special purpose trust pursuant to subdivision (a) or (b), tobacco assets, or any residual interests therein, may be sold pursuant to this article, whether at one time or from time-to-time. The net proceeds of sale of any tobacco assets by the bank shall be deposited in the General Fund, except that the proceeds from the sale of any residual interests therein shall be deposited in the Tobacco Asset Sales Revenue Fund established pursuant to Section 63049.55. The use and application of the proceeds of any sale of tobacco assets, or any residual interests therein, or bonds shall not in any way affect the legality or validity of that sale or those bonds. (d) On or after January 1, 2007, no bonds issued by the special purpose trust to finance or refinance the purchase of any tobacco assets, or any residual interests therein, shall include any enhancement of security pursuant to subdivision (b), other than refunding bonds for the purpose of refinancing or refunding existing enhanced bonds previously issued. (Amended by Stats. 2006, Ch. 641, Sec. 1. Effective January 1, 2007.)
  184. 63049.2.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    Certain articles do not apply to bonds issued by the special purpose trust created by this article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.2. Notwithstanding any other provision of this division, Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), and Article 5 (commencing with Section 63043) do not apply to any bonds issued by the special purpose trust established by this article. All matters authorized in this article are in addition to powers granted to the bank in this division. (Added by Stats. 2002, Ch. 414, Sec. 2. Effective January 1, 2003.)
  185. 63049.3.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    A sale of tobacco assets under this article must be treated as a true sale and absolute transfer to the special purpose trust, not as a pledge or security interest.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.3. Any sale of some or all of the tobacco assets under this article shall be treated as a true sale and absolute transfer of the property so transferred to the special purpose trust and not as a pledge or grant of a security interest by the state, the bank board, the State Public Works Board, or the bank for any borrowing. The characterization of the sale of any of those assets as an absolute transfer by the participants shall not be negated or adversely affected by the fact that only a portion of the tobacco assets is transferred, nor by the state’s acquisition of an ownership interest in any residual interest or a subordinate interest in the tobacco assets, nor by any characterization of the special purpose trust or its bonds for purposes of accounting, taxation, or securities regulation, nor by any other factor whatsoever. (Added by Stats. 2002, Ch. 414, Sec. 2. Effective January 1, 2003.)
  186. 63049.4.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    After a tobacco asset sale, the state loses any interest in the sold assets and must notify and instruct the escrow agent to pay them to the special purpose trust; the state also must not take actions that impair bondholders’ rights, while the Attorney General may enforce the settlement agreement and negotiate limited amendments.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.4. (a) On and after the effective date of each sale of tobacco assets, the state shall have no right, title, or interest in or to the tobacco assets sold, and the tobacco assets so sold shall be property of the special purpose trust and not of the state, the bank board, the State Public Works Board, or the bank, and shall be owned, received, held, and disbursed by the special purpose trust or the trustee for the financing. None of the tobacco assets sold by the state pursuant to this article shall be subject to garnishment, levy, execution, attachment, or other process, writ, including, but not limited to, a writ of mandate, or remedy in connection with the assertion or enforcement of any debt, claim, settlement, or judgment against the state, the bank board, the State Public Works Board, or the bank. On or before the effective date of any sale, the state, acting through its Attorney General, upon direction of the bank, shall notify the California escrow agent under the Master Settlement Agreement and the California escrow agreement that the sold tobacco assets have been sold to the special purpose trust and irrevocably instruct the California escrow agent that, as of the applicable effective date, the tobacco assets sold are to be paid directly to the trustee for the applicable bonds of the special purpose trust. The state pledges to and agrees with the holders of any bonds issued by the special purpose trust that it will not amend the Master Settlement Agreement, the memorandum of understanding, or the California escrow agreement, or take any other action, in any way that would materially adversely alter, limit, or impair the rights to receive tobacco assets sold to the special purpose trust pursuant to this article, nor in any way materially impair the rights and remedies of bondholders or the security for their bonds until those bonds, together with the interest thereon and costs and expenses in connection with any action or proceeding on behalf of the bondholders, are fully paid and discharged. The state further pledges and agrees that it shall enforce its rights to collect all moneys due from the participating tobacco products manufacturers under the Master Settlement Agreement and, in addition, shall diligently enforce the model statute as contemplated in the Master Settlement Agreement (Article 3 (commencing with Section 104555) of Chapter 1 of Part 3 of Division 103 of the Health and Safety Code) against all tobacco product manufacturers selling tobacco products in the state and that are not signatories to the Master Settlement Agreement, in each case in the manner and to the extent necessary in the judgment of the Attorney General to collect all moneys to which the state is entitled under the Master Settlement Agreement. The special purpose trust may include these pledges and undertakings in its bonds. Notwithstanding these pledges and undertaking by the state, the Attorney General may in his or her discretion enforce any and all provisions of the Master Settlement Agreement, without limitation. (b) Bonds issued pursuant to this article shall not be deemed to constitute a debt of the state or a pledge of the faith or credit of the state, and all bonds shall contain on the face thereof a statement to the effect that neither the faith and credit nor the taxing power nor any other assets or revenues of the state or of any political subdivision thereof, other than the special purpose trust, is or shall be pledged to the payment of the principal of or the interest on the bonds. (c) Whether or not the bonds are of a form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds are hereby made negotiable instruments for all purposes, subject only to the provisions of the bonds for registration. (d) The special purpose trust and the bank shall be treated as public agencies for purposes of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, and any action or proceeding challenging the validity of any matter authorized by this article shall be brought in accordance with, and within the time specified in, that chapter. (e) Notwithstanding any other provision of law, the exclusive means to obtain review of a superior court judgment entered in an action brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any bonds to be issued, or any other contracts to be entered into, or any other matters authorized by this article, shall be by petition to the Supreme Court for writ of review. Any petition shall be filed within 15 days following the notice of entry of the superior court judgment, and no extension of that period may be allowed. If no petition is filed within the time allowed therefor, or the petition is denied, with or without opinion, the decision of the superior court shall be final and enforceable as provided in subdivision (a) of Section 870 of the Code of Civil Procedure. In any case in which a petition has been filed within the time allowed therefor, the Supreme Court shall make any orders, as it may deem proper in the circumstances. If no answering party appeared in the superior court action, the only issues that may be raised in the petition are those related to the jurisdiction of the superior court. (f) The Attorney General may negotiate amendments to the Master Settlement Agreement, the memorandum of understanding, and the California escrow agreement, provided that those amendments do not materially adversely alter, limit, or impair the rights to receive tobacco assets sold to the special purpose trust pursuant to this article, nor in any way materially impair the rights and remedies of bondholders or the security for their bond until those bonds, together with the interest on the bonds and costs and expenses in connection with any action or proceeding on behalf of the bondholders, are fully paid and discharged. (Amended by Stats. 2009, Ch. 28, Sec. 2. Effective August 6, 2009.)
  187. 63049.5.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    The state must not materially reduce the participating jurisdictions’ rights under the memorandum of understanding when selling tobacco assets, and those jurisdictions keep the right to sell or assign their interests and payment rights.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.5. The state acknowledges and agrees that its 57 counties, the Cities of San Jose, Los Angeles, and San Diego, and the City and County of San Francisco, commonly and collectively known as the “participating jurisdictions,” have rights and interests in the memorandum of understanding. In recognition of the rights of the participating jurisdictions of the state contained in the memorandum of understanding, the state pledges that the sale of tobacco assets authorized by this article shall in no way include and the state shall not otherwise materially adversely alter, limit, or impair the rights of the participating jurisdictions, including, but not limited to, rights to receive payments, set forth in the memorandum of understanding. Nothing in this article shall be construed to alter the right of each of the participating jurisdictions to sell or assign some or all of its interest, and rights to receive payments, under the memorandum of understanding in the manner deemed appropriate by its governing body. (Amended by Stats. 2009, Ch. 28, Sec. 3. Effective August 6, 2009.)
  188. 63049.55.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. )

    Verify source ↗

    The Tobacco Asset Sales Revenue Fund is established in the State Treasury, and its money can be transferred or borrowed under specified conditions.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 7. Tobacco Settlement State Securitization [63049 - 63049.55] ( Article 7 added by Stats. 2002, Ch. 414, Sec. 2. ) ## 63049.55. (a) The Tobacco Asset Sales Revenue Fund is hereby established in the State Treasury for the purpose of maintaining a separate account for the investment of proceeds received from the sale of any residual interests in tobacco assets and for the investment earnings on those proceeds. (b) Pursuant to Article 4 (commencing with Section 16740) of Chapter 3 of Part 2 of Division 4 of Title 2, moneys in the fund may be transferred to the Surplus Money Investment Fund for investment, as long as that transfer does not jeopardize the tax-exempt status of the bonds. (c) Upon direction by the Director of Finance, moneys in the fund shall be transferred to the General Fund. (d) Pursuant to Section 16310, moneys in the fund may be borrowed for daily cashflow use by the General Fund. (Added by Stats. 2006, Ch. 641, Sec. 2. Effective January 1, 2007.)
  189. 63049.6.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. )

    Verify source ↗

    This section defines three terms for the article: Association, Department, and Fund.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. ) ## 63049.6. For purposes of this article, the following terms have the following meanings, in addition to the definitions contained in Section 63010, unless the context clearly indicates or requires another meaning: (a) “Association” means the California Insurance Guaranty Association created pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (b) “Department” means the Department of Insurance. (c) “Fund” means the Insurance Assessment Bond Fund created by Section 1063.72 of the Insurance Code. (Added by Stats. 2003, Ch. 635, Sec. 2. Effective January 1, 2004.)
  190. 63049.62.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. )

    Verify source ↗

    The bank may finance insolvent insurers’ claim costs when requested by the association, but related articles 3 through 7 do not apply, and the bank has no authority over matters requiring Insurance Commissioner approval under Article 14.2.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. ) ## 63049.62. Notwithstanding any other provision of this division, a financing of the costs of claims of insolvent insurers upon the request of the association pursuant to Section 1063.73 of the Insurance Code shall be deemed to be in the public interest and eligible for financing by the bank, and Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), Article 5 (commencing with Section 63043), Article 6 (commencing with Section 63048), and Article 7 (commencing with Section 63049) shall not apply to the financing provided by the bank to, or at the request of, the association or the department in connection with the fund. Notwithstanding any other provision of this division, the bank shall have no authority over any matter that is subject to the approval of the Insurance Commissioner under Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (Amended by Stats. 2010, Ch. 328, Sec. 94. (SB 1330) Effective January 1, 2011.)
  191. 63049.64.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. )

    Verify source ↗

    The bank may issue bonds, loan or use the proceeds for specified insurance-claim financing purposes, and must state on the bonds that they are not state debt.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. ) ## 63049.64. (a) The bank may issue bonds pursuant to Chapter 5 (commencing with Section 63070) and may loan the proceeds thereof to the association, and deposit the proceeds into a separate account in the fund, or use the proceeds to refund bonds previously issued under this article. Bond proceeds may also be used to fund necessary reserves, capitalized interest, credit enhancement costs, or costs of issuance. (b) Bonds issued under this article shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the bank, or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the fund and other revenues and assets securing the bonds. All bonds issued under this article shall contain on the face of the bonds a statement to that effect. (c) For purposes of this article, the term “project,” as defined in subdivision (p) of Section 63010, shall include financing of the costs of claims of insolvent insurers admitted to transact insurance in at least one of the categories described in paragraph (2) of subdivision (a) of Section 1063.5 of the Insurance Code, in an amount (together with associated costs of financing) that may be determined by the association in making a request for financing to the bank. (Amended by Stats. 2022, Ch. 408, Sec. 1. (AB 2154) Effective January 1, 2023.)
  192. 63049.66.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. )

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    The fund and related bond-funded accounts may be invested only in investments authorized by Section 63062, and they must be kept outside the centralized treasury system. The bank must choose a trustee that is a corporation or banking association with corporate trust powers.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 8. Financing of Insurance Claims [63049.6 - 63049.66] ( Article 8 added by Stats. 2003, Ch. 635, Sec. 2. ) ## 63049.66. The fund, and any other fund or account established pursuant to the issuance of bonds authorized by this article may be invested in any investment authorized pursuant to Section 63062, and any such fund or account shall be established outside of the centralized treasury system. The bank shall select as trustee for the bonds a corporation or banking association authorized to exercise corporate trust powers. (Added by Stats. 2003, Ch. 635, Sec. 2. Effective January 1, 2004.)
  193. 63049.67.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 9. Financing of School District Emergency Apportionments [63049.67 - 63049.68] ( Article 9 added by Stats. 2004, Ch. 263, Sec. 9. )

    Verify source ↗

    The bank may finance school district emergency apportionments by issuing bonds, and several repayment, bond-form, and restructuring rules apply while those bonds are outstanding.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 9. Financing of School District Emergency Apportionments [63049.67 - 63049.68] ( Article 9 added by Stats. 2004, Ch. 263, Sec. 9. ) ## 63049.67. (a) Notwithstanding any other provision of this division, a financing of emergency apportionments upon the request of a school district pursuant to Article 2.7 (commencing with Section 41329.50) of Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, is deemed to be in the public interest and eligible for financing by the bank. Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), and Article 5 (commencing with Section 63043) do not apply to the financing provided by the bank in connection with an emergency apportionment. (b) The bank may issue bonds pursuant to Chapter 5 (commencing with Section 63070) and provide the proceeds to a school district pursuant to a lease agreement. The proceeds may be used as an emergency apportionment, to reimburse the interim emergency apportionment from the General Fund authorized pursuant to subdivision (b) of Section 41329.52 of the Education Code, or to refund bonds previously issued under this section. Bond proceeds may also be used to fund necessary reserves, capitalized interest, credit enhancement costs, and costs of issuance. (c) Bonds issued under this article are not deemed to constitute a debt or liability of the state or of any political subdivision of the state, other than a limited obligation of the bank, or a pledge of the faith and credit of the state or of any political subdivision. All bonds issued under this article shall contain on the face of the bonds a statement to the same effect. (d) Any fund or account established in connection with the bonds shall be established outside of the centralized treasury system. Notwithstanding any other law, the bank shall select the financing team and the trustee for the bonds, and the trustee shall be a corporation or banking association authorized to exercise corporate trust powers. (e) Pursuant to Section 41329.55 of the Education Code, a school district other than the Compton Community College District shall instruct the Controller to repay the lease from moneys in the State School Fund and the Education Protection Account designated for apportionment to the school district. Pursuant to Section 41329.55 of the Education Code, if the school district is the Compton Community College District, the Controller shall be instructed to repay the lease from moneys in Section B of the State School Fund. Any amounts necessary to make this repayment shall be drawn from the total statewide funding available for community college apportionment consisting of funds in Section B of the State School Fund. Thereafter the Controller shall transfer to Section B of the State School Fund, either in a single or multiple transfers, an amount equal to the total repayment, which amount shall be transferred from the amount designated for apportionment to the Compton Community College District from the State School Fund. If these transfers from the district prove inadequate to repay any repayments for any reason, the Compton Community College District is required to use any revenue sources available to it for transfer and repayment purposes. (f) Notwithstanding any other law, as long as any bonds issued pursuant to this section are outstanding, the following requirements apply: (1) The school district for which the bonds were issued is not eligible to be a debtor in a case under Chapter 9 of the United States Bankruptcy Code, as it may be amended from time to time, and no governmental officer or organization is or may be empowered to authorize the school district to be a debtor under that chapter. (2) It is the intent of the Legislature that the Legislature should not in the future abolish the Compton Community College District or take any action that would prevent the Compton Community College from entering into or performing binding agreements or invalidate any prior binding agreements of the Compton Community College District, where invalidation may have a material adverse effect on the bonds issued pursuant to this section. (3) The Compton Community College District shall not be reorganized or merged with another community college district unless all of the following apply: (A) The successor district becomes by operation of law the owner of all property previously owned by the Compton Community College District. (B) Any agreement entered into by the Compton Community College District in connection with bonds issued pursuant to this section are assumed by the successor district. (C) The apportionment authorized by subdivision (e) remains in effect. (D) Receipt by the bank of an opinion of bond counsel that the bonds issued for the Compton Community College District will remain tax exempt following the reorganization or merger. (g) Nothing in this section limits the authority of the Legislature to abolish the Compton Community College District when bonds issued for that district are no longer outstanding. Further, the Legislature may provide for the redemption or defeasance of the bonds at any time so that no bonds are outstanding. If the Legislature provides for the redemption or defeasance of the bonds issued for the Compton Community College District in order to abolish that district, it is the intent of the Legislature that the funds required for the redemption or defeasance should be appropriated from Section B of the State School Fund. (h) The bank may enter into contracts or agreements with banks, insurers, or other financial institutions or parties that it determines are necessary or desirable to improve the security and marketability of, or to manage interest rates or other risks associated with, the bonds issued pursuant to this section. The bank may pledge apportionments made by the Controller directly to the bond trustee pursuant to Section 41329.55 of the Education Code as security for repayment of any obligation owed to a bank, insurer, or other financial institution pursuant to this subdivision. (Amended by Stats. 2013, Ch. 48, Sec. 80. (AB 86) Effective July 1, 2013.)
  194. 63049.68.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 9. Financing of School District Emergency Apportionments [63049.67 - 63049.68] ( Article 9 added by Stats. 2004, Ch. 263, Sec. 9. )

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    California pledges not to change certain bond-related payment directions or repeal a specified subdivision if that would materially harm bondholders’ security or interests. The bank may put this pledge into bond documents as a covenant for bondholders’ benefit.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 9. Financing of School District Emergency Apportionments [63049.67 - 63049.68] ( Article 9 added by Stats. 2004, Ch. 263, Sec. 9. ) ## 63049.68. The State of California pledges that (a) the state will not alter the directive to the Controller to make apportionments to the bond trustee of moneys in the State School Fund and the Education Protection Account from that set forth in Section 41329.55 of the Education Code, and (b) the state will not amend or repeal subdivision (f) of Section 63049.67, in each case in any manner that would materially impair the security or other interests of holders of any bonds issued pursuant to this article. The bank is authorized to include this pledge in the bonds, or other documents entered into in connection with the bonds, as a covenant for the benefit of the bondholders. (Amended by Stats. 2013, Ch. 48, Sec. 81. (AB 86) Effective July 1, 2013.)
  195. 63049.70.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10. Golden State Energy Financing [63049.70- 63049.70.] ( Article 10 added by Stats. 2020, Ch. 27, Sec. 4. )

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    This section lets the bank finance Golden State Energy projects, issue bonds, and use or loan the proceeds for specified financing purposes.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10. Golden State Energy Financing [63049.70- 63049.70.] ( Article 10 added by Stats. 2020, Ch. 27, Sec. 4. ) ## 63049.70. (a) Notwithstanding this division, the financing of energy and project costs on behalf of Golden State Energy, as defined in Section 222.5 of the Public Utilities Code, shall be deemed to be in the public interest and eligible for financing by the bank or by a special purpose trust established pursuant to this division. That financing shall be treated as financing of an economic development facility for purposes of this division, except that Article 3 (commencing with Section 63040) and Article 5 (commencing with Section 63043) shall not apply to any financing undertaken on behalf of Golden State Energy. (b) The bank may issue bonds pursuant to Chapter 5 (commencing with Section 63070) and may loan the proceeds thereof to Golden State Energy, and deposit the proceeds into a separate account, or use the proceeds to refund bonds previously issued under this article. Bond proceeds may also be used to fund necessary reserves, capitalized interest, credit enhancement costs, or costs of issuance. (c) Bonds or other indebtedness issued pursuant to this article shall not be deemed to constitute a debt or liability of the state or of any political subdivision of the state other than the bank or any special purpose trust established pursuant to this division, but shall be payable solely from the funds of, and any security provided by, Golden State Energy. (Added by Stats. 2020, Ch. 27, Sec. 4. (SB 350) Effective January 1, 2021.)
  196. 63049.71.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. )

    Verify source ↗

    This section defines terms used in the California Transmission Accelerator Financing article.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. ) ## 63049.71. The following definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise: (a) “Accelerator financing plan” means a report by the bank for accelerator projects identified in subdivision (e) of Section 63049.73. The accelerator financing plan shall be based on the bank’s direct consultation with the accelerator. (b) “California Transmission Accelerator project” or “accelerator project” means any building, structure, equipment, infrastructure, or other improvement within this state, or financing the general needs, including working capital, of any participating party for operations or activities within this state that are consistent with, and intended to, develop transmission projects for the public benefit to further California’s clean energy goals and to reduce or offset ratepayer costs. (c) “California Transmission Accelerator Revolving Fund” or “Accelerator Revolving Fund” means any revolving fund by that name created under, and administered pursuant to, this article to provide financial assistance for eligible transmission projects. (d) “California Transmission Accelerator Revolving Fund Program” or “Accelerator Revolving Fund Program” means the program authorized by this article to administer the California Transmission Accelerator Revolving Fund and to provide financial assistance for eligible transmission projects, to be administered by the bank pursuant to this article and any guidelines adopted by the accelerator. (e) “Eligible transmission project” means a project as described in subdivision (f) of Section 63049.73, selected by the accelerator, and approved by the bank for financial assistance pursuant to subdivision (i) of Section 63049.73. (f) “Funded without return on equity,” as that term is used in Section 94510 of the Public Resources Code, means, solely for the portion of a project funded by the California Transmission Accelerator Revolving Fund provided by this article, that no return on equity shall be generated and distributed to shareholders. (g) (1) “Participating party” has the same meaning as defined in Section 63010 and includes an eligible applicant, as that term is used in Chapter 1 (commencing with Section 90000) of Division 50 of the Public Resources Code. (2) For purposes of providing financial assistance to projects related to Chapter 9 (commencing with Section 94500) of Division 50 of the Public Resources Code, the participating party shall be limited to eligible applicants as defined in Chapter 1 of Division 50 of the Public Resources Code. (h) “Transmission Infrastructure Accelerator” or “accelerator” means the Transmission Infrastructure Accelerator established pursuant to Section 12100.110 of the Government Code. (Added by Stats. 2025, Ch. 119, Sec. 15. (SB 254) Effective September 19, 2025.)
  197. 63049.72.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. )

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    The bank must consider eligible transmission projects for financing when an application is filed, and it may provide financial assistance and issue or use bond proceeds for related purposes.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. ) ## 63049.72. (a) The financing of projects related to Chapter 9 (commencing with Section 94500) of Division 50 of the Public Resources Code shall be deemed to be in the public interest and eligible for financing by the bank or by a special purpose trust established pursuant to this division. That financing shall be treated as financing of an economic development facility for purposes of this division, except that Article 3 (commencing with Section 63040) and Article 5 (commencing with Section 63043) shall not apply to any financing under this article. The bank shall consider an eligible transmission project for financing upon filing of an application by an appropriate participating party following the selection of the project by the accelerator. The review may be concurrent with the Public Utilities Commission’s processing of an application for the pertinent financing. Nothing in this division grants the bank authority over matters that are within the jurisdiction of the Public Utilities Commission. (b) The bank may provide any form of financial assistance, including issuing bonds pursuant to Chapter 5 (commencing with Section 63070), and may loan the proceeds of those bonds, deposit the proceeds into a separate account in the California Transmission Accelerator Revolving Fund, or use the proceeds to refund bonds previously issued under this article. Bond proceeds may also be used to fund necessary reserves, capitalized interest, credit enhancement costs, or costs of issuance. (c) Bonds issued under this article shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any political subdivision, other than the bank, but shall be payable solely from either or both the California Transmission Accelerator Revolving Fund or other revenues and assets securing the bonds. All bonds issued under this article shall contain on the face of the bonds a statement to that effect. (Added by Stats. 2025, Ch. 119, Sec. 15. (SB 254) Effective September 19, 2025.)
  198. 63049.73.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. )

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    The bank may provide and administer financial assistance for accelerator projects, but only for projects selected by the accelerator and approved by the bank board.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. ) ## 63049.73. (a) The bank is hereby authorized and empowered to provide financial assistance under the Accelerator Revolving Fund Program to any eligible participating party, either directly or to a lending or financial institution, in connection with the financing or refinancing of an accelerator project, in accordance with an agreement or agreements between the bank and the participating party, either as a sole lender or in participation or syndication with other lenders. (b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 shall not apply to any accelerator financing plan or any guidelines adopted by the bank pursuant to subdivision (i) in connection with the Accelerator Revolving Fund Program. (c) (1) Repayments of financing made under the Accelerator Revolving Fund Program shall be deposited into the appropriate account created within the Accelerator Revolving Fund. (2) The bank may establish separate accounts for accelerator projects within the Accelerator Revolving Fund. (d) (1) (A) The bank shall meet and confer with the accelerator for accelerator projects. (B) (i) The bank shall respond to requests from the accelerator and collaborating agencies to evaluate and consult on the credit and financial aspects of eligible accelerator projects. (ii) Final authority to provide financial support to an accelerator project shall reside with the accelerator, and the accelerator shall direct the bank, at its discretion, to effectuate approved financing in the form and at the terms the accelerator deems optimal, consistent with the objectives and requirements contained in Section 12100.111. (2) Consultation on a potential transmission project shall not constitute approval of that project by the Public Utilities Commission or the State Energy Resources Conservation and Development Commission under their decisionmaking authority, to the extent that authority exists under other law. (3) Consultation on, or evaluation of, a transmission project by the bank shall not indicate the bank’s approval. (e) The accelerator financing shall set forth conditions, including, but not limited to, the following: (1) Priority shall be given to transmission projects with public sponsors partnering with private entities. (2) Actions to maximum savings to ratepayers, as determined by the accelerator and its coordinating entities, by minimizing equity in the capital structure, minimizing return on equity, and reducing tax obligations through the use of public ownership structures, to the fullest extent possible, consistent with project risk and viability. (3) Actions to collaborate with prospective participating parties to inform bid proposals for the Independent System Operator competitive solicitation process. (f) All financial assistance under the Accelerator Revolving Fund Program approved by the bank board shall be consistent with the applicable accelerator financing plan then in effect, and may include the necessary technical cost elements of transmission infrastructure, including, but not limited to, environmental planning, permitting, and preconstruction costs for a project. (g) The bank shall inform the Franchise Tax Board of any accelerator projects that are approved by bank for financial assistance pursuant to subdivision (h) and shall provide any other information the Franchise Tax Board requires for administration of the tax credits under Sections 17053.40 and 23640 of the Revenue and Taxation Code. (h) (1) The bank shall prepare, and the bank board shall approve, guidelines for the provision of financial assistance under the Accelerator Revolving Fund Program for eligible transmission projects selected by the accelerator. The bank board’s approval of any financial assistance for an accelerator project shall take into consideration those guidelines, together with the applicable accelerator financing plan currently in effect. The guidelines shall include, as factors for determining whether to approve the provision of financial assistance, the ability of the participating party potentially receiving financial assistance to satisfy any obligation incurred and the return of capital to the Accelerator Revolving Fund. (2) The bank board may consider additional factors when determining whether to approve financial assistance for an accelerator project, taking into consideration the relevant accelerator financing plan. (3) The bank shall consider applications for financial assistance by eligible transmission projects selected by the accelerator as they are received, on an ongoing basis, if there are available moneys remaining within the Accelerator Revolving Fund to provide that financial assistance. The bank board’s determination of whether to approve applications for financial assistance shall be based on the accelerator financing plan and the guidelines in effect at the time the bank received the application. (4) A participating party shall comply with the terms and conditions that control the use of the funds provided, if any. (i) The bank shall provide financial assistance only for an accelerator project that both the accelerator selected and the bank board has approved. (j) The bank is hereby authorized to enter into an agreement with the accelerator to operate a program to provide financial assistance to any eligible participating party, either directly or to a lending or financial institution, in connection with the financing or refinancing of an eligible project, in accordance with the agreement or agreements. Information shared among consulting agencies and the bank, or between any consulting agency and the bank, shall not constitute the waiver of any exemption under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) applicable to each entity. (k) (1) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (2) Any project approved for financing by the Bank pursuant to this section before January 1, 2031, shall have its financing terms remain in force for the duration of the contract. (Added by Stats. 2025, Ch. 119, Sec. 15. (SB 254) Effective September 19, 2025. Repealed as of January 1, 2031, by its own provisions.)
  199. 63049.74.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. )

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    The section creates the California Transmission Accelerator Revolving Fund and lets eligible entities pledge fund money as bond security, and lets the bank use fund money for certain subordinated bonds.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 10.5. California Transmission Accelerator Financing [63049.71 - 63049.74] ( Article 10.5 added by Stats. 2025, Ch. 119, Sec. 15. ) ## 63049.74. (a) There is hereby created the California Transmission Accelerator Revolving Fund in the State Treasury for the purpose of providing financial assistance under the Accelerator Revolving Fund Program in accordance with this article. (b) The Accelerator Revolving Fund shall be eligible to receive funding from other sources determined by the Legislature. (c) Revenues of, and all other income collected by, participating entities to support the Accelerator Revolving Fund Program shall be deposited into the Accelerator Revolving Fund. (d) Proceeds of revenue bonds issued pursuant to this division article shall be deposited into the Accelerator Revolving Fund. (e) (1) Eligible entities may pledge any or all of the moneys in the Accelerator Revolving Fund as security for payment of the principal of, and interest on, any particular issuance of bonds issued for the purposes of this article. (2) The bank may use any or all of the moneys in the Accelerator Revolving Fund to retain or purchase for retention or sale, subordinated bonds issued by the bank, by a special purpose trust, or by a sponsor, all in connection with the purposes of this article. (f) (1) Notwithstanding Section 13340, moneys, except as provided in paragraphs (2) and (3), in the Accelerator Revolving Fund are continuously appropriated, without regard to fiscal year, for the support of eligible entities and shall be available for expenditure for the purposes as stated in this article. (2) Moneys in the Accelerator Revolving Fund received pursuant to a federal appropriation are available for expenditure only upon appropriation by the Legislature. (3) Moneys in the Accelerator Revolving Fund shall be available for expenditure to support administrative costs only upon appropriation by the Legislature. (Added by Stats. 2025, Ch. 119, Sec. 15. (SB 254) Effective September 19, 2025.)
  200. 63049.75.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 11. California FAIR Plan Association Financing [63049.75- 63049.75.] ( Article 11 added by Stats. 2025, Ch. 473, Sec. 1. )

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    The bank may finance claims-related costs or liquidity for the California FAIR Plan Association, issue taxable or tax-exempt bonds for that purpose, lend the proceeds to the Association, and use proceeds for reserves and related costs.

    ## Government Code - GOV ## TITLE 6.7. INFRASTRUCTURE FINANCE [63000 - 64132] ( Title 6.7 added by Stats. 1994, Ch. 94, Sec. 1. ) ## DIVISION 1. THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT [63000 - 63089.99] ( Heading of Division 1 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 1. ) ## CHAPTER 2. California Infrastructure and Economic Development Bank [63021 - 63049.75] ( Heading of Chapter 2 amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 5. ) ## ARTICLE 11. California FAIR Plan Association Financing [63049.75- 63049.75.] ( Article 11 added by Stats. 2025, Ch. 473, Sec. 1. ) ## 63049.75. (a) Notwithstanding any other provision of this division, pursuant to Section 10100.3 of the Insurance Code and upon approval of the bank, a financing of the costs of claims or to increase liquidity and claims-paying capacity upon the request of the California FAIR Plan Association shall be deemed to be in the public interest and eligible for financing by the bank. Article 3 (commencing with Section 63040), Article 4 (commencing with Section 63042), Article 5 (commencing with Section 63043), Article 5.5 (commencing with Section 63047.1), Article 6 (commencing with Section 63048), Article 6.3 (commencing with Section 63048.55), Article 6.5 (commencing with Section 63048.6), Article 6.7 (commencing with Section 63048.91), Article 7 (commencing with Section 63049), Article 8 (commencing with Section 63049.6), Article 9 (commencing with Section 63049.67), and Article 10 (commencing with Section 63049.70) shall not apply to that financing provided by the bank. (b) Notwithstanding any other provision of this division, the bank shall not have authority over any matter that is subject to the approval of, or otherwise regulated by, the Insurance Commissioner under Part 1 (commencing with Section 1880) of Division 2 of the Insurance Code. The bank shall have the right to enforce all obligations of the California FAIR Plan Association under the agreements relating to bonds issued under this section. (c) The bank may issue taxable or tax-exempt bonds pursuant to Chapter 5 (commencing with Section 63070) to finance the costs of claims or to increase liquidity and claims-paying capacity of the California FAIR Plan Association, and to refund bonds previously issued for that purpose, and may loan the proceeds thereof to the California FAIR Plan Association. Bond proceeds may also be used to fund necessary reserves, capitalized interest, credit or liquidity enhancement costs, and costs of issuance. (d) Bonds issued under this section shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the bank, or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the revenues and assets securing the bonds. All bonds issued under this article shall contain on the face of the bonds a statement to that effect. (Added by Stats. 2025, Ch. 473, Sec. 1. (AB 226) Effective October 9, 2025.)

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