Health and Safety Code — Part 73 | HSC — United States — California law | Esheria

Health and Safety Code

Part 73 of 87 · provisions 14,401–14,600

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 44366.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A district or the state board may act under Section 41510 to verify the accuracy of information submitted by facilities under this part.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44366. In order to verify the accuracy of any information submitted by facilities pursuant to this part, a district or the state board may proceed in accordance with Section 41510. (Amended by Stats. 2006, Ch. 538, Sec. 407. Effective January 1, 2007.)
  2. 44380.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The state board must adopt fee regulations, and districts must collect fees from covered facilities and operators, notify payers, and apply penalties or permit revocation steps if fees are unpaid.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44380. (a) The state board shall adopt a regulation which does all of the following: (1) Sets forth the amount of revenue which the district must collect to recover the reasonable anticipated cost which will be incurred by the state board and the Office of Environmental Health Hazard Assessment to implement and administer this part. (2) Requires each district to adopt a fee schedule which recovers the costs of the district and which assesses a fee upon the operator of every facility subject to this part, except as specified in subdivision (b) of Section 44344.4. A district may request the state board to adopt a fee schedule for the district if the district’s program costs are approved by the district board and transmitted to the state board by April 1 of the year in which the request is made. (3) Requires any district that has an approved toxics emissions inventory compiled pursuant to this part by August 1 of the preceding year to adopt a fee schedule, as described in paragraph (2), which imposes on facility operators fees which are, to the maximum extent practicable, proportionate to the extent of the releases identified in the toxics emissions inventory and the level of priority assigned to that source by the district pursuant to Section 44360. (b) Commencing August 1, 1992, and annually thereafter, the state board shall review and may amend the fee regulation. (c) The district shall notify each person who is subject to the fee of the obligation to pay the fee. If a person fails to pay the fee within 60 days after receipt of this notice, the district, unless otherwise provided by district rules, shall require the person to pay an additional administrative civil penalty. The district shall fix the penalty at not more than 100 percent of the assessed fee, but in an amount sufficient in its determination, to pay the district’s additional expenses incurred by the person’s noncompliance. If a person fails to pay the fee within 120 days after receipt of this notice, the district may initiate permit revocation proceedings. If any permit is revoked, it shall be reinstated only upon full payment of the overdue fee plus any late penalty, and a reinstatement fee to cover administrative costs of reinstating the permit. (d) Each district shall collect the fees assessed pursuant to subdivision (a). After deducting the costs to the district to implement and administer this part, the district shall transmit the remainder to the Controller for deposit in the Air Toxics Inventory and Assessment Account, which is hereby created in the General Fund. The money in the account is available, upon appropriation by the Legislature, to the state board and the Office of Environmental Health Hazard Assessment for the purposes of administering this part. (e) For the 1997–98 fiscal year, air toxics program revenues for the state board and the Office of Environmental Health Hazard Assessment shall not exceed two million dollars ($2,000,000), and for each fiscal year thereafter, shall not exceed one million three hundred fifty thousand dollars ($1,350,000). Funding for the Office of Environmental Health Hazard Assessment for conducting risk assessment reviews shall be on a fee-for-service basis. (Amended by Stats. 1996, Ch. 602, Sec. 7. Effective January 1, 1997.)
  3. 44380.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A district must grant a fee exemption to a facility that meets all listed criteria.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44380.1. A facility shall be granted an exemption by a district from paying a fee in accordance with Section 44380 if all of the following criteria are met: (a) The facility primarily handles, processes, stores, or distributes bulk agricultural commodities or handles, feeds, or rears livestock. (b) The facility was required to comply with this part only as a result of its particulate matter emissions. (c) The fee schedule adopted by the district or the state board for these types of facilities is not solely based on toxic emissions weighted for potency or toxicity. (Added by Stats. 1993, Ch. 1037, Sec. 4. Effective January 1, 1994.)
  4. 44380.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A supplemental fee may be charged for certain health risk assessments, and the state board must set the fee so it covers the direct cost of reviewing the added information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44380.5. In addition to the fee assessed pursuant to Section 44380, a supplemental fee may be assessed by the district, the state board, or the Office of Environmental Health Hazard Assessment upon the operator of a facility that, at the operator’s option, includes supplemental information authorized by paragraph (3) of subdivision (b) of Section 44360 in a health risk assessment, if the review of that supplemental information substantially increases the costs of reviewing the health risk assessment by the district, the state board, or the office. The supplemental fee shall be set by the state board in the regulation required by subdivision (a) of Section 44380 and shall be set in an amount sufficient to cover the direct costs to review the information supplied by an operator pursuant to paragraph (3) of subdivision (b) of Section 44360. (Added by Stats. 1992, Ch. 1162, Sec. 2. Effective January 1, 1993.)
  5. 44381.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A person who fails to submit required information or comply with this part or related permits/rules may be fined, and knowingly filing false statements can trigger higher daily fines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44381. (a) Any person who fails to submit any information, reports, or statements required by this part, or who fails to comply with this part or with any permit, rule, regulation, or requirement issued or adopted pursuant to this part, is subject to a civil penalty of not less than five hundred dollars ($500) or more than ten thousand dollars ($10,000) for each day that the information, report, or statement is not submitted, or that the violation continues. (b) Any person who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this part is subject to a civil penalty of not less than one thousand dollars ($1,000) or more than twenty-five thousand dollars ($25,000) per day for each day that the information remains uncorrected. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  6. 44382.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Every district must adopt this part’s requirements by regulation as a condition of permits for all new and modified facilities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44382. Every district shall, by regulation, adopt the requirements of this part as a condition of every permit issued pursuant to Chapter 4 (commencing with Section 42300) of Part 4 for all new and modified facilities. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  7. 44384.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Most of this part becomes operative on July 1, 1988, except Section 44380 and this section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 5. Fees and Regulations [44380 - 44384] ( Chapter 5 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44384. Except for Section 44380 and this section, all provisions of this part shall become operative on July 1, 1988. (Added by Stats. 1987, Ch. 1252, Sec. 1. Note: This section prescribes a delayed operative date (except for Section 44380) for Part 6, commencing with Section 44300.)
  8. 44390.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    This section defines “airborne toxic risk reduction measure” and “airborne toxic risk reduction audit and plan.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44390. For purposes of this chapter, the following definitions apply: (a) “Airborne toxic risk reduction measure” or “ATRRM” means those in-plant changes in production processes or feedstocks that reduce or eliminate toxic air emissions subject to this part. ATRRM’s may include: (1) Feedstock modification. (2) Product reformulations. (3) Production system modifications. (4) System enclosure, emissions control, capture, or conversion. (5) Operational standards and practices modification. (b) Airborne toxic risk reduction measures do not include measures that will increase risk from exposure to the chemical in another media or that increase the risk to workers or consumers. (c) “Airborne toxic risk reduction audit and plan” or “audit and plan” means the audit and plan specified in Section 44392. (Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
  9. 44391.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    If a district finds a facility creates significant risk, the facility operator must complete a toxic risk audit, prepare a reduction plan, and carry out the plan on schedule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44391. (a) Whenever a health risk assessment approved pursuant to Chapter 4 (commencing with Section 44360) indicates, in the judgment of the district, that there is a significant risk associated with the emissions from a facility, the facility operator shall conduct an airborne toxic risk reduction audit and develop a plan to implement airborne toxic risk reduction measures that will result in the reduction of emissions from the facility to a level below the significant risk level within five years of the date the plan is submitted to the district. The facility operator shall implement measures set forth in the plan in accordance with this chapter. (b) The period to implement the plan required by subdivision (a) may be shortened by the district if it finds that it is technically feasible and economically practicable to implement the plan to reduce emissions below the significant risk level more quickly or if it finds that the emissions from the facility pose an unreasonable health risk. (c) A district may lengthen the period to implement the plan required by subdivision (a) by up to an additional five years if it finds that a period longer than five years will not result in an unreasonable risk to public health and that requiring implementation of the plan within five years places an unreasonable economic burden on the facility operator or is not technically feasible. (d) (1) The state board and districts shall provide assistance to smaller businesses that have inadequate technical and financial resources for obtaining information, assessing risk reduction methods, and developing and applying risk reduction techniques. (2) Risk reduction audits and plans for any industry subject to this chapter which is comprised mainly of small businesses using substantially similar technology may be completed by a self-conducted audit and checklist developed by the state board. The state board, in coordination with the districts, shall provide a copy of the audit and checklist to small businesses within those industries to assist them to meet the requirements of this chapter. (e) The audit and plan shall contain all the information required by Section 44392. (f) The plan shall be submitted to the district, within six months of a district’s determination of significant risk, for review of completeness. Operators of facilities that have been notified prior to January 1, 1993, that there is a significant risk associated with emissions from the facility shall submit the plan by July 1, 1993. The district’s review of completeness shall include a substantive analysis of the emission reduction measures included in the plan, and the ability of those measures to achieve emission reduction goals as quickly as feasible as provided in subdivisions (a) and (b). (g) The district shall find the audit and plan to be satisfactory within three months if it meets the requirements of this chapter, including, but not limited to, subdivision (f). If the district determines that the audit and plan does not meet those requirements, the district shall remand the audit and plan to the facility specifying the deficiencies identified by the district. A facility operator shall submit a revised audit and plan addressing the deficiencies identified by the district within 90 days of receipt of a deficiency notice. (h) Progress on the emission reductions achieved by the plan shall be reported to the district in emissions inventory updates. Emissions inventory updates shall be prepared as required by the audit and plan found to be satisfactory by the district pursuant to subdivision (g). (i) If new information becomes available after the initial risk reduction audit and plan, on air toxics risks posed by a facility, or emission reduction technologies that may be used by a facility that would significantly impact risks to exposed persons, the district may require the plan to be updated and resubmitted to the district. (j) This section does not authorize the emission of a toxic air contaminant in violation of an airborne toxic control measure adopted pursuant to Chapter 3.5 (commencing with Section 39650) or in violation of Section 41700. (Amended by Stats. 1993, Ch. 1041, Sec. 2. Effective January 1, 1994.)
  10. 44391.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    The state board must prepare and update a statewide air-emissions reduction strategy, and selected districts must adopt and report on local emissions reduction programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44391.2. (a) For purposes of this section, the following provisions shall apply: (1) “Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711. (2) “Sensitive receptors” includes the same locations as specified in paragraph (5) of subdivision (a) of Section 42705.5. (b) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industry, and other interested stakeholders, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. The state board shall update the statewide strategy at least once every five years. In preparing the statewide strategy, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. The statewide strategy shall include criteria for the development of community emissions reduction programs. The criteria presented in the statewide strategy shall include, but are not limited to, all of the following: (1) An assessment and identification of communities with high cumulative exposure burdens for toxic air contaminants and criteria air pollutants. The assessment shall prioritize disadvantaged communities and sensitive receptor locations based on one or more of the following: best available modeling information, existing air quality monitoring information, existing public health data based on consultation with the Office of Environmental Health Hazard Assessment, and the monitoring results obtained pursuant to Section 42705.5. (2) A methodology for assessing and identifying the contributing sources or categories of sources, including, but not limited to, stationary and mobile sources, and an estimate of their relative contribution to elevated exposure to air pollution in impacted communities identified pursuant to paragraph (1). (3) An assessment of whether a district should update and implement the risk reduction audit and emissions reduction plan developed pursuant to Section 44391 for any facility to achieve emissions reductions commensurate with its relative contribution, if the facility’s emissions either cause or significantly contribute to a material impact on a sensitive receptor location or disadvantaged community, based on any data available for assessment pursuant to paragraph (1) or other relevant data. (4) An assessment of the existing and available measures for reducing emissions from the contributing sources or categories of sources identified pursuant to paragraph (2), including, but not limited to, best available control technology, as defined in Section 40405, best available retrofit control technology, as defined in Section 40406, and best available control technology for toxic air contaminants, as defined in Section 39666. (c) (1) Based on the assessment and identification pursuant to paragraph (1) of subdivision (b), the state board shall select, concurrent with the statewide strategy, locations around the state for preparation of community emissions reduction programs. The state board shall select additional locations annually thereafter, as appropriate. (2) (A) Within one year of the state board’s selection, the district encompassing any location selected pursuant to this subdivision shall adopt, in consultation with the state board, individuals, community-based organizations, affected sources, and local governmental bodies in the affected community, a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures identified pursuant to paragraph (4) of subdivision (b). (B) A district, with the agreement of the state board and a majority of the persons who are designated by the district to participate in the development and adoption of the community emissions reduction program, may take up to one additional year to adopt a community emissions reduction program pursuant to subparagraph (A). (3) The community emissions reduction programs shall be consistent with the statewide strategy and include emissions reduction targets, specific reduction measures, a schedule for the implementation of measures, and an enforcement plan. (4) The community emissions reduction programs shall be submitted to the state board for review and approval within 60 days of the receipt of the program. Programs that are rejected shall be resubmitted within 30 days. To the extent that a program, in whole or in part, is not approvable, the state board shall initiate a public process to discuss options for achieving an approvable program. Concurrent with the public process to achieve an approvable program, the state board shall develop and implement the applicable mobile source elements in the draft program to commence achievement of emissions reductions. (5) The community emissions reduction programs shall result in emissions reductions in the community, based on monitoring or other data. (6) In implementing a community emissions reduction program, the district and the state board shall be responsible for measures consistent with their respective authorities. (7) A district encompassing a location selected pursuant to this subdivision shall prepare an annual report summarizing both of the following: (A) The results and actions taken to further reduce emissions pursuant to the community emissions reduction program. (B) Updates to the community emissions reduction program made to ensure consistency with updates to the statewide strategy prepared pursuant to subdivision (b). (8) Compliance with a community emissions reduction program prepared pursuant to this section, including its implementation, shall be enforceable by the district and state board, as applicable. (d) The state board shall provide grants to community-based organizations for technical assistance and to support community participation in the implementation of this section and Section 42705.5. (Amended by Stats. 2022, Ch. 340, Sec. 1. (AB 1749) Effective January 1, 2023.)
  11. 44391.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    A qualifying school or school district may work with districts to identify schools needing air quality improvements and may be eligible for a grant to support air quality mitigation projects, if the section is funded by an appropriation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44391.3. A school or school district located in a community with a high cumulative exposure burden, as identified pursuant to Section 44391.2, may do both of the following: (a) Work with districts to identify school sites in need of air quality improvements. (b) Be eligible for a grant as part of a community emissions reduction program, adopted pursuant to Section 44391.2, to implement air quality mitigation efforts, including, but not limited to, either of the following: (1) Air filter upgrades or installations. (2) Vegetation buffer planting. (c) This section shall be implemented only if an appropriation for this purpose is made in the annual Budget Act or other statute. (Added by Stats. 2018, Ch. 714, Sec. 2. (AB 2453) Effective January 1, 2019.)
  12. 44391.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    This section directs Greenhouse Gas Reduction Fund money to districts for projects that reduce air pollution and toxic emissions, and requires annual reporting to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44391.4. (a) (1) Funds made available pursuant to an appropriation from the Greenhouse Gas Reduction Fund to reduce mobile and stationary sources of criteria air pollutants or toxic air contaminants consistent with the community emissions reduction programs developed pursuant to Section 44391.2 shall be available to districts, as distributed by the state board, and shall be used for projects that complement and further the rules and regulatory requirements that the state board or districts have established or are in the process of developing to reduce or mitigate emissions from mobile or stationary sources in affected communities pursuant to Section 44391.2. The funds shall be allocated for projects that are intended to benefit communities that the state board has selected or is considering for selection in future years pursuant to Section 44391.2. (2) Funds shall be allocated to projects consistent with priorities identified by the affected community in a transparent meaningful public process. (3) Funds shall only be allocated to projects that will provide emission reductions that are in excess of those otherwise required by law or regulation. (b) Projects eligible for funding include the following: (1) Projects that provide financial assistance for the purchase of cleaner technologies with a priority on zero-emission equipment either through the Community Air Protection Funds Moyer Guidelines Supplement or in accordance with the state board’s guidelines for the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code) relative to funding amount and truck evaluation. (2) Zero-emission charging infrastructure projects with a priority toward infrastructure that supports medium- and heavy-duty vehicles. (3) (A) Projects that provide financial assistance to owners of stationary sources that are not subject to the requirements adopted by the state board pursuant to subdivision (c) of Section 38562 for replacement of equipment with technologies that will result in direct emission reductions of toxic air contaminants and criteria air pollution, including zero-emission technologies. (B) The state board may contract with the State Treasurer to expend funds for purposes of this paragraph through programs implemented by the State Treasurer or the Capital Programs and Climate Financing Authority. (c) In addition to subdivision (b), the state board may also fund a program developed by a district, with community input through a public process, that is consistent with actions identified in the applicable community emissions reduction program developed pursuant to Section 44391.2. (d) (1) Notwithstanding Section 10231.5 of the Government Code, by March 1 of each year, the state board shall report to the Legislature on the use, in the prior fiscal year, of funds that are subject to this section. The report shall include all of the following: (A) A list of projects funded. (B) An identification of the communities designed to be benefited by the projects. (C) The anticipated reduction in the emissions of criteria pollutants, toxic air contaminants, and greenhouse gases resulting from the projects. (D) How the projects further the relevant community emissions reduction program. (2) The report required by paragraph (1) may be submitted as a part of the annual report required pursuant to Section 39720. (Amended by Stats. 2025, Ch. 710, Sec. 6. (AB 786) Effective January 1, 2026.)
  13. 44391.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    The state board’s Blueprint updates must identify measures to reduce criteria air pollutants and toxic air contaminants, and larger districts that issue certain permits must post those permits on their website.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44391.5. (a) Each statewide strategy update developed by the state board pursuant to Section 44391.2, known as the “Community Air Protection Blueprint” or “Blueprint,” shall additionally identify measures to reduce criteria air pollutants and toxic air contaminants. (b) A district with a population of 1,000,000 persons or more that issues permits to stationary sources of criteria air pollutants or toxic air contaminants shall make available on an easily identifiable location on the district’s internet website all permits issued by the district for those stationary sources. (Added by Stats. 2022, Ch. 340, Sec. 2. (AB 1749) Effective January 1, 2023.)
  14. 44392.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    Facility operators subject to this chapter must conduct an airborne toxic risk reduction audit and prepare a plan with specified minimum contents.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44392. A facility operator subject to this chapter shall conduct an airborne toxic risk reduction audit and develop a plan which shall include at a minimum all of the following: (a) The name and location of the facility. (b) The SIC code for the facility. (c) The chemical name and the generic classification of the chemical. (d) An evaluation of the ATRRM’s available to the operator. (e) The specification of, and rationale for, the ATRRMs that will be implemented by the operator. The audit and plan shall document the rationale for rejecting ATRRMs that are identified as infeasible or too costly. (f) A schedule for implementing the ATRRMs. The schedule shall meet the time requirements of subdivision (a) of Section 44391 or the time period for implementing the plan set by the district pursuant to subdivision (b) or (c) of Section 44391, whichever is applicable. (g) The audit and plan shall be reviewed and certified as meeting this chapter by an engineer who is registered as a professional engineer pursuant to Section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor. (Amended by Stats. 2012, Ch. 39, Sec. 83. (SB 1018) Effective June 27, 2012.)
  15. 44393.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    The Section 44391 plan is not treated as the same as a pollution prevention or source reduction program, except where its audit and plan elements match source reduction or later pollution prevention definitions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44393. The plan prepared pursuant to Section 44391 shall not be considered to be the equivalent of a pollution prevention program or a source reduction program, except insofar as the audit and plan elements are consistent with source reduction, as defined in Section 25244.14, or subsequent statutory definitions of pollution prevention. (Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
  16. 44394.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. )

    Verify source ↗

    Facility operators who fail to submit a complete airborne toxic risk reduction audit and plan, fail to implement the plan’s measures, or knowingly make false statements in connection with the audit or plan face civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan [44390 - 44394] ( Chapter 6 added by Stats. 1992, Ch. 1162, Sec. 3. ) ## 44394. Any facility operator who does not submit a complete airborne toxic risk reduction audit and plan or fails to implement the measures set forth in the plan as set forth in this chapter is subject to the civil penalty specified in subdivision (a) of Section 44381, and any facility operator who, in connection with the audit or plan, knowingly submits any false statement or representation is subject to the civil penalty specified in subdivision (b) of Section 44381. (Added by Stats. 1992, Ch. 1162, Sec. 3. Effective January 1, 1993.)
  17. 44470.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. )

    Verify source ↗

    This section states California’s findings about ozone depletion and says the Legislature intends to phase out CFC-based refrigerants in mobile air-conditioning systems by banning sales of new vehicles using them after January 1, 1995, except as otherwise specified.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. ) ## 44470. (a) The Legislature finds and declares the following: (1) For the first time in human history, the use and disposal of certain manmade products are actively destroying a layer of the earth’s atmosphere without which human life cannot continue to exist. (2) These products, known as chlorofluorocarbons and halons, have already begun to deplete the ozone layer which protects human and other life forms from cancer-causing ultraviolet radiation. Above California, the ozone shield has been depleted about 3 percent over the last 20 years. (3) On January 1, 1989, a 24-nation agreement (the Montreal Protocol) became effective, calling for the reduction in use of most CFCs and halons, and the Environmental Protection Agency has issued regulations designed to freeze production of these products at current levels. (4) The Montreal Protocol was amended in 1990 calling for a reduction of CFC manufacturing to 50 percent of 1986 levels by 1995, further reduction to 15 percent of 1986 levels by 1997, and complete elimination by the year 2000. Due to the severity of the ozone depletion problem, however, this phaseout schedule is to be reviewed in 1992 with the objective of accelerating it still further. (5) It is essential to the health and safety of all Californians to take such steps as are necessary to further decrease and halt the destruction of the ozone layer by CFCs and halons. (b) The Legislature further finds and declares the following: (1) CFCs and halons contribute actively to global warming trends which could dramatically affect the economy and stability of California, including the flooding of coastal lands, loss of crop winters, and destruction of coastal wetlands and forests. (2) Twenty-five percent of the total amount of CFCs produced every year in the United States are needlessly released into the atmosphere through mobile air-conditioning servicing, maintenance, and leaking. (3) CFC-12 accounts for 46 percent of California’s contribution to ozone depletion from CFCs. Emissions from mobile air-conditioners are estimated to account for 27 percent of all of California’s CFC-12 emissions. (4) Actions required by the federal Clean Air Act amendments of 1990 (Public Law 101-549) will result in programs which require the recycling of CFCs used as refrigerants in existing motor vehicles and stationary systems, beginning in 1992. The severity of the ozone depletion problem, however, compels us to shift to the use of alternative refrigerants as soon as possible. (5) Most vehicle manufacturers have indicated that they can equip a portion or all of their vehicle fleets with an alternative refrigerant by the mid- to late 1990s, if alternative products successfully complete toxicity testing by the Environmental Protection Agency by 1992. (c) It is the intent of the Legislature by the enactment of this part to phase out the use of CFC-based refrigerants in mobile air-conditioning systems by banning the sale of any new automobile, truck, or other motor vehicle in California which utilizes CFC-based refrigerants after January 1, 1995, except as otherwise specified in subdivision (b) of Section 44473. (Added by Stats. 1991, Ch. 874, Sec. 1.)
  18. 44471.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. )

    Verify source ↗

    This section limits the part to certain refrigerant-related products and defines “vehicle air-conditioner.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. ) ## 44471. (a) This part applies to products containing or manufactured with CFC-11, CFC-12, and HCFC-22 which have an ozone depletion potential (ODP) of greater than .1, and have been identified by the Environmental Protection Agency as substances controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer. Any reference in this part to CFC, or CFCs, means these substances. (b) As used in this part, “vehicle air-conditioner” means mechanical vapor compression refrigeration equipment used to cool the driver’s or passenger compartment of any motor vehicle. (Added by Stats. 1991, Ch. 874, Sec. 1.)
  19. 44472.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. )

    Verify source ↗

    Certain new motor vehicles may use CFC-based air-conditioning products only within set percentage limits, and from January 1, 1995, no person or business may certify for sale, sell, or offer to sell a new 1995-or-later vehicle with those products.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. ) ## 44472. (a) On and after January 1, 1993, and prior to January 1, 1994, not more than 90 percent of the new 1993 model year or later motor vehicles equipped with vehicle air-conditioners which are certified for sale, sold, or offered for sale in this state shall utilize CFC-based products described in subdivision (a) of Section 44471. (b) On and after January 1, 1994, and prior to January 1, 1995, not more than 75 percent of the new 1994 model year or later motor vehicles equipped with vehicle air-conditioners which are certified for sale, sold, or offered for sale in this state shall utilize those CFC-based products. (c) On or after September 1, 1994, not more than 10 percent of all model year 1995 vehicles shall utilize those CFC-based products. (d) On and after January 1, 1995, no person or business shall certify for sale, sell, or offer to sell a new 1995 or later model year motor vehicle equipped with a vehicle air-conditioner utilizing those CFC-based products. (Added by Stats. 1991, Ch. 874, Sec. 1.)
  20. 44473.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. )

    Verify source ↗

    Manufacturers covered by Section 44472 must file quarterly records and an annual report with the state board, and the state board must adopt enforcement regulations by March 1, 1992.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. ) ## 44473. (a) Manufacturers of all motor vehicle models described in Section 44472 shall submit quarterly records and an annual report to the state board detailing the percentage of new models certified for sale, sold, or offered for sale in California with CFC-alternative mobile air-conditioning systems not using the CFC-based products enumerated in subdivision (a) of Section 44471. Compliance with Section 44472 shall be based on the total number of new motor vehicle models with non-CFC-based vehicle air-conditioners certified for sale, sold, or offered for sale versus the total number of new motor vehicle models with vehicle air-conditioners certified for sale, sold, or offered for sale in California each year. (b) Each of the deadlines set forth in Section 44472 may be extended for a period of not more than two years upon a determination by the state board that chemical or technological alternatives to CFC-based products are not yet available and in sufficient supply, or that manufacturers of new motor vehicles require additional time to redesign vehicle air-conditioning systems. (c) The state board shall adopt regulations by March 1, 1992, providing for the enforcement of this part. (Added by Stats. 1991, Ch. 874, Sec. 1.)
  21. 44474.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. )

    Verify source ↗

    Any person or business that violates this part is liable for a civil penalty.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 9. HALOGENATED REFRIGERANTS [44470 - 44474] ( Part 9 added by Stats. 1991, Ch. 874, Sec. 1. ) ## 44474. Any person or business that violates this part is liable for a civil penalty of five hundred dollars ($500) per incident, not to exceed five thousand dollars ($5,000) per day. (Added by Stats. 1991, Ch. 874, Sec. 1.)
  22. 44475.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. )

    Verify source ↗

    Businesses marketing or selling voluntary carbon offsets in the state must post specified project and accountability information on their website.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. ) ## 44475. A business entity that is marketing or selling voluntary carbon offsets within the state shall disclose on the business entity’s internet website all of the following information: (a) Details regarding the applicable carbon offset project, including all of the following information: (1) The specific protocol used to estimate emissions reductions or removal benefits. (2) The location of the offset project site. (3) The project timeline. (4) The date when the project started or will start. (5) The dates and quantities when a specified quantity of emissions reductions or removals started or will start, or was modified or reversed. (6) The type of project, including whether the offsets from the project are derived from a carbon removal, an avoided emission, or, in the case of a project with both carbon removals and avoided emissions, the breakdown of offsets from each. (7) Whether the project meets any standards established by law or by a nonprofit entity. (8) The durability period for any project that the seller knows or should know that the durability of the project’s greenhouse gas reductions or greenhouse gas removal enhancements is less than the atmospheric lifetime of carbon dioxide emissions. (9) Whether there is independent expert or third-party validation or verification of the project attributes. (10) Emissions reduced or carbon removed on an annual basis. (b) Details regarding accountability measures if a project is not completed or does not meet the projected emissions reductions or removal benefits, including, but not limited to, details regarding what actions the entity, either directly or by contractual obligation, shall take under both of the following circumstances: (1) If carbon storage projects are reversed. (2) If future emissions reductions do not materialize. (c) The pertinent data and calculation methods needed to independently reproduce and verify the number of emissions reduction or removal credits issued using the protocol. (d) For the purposes of this part, the following definitions apply: (1) “Durability” means the duration of time over which an offset project operator commits to maintain its greenhouse gas reductions and greenhouse gas removal enhancements, as applicable, exclusive of any aspirational outcomes that exceed or extend beyond the mandatory outcomes required of the offset project pursuant to its offset protocol. (2) “Protocol” means a documented set of procedures and requirements to quantify ongoing greenhouse gas reductions or greenhouse gas removal enhancements achieved by an offset project and to calculate the project baseline, including specification of relevant data collection and monitoring procedures, emission factors, and methodologies used to conservatively account for uncertainty and activity-shifting and market-shifting leakage risks associated with an offset project. (3) (A) “Voluntary carbon offset” means any product sold or marketed in the state that claims to be a “greenhouse gas emissions offset,” a “voluntary emissions reduction,” a “retail offset,” or any like term, that connotes that the product represents or corresponds to a reduction in the amount of greenhouse gases present in the atmosphere or that prevents the emission of greenhouse gases into the atmosphere that would have otherwise been emitted. (B) “Voluntary carbon offset” does not include products that represent or correspond to legal or regulatory mandates for either of the following: (i) Reduction of the amount of greenhouse gases present in the atmosphere. (ii) Prevention of the emissions of greenhouse gases into the atmosphere. (Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
  23. 44475.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. )

    Verify source ↗

    Certain entities that buy or use voluntary carbon offsets must post specified project-level information on their website when making net zero or carbon-neutral style claims.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. ) ## 44475.1. An entity that purchases or uses voluntary carbon offsets that makes claims regarding the achievement of net zero emissions, claims that the entity, related entity, or a product is “carbon neutral,” or makes other claims implying the entity, related entity, or a product does not add net carbon dioxide or greenhouse gases to the climate or has made significant reductions to its carbon dioxide or greenhouse gas emissions shall disclose on the entity’s internet website all of the following information pertaining to each project or program: (a) The name of the business entity selling the offset and the offset registry or program. (b) The project identification number, if applicable. (c) The project name as listed in the registry or program, if applicable. (d) The offset project type, including whether the offsets purchased were derived from a carbon removal, an avoided emission, or a combination of both, and site location. (e) The specific protocol used to estimate emissions reductions or removal benefits. (f) Whether there is independent third-party verification of company data and claims listed. (g) This section does not apply to entities that do not operate within the state or do not purchase or use voluntary carbon offsets sold within the state. (Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
  24. 44475.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. )

    Verify source ↗

    Entities making net zero, carbon neutral, or similar climate claims must post specified supporting information on their website.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. ) ## 44475.2. An entity that makes claims regarding the achievement of net zero emissions, claims that the entity, a related or affiliated entity, or a product is “carbon neutral,” or makes other claims implying the entity, related or affiliated entity, or a product does not add net carbon dioxide or greenhouse gases, as defined in Section 38505, to the climate or has made significant reductions to its carbon dioxide or greenhouse gas emissions, as described in Section 38505, shall disclose on the entity’s internet website all of the following information pertaining to all greenhouse gas emissions associated with its claims: (a) All information documenting how, if at all, a “carbon neutral,” “net zero emission,” or other similar claim was determined to be accurate or actually accomplished, and how interim progress toward that goal is being measured. This information may include, but not be limited to, disclosure of independent third-party verification of all of the entity’s greenhouse gas emissions, identification of the entity’s science-based targets for its emissions reduction pathway, and disclosure of the relevant sector methodology and third-party verification used for the entity’s science-based targets and emissions reduction pathway. (b) Whether there is independent third-party verification of the company data and claims listed. (c) This section does not apply to entities that either do not operate within the state, or that do not make claims within the state. (Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
  25. 44475.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. )

    Verify source ↗

    People covered by this part must update the required disclosures at least once a year. Violations can trigger civil penalties, and the law sets a daily amount and a total cap.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 10. Voluntary Carbon Market Disclosures [44475 - 44475.3] ( Part 10 added by Stats. 2023, Ch. 365, Sec. 1. ) ## 44475.3. (a) A person who violates this part is subject to a civil penalty of not more than two thousand five hundred dollars ($2,500) per day, for each day that information is not available or is inaccurate on the person’s internet website, for each violation, not to exceed a total amount of five hundred thousand dollars ($500,000), which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by a district attorney, county counsel, or city attorney in a court of competent jurisdiction. (b) Disclosures pursuant to this part shall be updated no less than annually. (Added by Stats. 2023, Ch. 365, Sec. 1. (AB 1305) Effective January 1, 2024.)
  26. 445.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.9. MEDICAL REFERRAL SERVICES [445- 445.] ( Part 1.9 added by Stats. 1973, Ch. 923. )

    Verify source ↗

    This section bans for-profit medical referrals and bars certain providers from accepting referrals through out-of-state medical referral service businesses when those businesses would be prohibited here.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.9. MEDICAL REFERRAL SERVICES [445- 445.] ( Part 1.9 added by Stats. 1973, Ch. 923. ) ## 445. No person, firm, partnership, association or corporation, or agent or employee thereof, shall for profit refer or recommend a person to a physician, hospital, health-related facility, or dispensary for any form of medical care or treatment of any ailment or physical condition. The imposition of a fee or charge for any such referral or recommendation creates a presumption that the referral or recommendation is for profit. The provisions of this section shall not apply to referrals or recommendations which are made under the crippled children services program or prepaid health plans. A physician, hospital, health-related facility or dispensary shall not enter into a contract or other form of agreement to accept for medical care or treatment any person referred or recommended for such care or treatment by a medical referral service business located in or doing business in another state if the medical referral service business would be prohibited under this part if the business were located in or doing business in this state. A violation of the provisions of this section shall constitute a misdemeanor and upon conviction thereof may be punished by imprisonment in the county jail for not longer than one year, or a fine of not more than five thousand dollars ($5,000), or by both such fine and imprisonment. Any violation of this section may be enjoined in a civil action brought in the name of the people of the State of California by the Attorney General, except that the plaintiff shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Amended by Stats. 1974, Ch. 1333.)
  27. 44500.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This division may be cited as the Capital Programs and Climate Financing Authority Act.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44500. This division may be cited as the Capital Programs and Climate Financing Authority Act. (Amended by Stats. 2025, Ch. 710, Sec. 7. (AB 786) Effective January 1, 2026.)
  28. 44501.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Legislature states that California should use practical measures to control and remediate pollution, support clean water and renewable energy, and finance pollution control, brownfield cleanup, and related development through loans and other programs.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44501. The Legislature finds and declares all of the following: (a) It is necessary and essential that the state, in cooperation with the federal government, use all practical means and measures to control, remediate, and eliminate pollution hazards to the environment, provide clean water, and enable alternative and renewable sources of energy. Industry within this state utilizes processes and facilities that have significant environmental impact. These processes and facilities need to be modified and supplemented to meet the quality standards established, and to be established, for the control and remediation of environmental pollution. Industry needs and requires new methods to finance the capital outlays required for the devices, equipment, and facilities utilized in pollution control if they are to rapidly comply with the quality standards established by the state and federal governments, and if they are to rapidly remediate contaminated properties so that those properties can be reused for economically beneficial purposes. (b) The disposal of waste products by methods such as incineration and landfill pollute the environment by degrading air and water quality. In order to reduce the environmental pollution that currently occurs in connection with the disposal of waste products, there is a need to develop new and alternative processes and facilities that provide for the disposal of those waste products in ways that prevent or reduce environmental degradation. Those new and alternative processes and facilities include those that recover resources and energy from waste products. In order to prevent further environmental degradation resulting from contamination caused by the release of waste products and hazardous materials, there is a need to encourage the remediation of that contamination of properties with the potential for economically beneficial reuse. (c) The alternate method of financing provided in this division is in the public interest and serves a public purpose and will promote the health, welfare, and safety of the citizens of the state. (d) California is expected to undergo tremendous population growth by the addition of millions of new jobs, new residents, and new households. This constitutes more rapid growth than California experienced during the 1950s, 1960s, and 1970s, combined. As a result of this unprecedented growth, the long-term environmental quality of the state depends, in part, on altering current growth patterns by adopting policies and programs that promote new forms of sustainable development and that will help reduce pollution and the degradation of the environment. A key element of sustainable development is infill development and the revitalization of existing communities. Sustainable development will result in the remediation of brownfields, reduce traffic and auto pollution, and help preserve open spaces. Many communities in California do not have the resources or expertise to identify and compete for state, federal, or private assistance in order to develop and implement environmentally sensitive growth policies and programs for economically struggling neighborhoods. Assisting economically distressed counties and cities to develop and implement sustainable and environmentally sensitive growth policies and programs that increase the utilization of unproductive properties within existing communities will help reduce environmental hazards created by brownfields and traffic congestion, while aiding in the revitalization of economically struggling neighborhoods and the preservation of open space at the urban edges. The grant and loan program provided in this division is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the citizens of the state. (e) Real property contaminated with hazardous substances is a continuing blight on communities. Estimates suggest there are between 67,000 and 119,000 contaminated sites, commonly referred to as “brownfields,” throughout the state. Located in existing communities, many of these sites are abandoned, idle, or underutilized due to a combination of factors, including legal liability concerns, regulatory issues, and the costs of pollution cleanup. Additionally, many of the undeveloped brownfields in the state are located within communities with depressed land values and pressing economic need, communities often characterized by a lack of capital investment. The remediation and development of brownfields is an important component of revitalizing existing communities and supporting sustainable growth patterns. While remediation and development activities should focus on brownfield sites that, although contaminated, have the potential for economically beneficial reuse, there currently exist few, if any, sources for financing the assessment, planning, and reporting activities that are the necessary first steps toward determining whether a site has the potential for economically beneficial reuse. (f) The Capital Programs and Climate Financing Authority should work in conjunction with public and private sector entities, including, but not limited to, cities, counties, school districts, redevelopment agencies, and financial institutions, to assist in financing, through loans, the cost of performing or obtaining site assessments, remedial action plans technical assistance, and reports, and where it is determined that a site has the potential for economically beneficial reuse, the cleanup, remediation, or development of brownfield sites. The loan program provided by this division is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the citizens of the state. (Amended by Stats. 2025, Ch. 710, Sec. 8. (AB 786) Effective January 1, 2026.)
  29. 44502.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This provision states the division’s purpose: to support pollution control, clean water, renewable energy, and related cleanup or development efforts through alternative financing and related assistance.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44502. It is the purpose of this division to carry out and make effective the findings of the Legislature and to that end to do all of the following, to the mutual benefit of the people of the state and to protect their health and welfare: (a) To provide industry within the state, irrespective of company size, with an alternative method of financing in providing, acquiring, enlarging, or installing facilities for establishing pollution control, providing supplies of clean water, and producing energy from alternative or renewable sources, that are needed to accomplish the purposes of this division. (b) To assist economically distressed counties and cities to develop and implement growth policies and programs that reduce pollution hazards and the degradation of the environment or promote infill development. (c) To assist with the financing of the costs of assessment, remedial planning and reporting, technical assistance, and the cleanup, remediation, or development of brownfield sites, or other similar or related costs. (Amended by Stats. 2009, Ch. 643, Sec. 2. (SB 832) Effective November 2, 2009.)
  30. 44503.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The definitions in this article apply to this chapter unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44503. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1975, Ch. 957.)
  31. 44504.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Authority” means the Capital Programs and Climate Financing Authority, including any successor body or officer that takes over its functions or powers.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44504. “Authority” means the Capital Programs and Climate Financing Authority established pursuant to Section 44515 and any board, commission, department, or officer succeeding to the functions thereof or to whom the powers conferred upon the authority by this division shall be given by law. (Amended by Stats. 2025, Ch. 710, Sec. 9. (AB 786) Effective January 1, 2026.)
  32. 44504.1.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “brownfield site” as certain contaminated, abandoned, idled, or underused property that has a reasonable potential for economically beneficial reuse after assessment and planning.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44504.1. “Brownfield site” means a real estate parcel or improvements located on the parcel, or both that parcel and the improvements, which is abandoned, idled, or underused, due to real or perceived environmental contamination, including, but not limited to, soil or groundwater contamination, the presence of underground storage tanks, or the presence of asbestos or lead paint on the parcel or in the improvements located on the parcel, which after assessment and planning, is determined to have a reasonable potential for economically beneficial reuse. (Added by Stats. 2000, Ch. 915, Sec. 3. Effective January 1, 2001.)
  33. 44505.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “cost” for projects financed under this division.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44505. “Cost” as applied to a project or portion thereof financed under the provisions of this division embraced all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, 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 such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of such construction as determined by the authority, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses and other expenses necessary or incident to determining the feasibility of constructing any project or incident to the construction or acquisition or financing of any project. (Added by Stats. 1975, Ch. 957.)
  34. 44506.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “participating party” for this division.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44506. “Participating party” means any person, company, corporation, public agency, partnership, firm, or other entity or group of entities engaged in operations within this state that requires financing pursuant to the terms of this division to aid and assist in the control, remediation, or elimination of pollution of the environment of the state. (Amended by Stats. 2009, Ch. 643, Sec. 3. (SB 832) Effective November 2, 2009.)
  35. 44507.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “pollution” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44507. “Pollution” means an alteration of the quality of the environment of the state and shall be determined by the various standards prescribed from time to time by this state, the federal government, or any agency, department, or political subdivision of this state or the federal government, and may include, but is not limited to, all of the following: (a) Earth, air, or water pollution. (b) Pollution caused by solid or hazardous waste materials including the disposal or processing of these materials. (c) Thermal pollution. (d) Radiation contamination. (e) The release of hazardous materials. (f) Noise pollution. (g) Contamination of soil or groundwater resulting from the release of hazardous materials, as defined in Section 25260. (h) The presence of asbestos or lead paint, at sites with a reasonable potential for economically beneficial reuse. (i) Any natural or manmade substance that must be removed to provide safe drinking water. (Amended by Stats. 2009, Ch. 643, Sec. 4. (SB 832) Effective November 2, 2009.)
  36. 44508.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “project” and “pollution control facility” broadly, and says eligible projects can include certain federally authorized tax-exempt or tax credit financed projects and specified federal facilities.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44508. “Project” and “pollution control facility,” respectively, mean any land, building, structure, improvement thereto, work, real or personal property, vehicle, or equipment providing or designed to provide for the control, reduction, abatement, elimination, remediation, or prevention of pollution, improvement of air, water, or soil quality, ensure the safe handling, recycling, or disposal of materials that might otherwise be improperly disposed of, or provide for environmental restoration, cleanup, or enhancement. Eligible projects include, but are not limited to, any type of project described in this section that is authorized pursuant to federal law for tax-exempt or tax credit financing. Eligible projects may also include any facility described in Section 142(a)(4), (5), (6), (8), (9), (10), (12), (14), or (17) of Title 26 of the United States Code. (Amended by Stats. 2024, Ch. 114, Sec. 1. (AB 2731) Effective January 1, 2025.)
  37. 44509.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “public agency” to include state and local governmental bodies and similar public entities.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44509. “Public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision. (Added by Stats. 1975, Ch. 957.)
  38. 44510.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “Revenues” for the authority.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44510. “Revenues” means all rents, receipts, purchase payments and all other income or receipts derived by the authority from the sale, lease, or other disposition of pollution control facilities, loan repayments under any loans made in connection with financing pollution control facilities, and any income or revenue derived from the investment of any money in any fund or account of the authority. (Amended by Stats. 2009, Ch. 643, Sec. 6. (SB 832) Effective November 2, 2009.)
  39. 44511.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This provision defines “renewable energy resource device.”

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44511. “Renewable energy resource device” means any device, or any combination of devices, which produces heat, process heat, space heating, water heating, steam, space cooling, refrigeration, mechanical energy, electricity, or energy in any form convertible to such uses, which do not expend or use fossil or nuclear fuels except when used for pumps, fans, or other minor controls. (Added by Stats. 1980, Ch. 794.)
  40. 44512.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Energy conservation program” is defined as a program that uses certain techniques or devices to primarily reduce energy consumption.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions and Definitions [44500 - 44512] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 44512. “Energy conservation program” means any program which utilizes techniques or devices including, but not limited to, cogeneration, waste heat recovery systems, efficient lighting systems, and energy efficiency improvements to industrial processes, which are primarily intended to reduce energy consumption. (Added by Stats. 1980, Ch. 794.)
  41. 44515.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The provision creates the Capital Programs and Climate Financing Authority, sets its three members, lets the Director of Finance appoint a substitute for meetings, and requires the Director of Finance to convene the first meeting.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44515. There is in the state government the Capital Programs and Climate Financing Authority. The authority constitutes a public instrumentality and a political subdivision of the State of California, and the exercise by the authority of the powers conferred by this division shall be deemed and held to be the performance of an essential public function. The authority shall consist of three members: the Director of Finance, the State Treasurer, and the State Controller. The Director of Finance may designate a deputy or other official in the Department of Finance to act for him or her and represent him or her at all meetings of the authority. The first meeting of the authority shall be convened by the Director of Finance. (Amended by Stats. 2025, Ch. 710, Sec. 10. (AB 786) Effective January 1, 2026.)
  42. 44516.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    All authority members must serve without compensation.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44516. All members of the authority shall serve thereon without compensation as members of the authority. (Added by Stats. 1979, Ch. 839.)
  43. 44517.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority has the powers reasonably necessary to carry out its expressly granted or imposed powers and responsibilities under this division.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44517. The authority shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed upon it under this division. (Added by Stats. 1979, Ch. 839.)
  44. 44518.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must maintain an office in Sacramento.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44518. The authority shall maintain an office in the City of Sacramento. (Added by Stats. 1979, Ch. 839.)
  45. 44519.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may hire an executive director and other necessary staff, and it may delegate powers and duties by resolution.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44519. The authority may employ an executive director and any other persons as are necessary to enable it properly to perform the duties imposed upon it by this division. The authority may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the authority any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 10. Effective January 1, 2009.)
  46. 44520.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must adopt needed rules and regulations, and it may use emergency regulations for certain financing programs; those emergency regulations must be repealed after 180 days unless Chapter 3.5 is satisfied.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44520. (a) The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all necessary rules and regulations to carry out its powers and duties under this division. The authority may call upon any board or department of the state government for aid and assistance in the preparation of plans and specifications and in the development of technology necessary to effectively control pollution. (b) Notwithstanding subdivision (a), the authority, or any other agency implementing a small business or brownfield site financing assistance program pursuant to an interagency agreement with the authority, may adopt regulations relating to small business or brownfield site financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5. (c) Notwithstanding subdivision (a), the authority, or any other agency implementing a loan program pursuant to an interagency agreement with the authority, may adopt regulations relating to the loans and grants authorized under subdivision (g) of Section 44526 as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5. (Amended by Stats. 2009, Ch. 643, Sec. 7. (SB 832) Effective November 2, 2009.)
  47. 44521.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The Attorney General is the authority’s legal counsel, the State Treasurer is its treasurer, and the authority may hire additional legal counsel only with the Attorney General’s approval.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44521. (a) The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General, the authority may employ such legal counsel as in its judgment is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this division, including the employment of such bond counsel as may be deemed advisable in connection with the issuance and sale of bonds. (b) The State Treasurer shall be the treasurer for the authority. (Repealed and added by Stats. 1979, Ch. 839.)
  48. 44522.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority has power to adopt a seal, sue and be sued, do necessary acts, and make certain temporary loans.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Organization of Authority [44515 - 44522] ( Article 2 repealed and added by Stats. 1979, Ch. 839. ) ## 44522. The authority is authorized and empowered: (a) To adopt an official seal. (b) To sue and be sued in its own name. (c) To do all things generally necessary or convenient to carry out its powers and the purposes under this division. (d) To make temporary loans from those funds set aside for its administrative costs to state financing authorities or advisory commissions created by a statute which takes effect on or after January 1, 1981, and which designates the State Treasurer as the chairperson, such loans to be returned with interest as specified by Section 16314 of the Government Code. (Amended by Stats. 1981, Ch. 1091.)
  49. 44525.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Projects [44525 - 44526] ( Article 3 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may charge reasonable application and project fees.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Projects [44525 - 44526] ( Article 3 repealed and added by Stats. 1979, Ch. 839. ) ## 44525. The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing pursuant to this division and to support authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 8 (commencing with Section 44559), and grants and loans as authorized by subdivisions (h) and (g) of Section 44526. (Amended by Stats. 2009, Ch. 643, Sec. 8. (SB 832) Effective November 2, 2009.)
  50. 44526.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Projects [44525 - 44526] ( Article 3 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may finance, support, and manage pollution control projects, including issuing bonds, setting fees, making loans and grants, and accepting outside funds.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Projects [44525 - 44526] ( Article 3 repealed and added by Stats. 1979, Ch. 839. ) ## 44526. The authority is authorized to do any of the following: (a) To determine the location and character of any project to be financed under the provisions of this division, to lend financial assistance to any participating party, to construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and to enter into contracts for the sale of any pollution control facilities, including installment sales or sales under conditional sales contracts, and to make loans to participating parties to lend financial assistance in the acquisition, construction, or installation of a project. (b) To issue bonds, notes, bond anticipation notes, and other obligations of the authority for any of its corporate purposes, and to fund or refund the same, all as provided in this division. (c) To fix fees and charges for pollution control facilities, or for the loan of moneys to finance pollution control facilities, and to revise from time to time those fees and charges, and to collect rates, rents, fees, loan repayments, and charges for the use of and for any facilities or services furnished, or to be furnished, by a project or any part thereof and to contract with any person, partnership, association, corporation, or public agency with respect thereto, and to fix the terms and conditions upon which any pollution control facilities may be sold or disposed of, whether upon installment sales contracts or otherwise. (d) To employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; to contract for engineering, architectural, accounting, or other services of appropriate agencies as may be necessary in the judgment of the authority for the successful development of any project; and to pay the reasonable costs of consulting engineers, architects, accountants, and construction experts employed by any participating party if, in the judgment of the authority, those services are necessary to the successful development of any project, and those services are not obtainable from any public agency. (e) To receive and accept loans, contributions, or grants, of money, property, labor, or other things of value, for, or in aid of, the authority in carrying out the purposes of this division, from any source, including, but not limited to, the federal government, the state, or any agency of the state, any local government or agency thereof, or any nonprofit or for-profit private entity or individual. (f) To 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, but are not limited to, 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. (g) To provide grants and loans to any city or county deemed eligible by the authority. The grants and loans shall be used to assist California neighborhoods suffering from high poverty or unemployment levels, or from low-income levels, to assist cities and counties in developing and implementing growth policies and programs that reduce pollution hazards and the degradation of the environment, or to promote infill development to revitalize these communities. The grants and loans may be used to employ the technical expertise necessary to identify, assess, and complete applications for state, federal, and private economic assistance programs that develop and implement sustainable development and sound environmental policies and programs. Priority shall be given to applicants lacking the resources to identify, assess, and complete applications to economic assistance, and for those lacking the resources to develop and implement sustainable growth and other sound environmental policies and programs. The authority shall fund these grants and loans from any funds available to the authority or set aside for the authority’s administrative expenses. The authority may not award more than seven million five hundred thousand dollars ($7,500,000) in grants and loans pursuant to this subdivision. This subdivision shall remain operative only until January 1, 2012. (h) (1) To provide a loan directly, or indirectly through one or more public or private sector intermediaries, to any city, county, school district, redevelopment agency, financial institution, as defined in subdivision (d) of Section 44559.1, for-profit or not-for-profit organization, or participating party, as defined in Section 44506, to assist in financing, among other things, the costs of performing or obtaining brownfield site assessments, remedial action plans and reports, technical assistance, the cleanup, remediation, or development of brownfield sites, or any other similar or related costs, subject to all applicable federal, state, and local laws, procedures, and regulations. (2) The authority shall establish standards and criteria to ensure that a recipient of direct or indirect financing for cleanup or remediation pursuant to this subdivision has the necessary financial resources and expertise to successfully and appropriately complete the cleanup or remediation of the property. (3) The authority may pay all, or a portion, of the associated program development and implementation costs of any public or private sector intermediaries through which a loan is made. A loan authorized by this subdivision is subject to both of the following: (A) A loan may be used in connection with a brownfield site prior to a determination of whether the site has a reasonable potential for economically beneficial reuse. (B) A loan may be made upon the terms determined by the authority and may provide for any rate of interest or no interest. (4) The authority shall fund a loan made pursuant to this subdivision from any funds available to it, from any funds set aside for the authority’s administrative expenses, or from any small business assistance fund established for these purposes pursuant to Section 44548. (5) The authority may waive repayment of all, or a portion, of any loan made pursuant to this subdivision upon conditions to be determined by the authority, and the amount so waived shall be deemed a grant to the recipient. (i) To provide grants to enhance the capacity of community development financial institutions, as defined in Section 44558, to provide technical assistance and capital access to economically disadvantaged communities in this state, pursuant to Article 7. (j) To do all things generally necessary or convenient to carry out the purposes of this division. (Amended by Stats. 2022, Ch. 68, Sec. 29. (SB 193) Effective June 30, 2022.)
  51. 44530.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Expenses under this division must be paid only from funds provided under this division, and the authority cannot create state debt or liability beyond those funds.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44530. All expenses incurred in carrying out the provisions of this division shall be payable solely from funds provided under the authority of this division and no liability or obligation shall be imposed upon the State of California and none shall be incurred by the authority beyond the extent to which moneys shall have been provided under the provisions of this division. Under no circumstances shall the authority create any debt, liability, or obligation on the part of the State of California payable from any source whatsoever other than the moneys provided under the provisions of this division. (Amended by Stats. 2009, Ch. 643, Sec. 13. (SB 832) Effective November 2, 2009.)
  52. 44531.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Projects must follow the authority’s rules and regulations. The authority may acquire, lease, sell, or otherwise dispose of needed property interests, but it may not use eminent domain.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44531. (a) All projects shall be constructed or completed subject to the rules and regulations of the authority. (b) The authority is authorized to acquire, by deed, purchase, lease, contract, gift, devise, or otherwise, any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands located within this state necessary or convenient for the construction or operation of a project, upon such terms and conditions as it deems advisable, and to lease, sell, or dispose of the same in such manner as may be necessary or desirable to carry out the objects and purposes of this division. Nothing in this division shall authorize the authority to exercise the power of eminent domain. (Repealed and added by Stats. 1979, Ch. 839.)
  53. 44532.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may execute deeds and conveyances to transfer title to a project to the participating party once the bond-related conditions are satisfied.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44532. When the principal of and interest on bonds of the authority issued to finance or refund the cost of a particular project for a participating party shall have been fully paid and retired or when adequate provision shall have been made for the payment and retirement of the same, and all other conditions of the resolution, indenture, or agreement authorizing and securing the same shall have been satisfied and the lien of the resolution, indenture, or agreement shall have been released in accordance with the provisions thereof, the authority is authorized, upon terms and conditions as may be prescribed by the authority, to execute these deeds and conveyances as are necessary or required to convey title to the project to the participating party. (Amended by Stats. 2009, Ch. 643, Sec. 14. (SB 832) Effective November 2, 2009.)
  54. 44534.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must act on financing applications and bond-or-note requests within set time limits, and it may delegate or approve financing on terms it considers necessary.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44534. (a) The authority shall take initial action on any completed application for financing submitted to it by a participating party no later than the next meeting of the authority that occurs after at least 30 days following receipt of the application. The authority may delegate to its executive director or any other official or employee of the authority to grant initial approval for financing to a participating party. (b) The authority shall take final action with regard to the issuance of bonds or notes to lend financial assistance to a participating party within 60 days of receipt by the authority of a request from the participating party for the issuance of bonds or notes. (c) A request from a participating party for final approval of the issuance of bonds or notes shall be accompanied by evidence of the fulfillment of all conditions to the issuance of the bonds or notes and by copies of forms of all principal legal documents to be approved by the authority, which shall be satisfactory in form and substance to the Attorney General. (d) The authority may give final approval for the issuance of bonds or notes upon terms as it deems necessary and desirable. (Amended by Stats. 2009, Ch. 643, Sec. 16. (SB 832) Effective November 2, 2009.)
  55. 44536.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may approve financing for certain pollution control facilities, equipment, and projects even when the applicant is not the owner, if the stated project conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44536. The authority may approve financing for a pollution control facility, or equipment for a facility, that is not owned by the applicant if the facility or equipment is a component of an approved tradeoff package to achieve air quality standards. The authority may also approve financing for projects where the owner of the project enters into a lease or operating agreement with another entity that will use the project. In either case both the owner and the user shall be treated as participating parties. (Amended by Stats. 2009, Ch. 643, Sec. 18. (SB 832) Effective November 2, 2009.)
  56. 44537.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must take reasonable steps to publicize its programs.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44537. The authority shall take all reasonable steps to publicize its programs so that eligible applicants may be aware of them. (Amended by Stats. 2009, Ch. 643, Sec. 19. (SB 832) Effective November 2, 2009.)
  57. 44537.5.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must help people and businesses access its financing, especially for small projects, agricultural waste projects, brownfields, and communities with economic hardship.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44537.5. The authority shall provide the maximum opportunity for the use of the authority’s financing by individuals, businesses engaged in agricultural operations, and small businesses or corporations by providing information, assistance, and coordination to facilitate financing for small projects and other financing that benefits the environment and the economy of the state, including financing for projects for the disposal of agricultural wastes, with special attention to the needs of businesses that do not meet standard commercial lending requirements but provide public benefits, such as job creation or retention and the redevelopment for economically beneficial uses of contaminated properties. The authority shall assist with the financing of the costs of, among other things, assessment of, remedial planning and reporting for, technical assistance for, and the cleanup, remediation, or development of, brownfield sites, and any other similar or related costs, by providing the loans authorized pursuant to subdivision (h) of Section 44526. The authority shall provide the maximum opportunity to provide loan funding pursuant to subdivision (h) of Section 44526 to assist brownfield site financing assistance programs where the sites are located in economically struggling communities suffering from a low level of income or a high level of poverty or unemployment. (Amended by Stats. 2001, Ch. 160, Sec. 1. Effective August 9, 2001.)
  58. 44538.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority must file an annual activity report by March 31, and the Treasurer must review it and advise the Legislature about any problems and credit impacts.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44538. The authority, no later than March 31 of each year, shall submit to the Legislature and to the Treasurer a report of its activities for the preceding calendar year ended December 31. The report shall include (1) a listing of applications received, (2) a listing of applications accepted for financing, (3) specification of bonds sold, interest rates thereon, and whether bond sales were pursuant to public bid or were negotiated, (4) specification of the amount of bonds authorized but currently unsold, (5) a projection of the authority’s needs and requirements for the coming year, and (6) a report of revenues and expenditures for the preceding fiscal year. The Treasurer shall review the report and advise the Legislature in writing of any problems and of any impact on the state’s credit rating and the state’s ability to borrow funds for state programs. (Amended by Stats. 1983, Ch. 352, Sec. 5. Effective July 25, 1983.)
  59. 44539.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. )

    Verify source ↗

    An applicant for financing for a wastewater-treatment project must give the State Water Resources Control Board satisfactory evidence that the facilities will be operated and maintained by competent personnel.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. General Powers and Duties [44530 - 44539] ( Article 4 repealed and added by Stats. 1979, Ch. 839. ) ## 44539. An applicant for financing for a project involving a waste water treatment plan shall provide evidence satisfactory to the State Water Resources Control Board that the waste water treatment facilities will be operated and maintained by competent personnel. Such evidence shall include, but not be limited to, a description of operating procedures, organizational structure, minimum personnel requirements and training program. (Added by Stats. 1979, Ch. 839.)
  60. 44540.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may incur indebtedness, issue securities of any kind or class, and renew them, but only if the indebtedness is payable solely from the authority’s revenues.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44540. The authority is authorized to incur indebtedness and to issue securities of any kind or class, and to renew the same, provided that all such indebtedness, howsoever evidenced, shall be payable solely from revenues of the authority. (Repealed and added by Stats. 1979, Ch. 839.)
  61. 44541.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    When the authority wants to issue bonds, it must adopt a resolution stating the total amount of bonds to be issued.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44541. At such times as the authority desires to issue bonds, as defined in Section 44542, it shall adopt a resolution specifying the total amount of such bonds proposed to be issued. (Repealed and added by Stats. 1979, Ch. 839.)
  62. 44542.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may issue bonds and related notes for corporate purposes, and the Treasurer sells them as agent.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44542. (a) (1) The authority is authorized from time to time to issue its negotiable bonds, notes, debentures, or other securities (hereinafter collectively called “bonds”) for any corporate purpose. These bonds may be authorized, without limiting the generality of the foregoing, to finance a single project for a single participating party, a series of projects for a single participating party, a single project for several participating parties, or several projects for several participating parties. (2) In anticipation of the sale of the bonds as authorized by Section 44540, or as may be authorized pursuant to Section 44541, the authority may issue negotiable bond anticipation notes and may renew the same from time to time. These bond anticipation notes may be paid from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. Notes and agreements relating thereto and bond anticipation notes, hereinafter collectively called notes, and the resolution or resolutions authorizing the same may contain any provisions, conditions, or limitations that a bond, agreement relating thereto, and bond resolution of the authority may contain, except that the note or renewal thereof shall mature at a time not exceeding three years from the date of issue of the original note. (b) Except as may otherwise be expressly provided by the authority, every issue of its bonds, notes, or other obligation shall be general obligations of the authority payable from any revenues or moneys of the authority available therefor and not otherwise pledged, subject only to any agreements with the holders of particular bonds, notes, or other obligations pledging any particular revenues or moneys and subject to any agreements with any participating party. Notwithstanding that bonds, notes, or other obligations may be payable from a special fund, they shall be and be deemed to be for all purposes negotiable instruments, subject only to the provisions of the bonds, notes, or other obligations for registration. (c) The bonds may be issued as serial bonds or as term bonds, or the authority in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the authority and shall bear the date or dates, mature at the time or times, not exceeding 50 years from their respective dates, bear interest at the fixed rate or rates, or at the variable rates, including multiple methods of setting rates from time to time while the bonds are outstanding, be payable at the time or times, be in the denominations, be executed in the manner, be payable in lawful money of the United States of America at the place or places, and be subject to the terms of redemption or tender, as resolution or resolutions may provide. The bonds or notes shall be sold by the Treasurer as agent for sale. The bond or notes may be sold at a public or private sale, and for the price or prices and on terms and conditions, as the authority shall determine after giving due consideration to the recommendations of any participating party to be assisted from the proceeds of the bonds or notes. Pending preparation of the definitive bonds, the Treasurer may issue interim receipts, certificates, or temporary bonds which shall be exchanged for definitive bonds. The Treasurer may sell any bonds, notes, or other evidence of indebtedness at a price below the par value thereof. (d) Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds or any provider of credit enhancement to be authorized, as to all of the following: (1) Pledging the full faith and credit of the authority or pledging all or any part of the revenues of any project or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation, or association or other body, public or private, or other moneys of the authority, to secure the payment of the bonds or of any particular issue of bonds, subject to agreements with bondholders or any providers of credit enhancement as may then exist. (2) The rentals, fees, purchase payments, loan payments, and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues. (3) The setting aside of reserves or sinking funds, and the regulation and disposition thereof. (4) Limitations on the right of the authority or its agent to restrict and regulate the use of the project or projects to be financed out of the proceeds of the bonds or any particular issue of bonds. (5) Limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging these proceeds to secure the payment of the bonds or any issue of the bonds. (6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds. (7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given. (8) Limitations on expenditures for operating, administrative, or other expenses of the authority. (9) Defining the acts or omissions to act that constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of these holders in the event of a default. (10) The mortgaging of any project and the site thereof for the purpose of securing the bondholders. (11) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders. (12) Provisions for the security of any provider of credit enhancement supporting payment on the bonds, but only in a manner subordinate to the rights of bondholders. (e) Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. (f) The authority shall have power out of any funds available therefor to purchase its bonds or notes without the cancellation thereof. The authority may hold, pledge, cancel, or resell bonds, subject to, and in accordance with, agreements with bondholders. (Amended by Stats. 2010, Ch. 414, Sec. 2. (SB 1477) Effective September 28, 2010.)
  63. 44543.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may use trust agreements or resolutions to secure bonds, protect bondholders, and treat related expenses as project costs; the Treasurer is not deemed to have a conflict of interest for serving as trustee.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44543. (a) In the discretion of the authority, any bonds issued under the provisions of this division may be secured by a trust agreement by and between the authority and a trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or projects, or any portion thereof, to be financed out of the proceeds of bonds. The trust agreement or resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders, or any provider of credit enhancement, as may be reasonable and proper and not in violation of law, including particular provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company doing business under the laws of this state that may act as depository of the proceeds of bonds or of revenues or other moneys may furnish these indemnifying bonds or pledge securities as may be required by the authority. Any trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders or any provider of credit enhancement. In addition to the foregoing, any trust agreement or resolution may contain other provisions as the authority may deem reasonable and proper for the security of the bondholders. Notwithstanding any other law, the Treasurer shall not be deemed to have a conflict of interest by reason of acting as trustee pursuant to this division. (b) All expenses incurred in carrying out the provisions of a trust agreement or resolution may be treated as a part of the cost of the operation of a project. (Amended by Stats. 2010, Ch. 414, Sec. 3. (SB 1477) Effective September 28, 2010.)
  64. 44544.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Bonds issued under this division are not state debt, must include a disclaimer that state or local faith, credit, or taxing power is not pledged, and do not by themselves obligate taxation or appropriations; the authority may still pledge its own full faith and credit.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44544. Bonds issued under the provisions of this division shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the authority, or a pledge of the faith and credit of the state or of any such political subdivision, other than the authority, but shall be payable solely from the funds herein provided therefor. All such bonds shall contain on the face thereof a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California or any local agency is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds under the provisions of this division shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Nothing in this section contained shall prevent nor be construed to prevent the authority from pledging its full faith and credit to the payment of bonds or issue of bonds authorized pursuant to this division. (Repealed and added by Stats. 1979, Ch. 839.)
  65. 44545.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may issue bonds to refund outstanding debt, and it must make findings when refunding debt not originally issued by the authority.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44545. (a) The authority may provide for the issuance of bonds of the authority for the purpose of refunding, directly or indirectly, any bonds, notes, or other evidences of indebtedness of the authority or a public agency then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of these bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion thereof. (b) The proceeds of any bonds issued for the purpose of refunding outstanding bonds, notes, or other securities may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending application, be placed in escrow to be applied to purchase or retirement at maturity or redemption on a date as may be determined by the authority. (c) Pending this use, any of these escrowed proceeds may be invested and reinvested by the Treasurer or any trustee in instruments as may be specified in the resolution or indenture governing the bonds to be refunded, maturing at the time or times as shall be appropriate to ensure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on this type of investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of these proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. (d) All of these bonds shall be subject to the provisions of this division in the same manner and to the same extent as other bonds issued pursuant to this division. If the authority refunds bonds or evidences of indebtedness not originally issued by the authority, the authority shall make findings that the project being refinanced qualifies as a project under this division. (Amended by Stats. 2009, Ch. 643, Sec. 22. (SB 832) Effective November 2, 2009.)
  66. 44548.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may create small business assistance funds, charge limited fees or deposits on participating parties, and transfer available funds into those funds. Before charging fees or deposits, it must adopt regulations.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44548. (a) (1) Subject to any prior contractual obligations to any of its bondholders, the authority may establish one or more small business assistance funds in order to do any of the following: (A) Assist small businesses to achieve financing of pollution control facilities. (B) Assist with the financing of the costs of, among other things, assessment, remedial planning and reporting, technical assistance, cleanup, remediation, and development of brownfield sites, and with other similar or related costs, by providing loans pursuant to subdivision (h) of Section 44526. (C) Fund a capital access program for small businesses pursuant to Article 8 (commencing with Section 44559), including nonreimbursable payments made directly to borrowers in furtherance of the program described in Section 44559.13. (2) For the purpose of establishing and maintaining small business assistance funds as it determines to be necessary or desirable to secure its bonds or any issuance thereof or for other authorized purposes, the authority, pursuant to its contracts with participating parties, may levy fees or other charges on, or require deposits from, participating parties receiving financing for a project under this division. The total amount of these fees, charges, and deposits with respect to a single issue of bonds shall not exceed 3 percent of the principal amount of that issue of bonds. (3) Before levying any fees or charges or requiring deposits, the authority shall adopt regulations for the operation of the small business assistance funds, the amounts and any payment schedule for the fees, charges, or deposits, eligibility standards for small businesses desiring to use or benefit from the small business assistance funds, and any other matters the authority determines to be necessary for the establishment and maintenance of small business assistance funds. The regulations may provide for differential fees from participating parties based upon the size of a project financed by the authority or other factors determined to be relevant by the authority, and the regulations may restrict any benefits to those eligible small businesses specified in the regulations. (4) The authority may transfer any funds available to it or set aside for its administrative expenses to any small business assistance fund established under this section. (b) (1) The forms of financial assistance that the authority may provide under this section include, but are not limited to, all of the following: (A) Payments to reduce, but not eliminate, the interest rate on loans. (B) Payments of part or all of the cost of acquiring letters of credit. (C) Payments of part or all of the cost of acquiring insurance. (D) Payments of part or all of the cost of acquiring guarantees. (E) Payments of part or all of the cost of acquiring other forms of credit support. (F) Payments of part or all of the authority’s expenses in issuing revenue bonds or providing other assistance. (G) Nonreimbursable payments made directly to borrowers in furtherance of the program described in Section 44559.13 and administered pursuant to Article 8 (commencing with Section 44559). (2) The authority may also pledge any small business assistance fund, on an individual or pooled basis, to repay, directly or indirectly, the principal of, or interest or premium on, any issue of bonds of the authority or any loan made or acquired pursuant to this section. (3) The authority may also use moneys in a small business assistance fund to assist in the financing of the costs of assessment of, remedial planning and reporting for, technical assistance for, and the cleanup, remediation, or development of, brownfield sites, and of other similar or related costs, by providing loans, pursuant to, and under the terms permitted by, subdivision (h) of Section 44526. (4) In addition to other purposes set forth in this section, the authority may use moneys in a small business assistance fund to make or acquire loans or guarantee commercial loans to participating parties eligible for assistance from those funds. (5) Any moneys repaid or returned to the authority in connection with or as a result of any loan or financial assistance made pursuant to this section shall be deposited in the small business assistance fund from which the loan or assistance was originally provided. (6) The authority may contract with qualified financial institutions, including, but not limited to, banks, investment and mortgage bankers, insurance companies, sureties, and guarantors, to provide any necessary assistance in the granting of credit for these purposes. (c) Each small business assistance fund established pursuant to this section shall be deposited in a special account that the Controller shall create. Notwithstanding any other law, and subject to any requirements of federal tax law or regulations relative to maintaining the tax-exempt status of the obligations of the authority, all interest or other gains earned by investment or deposit of money in the special account pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code or pursuant to any other provision of law shall be credited to, and deposited in, the account. (d) In carrying out this section, the authority shall participate with the air pollution control districts and air quality management districts in providing financial assistance in its lending programs. (Amended by Stats. 2017, Ch. 644, Sec. 1. (AB 1553) Effective January 1, 2018.)
  67. 44549.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may invest its funds in qualifying government obligations and certain pooled investment instruments, and the Treasurer may set investment standards.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Bonds and Notes [44540 - 44549] ( Article 5 added by Stats. 1979, Ch. 839. ) ## 44549. Any funds of the authority, including proceeds from the sale of bonds or notes issued after the effective date of this section, money set aside for the authority’s administrative expenses, and small business assistance funds created under Section 44548, may be invested in any obligations of any state or local government meeting the requirements of subdivision (a) of Section 103 of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 103 (a)) including mutual funds, trusts, and similar instruments representing a pool of obligations. The Treasurer may adopt regulations providing appropriate investment standards for these investments. If the Treasurer determines it to be necessary to assure compliance with federal tax laws or regulations, the authority may, notwithstanding any other provision of law, deposit funds received as fees from the issuance of its obligations, including small business assistance funds, with a bank or trust company acting on behalf of the authority. Notwithstanding any other provision of law, the authority may also make investments of moneys set aside for the authority’s administrative expenses or in any small business assistance funds by making or purchasing interest-bearing loans to qualified small businesses which are to be assisted pursuant to Section 44548, or under terms and with such security as the authority determines to be appropriate. (Amended by Stats. 1991, Ch. 397, Sec. 2.)
  68. 44550.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may contract with a participating party for project construction or acquisition, and may pay or advance project costs. Contracts must make the participating party responsible for design, construction, and completion, subject to standards and supervision. Title may be vested in the authority, subject to lease or purchase rights.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44550. The authority may contract with any participating party for the construction or acquisition of a project by the participating party. All contracts for the construction or acquisition of a project by a participating party shall provide that the participating party shall be responsible for the architectural and engineering design and for the construction and completion thereof subject to standards for architectural and engineering design as may be established, and subject to supervision as the authority deems necessary. The authority may agree to pay the cost of a project constructed or acquired by any participating party and to advance costs from time to time in installments or otherwise as required by the contract for the construction or acquisition thereof. Title to all of these projects may be vested in the authority subject to the terms of any lease thereof to the participating party or the rights of a participating party under any contract for the purchase or acquisition of the project including the payment of the purchase price under installment sales contracts. (Amended by Stats. 2009, Ch. 643, Sec. 25. (SB 832) Effective November 2, 2009.)
  69. 44551.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may enter into leases and agreements, set lease terms, and fix and collect project-related rates and charges.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44551. The authority may, as lessor or lessee, enter into leases and agreements with any participating party relating to the acquisition, construction, and installation of any project, including real property, buildings, equipment, and pollution control facilities of any kind or character. The terms and conditions of such leases may be as mutually agreed upon. Any such lease may provide the means or methods by which title shall vest in a participating party upon the termination of the lease and shall contain such other terms and conditions as the authority may determine. The authority is authorized to fix, revise, charge, and collect rates, rents, fees, and charges for each project. Such rates, rents, fees, and charges shall be fixed and adjusted in respect of the aggregate of rates, rents, fees, and charges from all projects so as to provide funds sufficient with other revenues and moneys available therefor, if any, to do all of the following: (a) Pay the principal of and the interest on outstanding bonds, notes, or other evidences of indebtedness of the authority financing such project as the same shall become due and payable. (b) Create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such bonds, notes, or other evidences of indebtedness. A sufficient amount of the revenues derived from a project may be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of and interest on such bonds, notes, or other evidences of indebtedness as the same shall become due, and the redemption price or the purchase price of bonds, notes, or other evidences of indebtedness retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees, and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement nor any other agreement nor any lease by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking or other similar fund may be a fund for all bonds, notes, or other evidences of indebtedness of the authority financing projects of a particular participating party without distinction or priority of one over another; provided, that the authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular project or projects and for the bonds financing a particular project or projects and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security herein authorized to other bonds, notes, or other evidences of indebtedness of the authority, and, in such case, the authority may create separate sinking or other similar funds in respect of such subordinate lien bonds, notes, or other evidences of indebtedness. (c) Pay operating and administrative costs of the authority. (Repealed and added by Stats. 1979, Ch. 839.)
  70. 44552.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may enter into sale contracts with participating parties for projects it finances, and must apply payments received under installment or conditional sales contracts in the same way as Section 44551 applies lease payments or rental charges.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44552. The authority may enter into contracts of sale with any participating party covering any project financed by the authority. The purchase price pursuant to such contract of sale shall be sufficient to provide funds for all the purposes provided in Section 44551 and may be paid in installments, together with interest on the unpaid balance, or otherwise, as may be mutually agreed and set forth in such contract of sale. All payments received by the authority under any installment sales or conditional sales contract shall be applied by the authority substantially in the same manner as hereinabove provided in Section 44551 in the case of lease payments or rental charges received by the authority. (Repealed and added by Stats. 1979, Ch. 839.)
  71. 44552.5.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority may finance a project with a loan to the participating party, and it may also buy part or all of such a loan from a financial institution.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44552.5. (a) As an alternative to leasing or selling a project to a participating party, the authority may finance the acquisition, construction, or installation of a project by means of a loan to the participating party. The principal amount of the participating party’s obligation as borrower shall be sufficient to provide funds for all the purposes specified in subdivisions (a), (b), and (c) of Section 44551 and may be paid in installments, together with interest on the unpaid balance, or otherwise as may be mutually agreed by the authority and the participating party and set forth in the loan agreement. Loans made pursuant to this section may be secured or unsecured in the discretion of the authority. (b) The authority may also purchase or acquire from a financial institution part or all of a loan made to a participating party for a project meeting the requirements of this division. (c) Section 44550 shall not apply to projects constructed with moneys loaned pursuant to this section. (Amended by Stats. 2009, Ch. 643, Sec. 26. (SB 832) Effective November 2, 2009.)
  72. 44553.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Money received under this division must be treated as trust funds and kept only for the division’s purposes. Any bank or trust company holding the money must act as trustee and manage it subject to the bond resolution or trust agreement.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44553. All moneys received pursuant to the provisions of this division, whether as proceeds from the sale of bonds, notes, or other evidences of indebtedness or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this division. Any bank or trust company with which these moneys shall be deposited shall act as trustee of these moneys and shall hold and apply the same for the purposes hereof, subject to regulations as the resolution authorizing the bonds of any issue or the trust agreement securing these bonds may provide. (Amended by Stats. 2010, Ch. 414, Sec. 4. (SB 1477) Effective September 28, 2010.)
  73. 44554.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Bondholders and trustees may go to court to protect and enforce their rights and to compel performance of required duties, unless a resolution or trust agreement restricts those rights.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44554. Any holder of bonds, notes, or other obligations issued under the provisions of this division, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any trust agreement securing, bonds, notes, or other obligations, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under resolution or trust agreement, and may enforce and compel the performance of all duties required by this division or by resolution or trust agreement to be performed by the authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of the rates, rents, fees, and charges herein authorized and required by the provisions of the resolution or trust agreement to be fixed, established, and collected. (Amended by Stats. 2009, Ch. 643, Sec. 28. (SB 832) Effective November 2, 2009.)
  74. 44555.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    Bonds, notes, and other obligations issued under this division, plus their transfer and income, are exempt from all state and local taxation.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44555. The exercise of the powers granted by this division shall be in all respects for the benefit of the people of this state, for their health and welfare, and protection of the state’s environment. Any bonds, notes, or other obligations issued under the provisions of this division, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by municipalities and other political subdivisions of the state. (Amended by Stats. 2009, Ch. 643, Sec. 29. (SB 832) Effective November 2, 2009.)
  75. 44556.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The authority is exempt from property taxes and assessments on covered projects and related property while it holds title, but the exemption ends when title is transferred to a participating party.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44556. The authority shall not be required to pay any property taxes or assessments upon, or in respect to, a project or any property acquired by or for the authority under the provisions of this division or upon the income therefrom, so long as the authority holds title to such project or the property or facilities comprised in the project. The exemption of the authority from taxation of any project herein provided shall cease forthwith when title to such property is transferred from the authority to any participating party. The provisions of this section shall not exempt any participating party from taxation with respect to any project, or the property or facilities comprised in any project, which may otherwise be applicable to such participating party. (Repealed and added by Stats. 1979, Ch. 839.)
  76. 44557.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. )

    Verify source ↗

    The Legislature may terminate the authority’s არსებence at any time, subject to Section 44562.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Construction and Leases of Facilities [44550 - 44557] ( Article 6 added by Stats. 1979, Ch. 839. ) ## 44557. Subject to Section 44562, the existence of the authority may be terminated at any time by the Legislature. Upon dissolution of the authority, the title to all properties owned by it shall vest in and become the property of the State of California and shall not inure to the benefit of any private party. (Repealed and added by Stats. 1979, Ch. 839.)
  77. 44558.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    This section defines key terms for the California Investment and Innovation Program and sets eligibility criteria for applicants seeking grants.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558. For purposes of this article: (a) “Administration expenses” means the reasonable and necessary expenses incurred by the authority in the administration of this article, including, without limitation, the fees and costs of attorneys, consultants, and other individuals. (b) “Applicant” means an eligible applicant that applies to the authority for a grant pursuant to this article. (c) “Authority” means the Capital Programs and Climate Financing Authority. (d) “Community development financial institution” means any community development financial institution certified by the federal Community Development Financial Institutions Fund under Part 1805 (commencing with Section 1805.100) of Chapter XVIII of Title 12 of the Code of Federal Regulations. (e) “Disadvantaged community” means a census tract in which the median household income is less than 80 percent of the statewide or county annual median household income level, whichever is less. (f) “Eligible applicant” means a community development financial institution for which all of the following applies: (1) The applicant shall have a current certification pursuant to Section 1805 of Title 12 of the Code of Federal Regulations. (2) The applicant shall have a minimum net worth of twenty-five thousand dollars ($25,000) as indicated on its financial statements prepared in accordance with generally accepted accounting principles. (3) The applicant shall have made a minimum of five loans in the 12 months prior to submitting its application. (4) Either of the following applies: (A) The community development financial institution has a principal office in California, the officers of which are domiciled in California. (B) The community development financial institution has a record of lending in this state, based on either of the following: (i) At least 25 percent of the community development financial institution’s loan portfolio, at the time of the application, provides financial assistance to persons or projects located in this state. (ii) The community development financial institution has provided financing assistance in this state totaling at least ten million dollars ($10,000,000) in the three years prior to its application. (g) “Executive director” means the Executive Director of the Capital Programs and Climate Financing Authority. (h) “Fund” means the California Investment and Innovation Fund created in subdivision (b) of Section 44558.1. (i) “Low-income communities” has the same meaning as defined in Section 39713 of the Health and Safety Code. (j) “Lower income household” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (k) “Program” means the California Investment and Innovation Program established in subdivision (a) of Section 44558.1. (l) “Small and emerging community development financial institution” means a community development financial institution that has less than ten million dollars ($10,000,000) in assets. (Amended by Stats. 2025, Ch. 710, Sec. 11. (AB 786) Effective January 1, 2026.)
  78. 44558.1.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    The authority must create the California Investment and Innovation Program, adopt implementation guidelines, and manage and allocate the fund for eligible recipients. The fund can receive money from multiple sources and the authority may direct certain investments and transfers, subject to stated limits.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558.1. (a) (1) The authority shall establish the California Investment and Innovation Program for the purpose of providing grants to enhance the capacity of community development financial institutions to provide technical assistance and capital access to economically disadvantaged communities in this state. (2) The authority shall adopt guidelines for the implementation of this program consistent with this article. (b) The California Investment and Innovation Fund is created in the State Treasury. The authority shall allocate moneys in the fund to eligible recipients in accordance with this article. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority to carry out the purposes of this article. All moneys accruing to the authority pursuant to this article from any source shall be deposited into the fund. (c) The California Investment and Innovation Fund may receive funds from any source, including, but not limited to, the federal government, philanthropic entities, financial institutions, and state funds appropriated for this purpose. (d) The authority may access moneys in the fund for administrative costs as necessary to implement the program, subject to conditions, if any, stipulated in the appropriation of the funds. (e) Notwithstanding any other law, the authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the 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 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except the Surplus Money Investment Fund. (Added by Stats. 2022, Ch. 68, Sec. 30. (SB 193) Effective June 30, 2022.)
  79. 44558.2.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    The authority must make grant funding available to selected eligible applicants, run an application process, set funding limits, and announce awards by deadline.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558.2. (a) When funding is available, the authority shall make the funding available to eligible applicants selected by the authority to participate in the program. Unless otherwise prohibited by law, the authority shall use the available funding to do all of the following: (1) Develop an application process for awarding grants to eligible applicants pursuant to the program and require each eligible applicant to submit an application in the form and manner prescribed by the authority. (2) Set aside at least 20 percent of any amount made available in a program funding round for eligible applicants that are small and emerging community development financial institutions. (3) Ensure that eligible recipients receiving grants pursuant to the program serve geographically diverse areas, both urban and rural, across this state. (b) (1) When funding is available, the authority shall make grants available in one or more rounds of funding availability, not to exceed fifteen million dollars ($15,000,000) in total grants in any calendar year. (2) Awards shall be announced by February 1 of each year. The first round of funding shall be awarded by February 1, 2024. (3) Funds shall be available for use by the grantee for a period of two years, as specified in the grant agreement entered into pursuant to Section 44558.3. Grant funds shall be used as prescribed by the article and the grant agreement for a period of two years. Upon the expiration of that two-year period and that grant agreement, there shall be no limitation on the use of the grant funds. (4) Any income generated from the grant award during the term of grant agreement entered into pursuant to Section 44558.3 shall be reinvested by the grantee into activities allowable under the grant agreement. (c) As part of the application process described in subdivision (a), the authority shall determine the amount that any eligible applicant who submits a timely and complete application may receive per calendar year, subject to the following conditions: (1) All eligible applicants that submit a timely and complete application shall receive a grant. In each round of funding the authority shall, in announcing the availability of funding, establish a minimum and maximum grant amount. (2) For the purpose of determining the amount of individual grants, the authority shall develop criteria to adjust the size of awards based on the total amount of loans closed by the applicant in the most recently completed fiscal year. (3) After receiving a grant in one year, an eligible applicant may apply in a future funding round if the eligible applicant has made reasonable progress in deploying the previously awarded grant funding. (Added by Stats. 2022, Ch. 68, Sec. 30. (SB 193) Effective June 30, 2022.)
  80. 44558.3.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    Applicants selected for the program must sign a grant agreement before receiving funds, follow the authority’s terms, and meet reporting and capacity-building requirements. Grant recipients may use the funds for listed community development purposes unless another law prohibits it, and a licensed grantee that loses its license must forfeit and return the grant to the authority.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558.3. (a) Prior to receiving any grant funds under this program, an applicant selected by the authority to participate in the program shall enter into a grant agreement with the authority that requires the applicant to do all of the following: (1) Achieve specific goals related to capacity building described in subdivision (b). (2) Provide information requested by the authority to support administration of the program. (3) Comply with terms and conditions imposed by the authority. (b) Unless otherwise prohibited by law, an eligible applicant that receives grant funds under the program may use those funds for either or both of the following purposes: (1) (A) To increase total net assets for the purpose of increasing the eligible applicant’s capacity to attract additional financing that the applicant uses to fund loans, loss reserves, or other means of finance for any of the following: (i) Commercial facilities that promote revitalization, community stability, or job creation or retention. (ii) Businesses that provide jobs for low-income persons, are owned by low-income persons, or increase the availability of products and services to low-income persons. (iii) Facilities providing health care, childcare, educational, cultural, or social services. (iv) The provision of checking, savings accounts, check cashing, money orders, certified checks, automated teller machines, deposit taking, safe deposit box services, and other similar services. (v) Development, preservation, or renovation of affordable housing. (vi) Credit building consumer loans with charges that do not exceed the amounts allowed by Sections 22304.5 and Section 22370 of the Financial Code. (B) For purposes of this section, “total net assets” means the amount of total assets minus total liabilities, as disclosed in an audited financial statement prepared according to generally accepted accounting principles. (2) To increase working capital for the purpose of funding services and operations that contribute to the overall community development mission of the eligible applicant, including technical assistance, technology, training, and other activities that benefit low-income neighborhoods, undercapitalized business owners, and other socially and economically disadvantaged individuals. (c) If a grantee is licensed pursuant to any division of the Financial Code and the grantee loses its license, the grant shall be forfeited and returned, in total, to the authority. (Added by Stats. 2022, Ch. 68, Sec. 30. (SB 193) Effective June 30, 2022.)
  81. 44558.4.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    The authority may adopt, amend, or repeal program rules without following a specified Government Code procedure, but it must give public notice, hold at least one public hearing, keep a rulemaking file, and attach a final statement of reasons.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558.4. (a) Notwithstanding any other law, including subdivision (a) of Section 44520, the authority may adopt, amend, or repeal rules and regulations for the administration of the program pursuant to this article without complying with the procedural requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as described in subdivision (b). (b) The authority shall provide a notice of proposed action as described in Section 11346.5 of the Government Code. The notice of proposed action shall be provided to the public at least 21 days before the close of the public comment period, and the authority shall schedule at least one public hearing as described in Section 11346.8 of the Government Code before the close of the public comment period. The committee shall maintain a rulemaking file as described in Section 11347.3 of the Government Code. The final version of the regulations shall be accompanied by a final statement of reasons as described in subdivision (a) of Section 11346.9 of the Government Code. (c) These rules and regulations shall be effective immediately upon adoption by the authority. (Added by Stats. 2022, Ch. 68, Sec. 30. (SB 193) Effective June 30, 2022.)
  82. 44558.5.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. )

    Verify source ↗

    The authority must set reporting guidelines for grantees, grantees must keep and provide certain financial and audit information, and the authority must post an annual website report.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. California Investment and Innovation Program [44558 - 44558.5] ( Article 7 added by Stats. 2022, Ch. 68, Sec. 30. ) ## 44558.5. (a) The authority shall adopt guidelines for annual reporting by grantees that do all of the following: (1) Provide a description of the grantee’s overall activities during the report period, including how the grant specifically contributed to these activities. (2) Require a grantee to provide an annual financial statement and meet record retention and audit requirements for the duration of the grant to ensure compliance with the limitations and requirements of this article. (3) Align the time period covered by the annual report required by this subdivision with the reporting period covered by the federal CDFI Program administered by the United States Department of the Treasury. (4) For the purpose of tracking the impact of individual grant awards, establish that the performance period shall start no earlier than the date the grant award agreement entered into pursuant to Section 44558.3 is signed and the funding is under the control of the grantee. (5) Unless otherwise prohibited by law, as a condition of receiving the grant, all grantees shall request businesses directly served by the grantee with grant funds to self-identify their gender, race, and ethnicity. Grantees shall annually report to the authority the information provided to them by the businesses. (b) By March 1, 2024, and annually thereafter, the authority shall post a report on the authority’s internet website that describes the results of the program, including, but not limited to, the total number of grants awarded, the amount of previously awarded grants that have been reported as spent by the grantees, an aggregation of any data provided by grantees, and a descriptive summary of the information provided by grantees pursuant to subdivision (a) in the most recent reporting period. The authority shall also include in the report any recommendations for improving the effectiveness, transparency, and accountability of public funds deployed to community development financial entities to serve the unmet needs of, and build inclusive economic prosperity in, California’s lower income neighborhoods and undercapitalized small businesses. (Added by Stats. 2022, Ch. 68, Sec. 30. (SB 193) Effective June 30, 2022.)
  83. 44559.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    This section states legislative findings about small businesses and the need to expand the Capital Access Loan Program.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559. (a) The Legislature finds and declares that small businesses are responsible for a significant amount of environmental emissions in the state, but are less able than larger businesses to afford the investment in new equipment or process modifications needed to comply with environmental regulations, with regard to controlling emissions, preventing the creation of pollutants, contaminants, or waste products, and remediating contamination of properties with a reasonable potential for economically beneficial reuse. Additionally, small businesses faced with financial pressures will be likely to reduce expenditures to achieve environmental compliance. Better access to capital will allow small businesses to more easily comply with environmental mandates, and to remediate contamination of properties with a reasonable potential of economically beneficial reuse, and to succeed economically, generating additional revenue to state and local governments that can be used for environmental improvements, all to the benefit of all the residents of the state. (b) The Legislature also finds and declares that it is in the best interest of the state to expand the Capital Access Loan Program for small business regardless of whether the operations of the small business affect the environment, and to permit business loans to be included in the program for small businesses whose operations do not, necessarily, affect the environment. Small businesses have difficulty gaining access to capital for startup and expansion purposes. Small businesses owned by minorities and women have special capital access difficulties. In addition, small businesses operating in areas affected by military base closures are disadvantaged by limited access to capital. The Legislature finds that improving access to capital for these small businesses will spur investment, create jobs, expand economic opportunities, assist in the recovery of communities affected by defense and aerospace losses, assist in the recovery of neighborhoods and communities affected by contaminated properties that are not being used for economically beneficial purposes but which could be so used if the contamination was remediated, and help sustain and strengthen economic recovery in California. (Amended by Stats. 2000, Ch. 915, Sec. 11. Effective January 1, 2001.)
  84. 44559.1.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    This section defines the key terms used in the Capital Access Loan Program.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.1. As used in this article, unless the context requires otherwise, all of the following terms have the following meanings: (a) “Authority” means the Capital Programs and Climate Financing Authority. (b) “California Capital Access Fund” means a fund created within the authority to be used for purposes of the program. (c) “Executive director” means the Executive Director of the Capital Programs and Climate Financing Authority. (d) (1) “Financial institution” means a federal- or state-chartered bank, savings association, credit union, not-for-profit community development financial institution certified under Part 1805 (commencing with Section 1805.100) of Chapter XVIII of Title 12 of the Code of Federal Regulations, or a consortium of these entities. A consortium of those entities may include a nonfinancial corporation, if the percentage of capitalization by all nonfinancial corporations in the consortium does not exceed 49 percent. (2) (A) “Financial institution” also includes a lending institution that has executed a participation agreement with the Small Business Administration under the guaranteed loan program pursuant to Part 120 (commencing with Section 120.1) of Chapter I of Title 13 of the Code of Federal Regulations and meets the requirements of Section 120.410 of Chapter I of Title 13 of the Code of Federal Regulations, a small business investment company licensed pursuant to Part 107 (commencing with Section 107.20) of Chapter I of Title 13 of the Code of Federal Regulations, and a small business financial development corporation, as defined in Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, or microbusiness lender, as defined in Section 12100 of the Government Code, that meets standards that shall be established by the authority. For loans where all or part of the fees and matching contributions are paid by an entity participating in the program pursuant to subdivision (e) of Section 44559.2, “financial institution” also includes financial lenders, as defined in Section 22009 of the Financial Code, making commercial loans, as defined in Section 22502 of the Financial Code. (B) A financial institution described in this paragraph shall be domiciled or have its principal office in the State of California. (3) “Financial institution” also includes an insured depository institution, insured credit union, or community development financial institution, as these terms are defined in Section 4702 of Title 12 of the United States Code. (e) “Loss reserve account” means an account in the State Treasury or any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the Capital Access Loan Program established pursuant to this article for the purposes of the following: (1) Depositing all required fees paid by the participating financial institution and the qualified business. (2) Depositing contributions made by the state and, if applicable, the federal government or other sources. (3) Covering losses on enrolled qualified loans sustained by the participating financial institution by disbursing funds accumulated in the loss reserve account. (f) “Participating financial institution” means a financial institution that has been approved by the authority to enroll qualified loans in the program and has agreed to all terms and conditions set forth in this article and as may be required by any applicable federal law providing matching funding. (g) “Passive real estate ownership” means ownership of real estate for the purpose of deriving income from speculation, trade, or rental, but does not include any of the following: (1) The ownership of that portion of real estate being used or intended to be used for the operation of the business of the owner of the real estate. (2) The ownership of real estate for the purpose of construction or renovation, until the completion of the construction or renovation phase. (h) “Program” means the Capital Access Loan Program created pursuant to this article. (i) “Qualified business” means a small business concern that meets both of the following criteria, regardless of whether the small business concern has operations that affect the environment: (1) It is a corporation, partnership, cooperative, or other entity, whether that entity is a nonprofit entity or an entity established for profit, that is authorized to conduct business in the state. (2) It has its primary business location within the boundaries of the state. (j) (1) “Qualified loan” means a loan or a portion of a loan made by a participating financial institution to a qualified business for any business activity that has its primary economic effect in California. A qualified loan may be made in the form of a line of credit, in which case the participating financial institution shall specify the amount of the line of credit to be covered under the program, which may be equal to the maximum commitment under the line of credit or an amount that is less than that maximum commitment. A qualified loan made under the program may be made with the interest rates, fees, and other terms and conditions agreed upon by the participating financial institution and the borrower. (2) “Qualified loan” does not include any of the following: (A) A loan for the construction or purchase of residential housing. (B) A loan to finance passive real estate ownership. (C) A loan for the refinancing of an existing loan when and to the extent that the outstanding balance is not increased. (D) A loan, the proceeds of which will be used in any manner that could cause the interest on any bonds previously issued by the authority to become subject to federal income tax. (k) “Severely affected community” means any area classified as an enterprise zone pursuant to the Enterprise Zone Act (Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1 of the Government Code), any area, as designated by the executive director, contiguous to the boundaries of a military base designated for closure pursuant to Section 2687 of Title 10 of the United States Code, as amended, and any other comparable economically distressed geographic area so designated by the executive director from time to time. (l) “Small Business Assistance Fund” means a fund created within the authority pursuant to Section 44548. (m) “Small business concern” has the same meaning as in Section 632 of Title 15 of the United States Code, or as otherwise provided in regulations of the authority. (Amended by Stats. 2025, Ch. 710, Sec. 12. (AB 786) Effective January 1, 2026.)
  85. 44559.11.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority may adopt regulations to set alternate provisions when certain contributions are fully funded by a public or quasi-public entity, instead of fee revenue.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.11. (a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program. (b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a public or quasi-public entity other than the authority’s fee revenue under Sections 44525 and 44548, the authority may, by regulation adopted pursuant to subdivision (b) of Section 44520 or subdivision (e) of Section 44559.14, establish alternate provisions as necessary to enable the authority to participate in the alternative funding source program, including implementing loan loss reserve programs to benefit any individual person engaged in qualifying activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing. (Amended by Stats. 2016, Ch. 32, Sec. 69. (SB 837) Effective June 27, 2016.)
  86. 44559.12.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority may set up loss reserve accounts for terminal rental adjustment clause leasing if outside funds are available, but it cannot put its own funds into those accounts. The executive director may set conditions for these accounts.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.12. (a) Consistent with subdivision (b) of Section 44559.11, the authority may establish loss reserve accounts for the purposes of financing terminal rental adjustment clause leasing, if funds are available for contribution into the loss reserve account from any source other than the authority. The authority shall not contribute any funds into a loss reserve account created pursuant to this section. Funds provided by the federal government for the purposes of providing a loan loss reserve program shall not be contributed to an account created pursuant to this section. (b) The executive director may establish conditions for terminal rental adjustment clause leasing loss reserve accounts created pursuant to this section. (c) As used in this section, “terminal rental adjustment clause” means “terminal rental adjustment clause” as defined in Section 7701(h)(3) of Title 26 of the United States Code. (Added by Stats. 2011, Ch. 492, Sec. 2. (SB 225) Effective October 6, 2011.)
  87. 44559.13.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    This section creates a loan program for small businesses to fund ADA compliance projects and assigns the authority to administer it.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.13. (a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Act Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the Capital Programs and Climate Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section. (b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: (1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto. (2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program. (3) (A) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest before, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project. (B) “Eligible cost” shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act. (4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project. (5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000). (6) “Small business” or “qualified business” means a business that is independently owned and operated and not dominant in its field that meets both of the following additional criteria: (A) It has 30 or fewer full-time equivalent employees, or it has less than five million dollars ($5,000,000) in total gross annual income from all sources. (B) It does not provide overnight accommodations. (c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. (2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows: (A) Program expenditures shall include all of the following: (i) Contributions paid by the authority in support of qualified loans. (ii) Payments made to borrowers enrolling loans to participate in the program, to the extent that moneys other than the initial appropriation are deposited into the fund by the authority and are authorized for that use pursuant to paragraph (3) of subdivision (d). (iii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state. (B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: (i) Personnel costs. (ii) Service and vending contracts necessary to carry out the program. (iii) Other reasonable direct and indirect administrative costs. (3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the 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 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund. (d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to: (1) Establish a new loss reserve account for each participating lender enrolling loans in this program. (2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. (3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community, or make nonreimbursable payments from other moneys to participating borrowers to offset all or a portion of the reasonable costs of architectural inspections obtained from a person who is certified as an access specialist pursuant to the program described in Section 4459.5 of the Government Code. (4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program. (5) Limit the term of loss coverage for each qualified loan to no more than five years. (6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. (Amended by Stats. 2025, Ch. 710, Sec. 13. (AB 786) Effective January 1, 2026.)
  88. 44559.14.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    This section creates the California Seismic Safety Capital Access Loan Program to support seismic retrofitting for qualified residential property owners and qualified small businesses.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.14. (a) (1) It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses with a priority on soft-story buildings and unreinforced brick and concrete buildings. It is not the intent of the Legislature to assist the physical expansion of small businesses and residences. (2) The Legislature hereby establishes the California Seismic Safety Capital Access Loan Program. The program shall cover losses on qualified loans by participating lenders to qualified residential property owners or qualified small businesses for eligible projects, as specified under this section. The program shall be administered by the Capital Programs and Climate Financing Authority and follow the terms and conditions for the Capital Access Loan Program in this article with the additional program requirements specified under this section. (b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: (1) “Seismic retrofit construction” means alteration performed on or after January 1, 2017, of a qualified building or its components to substantially mitigate seismic damage. “Seismic retrofit construction” includes, but is not limited to, all of the following: (A) Anchoring the structure to the foundation. (B) Bracing cripple walls. (C) Bracing hot water heaters. (D) Installing automatic gas shutoff valves. (E) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. (F) Anchoring fuel storage. (G) Installing an earthquake-resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. (H) Strengthening a building’s lateral load resisting system. (2) “Eligible costs” means the costs paid or incurred on or after January 1, 2017, for an eligible project, including any engineering or architectural design work necessary to permit or complete the eligible project less the amount of any grant provided by a public entity for the eligible project. “Eligible costs” do not include costs paid or incurred for any of the following: (A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. (B) Repair, including repair of earthquake damage. (C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, or change of use or occupancy. (D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. (E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified residential property owner or qualified small business and any other party, including a tenant, insurer, or lender. (F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. (G) Bracing or securing nonpermanent building contents. (H) The offset of costs, reimbursements, or other costs transferred from the qualified residential property owner or qualified small business to others. (3) “Eligible project” means seismic retrofit construction that is necessary to ensure that the qualified building is capable of substantially mitigating seismic damage, and the financing necessary to pay eligible costs of the project. (4) “Qualified building” means a residential or commercial building that is identified by the local building code official for the jurisdiction in which the building is located as a building in need of seismic retrofitting and is either a building of a type that is potentially vulnerable in the event of a catastrophic earthquake or a building constructed before 1981. (5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed two hundred fifty thousand dollars ($250,000). (6) “Qualified small business” means a business referred to in subdivisions (i) and (m) of Section 44559.1 that owns a qualified building regardless of owner occupancy, notwithstanding the restriction on passive real estate ownership in subparagraph (B) of paragraph (2) of subdivision (j) of Section 44559.1. (7) “Qualified residential property owner” means either an owner of a residential building that is a qualified building or a qualified small business that owns one or more residential buildings, including a multiunit housing building, that is a qualified building, notwithstanding the restriction on passive real estate ownership in subparagraph (B) of paragraph (2) of subdivision (j) of Section 44559.1. (c) (1) The California Seismic Safety Capital Access Loan Program Fund is established in the State Treasury and shall be administered by the authority pursuant to Sections 44548 and 44549 for this program. For purposes of this section, the references in Sections 44548 and 44549 to “small business” shall include “qualified residential property owner,” as defined in this section. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. (2) All moneys in the fund derived from any source shall be held in trust for the life of this program, for program expenditures and costs of administering this section, as follows: (A) Program expenditures shall include both of the following: (i) Contributions paid by the authority in support of qualified loans. (ii) Costs for a qualified expert to validate that the proceeds of the loans are eligible costs, as defined under this section. (iii) Reasonable costs to educate the small business community, residential property owners, and participating lenders about the program, including travel within the state. (B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: (i) Personnel costs. (ii) Service and vending contracts, other than program expenditures described in subparagraph (A), that are necessary to carry out the program. (iii) Other reasonable direct and indirect administrative costs. (3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the 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 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund. (d) The authority shall adopt regulations pursuant to Section 44520 to implement the program, including, but not limited to, provisions to: (1) Establish a new loss reserve account for each participating lender enrolling loans in this program. (2) Obtain a certification from each participating lender and qualified small business or qualified residential property owner upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. (3) Contribute an additional incentive from the fund for each loan enrolled for a qualified small business or qualified residential property owner located in a severely affected community. (4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for a qualified small business or qualified residential property owner offered by the authority as long as funds are available for this program. (5) Limit the term of loss coverage for each qualified loan to no more than 10 years. (6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of that loan or after 10 years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. (e) The authority may adopt regulations relating to residential property owner or small business financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5. (Amended by Stats. 2025, Ch. 710, Sec. 14. (AB 786) Effective January 1, 2026.)
  89. 44559.2.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority may enter contracts with financial institutions for the Capital Access Loan Program, and participating institutions must provide required information and reports.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.2. (a) The authority may contract with any financial institution for the purpose of allowing the financial institution to participate in the Capital Access Loan Program established by this article. (b) For purposes of this section, the authority may contract with participating financial institutions and shall utilize a standard form of contract that is reviewed and approved by the Department of General Services. The standard form of contract shall provide for all of the following: (1) The creation of a loss reserve account by the authority for the benefit of the financial institution. (2) The financial institution, qualified business, and the authority will deposit moneys to the credit of the institution’s loss reserve account when the financial institution makes a qualified loan to a qualified business. (3) The liability of the state and the authority to the financial institution under the contract is limited to the amount of money credited to the loss reserve account of the institution. (4) The financial institution shall provide the information that the authority may require, including financial information that is identifiable with, or identifiable from the financial records of a particular customer who is the recipient of a qualified loan. In addition to any other information that the authority may require, the financial institution shall provide the complete North American Industry Classification System (NAICS) for the qualified business, the number of jobs created, the number of jobs retained, and information that provides the precise geographic location of both the qualified business and the borrower, if different. (5) The financial institution will file a report with the executive director setting out a full description of the board of directors, including size, race, ethnicity, and gender. (6) The participating financial institution will require each borrower, prior to receiving a loan under the program, to sign a written representation to the participating financial institution that the borrower has no legal, beneficial, or equitable interest in the nonrefundable premium charges or any other funds credited to the loss reserve account established by the authority for the participating financial institution. (7) Other terms that the authority may require for purposes of this article. (c) A financial institution is not subject to laws restricting the disclosure of financial information when the financial institution provides information to the authority as required by paragraph (4) of subdivision (b). (d) A credit union operating pursuant to a certificate issued under the California Credit Union Law (Division 5 (commencing with Section 14000) of the Financial Code) may participate in the Capital Access Loan Program established pursuant to this article only to the extent participation is in compliance with the California Credit Union Law. Nothing in this article shall be construed to limit the authority of the Commissioner of Financial Institutions to regulate credit unions subject to the commissioner’s jurisdiction under the California Credit Union Law. (e) Any individual, company, corporation, institution, utility, government agency, or other entity, including any consortium of these persons or entities, whether public or private, may participate in the Capital Access Loan Program established pursuant to this article by depositing funds in the California Capital Access Fund under those terms and conditions as may be deemed appropriate by the authority. (Amended by Stats. 2011, Ch. 483, Sec. 3. (AB 901) Effective January 1, 2012.)
  90. 44559.3.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority must set up a loss reserve account for each contracted financial institution, may maintain such accounts under its own policies, may withdraw earned interest for program costs, and participating financial institutions may not deposit more than $100,000 over three years for the same borrower group.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.3. (a) The authority shall establish a loss reserve account for each financial institution with which the authority makes a contract. (b) The loss reserve account for a financial institution shall consist of moneys paid as fees by borrowers and the financial institution, moneys transferred to the account from a small business assistance fund, any matching federal moneys, and any other moneys provided by the authority or other source. (c) Notwithstanding any other law, the authority may establish and maintain loss reserve accounts with any financial institution under any policies the authority may adopt. (d) All moneys in a loss reserve account established pursuant to this article are the exclusive property of, and solely controlled by, the authority. Interest or income earned on moneys credited to the loss reserve account shall be deemed to be part of the loss reserve account. The authority may withdraw from the loss reserve account all, or a portion of, the interest or other income that has been credited to the loss reserve account. Any withdrawal made pursuant to this subdivision may be made prior to paying any claim and shall be used for the sole purpose of offsetting costs associated with carrying out the program, including administrative costs and loss reserve account contributions. (e) The combined amount to be deposited by the participating financial institution into any individual loss reserve account over a three-year period, in connection with any single borrower or any group of borrowers among which a common enterprise exists, shall be not more than one hundred thousand dollars ($100,000). (Amended by Stats. 2011, Ch. 484, Sec. 2. (AB 981) Effective January 1, 2012.)
  91. 44559.4.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    Financial institutions in this loan program must give written notice to the authority within 15 days after making an enrolled loan, and several fee and transfer rules apply.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.4. (a) If a financial institution that is participating in the Capital Access Loan Program established pursuant to this article decides to enroll a qualified loan under the program in order to obtain the protection against loss provided by its loss reserve account, it shall notify the authority in writing on a form prescribed by the authority, within 15 days after the date on which the loan is made, of all of the following: (1) The disbursement of the loan. (2) The dollar amount of the loan enrolled. (3) The interest rate applicable to, and the term of, the loan. (4) The amount of the agreed upon premium. (b) The executive director may authorize an additional five days for a financial institution to submit the written notification described in subdivision (a) to the authority on a loan-by-loan basis for a reason limited to conditions beyond the reasonable control of the financial institution. (c) The financial institution may make a qualified loan to be enrolled under the program to an individual, or to a partnership or trust wholly owned or controlled by an individual, for the purpose of financing property that will be leased to a qualified business that is wholly owned by that individual. In that case, the property shall be treated as meeting the requirements of paragraph (1) of subdivision (i) of Section 44559.1. (d) When making a qualified loan that will be enrolled under the program, the participating financial institution shall require the qualified business to which the loan is made to pay a fee of not less than 2 percent of the principal amount of the loan, but not more than 31/2 percent of the principal amount. The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower. The financial institution shall deliver the fees collected under this subdivision to the authority for deposit in the loss reserve account for the institution. The financial institution may recover from the borrower the cost of its payments to the loss reserve account through the financing of the loan, upon the agreement of the financial institution and the borrower. The financial institution may cover the cost of borrower payments to the loan loss reserve account. (e) When depositing fees collected under subdivision (d) to the credit of the loss reserve account for a participating financial institution, the authority shall do the following: (1) If matching funds are not available under a federal capital access program or other source, the authority shall transfer to the loss reserve account an amount that is not less than the amount of the fees paid by the participating financial institution. However, if the qualified business is located within a severely affected community, the authority shall transfer to the loss reserve account an amount not less than 150 percent of the amount of the fees paid by the participating financial institution. (2) If matching funds are available under a federal capital access program or other source, the authority shall transfer, on an immediate or deferred basis, to the loss reserve account the amount required by that federal program or other source. However, the total amount deposited into the loss reserve account shall not be less than the amount which would have been deposited in the absence of matching funds. (f) This section shall become operative on April 1, 2017. (Amended (as added by Stats. 2012, Ch. 274, Sec. 2) by Stats. 2016, Ch. 86, Sec. 192. (SB 1171) Effective January 1, 2017. Section operative April 1, 2017, by its own provisions.)
  92. 44559.5.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority must set procedures for reimbursement claims, and participating financial institutions may claim reimbursement for qualifying loan-default losses if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.5. (a) The authority shall establish procedures under which financial institutions participating in the program established pursuant to this article may submit claims for reimbursement for losses incurred as a result of qualified loan defaults. A participating financial institution that charges off all or part of an enrolled loan to the loss reserve account may file a claim for reimbursement with the authority if both of the following conditions are met: (1) The claim occurs contemporaneously with the action of the participating financial institution to charge off all or part of the loan. (2) The charge off on an enrolled loan is made in a manner that is consistent with the participating financial institution’s usual method for making determinations on business loans that are not enrolled loans. (b) Costs for which a financial institution may be reimbursed from its loss reserve account include the amount of loan principal charged off, accrued interest on the principal, reasonable out-of-pocket expenses incurred in pursuing its collection efforts, including preservation of collateral, and any other related costs. Proper documentation of the expenses shall be presented at the time of the claim. (c) If a participating financial institution files two or more claims contemporaneously, and there are insufficient funds in the reserve fund at that time to cover the entire amount of such claims, the institution may designate the order of priority in which the claims shall be paid. (d) A financial institution may seek reimbursement of loan losses prior to the liquidation of collateral from defaulted loans. The financial institution shall repay its loss reserve account for any moneys received as reimbursement under this section if the financial institution recovers moneys from the borrower or from the liquidation of collateral for the defaulted loan, less any reasonable out-of-pocket expenses incurred in collection of such amount. (e) In any case in which the payment of a claim under this section has fully covered a participating financial institution’s loss on an enrolled loan, the participating financial institution shall assign to the authority, and to any applicable federal agency in the event federal matching funds are involved, any right, title, or interest to any collateral, security, or other right of recovery in connection with a loan made under the program. (f) The executive director may adopt necessary rules for the authority to carry out its duties, functions, and powers relating to the program established pursuant to this article. (Added by Stats. 1993, Ch. 1164, Sec. 4. Effective January 1, 1994.)
  93. 44559.6.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority must prepare an annual report to the Governor and the Legislature about the capital access loan program for small businesses.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.6. The authority shall annually prepare a report to the Governor and the Legislature that describes the financial condition and programmatic results of the capital access loan program for small businesses authorized under this article. Programmatic results shall include, but not be limited to, the total number of businesses served, jobs created, jobs retained, the geographic distribution of the loans, and the breakdown of businesses served by industry sector for all new loans issued since the report for the prior year. (Amended by Stats. 2011, Ch. 483, Sec. 4. (AB 901) Effective January 1, 2012.)
  94. 44559.7.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority may make agreements with banks, financial institutions, or state agencies to help carry out the program, including loan origination and servicing.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.7. The authority may enter into agreements with commercial banks or other financial institutions, or with other agencies of the state, to provide necessary assistance in carrying out the program authorized by this article, including origination and servicing of loans. (Added by Stats. 1993, Ch. 1164, Sec. 4. Effective January 1, 1994.)
  95. 44559.8.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority may support a secondary market for enrolled capital access loans by providing security for the loans.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.8. Notwithstanding this article, the authority may facilitate the development of a secondary market for a loan enrolled in the capital access loan program by providing security for that loan, thereby increasing participation in the program by financial institutions and improving access to capital for small businesses. For purposes of this section, the actions that the authority may take include, but are not necessarily limited to, assigning all, or a portion of, any loss reserve account to any other entity in connection with providing security for a loan, including a trustee of a securitization trust, transferring an enrolled loan from a participating financial institution to a securitization trust, and assisting underwriters in marketing a loan to the secondary market. (Added by Stats. 1999, Ch. 756, Sec. 4. Effective October 10, 1999.)
  96. 44559.9.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. )

    Verify source ↗

    The authority must expand the Capital Access Loan Program to include outreach to financial institutions that serve agricultural interests in the state.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. California Pollution Control Financing Authority [44500 - 44559.14] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Capital Access Loan Program for Small Businesses [44559 - 44559.14] ( Article 8 added by Stats. 1993, Ch. 1164, Sec. 4. ) ## 44559.9. The authority shall expand the Capital Access Loan Program established by this article to include outreach to financial institutions that service agricultural interests in the state for the purpose of funding air pollution control measures. (Added by Stats. 2003, Ch. 479, Sec. 13. Effective January 1, 2004.)
  97. 44560.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This division must be interpreted liberally to carry out its purposes.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 44560. This division, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Added by Stats. 1975, Ch. 957.)
  98. 44561.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section lets pollution control projects and related bonds proceed under this division without following other laws, except where this division says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 44561. (a) This division provides a complete, additional, and alternative method for the doing of the things authorized by this division, and is supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this division need not comply with any other law applicable to the issuance of bonds including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code. In the construction and acquisition of a project pursuant to this division, the authority need not comply with any other law applicable to the construction or acquisition of public works, except as specifically provided in this division. Pollution control facilities and projects may be acquired, constructed, completed, repaired, altered, improved, or extended, and bonds may be issued for any of those purposes under this division, notwithstanding that any other law may provide for the acquisition, construction, completion, repair, alteration, improvement, or extension of like pollution control facilities or for the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. (b) Except as provided in subdivision (a), the financing of a project pursuant to this division shall not exempt a project from any requirement of law that is otherwise applicable to the project, and the applicant shall provide documentation, before the authority approves the issuance of bonds for the project, that the project has complied with Division 13 (commencing with Section 21000) of the Public Resources Code, or is not a project under that division. (Amended by Stats. 2006, Ch. 714, Sec. 6. Effective September 29, 2006.)
  99. 44562.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    California pledges not to limit or alter certain authority rights while the related obligations or contracts remain outstanding, unless adequate legal protection is provided.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 44562. The State of California does hereby pledge to and agree with the holders of any obligations issued under this division, and with those parties who may enter into contracts with the authority pursuant to the provisions of this division, that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, provided nothing herein contained shall preclude such limitation or alteration if and when adequate provision shall be made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority. The authority as agent for the state is authorized to include this pledge and undertaking for the state in such obligations or contracts. (Added by Stats. 1975, Ch. 957.)
  100. 44563.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If this division conflicts with another statute on financing pollution control facilities, this division controls.

    ## Health and Safety Code - HSC ## DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500 - 44563] ( Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Supplemental Provisions [44560 - 44563] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 44563. To the extent that the provisions of this division, with respect to the financing of pollution control facilities, are inconsistent with the provisions of any general statute or special act or parts thereof, with respect to the financing of pollution control facilities, the provisions of this division shall be deemed controlling. (Added by Stats. 1975, Ch. 957.)
  101. 4600.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This chapter is to be known as the Community Facilities Law of 1911.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4600. This chapter shall be known as the Community Facilities Law of 1911. (Amended by Stats. 1970, Ch. 420.)
  102. 46000.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The section says Californians are entitled to a peaceful and quiet environment free from harmful noise.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 46000. The Legislature hereby finds and declares that: (a) Excessive noise is a serious hazard to the public health and welfare. (b) Exposure to certain levels of noise can result in physiological, psychological, and economic damage. (c) There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas. (d) Government has not taken the steps necessary to provide for the control, abatement, and prevention of unwanted and hazardous noise. (e) The State of California has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise. (f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare. (g) It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such action as will be necessary to achieve the purposes of this section. (Added by Stats. 1975, Ch. 957.)
  103. 46001.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section says the Noise Control Act does not limit or expand certain existing powers and rights.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 46001. No provision of this division or ruling of the Office of Noise Control is a limitation or expansion: (a) On the power of a city, county, or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations. (b) On the power of any city, county, or city and county to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General, at the request of the office, the state department, or upon his own motion to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance or to protect the natural resources of the state. (d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer. (e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution. (Added by Stats. 1975, Ch. 957.)
  104. 46002.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section says the Office of Noise Control is not given authority or responsibility to adopt or enforce noise-emission standards for products already regulated, or that could be regulated, by the EPA under the Noise Control Act of 1972.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. Findings, Declarations, and Intent [46000 - 46002] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 46002. Nothing in this division shall be construed as giving the Office of Noise Control authority or responsibility for adopting or enforcing noise-emission standards for any product for which a regulation has been, or could be, prescribed or promulgated by the Environmental Protection Agency under the Noise Control Act of 1972. (Added by Stats. 1975, Ch. 957.)
  105. 4601.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says the article’s definitions control how this chapter is read, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4601. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1963, Ch. 756.)
  106. 46010.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Short Title [46010- 46010.] ( Chapter 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This division is named the California Noise Control Act of 1973 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Short Title [46010- 46010.] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## 46010. This division shall be known and may be cited as the California Noise Control Act of 1973. (Added by Stats. 1975, Ch. 957.)
  107. 4602.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “city” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602. “City” means the city in which the district is located. If a district is not entirely within the boundaries of a single city, “city” means the initiating city. (Added by Stats. 1963, Ch. 756.)
  108. 4602.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “District” is defined as a district formed under this chapter or under a law it supersedes.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602.1. “District” means any district which is formed pursuant to this chapter or pursuant to any law which it supersedes. (Added by renumbering Section 4600 by Stats. 1963, Ch. 756.)
  109. 4602.2.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “Governing body” means the city council or other legislative body of the city.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602.2. “Governing body” means the city council or other legislative body of the city. (Added by Stats. 1963, Ch. 756.)
  110. 4602.3.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “initiating city” for district-formation proceedings.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602.3. “Initiating city” means the city whose governing body initiated the proceeding for the formation of a district which is not entirely within the boundaries of a single city. (Added by Stats. 1963, Ch. 756.)
  111. 4602.4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “improvement” to include specified sewer, sewage treatment, storm water, flood control, waterworks, related works, and needed property.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602.4. Improvement means any or all of the following: (a) The acquisition or construction of sanitary sewers of all types, including, but not limited to, outfall, trunk, intercepting, connecting, lateral, and house connection sewers. (b) The acquisition or construction of sewage treatment plants, works, or systems. (c) The acquisition or construction of other improvements, works, or system for the collection, transmission, treatment, or disposal of sewage or industrial waste. (d) The acquisition or construction of sewers, drains, pipelines, conduits, culverts, or ditches for the collection, transmission, or disposal of surface or storm water. (e) The acquisition or construction of other improvements, works, or system for the purpose of surface or storm water drainage or for the purpose of flood control. (f) The acquisition, construction, or extension of waterworks, water systems or water distribution systems. (g) The acquisition or construction of works or improvements appurtenant or related to any of the works, improvements, or systems described in subdivisions (a) to (f), inclusive. (h) Additions to, or the reconstruction or improvement of, any of the works, improvements, or systems described in subdivisions (a) to (g), inclusive. (i) The acquisition of any land, rights-of-way, capacity rights, rights of use, or other property needed for any of the works, improvements, or systems described in subdivisions (a) to (h), inclusive. (Added by Stats. 1986, Ch. 195, Sec. 34.)
  112. 4602.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In certain cities, “improvement” includes community-center-type public buildings and related land or property; the governing body may also exclude territory from a proposed district at the hearing if the area would not benefit from the proposed improvements.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4602.5. In cities within a county of the 20th class, as defined in Section 28041 of the Government Code, improvement shall also mean the acquisition, construction, maintenance, and operation of any public buildings which would serve as a community center facility, including, but not limited to, an exhibition building, an auditorium, a stadium, and a sports arena; and the acquisition and improvement of any land, rights-of-way, rights of use, or other property needed for any of the improvements described in this section, or for offstreet parking facilities therefor. For the purposes of this section, at the hearing held pursuant to Section 4611, the governing body may exclude from the proposed district any territory the inhabitants of which would not be benefited by the proposed improvements as finally determined. (Added by Stats. 1986, Ch. 195, Sec. 35.)
  113. 46020.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This chapter’s definitions control how words in the division are interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46020. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the words used in this division. (Added by Stats. 1975, Ch. 957.)
  114. 46021.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “local agency” to include counties, cities, city and counties, school districts, municipal corporations, districts, political subdivisions, and their boards, commissions, agencies, or other local public agencies.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46021. “Local agency” means and includes every local agency, including a county, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. (Added by Stats. 1975, Ch. 957.)
  115. 46022.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “noise” as excessive undesirable sound, including sound from people, animals, equipment, vehicles, aircraft, appliances, and engines.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46022. “Noise” means and includes excessive undesirable sound, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, boats, aircraft, home appliances, electric motors, combustion engines, and any other noise-producing objects. (Added by Stats. 1975, Ch. 957.)
  116. 46023.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    “Office” means the Office of Noise Control.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46023. “Office” means the Office of Noise Control. (Added by Stats. 1975, Ch. 957.)
  117. 46024.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “public agency” to include every state agency and every local agency.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46024. “Public agency” means and includes every state agency and every local agency. (Added by Stats. 1975, Ch. 957.)
  118. 46025.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “State agency” to include state offices, officers, departments, divisions, bureaus, boards, councils, commissions, and other state agencies.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Definitions [46020 - 46025] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 46025. “State agency” means and includes every state office, officer, department, division, bureau, board, council, commission, or other state agency. (Added by Stats. 1975, Ch. 957.)
  119. 4603.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says the chapter is an alternate way to carry out sewer work or improvements, and city governing bodies may use it or other law for additional improvements.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 1. Definitions and General Provisions [4600 - 4603] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4603. This chapter does not affect any other law under which improvements may be made within or by any city but it provides an alternate system of proceedings for sewer work or improvement. Improvements may be made either pursuant to this chapter, or pursuant to any other law. If, however, any proceedings are commenced pursuant to this chapter, its provisions apply to any improvement made under those proceedings until such improvement is completed. If, after an improvement has been made pursuant to this chapter, the governing body of any city determines that it is necessary or convenient to make any additional improvement, the governing body may proceed to do so either pursuant to this chapter or under any other appropriate law. If the additional improvement is made pursuant to this chapter for the same district, the procedure shall be the same as that which is provided under this chapter for the making of the initial improvement. It is not necessary to reform the district if the governing body finds, following the hearing which is provided for by Section 4611 that the additional improvement is of benefit to the entire district which was previously formed under this chapter as such district is then constituted. As an alternative method, the governing body may make such additional improvement by forming a new district pursuant to this chapter which may include, in whole or in part, territory which is included in any district previously formed pursuant to this chapter. (Amended by Stats. 1965, Ch. 828.)
  120. 46040.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Establishment of Office [46040- 46040.] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state department includes an Office of Noise Control.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Establishment of Office [46040- 46040.] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 46040. There is within the state department an Office of Noise Control. (Added by Stats. 1975, Ch. 957.)
  121. 4605.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city’s governing body may create an improvement district when it decides the district is necessary or convenient for an authorized improvement.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4605. The governing body of any city may create an improvement district within the city pursuant to this chapter whenever in its judgment the district is necessary or convenient for any improvement authorized by this chapter. (Amended by Stats. 1970, Ch. 420.)
  122. 46050.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Duties of the Office [46050 - 46050.1] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office must establish and maintain a noise control program.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Duties of the Office [46050 - 46050.1] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 46050. The office shall, in order to protect health and well-being establish and maintain a program on noise control, including but not limited to: (a) Determining the psychological and physical health effects of noise. (b) Determining the physiological effects of noise upon plant and animal life. (c) Monitoring noise. (d) Collecting and disseminating authoritative information on adverse effects of noise and of means for its control. (e) Developing, in cooperation with local governments, model ordinances for urban, suburban, and rural environments. (f) Providing assistance to local governmental entities engaged in developing and implementing noise abatement procedures. (g) Developing criteria and guidelines for use in setting standards for human exposure to noise. (h) Developing standards for the use of noise-producing objects in California. (i) Developing criteria for submission to the Legislature so that state agencies may require noise control in equipment purchased for state use. (Added by Stats. 1975, Ch. 957.)
  123. 46050.1.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Duties of the Office [46050 - 46050.1] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office must adopt noise-element guidelines, working with the Office of Planning and Research and other state departments or agencies as appropriate.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Duties of the Office [46050 - 46050.1] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 46050.1. Notwithstanding Section 65040.2 of the Government Code, the office shall adopt, in coordination with the Office of Planning and Research and each state department and agency as it deems appropriate, guidelines for the preparation and content of noise elements as required by Section 65302 of the Government Code. In adding Section 39850.1 to the Health and Safety Code, which was the predecessor to this section, and amending Section 65302 of the Government Code by Chapter 1124 of the Statutes of 1975, it was the intent of the Legislature to ensure, insofar as possible, that new and periodically revised noise elements in local governments’ general plans be more standardized, comprehensive, and utilitarian than they had been previously. However, the Legislature also recognized that some cities and counties had already adopted noise elements pursuant to the existing Section 65302 of the Government Code and that others had received extensions on the due date of their noise element until September 20, 1975. Those cities and counties were not required to resubmit new noise elements consistent with Section 65302 of the Government Code, or to recognize guidelines adopted pursuant to this section, but are required, upon initial and periodic revision of the noise element, to comply with Section 65302 of the Government Code and to recognize those guidelines. The requirement that the office adopt guidelines for the preparation and content of noise elements shall be inoperative during the 1993–94 fiscal year. (Amended by Stats. 1993, Ch. 60, Sec. 6. Effective June 30, 1993.)
  124. 4606.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district may be formed to carry out improvements and to incur debt to pay the related costs and expenses.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4606. A district may be formed to make any improvement and to provide for the incurring of indebtedness to pay for the costs and expenses of such improvement. (Amended by Stats. 1965, Ch. 828.)
  125. 46060.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This chapter states that local noise ordinances should be encouraged and that the state should help local agencies with technical and legal expertise.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 46060. It is the purpose of this chapter to encourage the enactment and enforcement of local ordinances in those areas which are most properly the responsibility of local government. It is further the purpose to insure that the state is of maximum assistance to local agencies in the discharge of those responsibilities, furnishing technical and legal expertise to assist local agencies in the enactment and enforcement of meaningful and technically sufficient noise abatement measures. (Added by Stats. 1975, Ch. 957.)
  126. 46061.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office must provide technical assistance to local agencies to help combat noise pollution.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 46061. The office shall provide technical assistance to local agencies in combating noise pollution. Such assistance shall include but not be limited to: (a) Advice concerning methods of noise abatement and control. (b) Advice on training of noise control personnel. (c) Advice on selection and operation of noise abatement equipment. (Added by Stats. 1975, Ch. 957.)
  127. 46062.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office must help local agencies prepare model noise-control ordinances, and local agencies that adopt such ordinances must promptly send a copy to the office.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Assistance to Local Agencies [46060 - 46062] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 46062. The office shall provide assistance to local agencies in the preparation of model ordinances to control and abate noise. Such ordinances shall be developed in consultation with the Attorney General and with representatives of local agencies, including the County Supervisors Association of California and the League of California Cities. Any local agency which adopts any noise control ordinance shall promptly furnish a copy to the office. (Added by Stats. 1975, Ch. 957.)
  128. 4607.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city governing body may adopt a resolution for an improvement when it finds the public interest or convenience requires it, but the resolution must pass by at least a two-thirds vote and include a general description and total dollar cost estimate.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4607. Whenever the governing body of a city determines that the public interest or convenience requires the making of any improvement in any part of the territory of the city, it may pass a resolution to that effect. The resolution shall be passed by a vote of at least two-thirds of the members of the governing body. It shall describe the improvement in general terms. For the purpose of such description, reference may be made to maps, plats, plans, or other documents on file in the office of the clerk of the city. Any improvements may be combined into a single project, the indebtedness for which is to be submitted to the electors as a single proposition. The resolution shall also contain the total dollar amount of a general estimate of the costs and expenses of the proposed improvement. In arriving at such estimate, the governing body may include the estimated amounts of any or all of the items which are set forth in Section 4625. The resolution need not, however, itemize or separately state any of the items included in the costs and expenses. (Amended by Stats. 1965, Ch. 828.)
  129. 46070.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The director must coordinate state agency noise programs, and state agencies must provide requested information to the director.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46070. The director shall promote coordination of the programs of all state agencies relating to noise research, abatement, prevention, and control. Each state agency shall, upon request, furnish to the director such information as he may reasonably require to determine the nature, scope, and results of the noise research and noise control programs of the agency. (Added by Stats. 1975, Ch. 957.)
  130. 46071.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The director must regularly consult appropriate state agencies, then compile and publish a report on state noise research and noise control activities.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46071. On the basis of regular consultation with appropriate state agencies, the director shall compile and publish, from time to time, a report on the status and progress of state activities relating to noise research and noise control. This report shall describe the noise programs of each state agency and assess the contributions of those programs to the state’s overall efforts to control noise. (Added by Stats. 1975, Ch. 957.)
  131. 46072.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A state agency that is causing or sponsoring noise that the director treats as a public nuisance or otherwise objectionable must consult with the director about ways to reduce the noise.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46072. In any case where any state agency is carrying out or sponsoring any activity resulting in noise which the director determines amounts to a public nuisance or is otherwise objectionable, such agency shall consult with the director to determine possible means of abating such noise. This section does not apply to any action of a private person for which a license, permit, or other entitlement for use is required to be issued by a state agency. (Added by Stats. 1975, Ch. 957.)
  132. 46073.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    State agencies must run the programs they control in a way that furthers the policy in Section 46000, as long as that is consistent with existing authority.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46073. The Legislature authorizes and directs that all state agencies shall, to the fullest extent consistent with existing authority, administer the programs within their control in such a manner as to further the policy declared in Section 46000. This section shall not be construed to limit or expand the authority of any state agency to issue or deny a license, permit, or other entitlement for use. (Added by Stats. 1975, Ch. 957.)
  133. 46074.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    State agencies that can adopt noise-control regulations must give the office notice and invite its comments on proposed adoptions, amendments, or repeals.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46074. Each state agency authorized to adopt regulations in the area of noise control shall in the manner specified in subdivision (c) of Section 11423 of the Government Code give notice to and invite the comments of the office concerning any proposed adoption, amendment, or repeal of a regulation in the area of noise control. (Added by Stats. 1975, Ch. 957.)
  134. 46075.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office may ask any public agency to adopt noise-control regulations or other measures if allowed by Section 11426 of the Government Code or other applicable law.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46075. In accordance with the provisions of Section 11426 of the Government Code or other applicable law, the office may petition any public agency for the adoption of regulations or other measures otherwise within the authority of that public agency in the area of noise control. (Added by Stats. 1975, Ch. 957.)
  135. 46076.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Office of Noise Control must run a program to keep state agencies informed about available federal help and funding for noise control programs.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46076. The Office of Noise Control shall maintain a program to insure that all state agencies are advised of available federal assistance and funds for noise control programs. The office may, at the request of individual agencies, act for them for the following purposes: (a) Applying for federal funds which may be made available to the states for noise control programs or related research as a result of the Noise Control Act of 1972 (P.L. 92-574) or any other federal program or law. (b) Receiving technical assistance from the Environmental Protection Agency to facilitate the development and enforcement of state noise standards and model noise legislation. (Added by Stats. 1975, Ch. 957.)
  136. 46077.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The office must maintain a program for coordinating state and federal noise control efforts.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Coordination of State and Federal Activities [46070 - 46077] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 46077. The office shall maintain a program to ensure coordinated state and federal noise control programs including, but not limited to, the following: (a) The study of federal noise regulations proposed for adoption pursuant to the Noise Control Act of 1972. (b) The preparation of comments, evaluations, objections or the use of any other means to ensure that the federal government considers existing California noise control statutes and regulations prior to the adoption of regulations in order to prevent the adoption of federal noise regulations weaker than existing state standards. (Amended by Stats. 2001, Ch. 745, Sec. 138. Effective October 12, 2001.)
  137. 46080.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Research and Public Information [46080- 46080.] ( Chapter 8 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The director may conduct and fund noise research, coordinate with other government noise research programs, and share noise information with the public.

    ## Health and Safety Code - HSC ## DIVISION 28. NOISE CONTROL ACT [46000 - 46080] ( Division 28 repealed (comm. with Section 39800) and added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Research and Public Information [46080- 46080.] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## 46080. In furtherance of his responsibilities under this division and to complement, as necessary, the noise research programs of federal agencies and of other state agencies, the director is authorized to: (a) Conduct research, and finance research by contract with other public and private bodies, on the effects, measurement, and control of noise, including but not limited to: (1) Investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and determination of acceptable levels of noise on the basis of such effects. (2) Development of improved methods and standards for measurement and monitoring of noise. (3) Determination of the most effective and practicable means of controlling noise generation, transmission, and reception. (b) Coordinate with and become knowledgeable concerning the noise research programs of other governmental entities including the federal government. (c) Disseminate to the public information on the effects of noise, acceptable noise levels, and techniques for noise measurement and control. (Added by Stats. 1975, Ch. 957.)
  138. 4609.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A resolution forming a district must describe the district, name it, state the benefit, and set a hearing time and place for objections.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4609. The resolution shall do all of the following: (a) Describe the boundaries of the proposed district. The district may consist of two or more noncontiguous parcels. (b) Designate the district by a distinctive name and number. (c) Declare the district to be the district benefited by the proposed improvement. (d) Name a time and place for the hearing of objections by any person interested in the formation of the district, in the inclusion within the district of any land within the boundaries described in the resolution or in the making of the proposed improvement. (Amended by Stats. 1965, Ch. 828.)
  139. 4610.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The resolution and voting-member names must be published in a qualifying newspaper once a week for at least two weeks, with the first publication 30 to 60 days before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4610. The resolution, together with the names of the members of the governing body voting for and against it shall be published once a week for at least two successive weeks in a newspaper of general circulation printed and published in the city. The first publication shall not be more than 60 nor less than 30 days prior to the date fixed for the hearing. If there is no newspaper of general circulation printed and published in the city, the resolution shall be so published in a newspaper of general circulation printed and published in the county in which the city is located. (Amended by Stats. 1963, Ch. 756.)
  140. 4610.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The resolution must be posted in three public places in the proposed district and mailed to listed landowners and interested persons within 60 to 30 days before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4610.5. Copies of the resolution shall also be posted in three public places within the proposed district not earlier than the 60th day or later than the 30th day prior to the hearing. Not earlier than 60 nor later than 30 days prior to the hearing, a copy of the resolution shall also be mailed, postage prepaid, to each person to whom land in the proposed district is assessed as such owner is shown on the last equalized county assessment roll, at his address as shown upon the roll, and to each person who has any interest in any land within the proposed district whose name and address and a designation of the land in which he is interested is on file in the office of the city clerk. Any error, omission, or mistake in such mailing, or any failure of any person to receive such copy shall not invalidate the proceedings pursuant to this chapter. (Added by Stats. 1963, Ch. 756.)
  141. 4611.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body must hear objections at the hearing, may change the improvement and exclude unbenefited territory, and must not let the changed costs exceed 10% above the amount from Section 4607.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4611. On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider all written and oral objections presented to the formation of the district, the inclusion of any lands in the district, or the making of the improvement which is proposed. At the hearing, the governing body may make changes in the improvement but the estimated costs and expenses of the improvement as changed, as determined by the governing body at the time of the change, shall not exceed by more than 10 percent the amount determined under Section 4607. At the hearing, the governing body may exclude from the district any territory that in its opinion would not be benefited by the improvement as finally determined. The governing body shall not, however, modify the boundaries of the proposed district so as to exclude from it any land which would in the judgment of the governing body be benefited by the improvement as finally determined nor shall the governing body include in the proposed district any lands which will not in its judgment be so benefited. (Amended by Stats. 1965, Ch. 828.)
  142. 4611.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may add territory to a district at a hearing if the owners request it in writing or it has adopted a resolution of intention.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4611.5. At the hearing, the governing body may add territory to the district if the owners of all of the land in the territory which is proposed to be added to the district have requested such addition in writing, or the governing body has first adopted a resolution of intention to do so. The resolution shall describe the boundaries of the territory which is proposed to be added to the district and shall state the time and place to which the hearing will be continued for the purpose of hearing objections to the proposed addition. Not later than 20 days before the time of such continued hearing, a copy of such resolution shall be mailed, postage prepaid, to each person to whom land in the territory which is proposed to be added to the district is assessed, as such owner is shown on the last equalized county assessment roll, at his address as shown upon the roll. A copy of such resolution shall also be mailed to each person who has any interest in any land within such territory whose name and address and a designation of the land in which he is interested is on file in the office of the city clerk. Any error, omission, or mistake in such mailing, or any failure of any person to receive such copy shall not invalidate the proceedings pursuant to this chapter. At the continued hearing, the governing body shall hear all objections to the proposed addition and may then take action adding to the district all or part of the territory which is described in the resolution of intention. (Added by Stats. 1963, Ch. 756.)
  143. 4612.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may establish the district by resolution if two-thirds of its members vote for it, and must record the resolution and vote names in its minutes.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4612. After making all necessary and proper changes in the boundaries, or in the improvement, the governing body may, by a resolution which is passed by a vote of two-thirds of all of its members, establish the district, fix and determine its boundaries, and generally describe the improvement as finally determined. This resolution, together with the names of the members of the governing body voting for and against it shall be spread upon the minutes of the governing body. (Amended by Stats. 1965, Ch. 828.)
  144. 4613.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A certified copy of the resolution establishing the district must be recorded with the county recorder, copies and a map or plat must also be filed with specified local and state offices, and challenges to the district’s validity must be filed within 60 days after recordation.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2. Formation [4605 - 4613] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4613. A certified copy of the resolution which establishes the district shall be recorded in the office of the county recorder. Certified copies of such resolution, together with a map or plat which shows such boundaries, shall also be filed with the county assessor, the county clerk, and the State Board of Equalization. Upon such recordation in the office of the county recorder, the district is organized. No action or proceeding which contests the validity of the district or its organization shall be had or taken in any court, state or federal, unless it is commenced within 60 days from the date of the recordation of the resolution establishing the district in the office of the county recorder. (Added by Stats. 1963, Ch. 756.)
  145. 4614.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    Districts may be formed under this article to make improvements that benefit territory partly inside the initiating city and partly inside another city, an unincorporated area of the same county, or both.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.1. Districts may be formed pursuant to this article for the purpose of making any improvement which will be of benefit to territory partially within the initiating city and partially within any other city or within unincorporated area of the same county, or both. (Amended by Stats. 1965, Ch. 828.)
  146. 4614.11.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    After a district is formed, it is governed by the initiating city’s governing body, which may manage district affairs and related financing and improvements.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.11. Upon the formation of any district pursuant to this article, the district shall be governed by and under the jurisdiction of the governing body of the initiating city. The governing body of the initiating city may conduct all of the affairs of the district, call and hold bond elections in the district, construct all improvements in the district, cause taxes to be levied and collected upon all taxable property in the district, and pass such necessary legislation as may be required for such improvements, with the same force and effect as though all of the area in the district were included within the boundaries of the initiating city. (Amended by Stats. 1970, Ch. 420.)
  147. 4614.13.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    If district bonds are authorized and expected or issued, the initiating city, county auditor, county board, county treasurer, and city treasurer each have specific annual tax-related duties.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.13. If bonds are authorized and are issued or are expected to be issued on behalf of any district which is organized pursuant to this article, the governing body of the initiating city shall, on or before the 15th day of July of each year, certify to the board of supervisors of the county in which the district is located, the amount to be raised for the payment of the principal of and interest on the bonds in accordance with Section 4638 and, if applicable, Section 4639.5. The county auditor shall determine the rate of taxation which shall be clearly sufficient to raise such amount. The county auditor shall compute and enter in a separate column in the county assessment roll the respective sums to be paid as the district tax on the taxable property in the district. The board of supervisors of the county in which the district is located shall, at the time of fixing the general county tax levy and in the manner which is provided for such tax levy, levy and collect each year upon all of the taxable property in the district a tax in accordance with Section 4638 and, if applicable, Section 4639.5. The taxes so levied shall be in addition to all other taxes levied for county or city purposes and in addition to taxes levied pursuant to Section 4614.14 and shall be collected at the same time and in the same manner as county taxes are collected. When such taxes are collected they shall be paid to the county treasurer who shall forthwith remit them to the city treasurer of the initiating city. The taxes are a lien on all taxable property in the district and shall be of the same force and effect as the lien for county taxes. Their collection shall be enforced by the same means as provided for the enforcement of the lien of county taxes. The city treasurer of the initiating city shall hold such taxes in trust, separate and apart from all other city funds and use and apply them solely to the payment of bond principal and interest. (Amended by Stats. 1963, Ch. 756.)
  148. 4614.15.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    This chapter allows two or more cities, or a county board of supervisors, to make co-operation agreements for joint sewage, flood control, or storm water drainage facilities.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.15. This chapter does not prevent two or more cities or the board of supervisors of any county from entering into co-operation agreements for the joint acquisition, construction, or use of joint sanitary sewage facilities, flood control works, and storm water drainage systems. (Amended by Stats. 1963, Ch. 756.)
  149. 4614.2.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    Any city may start proceedings to form a district and make improvements under this article if its governing body decides that doing so is desirable.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.2. Any city may initiate proceedings for the formation of a district and the making of improvements pursuant to this article whenever the governing body of such city determines that it is desirable that a district be organized pursuant to this article. Except as otherwise provided in this article, the procedure for the formation of a district pursuant to this article shall be the same as the procedure which is provided in this chapter where the district is within a single city. (Amended by Stats. 1965, Ch. 828.)
  150. 4614.3.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    If a proposed district includes part of another incorporated city, the initiating city’s governing body must send each affected city a certified copy of its Section 4607 resolution, and it may not form the district unless each such city consents by resolution before the Section 4611 hearing ends.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.3. If the proposed district includes any part of any other incorporated city, the governing body of the initiating city shall file with the governing body of each such other city a certified copy of its resolution adopted pursuant to Section 4607, which resolution shall contain a request that the governing body of each such other city consent to the formation of such district. The governing body of the initiating city shall not form the district unless prior to the conclusion of the hearing which is provided for by Section 4611 the governing body of each city, any part of which is proposed to be included in the district, by resolution, consents to the formation of the district. (Amended by Stats. 1963, Ch. 756.)
  151. 4614.4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    If a district includes county unincorporated territory, the initiating city’s governing body must file a certified resolution with the county board of supervisors, and it may not form the district unless the board consents before the Section 4611 hearing ends.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.4. If any part of the district includes any unincorporated territory of the county, the governing body of the initiating city shall file with the board of supervisors of the county in which such unincorporated territory is situated a certified copy of its resolution adopted pursuant to Section 4607, which resolution shall contain a request that the board of supervisors consent to the formation of such district. The governing body of the initiating city shall not form the district unless prior to the conclusion of the hearing which is provided for by Section 4611 the board of supervisors of the county in which such unincorporated territory is located, by resolution, consents to the formation of the district which will include such unincorporated territory within its boundaries. (Amended by Stats. 1963, Ch. 756.)
  152. 4614.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. )

    Verify source ↗

    After required concurring resolutions are filed, the initiating city’s governing body gets jurisdiction to carry out district formation, but it cannot add territory from another city or unincorporated territory at the hearing unless that addition is separately approved by resolution.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory [4614.1 - 4614.15] ( Article 2a added by Stats. 1956, 1st Ex. Sess., Ch. 8. ) ## 4614.5. Whenever the governing body of each city which is included in whole or in part within the district which is to be organized, and the board of supervisors if the district includes any unincorporated territory, has consented to the formation of the district by filing a resolution of concurrence with the governing body of the initiating city, the governing body of the initiating city has full jurisdiction to proceed with the formation of the proposed district. Upon the filing with the governing body of the initiating city of all necessary concurring resolutions of the governing body of any city or of the board of supervisors of the county, as the case may be, the governing body of the initiating city has the sole and exclusive jurisdiction to proceed with the formation of the district, to conduct all hearings on the formation of the district, to make all necessary changes in the boundaries of the proposed district or improvement, to conduct all proceedings on the formation of the district and to take any other action permitted by this chapter with like force and effect as though such district were wholly within the boundaries of the initiating city. The governing body of the initiating city shall not, however, add to the district at the hearing which is provided for by Section 4611 any territory within another city or within unincorporated territory unless it first obtains a consent to such addition which is expressed by a resolution adopted by the governing body of such other city or by the board of supervisors, as the case may be. (Amended by Stats. 1965, Ch. 828.)
  153. 4615.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may call an election in the district, if it first passes a resolution by a two-thirds vote after the district-establishing resolution has been passed and recorded.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4615. At any meeting after the passage and recording of the resolution establishing the district, the governing body may, by a resolution passed by a vote of two-thirds of all its members, call an election to be held in the district for the purpose of voting on the question of incurring indebtedness for the purpose of making the improvement as finally determined. (Amended by Stats. 1965, Ch. 828.)
  154. 4616.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A resolution calling the special election must include specific details about the district, the improvement, the debt, the interest rate, the election date, and how the election will be held and voted on.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4616. The resolution calling the special election shall do all of the following: (a) Describe the boundaries of the district as finally determined and refer to the district by its name and number. (b) Describe in general terms the improvement as finally determined and state the dollar amount of the estimated cost and expenses of the proposed improvement, which amount shall not exceed by more than 10 percent the amount determined under Section 4607. (c) State the amount of the principal of the indebtedness to be incurred for the purpose of paying the costs and expenses, which amount shall not exceed the estimate under subdivision (b) of this section. (d) State the rate of interest or a maximum rate of interest to be paid on the indebtedness, which rate shall not be more than the rate specified in this chapter. (e) Fix the date on which the special election shall be held. (f) Determine the manner of holding the election, and the manner of voting for or against the incurring of the indebtedness. (Amended by Stats. 1965, Ch. 828.)
  155. 4617.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The election must be conducted like a city general election for matters not covered here or in the resolution, and the district’s voters must be asked to approve the indebtedness measure.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4617. In all particulars not recited in this chapter or in the resolution, the election shall be held as is provided by law for holding general elections in the city. At the election, the measure of incurrring indebtedness for the purposes set forth in the resolution shall be submitted to the voters of the district. (Amended by Stats. 1963, Ch. 756.)
  156. 4618.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The bonded indebtedness interest rate may not exceed 8% per year and is payable semiannually.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4618. The maximum rate of interest to be paid on the bonded indebtedness shall be 8 percent per annum, and shall be payable semiannually. The first interest payable on the bonds or any series of the bonds may, however, be for any period not exceeding one year, as determined by the governing body. (Amended by Stats. 1975, Ch. 130.)
  157. 4619.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Election notice must be published weekly for two weeks in a local newspaper, or posted in three public places if no newspaper is printed and published in the city.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4619. The resolution calling the election shall be published once a week for two successive weeks prior to the date set for the election in a newspaper of general circulation, which is printed and published in the city. The first publication shall be not less than 30 days prior to the date of the election. In any city where no newspaper is printed and published, the resolution shall be posted in three public places in the district not later than 30 days prior to the date set for the election. No other notice of the election need be given. (Amended by Stats. 1963, Ch. 756.)
  158. 4620.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If two-thirds of votes favor the bond measure, the bonds may be issued and the indebtedness incurred. If not, the city’s governing body cannot pass a new resolution calling another election for sewer-related indebtedness within six months after the election.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4620. If two-thirds of the votes cast upon the measure are in favor of the issuance of the bonds, the bonds may be issued and the indebtedness incurred. If less than two-thirds of the votes cast are in favor of the issuance of the bonds, the governing body of the city shall not within six months after the election pass any resolution which calls another election for incurring any indebtedness for sewer work or improvement within that district or in any district which has within its boundaries any of the territory of that district. (Amended by Stats. 1963, Ch. 756.)
  159. 4621.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Bonds under this chapter must follow the governing body’s directions on form, payment, place, and redemption, and the final maturity cannot exceed 40 years.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4621. All bonds issued under this chapter shall be issued in the name of the city in which the district has been formed, or in the name of the initiating city, as the case may be, shall be in such form as the governing body may determine, and shall be payable at the time and in the manner determined by the governing body, at a place within the United States, to be fixed by the governing body and designated in the bonds. The maturity date of a bond need not be an anniversary of its date. The governing body may divide the principal amount of any issue of bonds into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The final maturity date of any issue of bonds, or of any series, shall not exceed 40 years from the date of such bonds, or the date of such series of the bonds. Bonds issued pursuant to this chapter shall not constitute indebtedness within the meaning of Section 29909 or Section 43605 of the Government Code. The governing body may provide for the call and redemption of any bond prior to maturity at such time or times and at such price or prices and upon such other terms as it may specify, but no bond shall be subject to call or redemption prior to maturity unless a statement to that effect is printed on the bond. (Amended by Stats. 1963, Ch. 756.)
  160. 4622.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Bonds may be issued in denominations set by the governing body, and must carry the required city signatures and countersignatures.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4622. The bonds shall be issued in any denominations which the governing body may determine. The bonds shall be signed by the mayor, or by such other officer of the city as shall be designated for that purpose by the governing body by resolution, and shall also be signed by the city treasurer and countersigned by the city clerk or a deputy clerk. The coupons of the bonds shall be numbered consecutively and signed by the treasurer. All signatures and countersignatures on the bonds and coupons, except that of the clerk or his deputy, may be printed, lithographed, or engraved. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature is as valid and sufficient for all purposes, as if he had remained in office. (Amended by Stats. 1963, Ch. 756.)
  161. 4623.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The governing body may issue and sell bonds only at not less than par value, and the sale proceeds must be placed in the city treasury and used only for the purposes named in the election resolution.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4623. The governing body may issue and sell the bonds at not less than their par value. The proceeds of the sale shall be placed in the city treasury to the credit of the proper improvement district fund and shall be applied exclusively to the purposes and objects specified in the resolution calling the election. (Amended by Stats. 1965, Ch. 828.)
  162. 4623.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A governing body may use unexpended bond proceeds for certain sewer-work improvements if stated findings are made first.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4623.1. (a) When the purposes and objects specified in any measure incurring bonded indebtedness submitted at any special election called for that purpose have been accomplished and any proceeds of sale of bonds authorized at the special election remain unexpended, or any bonds authorized at the special election remain unissued and unsold (the unexpended proceeds and the proceeds of sale of the then unissued bonds being hereinafter in this section together referred to as “unexpended bond proceeds”), the unexpended bond proceeds may be applied to payment of the costs (including any or all of the items specified in Section 4625) of any improvements, additions, betterments or extensions (hereinafter in this section collectively referred to as “improvements”) to the sewer work or improvement described in the resolution or ordinance calling the special election if the governing body shall first find and determine that: (1) The improvements are reasonably related to the purposes and objects included within the terms of the bond measure approved at the special election or are necessary to carry out the purposes and objects. (2) The improvements will be acquired or constructed entirely within the area of and will benefit the district as it existed on the date on which the special election was called to authorize the bonds sold, or to be sold, to provide the unexpended bond proceeds. (3) The resolution providing for the issuance of the bonds authorized at the special election and already outstanding does not prohibit, or can be and is amended to permit, the application of the unexpended bond proceeds to payment of the costs of the improvements; and if a hearing is duly called, noticed and held and resolutions are adopted by the governing body as provided in paragraph (b) of this section. (b) Before so applying the unexpended bond proceeds the governing body shall adopt a resolution stating the following: (1) The name and number of the district and a reference by date of adoption to the resolution or resolutions in which the boundaries of the district are set forth. (2) The date of the special election at which the bonds (which provided, or which when sold will provide, the unexpended bond proceeds) were authorized, the aggregate principal amount of bonds outstanding, the amount (if any) of unexpended bond proceeds provided by bonds theretofore sold and the principal amount of authorized, but unissued bonds (if any), proposed to be sold to provide unexpended bond proceeds. (3) A general description of the improvements proposed to be acquired or constructed, the estimated costs thereof and the amount of unexpended bond proceeds to be applied to payment of the costs. (4) A time and place for the hearing of objections to the proposed improvements or to the proposed expenditure of the unexpended bond proceeds by any person who is on the date of the hearing an owner of land or a registered voter within the boundaries of the district as it existed on the date of the special election at which the bonds were authorized. The resolution shall be published, posted and mailed as provided in Sections 4610 and 4610.5 for a resolution relating to formation of a district. On the day fixed for the hearing, or on any date to which the hearing is continued, the governing body shall hear and consider all written and oral objections presented to the proposed improvements or to the proposed expenditure of the unexpended bond proceeds. At the hearing, the governing body may make any changes in the proposed improvements or proposed expenditures as appear necessary in the public interest; and the governing body may not exclude any land from the district and shall abandon the proceedings if it finds that any land within the boundaries of the district as it existed on the date the special election was called will not be benefited by the proposed improvements. At the conclusion of the hearing, if the proceedings are not abandoned and if the governing body overrules all protests and objections and finds that the provisions of this section are complied with, the governing body may by a resolution which is passed by a vote of two-thirds of all its members approve the proposed improvements and proposed expenditure of the unexpended bond proceeds and, if bonds are to be issued and sold, may also, by the resolution provide for the issue and sale of the bonds. (Added by Stats. 1965, Ch. 5.)
  163. 4623.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before selling bonds, the governing body must give notice inviting sealed bids; if bids are satisfactory, the bonds must go to the highest responsible bidder.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4623.5. Before selling the bonds, or any part of the bonds, the governing body shall give notice inviting sealed bids in such manner and for such time as the governing body may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the governing body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the governing body may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1963, Ch. 756.)
  164. 4624.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An action to determine the validity of bonds issued under this chapter may be brought under the referenced civil procedure chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4624. An action to determine the validity of bonds issued pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part 2 of the Code of Civil Procedure. (Amended by Stats. 1963, Ch. 756.)
  165. 4625.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The legislative body may include certain project, financing, and issuance costs when deciding how much bond debt to issue.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3. Issuance of Bonds [4615 - 4625] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4625. In determining the amount of bonds to be issued, the legislative body may include all of the following: (a) All costs and expenses and estimated costs and expenses incidental to or connected with the acquisition, construction, improving, or financing of the improvement. (b) All engineering, inspection, legal, and fiscal agent’s fees, expenses in connection with the formation of the district, costs of the bond election and of the issuance of the bonds, bond reserve funds and working capital, and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. (Amended by Stats. 1965, Ch. 828.)
  166. 4636.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3.5. Performance of Work [4636- 4636.] ( Heading of Article 3.5 added by Stats. 1988, Ch. 160, Sec. 102. )

    Verify source ↗

    City governing bodies may set rules for an improvement and appoint needed staff; in certain charter cities, the public works board or department may do this instead.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 3.5. Performance of Work [4636- 4636.] ( Heading of Article 3.5 added by Stats. 1988, Ch. 160, Sec. 102. ) ## 4636. The governing body of each city in which an improvement is being made or acquired pursuant to this chapter may make all necessary rules and regulations for carrying out and maintaining the improvement, and may appoint all agents, superintendents, and engineers necessary to look after the construction and operation of the improvement. However, in any city operating under a charter framed pursuant to Sections 3 and 5 of Article XI of the California Constitution which has a board or department of public works, the powers and duties of the governing body which are stated in this section may be exercised and performed by the city board or department of public works. (Added by Stats. 1986, Ch. 195, Sec. 36.)
  167. 4638.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. )

    Verify source ↗

    The city governing body must levy and collect an annual tax on taxable property in the district to pay bond interest and certain principal amounts, and in some cases to fund principal through a sinking fund.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. ) ## 4638. Until the bonds are paid, or until there is a sum in the city treasury set aside for the purpose, sufficient to meet all sums coming due for the principal and interest on the bonds, the city governing body shall, at the time of fixing, and in the manner provided for the general city tax levy, levy and collect each year upon the taxable property situated in the district, and upon that property only, a tax sufficient to pay the interest on the bonds as it falls due, and also such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available. However, if the maturity of the indebtedness created by the issuance of the bonds, or any series of the bonds, is made to begin more than two years after date of the bonds or such series, the tax shall be levied and collected annually, sufficient to pay the interest on the indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal on or before maturity. (Amended by Stats. 1963, Ch. 756.)
  168. 4639.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. )

    Verify source ↗

    Taxes levied under Section 4638 must be added to other city taxes and taxes under Section 4640, and their proceeds may be used only to pay principal and interest on the bonds.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. ) ## 4639. The taxes required to be levied and collected by Section 4638 shall be in addition to all other taxes levied for city purposes and in addition to the taxes levied pursuant to Section 4640. The proceeds of such taxes shall be used for no purpose other than the payment of the principal and interest due on the bonds or series of the bonds. (Amended by Stats. 1963, Ch. 756.)
  169. 4639.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. )

    Verify source ↗

    Bonds issued under this chapter are subject to a Government Code chapter, but the bond proceeds may be used only for a purpose that specially benefits the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. ) ## 4639.5. Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to bonds issued pursuant to this chapter, except that the proceeds referred to in Section 5404 of the Government Code shall be used only for some purpose which is of special benefit to the district including, but not limited to, the payment of or reimbursement for such of the cost and expenses listed in Section 4625 as have already been paid or incurred for the benefit of the district and which could have been included in determining the amount of bonds to be issued, or the payment of principal of or interest on bonded indebtedness previously incurred on behalf of the district. (Added by Stats. 1963, Ch. 756.)
  170. 4640.6.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. )

    Verify source ↗

    A city governing body may, by a two-thirds vote, require property owners in a district to pay a reasonable fee to connect to certain sanitary sewer improvements.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 4. Taxation and Finances [4638 - 4640.6] ( Heading of Article 4 renumbered from Article 5 by Stats. 1986, Ch. 248, Sec. 141. ) ## 4640.6. The governing body of a city may, by a two-thirds vote, require the owners of property within a district to pay a reasonable fee for connecting to any sanitary sewer improvement acquired or constructed pursuant to this chapter. (Added by Stats. 1967, Ch. 1100.)
  171. 4641.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The governing body of a city may annex qualifying territory to an existing improvement district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4641. Territory which is either within or without the boundaries of the city and which is not within the boundaries of any other improvement district formed pursuant to this chapter may be annexed to any existing improvement district by the governing body of the city. (Amended by Stats. 1965, Ch. 828.)
  172. 4641.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    Annexation of outside territory is blocked unless the relevant city governing body or county board of supervisors approves it by resolution before the Section 4646 hearing ends.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4641.5. Territory which is outside the boundaries of the city, or the initiating city, as the case may be, shall not be annexed unless the governing body of the city within which such outside territory is situated, or, in the case of unincorporated territory, the board of supervisors of the county in which such territory is situated, consents to such annexation by resolution adopted at any time prior to the conclusion of the hearing which is provided for by Section 4646 on the annexation. Any district which as a result of any annexation includes territory not solely within the boundaries of a single city shall thereafter be deemed to be a district formed pursuant to Article 2a (commencing with Section 4614.1) of this chapter even though it was not originally formed pursuant to that article. (Added by Stats. 1963, Ch. 756.)
  173. 4642.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The city’s governing body may pass a resolution to annex territory if it finds the territory would benefit from annexation to the district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4642. Whenever the governing body of the city determines and finds that additional territory will be benefited by annexation to the district, it may pass a resolution to that effect. (Amended by Stats. 1963, Ch. 756.)
  174. 4643.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    A city’s governing body must pass the resolution by a two-thirds vote of all its members.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4643. The resolution shall be passed by a vote of two-thirds of all the members of the governing body of the city. (Amended by Stats. 1963, Ch. 756.)
  175. 4644.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The resolution must include the annexation boundaries, an annexation number, a declaration of benefit, and the time and place for hearing objections.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4644. The resolution shall do all of the following: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation. (d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution. (Amended by Stats. 1963, Ch. 756.)
  176. 4645.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The resolution and the names of the governing body members voting for and against it must be published, posted, and mailed under Sections 4610 and 4610.5, with “district” treated as the territory proposed to be annexed.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4645. The resolution, together with the names of the members of the governing body voting for and against it, shall be published, posted, and mailed as provided in Sections 4610 and 4610.5, except that in applying such sections the word “district” shall mean the territory proposed to be annexed. (Amended by Stats. 1963, Ch. 756.)
  177. 4646.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The governing body must hear objections at the hearing and exclude any territory it thinks will not benefit from the annexation.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4646. On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider any objections presented to the annexation of the territory to the district or to the inclusion of any territory proposed to be annexed. At the hearing the governing body shall exclude from the proposed annexation any territory which in its opinion will not be benefited by such annexation. (Amended by Stats. 1963, Ch. 756.)
  178. 4647.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    The governing body may order annexation by a two-thirds vote, and it must describe the annexed boundaries and record the resolution and voting names in the minutes.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4647. After making all necessary and proper changes in the boundaries, the governing body may, by a resolution passed by a two-thirds vote of all its members order the annexation to the district of all or such part of the territory originally proposed to be annexed as the governing body determines will be benefited by such annexation and shall describe the boundaries of the territory annexed. This resolution, together with the names of the members of the governing body voting for and against the resolution, shall be spread upon the minutes of the governing body. Certified copies of the resolution shall be recorded and filed in the manner and with the same force and effect as provided in Section 4613. (Amended by Stats. 1963, Ch. 756.)
  179. 4648.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    After the resolution is recorded, the annexed territory becomes part of the district and takes on the district’s liabilities and benefits.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 5. Annexation [4641 - 4648] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4648. Upon the recordation of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to all the benefits of the district. (Amended by Stats. 1963, Ch. 756.)
  180. 4650.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 6. Withdrawal [4650- 4650.] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 248, Sec. 143. )

    Verify source ↗

    Territory in the Atherton Channel Drainage District may be withdrawn from the district under the referenced Government Code procedure.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650] ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. ) ## ARTICLE 6. Withdrawal [4650- 4650.] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 248, Sec. 143. ) ## 4650. Territory within the Atherton Channel Drainage District may be withdrawn from such district pursuant to Division 1 (commencing with Section 56000) of Title 6 of the Government Code. (Added by Stats. 1969, Ch. 1301.)
  181. 4700.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This chapter is known and cited as the “county sanitation district act.”

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4700. This chapter shall be known and cited as the “county sanitation district act.” (Enacted by Stats. 1939, Ch. 60.)
  182. 4701.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “district” for this chapter as a county sanitation district formed under this chapter or under a superseded law.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4701. “District,” as used in this chapter, means any county sanitation district formed pursuant to this chapter or pursuant to any law which it supersedes. (Enacted by Stats. 1939, Ch. 60.)
  183. 4702.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “district board” for this chapter as the board of directors of a district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4702. “District board,” as used in this chapter, means the board of directors of a district. (Enacted by Stats. 1939, Ch. 60.)
  184. 4703.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Districts may be formed, maintained, and governed in any county under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General Provisions [4700 - 4703] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 4703. Districts may be formed, maintained, and governed in any county as provided in this chapter. (Enacted by Stats. 1939, Ch. 60.)
  185. 4710.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A board of supervisors that wants to form a county sanitation district must adopt a resolution of intention.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4710. A board of supervisors desiring to form a county sanitation district shall adopt a resolution of its intention to do so. The resolution shall contain all of the following: (a) A statement of the intention to form a district. (b) The boundaries of the proposed district or some other designation of its territorial extent. (c) The name of the proposed district. (d) The time and place where objections to the formation of the district or to its extent will be heard. (e) Instructions to the clerk of the board to publish the resolution and notices of hearing. (f) When the proposed district includes parcels of noncontiguous territory, a statement that the proposed district will be in accordance with the master plan of county sanitation service as adopted by the board of supervisors or if the county has not adopted such a master plan then a statement that the proposed district is within the same watershed. Watershed as used in this section means to include only that area drained by gravity to the trunk sewer or sewers. (Amended by Stats. 1961, Ch. 2130.)
  186. 4711.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A county sanitation district may include unincorporated or incorporated territory, but there are limits when a city or another district is only partly included.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4711. The district as formed may include unincorporated or incorporated territory, or both. The incorporated territory included in the district may include the whole or part of one or more cities. However, less than the whole of a city shall not be included in the district except by the vote of a majority of the governing body of the city. The district shall not include the whole or any part of another sanitation district or any other district formed for similar purposes unless the governing body of such other district shall consent thereto and the board of supervisors, after a hearing, shall find and determine by resolution duly adopted that the proposed inclusion of the whole or part of such other district within the district is in the public interest and the territory affected will benefit thereby. Notice of such hearing shall be given by publication in at least two successive issues, not more than 30 nor less than 10 days prior to the hearing, in a newspaper of general circulation published within the county. (Amended by Stats. 1965, Ch. 1848.)
  187. 4711.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Land proposed to be formed into a district does not have to consist of contiguous parcels.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4711.5. The land proposed to be formed into a district need not consist of contiguous parcels. (Added by Stats. 1961, Ch. 2130.)
  188. 4712.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The hearing of objections must be scheduled at least 30 days after the resolution is adopted, and it must be held either at the board of supervisors’ regular meeting place or somewhere in the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4712. The time to be fixed for the hearing of objections shall be not less than thirty days after the adoption of the resolution. The hearing shall be held at the regular meeting place of the board of supervisors or else at some place in the proposed district. (Amended by Stats. 1939, Ch. 596.)
  189. 4713.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before the hearing, the resolution must be published twice in full in at least one newspaper of general circulation in the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4713. Prior to the time of hearing, the resolution shall be published at length twice in at least one newspaper of general circulation in the proposed district and brief notices of the passage of the resolution and the time and place of the hearing may be published in one or more daily or weekly newspapers published and circulated in the proposed district. (Amended by Stats. 1939, Ch. 596.)
  190. 4714.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors must hear objections to forming the district or changing its extent, and may exclude territory it believes will not benefit from inclusion.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4714. At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear any objections to the formation of the district or to its extent. At the hearing the board of supervisors may exclude any territory that in its opinion will not be benefited by being in the district. (Enacted by Stats. 1939, Ch. 60.)
  191. 4714.5.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If qualifying property owners file protests meeting the stated value threshold before the board’s final formation decision, the proceeding must end.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4714.5. If the board of supervisors finds that protests have been made, prior to its final determination for formation of the district, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The board of supervisors shall order the proceeding terminated when such protests are received. (Added by Stats. 1959, Ch. 152.)
  192. 4715.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a qualifying written objection is filed with the board, the board must either abandon formation of the proposed district or submit the formation question to the voters; it may do either in any event.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4715. If written objection to the formation of the district, signed by 5 percent of the voters registered in the district if the district contains less than 2001 registered voters, or by 2 percent of the registered voters, but not less than 100 registered voters, if the district contains 2001, or more, registered voters, is filed with the board, it shall, and in any event it may, either adopt an order abandoning the formation of the proposed district or order the matter of the formation of the district with the boundary lines determined at the close of the hearing submitted to the voters of the proposed district at an election. (Amended by Stats. 1959, Ch. 566.)
  193. 4716.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Only voters registered in the proposed district may vote, and the board of supervisors must set up precincts and appoint precinct boards for the election.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4716. At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct boards, composed of one inspector, one judge, and one clerk, shall be appointed. At least one week prior to the election, notice of the election shall be given by publication in a newspaper of general circulation in the proposed district. In other particulars the election shall be conducted in the manner ordered by the board of supervisors. (Enacted by Stats. 1939, Ch. 60.)
  194. 4716.1.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After a district formation election is called, the calling legislative body must send written notice within 5 days, the executive officer must prepare an impartial analysis within 5 days after notice, and the commission must approve or modify and forward that analysis within 5 days after receiving it.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4716.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  195. 4716.2.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain eligible voters and board members may file written arguments for or against a proposed district formation, but the argument must be 300 words or fewer and filed at least 54 days before the election.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4716.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  196. 4716.3.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If multiple arguments for or against a proposed district formation are filed on time, election officials must choose one argument to print and distribute to voters.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4716.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  197. 4716.4.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Election officials must print and mail a ballot pamphlet about the district formation proposition to eligible voters, and the pamphlet must include specified materials in a set order.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4716.4. The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following, in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition, prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 119. Effective January 1, 1995.)
  198. 4717.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors may form the district after the hearing, or after an election showing the required majorities, if it deems it best.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4717. At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all the votes cast in the entire proposed district and that a majority of the votes cast on the question in each city or part thereof in the proposed district were in favor of the formation of the district, the board of supervisors may, if it deems best, make an order forming the district. (Amended by Stats. 1939, Ch. 596.)
  199. 4718.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The formation order must name the district and describe or indicate its boundaries or territory.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [4710 - 4718] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 4718. The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is conclusive evidence of the regularity of all prior proceedings, except the adoption and publication in full of the resolution of intention and of the fact of the hearing. (Enacted by Stats. 1939, Ch. 60.)
  200. 4730.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section sets the board composition for sanitation districts and assigns who sits on the board in different district setups.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 3. County Sanitation Districts [4700 - 4859] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Officers [4730 - 4735] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 4730. The governing body of a sanitation district is a board of directors of not less than three members. The presiding officer of the governing body of each city, the whole or part of which is included in the sanitation district, is a member of the board. A member of the governing body of each sanitary district, the whole or part of which is included in the sanitation district, is a member of the board. If the sanitation district includes territory which is unincorporated and not included in a sanitary district, then the presiding officer of the county board of supervisors is a member of the board. The governing body of each city with a population of under 2,500,000, as found by the latest census, and the board of supervisors shall each select one of its members, other than its presiding officer, as an alternate director to act as a member of the district board in place of the presiding officer, or in place of the other member of the governing body of the city or county where there are two members from the city or county on the board of directors of the district, during such person’s absence, inability, or refusal to act. The presiding officer of the governing body of a city with a population of 2,500,000 or over shall select one of the other members of the governing body as an alternate director to act as a member of the district board in place of the presiding officer, or in place of the other member of the governing body of the city where there are two members from the city on the board of directors of the district, during such person’s absence, inability, or refusal to act. The governing body of each sanitary district represented on the board of directors of a sanitation district shall select one of its members as an alternate director to act as a member of the district board in place of its regular director, or in place of the other member of the governing body of the sanitary district where there are two members from the sanitary district on the board of directors of the district, during such person’s absence, inability, or refusal to act. If the sanitation district includes unincorporated territory and all or part of one city and no sanitary district, or unincorporated territory and one sanitary district and no city, then the presiding officer and one other member of the board of supervisors are members of the board, unless the population included in the city or sanitary district is more than half of the population of the whole sanitation district, in which case the presiding officer of the board of supervisors and the presiding officer and one other member of the governing body of the city or two members of the governing body of the sanitary district, as the case may be, constitute the board of directors. If the total number of cities and sanitary districts included in the sanitation district in whole or in part is two and if the sanitation district does not include any territory not in cities or sanitary districts, then the district board includes the presiding officer and one other member of the governing body of the city or two members of the governing body of the sanitary district having the greatest population and the presiding officer of the governing body of the city or one member of the governing body of the sanitary district having the least population. If the total number of cities and of sanitary districts wholly or in part within the sanitation district is two or more, and if, in addition, the district contains unincorporated territory, then the district board includes the presiding officer of the board of supervisors, the presiding officer of the governing board of each city, and a member of the governing board of each sanitary district. If the district includes no territory which is in cities or sanitary districts, then the county board of supervisors is the board of directors of the district. If the territory of the district lies wholly within a city, the legislative body of said city is the board of directors of the district. A city within a sanitation district, the sewered portion of which city lies entirely within a sanitary district, shall have no representation on the board. Notwithstanding the foregoing provisions of this section, whenever a sanitation district includes unincorporated territory and all or part of one city and no sanitary district, the governing body of such city may designate the board of supervisors of the county as the district board of directors, unless the population of the incorporated portion of the sanitation district is more than half of the population of the whole district. If the population of the incorporated portion of the sanitation district is more than half of the population of the whole district, the board of supervisors of the county may designate the governing body of the city as the district board of directors. The term “sanitary district” as used in this section shall mean a sanitary district formed prior to the formation of the sanitation district in which it is included in whole or in part. The term “sanitary district” as used in this section shall also include a county water district which on or before July 1, 1977, assumed the responsibilities, rights, duties, assets, liabilities, and obligations of a sanitary district which at the time of such assumption had representation on the board of directors of the sanitation district by the provisions of this section. (Amended by Stats. 1979, Ch. 35.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.