Public Resources Code
Part 8 of 41 · provisions 1,401–1,600
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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.
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- 25990. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 13. Energy Management Plans for Harbor and Port Districts [25990- 25990.] ( Chapter 13 added by Stats. 2013, Ch. 741, Sec. 2. )
Districts may prepare joint energy management plans, and if they do, the plan must include specified content and time horizons.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 13. Energy Management Plans for Harbor and Port Districts [25990- 25990.] ( Chapter 13 added by Stats. 2013, Ch. 741, Sec. 2. ) ## 25990. (a) For purposes of this chapter, the term “district” shall mean the Humboldt Bay Harbor, Recreation, and Conservation District, the Ports of Hueneme, Oakland, Long Beach, Los Angeles, Redwood City, Richmond, San Diego, San Francisco, Stockton, and West Sacramento, and any other harbor, recreation, and conservation district that operates a harbor or port in the state. A district may prepare one or more energy management plans, developed jointly with an electrical corporation, as defined in subdivision (a) of Section 218 of the Public Utilities Code, a gas corporation, as defined in Section 222 of the Public Utilities Code, a community choice aggregator established on or before July 1, 2013, or a public utility, as defined in subdivision (a) of Section 216 of the Public Utilities Code, that produces, generates, or supplies electricity to the public and that serves the district in order to reduce air emissions, promote economic development, and encourage the development of new businesses and retain existing businesses in that district. (b) If a district prepares an energy management plan pursuant to this chapter, it shall include, at a minimum, all of the following: (1) An assessment of current energy consumption within the district by energy source and type of users. Examples of users may include commercial, industrial, governmental, ships, individual transport, and product transport. (2) An assessment of other energy efficiency and management issues the district determines to evaluate in order to inform the development of specific goals and actions that reduce air emissions and promote economic development, including all of the following: (A) An electric or natural gas load forecast, developed in coordination with the serving electrical corporation, gas corporation, community choice aggregator established on or before July 1, 2013, or local publicly owned electric or gas utility that reflects anticipated load growth within the district. (B) An assessment of the role that distributed generation, combined with accurately priced utility services, could play in providing greater rate stability and energy cost certainty to aid in economic development, and proposed actions with respect to that role. This assessment shall be developed jointly with the serving electrical corporation, gas corporation, community choice aggregator established on or before July 1, 2013, or local publicly owned electric or gas utility. (C) An assessment, in consultation with business and industry, that identifies current and emerging processes and technologies to reduce energy consumption and improve energy efficiency. (D) An assessment, in consultation with business and industry, that identifies domestic and international shipping requirements and operations related to energy use and consumption. (3) A set of measurable energy performance and management goals that reduce air emissions and promote economic development, and a prioritized list of infrastructure projects, public education initiatives, and other actions that the district will undertake to achieve those goals. (4) A list of recommendations, developed jointly with the serving electrical corporation, gas corporation, community choice aggregator established on or before July 1, 2013, or local publicly owned electric or gas utility for the enhanced use of cost-effective energy efficiency and demand-side management in existing buildings and the inclusion of energy efficiency measures as part of the development of new buildings. (5) A description of measures to be taken to reduce air emissions for vehicle use within district boundaries, including vehicles used for movement of commercial products. Proposed actions, developed jointly with the serving electrical corporation, gas corporation, community choice aggregator established on or before July 1, 2013, or local publicly owned electric utility, may include replacement of vehicles with lower emitting alternatives and development of infrastructure, in appropriate areas, to aid in the refueling of alternative fuel vehicles. (6) A summary identifying governmental and nongovernmental impediments to implementation of the plan that includes recommendations on how these impediments may be overcome. (7) A description of one-year, 3-year, 5-year, 10-year, and 15-year objectives for implementation of the plan. These objectives shall be in sufficient detail to allow the district to undertake a meaningful annual review of the plan’s progress. (8) Proposed methods to fund the activities included in the plan, including funding through utility ratepayer-funded programs. (9) Other related energy plans, mandates, and requirements, and, to the extent possible, leverage opportunities for achieving energy efficiency and sustainable energy production, while not overburdening impacted businesses. (c) A district that prepares a plan shall engage with small business technical assistance providers to assist in the identification of joint or collaborative energy efficiency project opportunities, public education activities, and financing opportunities that implement the actions and projects in the plan. (d) The Public Utilities Commission shall encourage electric or gas corporations to participate jointly with local agencies in developing, implementing, and administering viable energy management plans for districts. The governing boards of local publicly owned utilities, community choice aggregators established on or before July 1, 2013, and rural electric cooperatives shall encourage joint participation with local agencies and gas corporations in developing, implementing, and administering viable energy management plans for districts. (e) If an energy management plan is prepared pursuant to this chapter, it shall also address the development of projects that provide greater certainty of energy costs over a period of up to 15 years for businesses developing in the district. (f) The Public Utilities Commission may offer technical assistance in the preparation of the energy management plans developed and implemented pursuant to this chapter, including, but not limited to, identifying best practices, innovations in technology, and potential funding sources. (Added by Stats. 2013, Ch. 741, Sec. 2. (AB 628) Effective January 1, 2014.) - 25991. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must develop an offshore wind strategic plan, submit it to the Natural Resources Agency and the Legislature by June 30, 2023, and allow public review and comment on a draft.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991. (a) (1) The commission, in coordination with the California Coastal Commission, the Ocean Protection Council, the State Lands Commission, the Office of Planning and Research, the Department of Fish and Wildlife, the Governor’s Office of Business and Economic Development, the Independent System Operator, and the Public Utilities Commission, and other relevant federal, state, and local agencies as needed, shall develop a strategic plan for offshore wind energy developments installed off the California coast in federal waters. (2) Development of the strategic plan shall incorporate, but not delay, progress to advance responsible development of offshore wind in other relevant policy venues. (b) (1) The commission shall submit the strategic plan to the Natural Resources Agency and the Legislature on or before June 30, 2023. (2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (c) The strategic plan shall include, at a minimum, the following five chapters: (1) Identification of sea space, including the findings and recommendations resulting from activities undertaken pursuant to Section 25991.2. (2) Economic and workforce development and identification of port space and infrastructure, including the plan developed pursuant to Section 25991.3. (3) Transmission planning, including the findings resulting from activities undertaken pursuant to Section 25991.4. (4) Permitting, including the findings resulting from activities undertaken pursuant to Section 25991.5. (5) Potential impacts on coastal resources, fisheries, Native American and Indigenous peoples, and national defense, and strategies for addressing those potential impacts. (d) (1) The strategic plan shall emphasize and prioritize near-term actions, particularly related to port retrofits and investments and the workforce, to accommodate the probable immediate need for jobs and economic development. (2) In considering port retrofits, the strategic plan shall strive for compatibility with other harbor tenants and ocean users to ensure that the local benefits related to offshore wind energy construction complement other local industries. (3) The strategic plan shall emphasize and prioritize actions that will improve port infrastructure to support land-based work for the local workforce. (e) The development of the strategic plan regarding workforce development shall include consultation with representatives of key labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce. (f) The commission shall provide an opportunity for public review and comment on a draft strategic plan. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must evaluate offshore wind capacity and set planning goals for 2030 and 2045.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.1. (a) On or before June 1, 2022, the commission shall evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and shall establish megawatt offshore wind planning goals for 2030 and 2045. (b) In establishing the goals pursuant to subdivision (a), the commission shall consider all of the following: (1) The findings of the 2021 joint report issued pursuant to the former Section 454.53 of the Public Utilities Code. (2) The need to develop a skilled and trained offshore wind workforce. (3) The potential to attract supply-chain manufacturing for offshore wind components throughout the Pacific region. (4) The need for reliable renewable energy that accommodates California’s shifting peak load. (5) The generation profile of offshore wind off the coast of California. (6) The need for economies of scale to reduce the costs of floating offshore wind. (7) The need to initiate long-term transmission and infrastructure planning to facilitate delivery of offshore wind energy to Californians. (8) The availability of federal tax incentives for offshore wind investments. (9) The National Renewable Energy Laboratory report finding that California has 200 gigawatts of offshore wind technical power potential. (10) The opportunity for California to participate in the federal government’s intention to deploy 30,000 megawatts of offshore wind by 2030 and to create a pathway to unlocking 110,000 megawatts by 2050. (11) Any executive action from the Governor regarding offshore wind. (12) Potential impacts on coastal resources, fisheries, Native American and Indigenous peoples, and national defense, and strategies for addressing those potential impacts. (Amended by Stats. 2024, Ch. 353, Sec. 35. (AB 1533) Effective January 1, 2025. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.10. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
This chapter stays in effect only until January 1, 2031, and is then repealed.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.10. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by renumbering Section 25991.8 by Stats. 2023, Ch. 314, Sec. 2. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 14, commencing with Section 25991.) - 25991.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must work with other agencies and stakeholders to identify suitable sea space for offshore wind, consider specified factors, share relevant information on a public website, and include its findings in the strategic plan.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.2. (a) The commission, in coordination with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, shall work with stakeholders, other state, local, and federal agencies, and the offshore wind energy industry to identify suitable sea space for wind energy areas in federal waters sufficient to accommodate the offshore wind planning goals established pursuant to Section 25991.1, as follows: (1) The commission shall first identify the sea space identified by the federal Bureau of Ocean Energy Management in its 2018 call for nominations, as published in the Federal Register, Volume 83, Number 203, on October 19, 2018, and any other relevant information necessary to achieve the 2030 offshore wind planning goal established pursuant to Section 25991.1. (2) The commission, in coordination with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, shall next identify suitable sea space for a future phase of offshore wind leasing to accommodate the 2045 offshore wind planning goal established pursuant to Section 25991.1. (b) In identifying suitable sea space, the commission shall consider all of the following: (1) Existing data and information on offshore wind resource potential and commercial viability. (2) Existing and necessary transmission and port infrastructure. (3) Protection of cultural and biological resources with the goal of prioritizing least-conflict ocean areas. (c) In fulfilling the requirements of this section, the commission shall incorporate the information developed by the Bureau of Ocean Energy Management California Intergovernmental Renewable Energy Task Force. (d) The commission shall use the California Offshore Wind Energy Gateway, or functionally equivalent publicly accessible, commission-approved internet website, to provide relevant information developed pursuant to this section to the public. (e) The commission, in coordination with the California Coastal Commission, the Department of Fish and Wildlife, the Ocean Protection Council, the State Lands Commission, stakeholders, other state, local, and federal agencies, and the offshore wind energy industry, shall make recommendations regarding potential significant adverse environmental impacts and use conflicts, such as avoidance, minimization, monitoring, mitigation, and adaptive management, consistent with California’s long-term renewable energy, greenhouse gas emission reduction, and biodiversity goals. (f) Nothing in this section is intended to modify the authority of state agencies over project-specific siting and permitting. (g) The findings and recommendations resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to the identification of sea space as specified in paragraph (1) of subdivision (c) of Section 25991. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must develop a plan for offshore wind waterfront facilities and submit a preliminary assessment by December 31, 2022.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.3. (a) Based on the sea spaces identified pursuant to Section 25991.2, the commission, in coordination with relevant state and local agencies, shall develop a plan to improve waterfront facilities that could support a range of floating offshore wind energy development activities, including construction and staging of foundations, manufacturing of components, final assembly, and long-term operations and maintenance facilities. (b) The plan developed pursuant to subdivision (a) shall include all of the following: (1) A detailed assessment of the necessary investments in California seaports to support offshore wind energy activities, including construction, assembly, and operations and maintenance. The assessment shall consider the potential availability of land and water acreage at each seaport, including competing and current uses, infrastructure feasibility, access to deep water, bridge height restrictions, and potentially impacted natural and cultural resources, including coastal resources, fisheries, and Native American and Indigenous peoples. (2) An analysis of the workforce development needs of the California offshore wind energy industry, including occupational safety requirements, the need to require the use of a skilled and trained workforce to perform all work, and the need for the Division of Apprenticeship Standards to develop curriculum for in-person classroom and laboratory advanced safety training for workers. (3) Recommendations for workforce standards for offshore wind energy facilities and associated infrastructure, including, but not limited to, prevailing wage, skilled and trained workforce, apprenticeship, local hiring, and targeted hiring standards, that ensure sustained and equitable economic development benefits. (c) In developing the plan pursuant to subdivision (a), the commission shall consult with representatives of key labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce. (d) On or before December 31, 2022, the commission shall complete and submit to the Natural Resources Agency and the relevant fiscal and policy committees of the Legislature a preliminary assessment of the economic benefits of offshore wind as they relate to seaport investments and workforce development needs and standards. (e) The plan developed pursuant to this section shall be included in the chapter of the strategic plan relating to economic and workforce development and identification of port space and infrastructure as specified in paragraph (2) of subdivision (c) of Section 25991. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must assess the transmission investments and upgrades needed to support offshore wind planning goals, and include the resulting findings in the strategic plan.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.4. (a) The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall assess the transmission investments and upgrades necessary, including potential subsea transmission options, to support the 2030 and 2045 offshore wind planning goals established pursuant to Section 25991.1. This assessment shall include all relevant information on the cost of subsea high-voltage transmission and information made available by the Independent System Operator on the cost of network upgrades and the extent to which existing transmission infrastructure and available capacity could support offshore wind energy development. (b) The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to transmission planning as specified in paragraph (3) of subdivision (c) of Section 25991. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must develop an offshore wind permitting roadmap, consult relevant agencies and stakeholders, allow input and public comment, and submit the roadmap by December 31, 2022.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.5. (a) The commission shall develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California. (b) In developing the permitting roadmap, the commission shall consult and meaningfully collaborate with all relevant local, state, and federal agencies, including, but not limited to, the California Coastal Commission, the Department of Fish and Wildlife, and the State Lands Commission, interested California Native American tribes, and affected stakeholders. (c) The permitting roadmap shall include a goal for the permitting timeframe, clearly define local, state, and federal agency roles, responsibilities, and decisionmaking authority, and include interfaces with federal agencies, including timing, sequence, and coordination with federal permitting agencies, and coordination between reviews under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). (d) The commission shall provide an opportunity for stakeholder input in the development and communication of the permitting roadmap and an opportunity for public comment on a draft permitting roadmap. (e) The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to permitting as specified in paragraph (4) of subdivision (c) of Section 25991. (f) On or before December 31, 2022, the commission shall complete and submit the permitting roadmap to the Natural Resources Agency and the relevant fiscal and policy committees of the Legislature. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
For this chapter, “stakeholders” includes fisheries groups, labor unions, industry, environmental justice organizations, environmental organizations, and other ocean users.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.6. For purposes of this chapter, “stakeholders” includes, but is not limited to, fisheries groups, labor unions, industry, environmental justice organizations, environmental organizations, and other ocean users. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
This section says the chapter is not intended to create a technology set-aside or a mandatory minimum for any eligible renewable energy resource.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.7. Nothing in this chapter is intended to create a technology set-aside or mandatory minimum for any type of eligible renewable energy resource. (Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must develop a seaport readiness plan, publish a draft for 60 days of public comment, and submit a final report by December 31, 2026.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.8. (a) (1) The commission, in consultation with the State Lands Commission, the Ocean Protection Council, the Department of Fish and Wildlife, the Governor’s Office of Business and Economic Development, the Office of Planning and Research, and the California Coastal Commission, shall develop a second-phase plan and strategy for seaport readiness that builds upon the recommendations and alternatives in the strategic plan for offshore wind energy developments developed pursuant to Sections 25991 and 25991.3. (2) (A) The commission shall make a draft report, with recommendations for implementation of a port development strategy, available for public review and comment for at least 60 days and shall submit a final report on its recommendations for a seaport readiness strategy to the Governor and the Legislature on or before December 31, 2026. (B) The plan submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (b) For purposes of the second-phase plan described in subdivision (a), the commission shall do all of the following: (1) Identify feasible seaport locations for offshore wind turbine assembly to serve Central Coast and North Coast offshore wind energy projects. (2) Recommend and prioritize only port alternatives where site control can be obtained by a port authority or state agency within five years. (3) Recommend and prioritize alternatives only with sufficient landside and water acreage or capacity to support maximum in-state assembly and manufacturing of offshore wind energy components. (4) Recommend and prioritize port locations that minimize impacts to cultural and natural resources, including the marine and onshore environments, sensitive species, and habitats. (5) Identify and prioritize ports that maximize in-state workforce opportunities, including workforce opportunities for low-income and environmental justice communities. (6) Consider transportation and other infrastructure investments needed to develop the identified seaports and waterfront facilities needed for offshore wind energy activities. (7) Collaborate with tribal governments to develop appropriate seaport siting criteria that minimize adverse impacts to natural and cultural resources and maximize economic and workforce benefits to the tribal governments. (8) Consult with key stakeholders, including, but not limited to, environmental organizations, environmental justice organizations, fisheries groups, labor unions, electric ratepayer advocates, offshore wind energy developers, oceangoing vessel operators, and related industry stakeholders, local governments and public port authorities, and other ocean users, to develop appropriate seaport siting criteria that minimize adverse impacts to cultural and natural resources, minimize adverse impacts to local communities, maximize local and in-state economic and workforce benefits, incorporate equity and environmental justice in seaport development, minimize impacts to California electric ratepayers, and avoid delays in the seaport entitlement process. (9) Collaborate with the oceangoing vessel operator and commercial maritime industry to identify appropriate ocean spatial planning policies and siting criteria that minimize adverse impacts to vessel navigation and maximize maritime safety. The commission shall seek to coordinate and collaborate with the United States Coast Guard for purposes of this paragraph on matters that fall within the Coast Guard’s authority and jurisdiction. (10) Assess the estimated cost and identify potential funding and financing strategies for necessary port development and redevelopment that support offshore wind energy activities, including the potential to leverage federal funding. (Added by Stats. 2023, Ch. 314, Sec. 3. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25991.9. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. )
The commission must study offshore wind manufacturing feasibility and submit a report to the Governor and Legislature by December 31, 2027.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 14. Offshore Wind Generation [25991 - 25991.10] ( Chapter 14 added by Stats. 2021, Ch. 231, Sec. 2. ) ## 25991.9. (a) (1) The commission, in consultation with the California Workforce Development Board, shall conduct a study on the feasibility of achieving 50 percent and 65 percent in-state assembly and manufacturing of offshore wind energy projects and the domestic content thresholds for offshore wind energy projects, as specified in the federal Inflation Reduction Act of 2022 (Public Law 117-169). The commission may coordinate with the Governor’s Office of Business and Economic Development for purposes of the study. The commission shall submit a report on the study to the Governor and the Legislature on or before December 31, 2027. (2) The report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (b) For purposes of the study, the commission shall do all of the following: (1) Assess current manufacturing capabilities within California that are potentially suitable to support the offshore wind energy supply chain and identify the tier one, tier two, and tier three components of the offshore wind energy supply chain that are best suited to in-state manufacturing of offshore wind energy projects. (2) Identify gaps in the current supply chain and workforce for achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a), including identifying the facilities and infrastructure required to meet these in-state assembly thresholds and the estimated geographic distribution of these facilities, and estimating the number, geographic distribution, and types of jobs that will be created. (3) When estimating the number and types of jobs required for achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a), include roles in related and supporting activities, including, but not limited to, environmental monitoring, research and development, construction, engineering and design, and manufacturing, operations, and maintenance. (4) Identify supply chain and workforce investments needed by the state to support achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a). (5) Identify available federal and state funds to support bringing or retaining jobs related to the manufacturing and assembly of offshore wind projects in the state. (6) Study and estimate the potential impacts on economic activity and job growth, and resulting state tax revenues, resulting from achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a). (7) Study and evaluate any potential impacts to project development timelines and costs as a result of achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a). (8) Study and estimate potential impacts to electric ratepayers as a result of achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a). (9) Develop recommendations for incorporating equity and environmental justice in economically and environmentally sustainable supply chain development. (10) Coordinate with tribal governments to develop recommendations for tribal workforce development opportunities. (11) Consult with environmental and environmental justice groups, fisheries groups, labor unions, including manufacturing, transportation, maritime, and longshore unions, oceangoing vessel operators, the commercial maritime industry, public port authorities, and business groups to develop recommendations for workforce development opportunities. (12) Develop recommendations for workforce development investments at community colleges, by the California Workforce Development Board for maritime and longshore workforces, at state universities, and in apprenticeship programs necessary to meet the workforce needs resulting from the in-state targets described in this section. (13) Consult with building and construction trades councils to develop recommendations on the use of project labor agreements to achieve workforce development and apprenticeship goals. (Added by Stats. 2023, Ch. 314, Sec. 4. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.) - 25992. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 1. General Provisions and Definitions [25992 - 25992.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 20. )
This section states legislative findings about offshore wind development, emphasizing responsible development, environmental protection, coordination, monitoring, community engagement, workforce training, and local hiring.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 1. General Provisions and Definitions [25992 - 25992.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992. The Legislature finds and declares all of the following: (a) The state is committed to the responsible development of wind energy in federal ocean waters off the coast of California and supporting state agencies’ and other entities’ capacity needs in the time period between wind energy areas being leased and lessees submitting construction and operation plans. Under the Federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), the California Coastal Commission reviews the federal Bureau of Ocean Energy Management consistency determinations for proposed lease sales in federal waters, and consistency certifications for proposed wind development projects, to determine if those activities are consistent with the federally approved California Coastal Management Program. (b) Offshore wind should be developed in a manner that protects coastal and marine ecosystems. The state should use its authority to ensure, as feasible, both of the following: (1) Avoidance, minimization, and mitigation of significant adverse impacts. (2) Monitoring and adaptive management for offshore wind projects and their associated infrastructure. (c) Offshore wind lessees should be encouraged, and required when appropriate, to coordinate and provide relevant survey and monitoring data, implement any relevant best practices or guidelines, assist with identification of research gaps, and develop strategies for monitoring and adaptive management. (d) Offshore wind lessees engagement with tribal governments and potentially affected communities ensures those governments and communities are part of planning and project-specific decisionmaking related to offshore wind activities, and impacts affecting those governments and communities caused by offshore wind activities are identified and addressed. (e) Investment in offshore wind energy development can offer career pathways and workforce training in clean energy development. Offshore wind energy will provide additional industrial work opportunities and should provide apprenticeship opportunities for a diverse labor pool, including for local communities experiencing high unemployment, through prioritization of local hiring. (f) Funding would help accelerate the ability of state agencies to coordinate, conduct needed studies, and otherwise prepare for future permitting and review activities related to offshore wind development, including ancillary permitting, such as port and waterfront facility upgrades and other associated infrastructure. (Added by Stats. 2022, Ch. 251, Sec. 20. (AB 209) Effective September 6, 2022.) - 25992.10. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 2. Voluntary Offshore Wind and Coastal Resources Protection Program [25992.10 - 25992.11] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 20. )
The commission administers the Voluntary Offshore Wind and Coastal Resources Protection Program and may allocate program moneys for listed purposes, but not to another state or local agency for costs that are otherwise recoverable from project proponents.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 2. Voluntary Offshore Wind and Coastal Resources Protection Program [25992.10 - 25992.11] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.10. (a) (1) The Voluntary Offshore Wind and Coastal Resources Protection Program is hereby established to be administered by the commission for the purpose of supporting state activities that complement and are in furtherance of federal laws related to the development of offshore wind facilities, including federal laws providing for offshore wind lease conditions of the bureau. The program shall award moneys to public and private entities, including, but not limited to, state agencies, tribal entities, local governmental agencies, research institutions, and nonprofit entities, through various mechanisms, including, but not limited to, grants. (2) Moneys from the fund and account shall be available for allocation by the commission for purposes of this chapter. (b) The commission may allocate moneys for any of the following: (1) Increasing the ability of state agencies to engage in postlease assessments and studies of impacts, including surveys and plans, and ongoing review of project compliance and monitoring, including administrative costs. (2) Research facilitation and coordination, including, but not limited to, funding to support state agencies to work collaboratively with the bureau and other federal, state, and tribal entities to ensure that lessees’ construction and operations plans incorporate strategies and specific plans for comprehensive monitoring and adaptive management, and to ensure that the strategies and plans are implemented appropriately, including funding to contract with technical experts to be retained by state agencies to consult and collaborate on strategies and specific plans for comprehensive monitoring and adaptive management. (3) (A) Contracts with technical experts to assist the bureau and the state in their review of survey and sampling and analysis plans, survey data and analysis, construction and operation plans, and other planning, project development, and project implementation activities and documents. (B) The purpose of the technical experts is to review current research on survey methodologies, monitoring approaches and technologies, adaptive management strategies, and other relevant topics for floating offshore wind, to provide the bureau and the state with recommendations, suggested guidelines, and best practices, and to fulfill additional research needs, during all phases of floating offshore wind development and implementation with the overall goal of avoiding and minimizing impacts to coastal resources. (4) Environmental impacts monitoring, including, but not limited to, any of the following: (A) Collecting, analyzing, and reporting baseline and postdevelopment environmental data to assess large-scale changes and cumulative impacts to marine species, habitats, and uses from floating offshore wind development and related activities with a goal of enabling the bureau and the state to accurately assess, mitigate, and adaptively manage those impacts. (B) Data collection at a regional scale that integrates data with information and data provided by lessees or the bureau and other relevant data to provide a comprehensive understanding of how floating offshore wind development is affecting the marine environment and coastal uses. (5) Infrastructure readiness commitments, including, but not limited to, activities associated with the bureau’s lease requirements for lessees to support infrastructure readiness, such as ports, waterfront facilities, and transmission for floating offshore wind generation facilities. (6) Workforce development grants consistent with subdivisions (r) to (t), inclusive, of Section 14005 of the Unemployment Insurance Code and in consultation with the California Workforce Development Board. (7) Capacity funding activities and grants within local communities and tribal communities. Grants under this paragraph are available only to eligible entities. (c) Moneys in the fund and the account shall not be allocated by the commission to another state or local agency for that agency’s costs that are otherwise recoverable from project proponents in administering a regulatory or entitlement program. (Amended by Stats. 2025, Ch. 397, Sec. 2. (AB 1417) Effective January 1, 2026.) - 25992.11. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 2. Voluntary Offshore Wind and Coastal Resources Protection Program [25992.10 - 25992.11] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 20. )
The commission may adopt guidelines or other standards for this chapter, but must first allow public comment and hold at least one public workshop.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 2. Voluntary Offshore Wind and Coastal Resources Protection Program [25992.10 - 25992.11] ( Article 2 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.11. (a) The commission may adopt guidelines or other standards at a commission business meeting to implement this chapter. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of the guidelines or other standards adopted by the commission to implement this chapter. Before adopting or revising the guidelines or other standards, the commission must provide an opportunity for public comment and at least one public workshop. (b) The commission may require a form to be submitted and signed under penalty of perjury to carry out the purposes of this chapter. A form shall be adopted in the format and manner prescribed by the commission. (Added by Stats. 2022, Ch. 251, Sec. 20. (AB 209) Effective September 6, 2022.) - 25992.20. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. )
This section creates a state treasury fund and a private donations account within it, and continuously appropriates their money to the commission for this chapter.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.20. (a) The Voluntary Offshore Wind and Coastal Resources Protection Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the moneys in the fund are hereby continuously appropriated without regard to fiscal year to the commission for purposes of this chapter. (b) The Private Donations Account is hereby created in the fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated without regard to fiscal year to the commission for purposes of this chapter. (Added by Stats. 2022, Ch. 251, Sec. 20. (AB 209) Effective September 6, 2022.) - 25992.21. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. )
The commission may accept federal and private donations, must publicly disclose donation records, and must post an annual website report based on offshore wind entity donation reports.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.21. (a) The commission may accept federal and private sector moneys, including for purposes of financial commitments made to fulfill a lessee’s bidding credits in a bureau lease sale auction, for purposes of this chapter. The private sector moneys shall be deposited into the account. The federal moneys shall be deposited into the fund. (b) Records of the donations received by the commission, or by eligible entities from offshore wind entities, and allocations made pursuant to this chapter shall be subject to public disclosure. (c) Every 90 days, an offshore wind entity shall report to the commission all of the following: (1) The aggregate amount of donations made. (2) The number of groups or tribes that received donations. (3) The counties where those groups or tribes are based. (4) The types of eligible entities that received a donation, including, but not limited to, whether the eligible entity is a tribe, community group, local government, or third party. (d) For each donation made by an offshore wind entity and reported pursuant to subdivision (c), the commission shall post a report on its internet website annually. The report shall only include the following information: (1) The total amount of donations received by eligible entities from offshore wind entities in the preceding year. (2) The total amount of donations received by eligible entities from offshore wind entities in each county in the preceding year. (3) The types of eligible entities that received donations from offshore wind entities in the preceding year. (4) The number of eligible entities that received a donation from offshore wind entities in the preceding year. (e) The commission may enter into an agreement with a donor for the purposes for which the donation may be used consistent with this chapter. (f) Notwithstanding Section 11005 of the Government Code, the Director of Finance’s approval of the donations accepted by the commission under this section is not required. (Amended by Stats. 2025, Ch. 397, Sec. 3. (AB 1417) Effective January 1, 2026.) - 25992.22. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. )
The commission must file annual reports with the Legislature about funds received and allocated under this chapter, and about capacity funding activities and grants.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 3. Voluntary Offshore Wind and Coastal Resources Protection Fund [25992.20 - 25992.22] ( Article 3 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.22. (a) Notwithstanding Section 10231.5 of the Government Code, on or before March 15, 2024, and each January thereafter concurrent with the submission of the Governor’s Budget, the commission shall submit a report to the Legislature and the relevant policy and fiscal committees of the Legislature on the moneys received and allocated pursuant to this chapter. The report shall include, but not be limited to, a description and information on the use of funds, geographic distribution of allocated funds, program activities, and awardees. (b) Notwithstanding Section 10231.5 of the Government Code, the commission shall annually prepare and submit, on or before March 1 of each year, a report to the Legislature on the implementation and effectiveness of the capacity funding activities and grants described in paragraph (7) of subdivision (b) of Section 25992.10, including the amount of activity and grant moneys provided by offshore wind entities, using information provided by offshore wind entities, local communities, local governments, and tribes. The report shall include, but not be limited to, the total amount of capacity funding activity and grant moneys awarded for purposes of those activities and grants, a description of the activities and grants funded, and an assessment of the impact of the funding. (c) The report submitted to the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code. (Amended by Stats. 2025, Ch. 397, Sec. 4. (AB 1417) Effective January 1, 2026.) - 25992.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 1. General Provisions and Definitions [25992 - 25992.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 20. )
This section defines key terms used in the Voluntary Offshore Wind Program chapter.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 15. Voluntary Offshore Wind Program [25992 - 25992.22] ( Chapter 15 added by Stats. 2022, Ch. 251, Sec. 20. ) ## ARTICLE 1. General Provisions and Definitions [25992 - 25992.5] ( Article 1 added by Stats. 2022, Ch. 251, Sec. 20. ) ## 25992.5. For purposes of this chapter, all of the following definitions apply: (a) “Account” means the Private Donations Account created pursuant to Section 25992.20. (b) “Bureau” means the federal Bureau of Ocean Energy Management. (c) “Eligible entity” means a local community, local government, California tribe, or nonprofit organization selected by California tribes to represent their interests, if the entity is geographically, culturally, or economically impacted by the offshore wind industry. A coalition of more than one of these eligible entities is also an eligible entity if each coalition member is also an eligible entity. For purposes of this subdivision, “California tribes” means California Native American tribes identified on the contact list maintained by the Native American Heritage Commission or a federally recognized tribe, as defined in Section 11019.81 of the Government Code. (d) “Fund” means the Voluntary Offshore Wind and Coastal Resources Protection Fund created pursuant to subdivision (a) of Section 25992.20. (e) “Offshore wind entity” means any entity engaged in offshore wind energy development that meets all of the following criteria: (1) Has a planned generation capacity of 50 megawatts or more. (2) Engages in development activities expected to impact the coastal environment, marine environment, or human environment, as those terms are defined by Section 1331 of Title 43 of the United States Code, of the California coast or submerged lands. (3) Will be required to obtain a lease, permit, or other authorization from the State Lands Commission, the California Coastal Commission, the Department of Fish and Wildlife, the State Water Resources Control Board, a California regional water quality control board, the State Air Resources Board, the Public Utilities Commission, the Independent System Operator, or another state agency or local government, in connection with its development activities. (f) “Program” means the Voluntary Offshore Wind and Coastal Resources Protection Program established pursuant to Section 25992.10. (Amended by Stats. 2025, Ch. 397, Sec. 1. (AB 1417) Effective January 1, 2026.) - 25996. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 18. Wave Energy and Tidal Energy [25996 - 25996.1] ( Chapter 18 added by Stats. 2023, Ch. 405, Sec. 1. )
The commission must study wave and tidal energy, work with agencies and stakeholders to identify suitable sea space, and identify measures to reduce environmental and use conflicts.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 18. Wave Energy and Tidal Energy [25996 - 25996.1] ( Chapter 18 added by Stats. 2023, Ch. 405, Sec. 1. ) ## 25996. (a) As part of the 2024 energy policy review prepared pursuant to subdivision (c) of Section 25302, the commission, in consultation with other appropriate state agencies, including, but not limited to, the Ocean Protection Council, the Department of Fish and Wildlife, the State Lands Commission, and the California Coastal Commission, shall evaluate the feasibility, costs, and benefits of using wave energy and tidal energy as forms of clean energy in the state. (b) For purposes of the evaluation identified in subdivision (a), the commission shall do all of the following: (1) Evaluate factors that may contribute to the increased use of wave energy and tidal energy in the state. (2) Provide findings on the latest research about the technological and economic feasibility of deploying offshore wave and tidal energy in the state. (3) Evaluate wave energy and tidal energy project potential transmission needs and permitting requirements. (4) Evaluate wave energy and tidal energy project economic and workforce development needs. (5) Identify near-term actions, particularly related to investments and the workforce for wave energy and tidal energy projects, to maximize job creation and economic development, while considering affordable electric rates and bills. (6) Identify a robust monitoring strategy designed to gather sufficient data to evaluate the impacts from wave energy and tidal energy projects to marine and tidal ecosystems and affected species, including, but not limited to, fish, marine mammals, and aquatic plants, to inform adaptive management of the projects. (c) (1) The commission, in coordination and consultation with the California Coastal Commission, the Department of Fish and Wildlife, the Ocean Protection Council, and the State Lands Commission, shall work with other state and local agencies, the offshore wave energy and tidal energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders to identify suitable sea space for offshore wave energy and tidal energy projects in state and federal waters. (2) For purposes of identifying suitable sea space, the commission shall consider all of the following: (A) Existing data and information on offshore wave energy and tidal energy resource potential and commercial viability. (B) Existing transmission facilities and infrastructure, and necessary additional transmission facilities and infrastructure. (C) Protection of cultural and biological resources with the goal of prioritizing ocean areas that pose the least conflict to those resources. (3) For purposes of this subdivision, the commission shall incorporate the information developed by the federal Bureau of Ocean Energy Management’s California Intergovernmental Renewable Energy Task Force, as applicable. (4) The commission, in coordination and consultation with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, State Lands Commission, other state and local agencies, the offshore wind energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders, shall identify measures that would avoid, minimize, and mitigate significant adverse environmental and ecosystem impacts and use conflicts, and for monitoring and adaptive management for offshore wave energy and tidal energy projects, consistent with California’s long-term goals relating to renewable energy, reduction of greenhouse gas emissions, and biodiversity. (5) Nothing in this subdivision modifies the authority of any state agency over project-specific siting and permitting. (6) The commission shall seek to coordinate and consult with federal agencies, as appropriate and applicable, in performing the work required by this subdivision. (Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024.) - 25996.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 18. Wave Energy and Tidal Energy [25996 - 25996.1] ( Chapter 18 added by Stats. 2023, Ch. 405, Sec. 1. )
The commission must submit a written report to the Governor and the Legislature by January 1, 2025.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 18. Wave Energy and Tidal Energy [25996 - 25996.1] ( Chapter 18 added by Stats. 2023, Ch. 405, Sec. 1. ) ## 25996.1. (a) On or before January 1, 2025, the commission shall submit a written report to the Governor and the Legislature that includes both of the following: (1) A summary and findings from the evaluation and work described in Section 25996. (2) Considerations that may inform legislative and executive actions to facilitate, encourage, and promote the development and increased use of technologically and economically feasible wave energy and tidal energy technologies, infrastructure, and facilities in the state. (b) (1) The report described in this section shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.) - 25997. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. )
This section defines key terms for the chapter, including “financial incentive,” “fusion,” “fusion energy,” and “initiative.”
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. ) ## 25997. For purposes of this chapter, all of the following definitions apply: (a) “Financial incentive” includes a contract, grant, loan, or other appropriate funding mechanism. (b) “Fusion” means a reaction in which at least one heavier, more stable nucleus is produced from at least one lighter, less stable nucleus, typically through high temperatures and pressures, and emitting energy as a result. (c) “Fusion energy” means the product of fusion reactions inside a fusion device that is used to generate electricity or other commercially usable forms of energy. (d) “Initiative” means the Fusion Research and Development Innovation Initiative established pursuant to Section 25997.1. (Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, pursuant to Section 25997.7.) - 25997.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. )
The commission must set up and run a fusion energy initiative, may use federal fusion plans to identify priorities, and may issue funding guidelines.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. ) ## 25997.1. (a) (1) The Fusion Research and Development Innovation Initiative is hereby established within the commission to accelerate the development and growth of fusion energy by advancing fusion science and technology. (2) The commission, in consultation with the Governor’s Office of Business and Economic Development and the Public Utilities Commission, shall establish and administer the initiative to provide financial incentives for projects that advance technologies for fusion energy benefiting California. (b) The commission may refer to the federal Fusion Energy Sciences Advisory Committee’s (FESAC) Powering the Future: Fusion & Plasmas long-range plan and the 2024 draft report of the FESAC Subcommittee on Facilities Construction Projects to determine the highest priority capabilities. (c) The commission may adopt guidelines governing the award, eligibility, and administration of funding pursuant to this chapter. (Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, pursuant to Section 25997.7.) - 25997.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. )
The commission must provide financial incentives for fusion research and development, and it may use several award methods to administer the initiative.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. ) ## 25997.3. (a) The commission shall provide financial incentives pursuant to Section 25997.1 for any of the following: (1) To advance research and development in fusion energy and support the establishment or expansion of testing facilities addressing gaps in fusion science and technology. (2) To accelerate the deployment of new research and technology capabilities that support the commercialization of fusion energy. (3) To achieve the initiative’s goal of delivering the world’s first fusion energy pilot project in the state by the 2040s. (b) In administering the initiative, the commission may do all of the following: (1) Solicit applicants and award financial incentives using a competitive award process. The commission may noncompetitively award follow-on financial incentives to awardees of a prior competitive award process. (2) Use the competitive award process of another organization to award funds or provide follow-on funding for an entity previously selected through a competitive award process for the purposes of attracting significant federal or private funding for the projects or of accelerating the delivery of program benefits. (3) Notwithstanding any other law, noncompetitively award financial incentives to an entity that will use the moneys as matching funds for federally awarded moneys. (4) Noncompetitively award financial incentives to national laboratories and any public entities. (5) Noncompetitively award financial incentives to any entity when the cost to the state is reasonable and the commission makes any of the following determinations: (A) The expertise, service, or product is unique. (B) A competitive solicitation would frustrate obtaining necessary information, goods, or services in a timely manner. (C) When it is determined by the commission to be in the best interests of the state. (c) The commission shall not noncompetitively award funds pursuant to this chapter unless both of the following conditions are met: (1) The commission, at least 60 days before taking an action pursuant to this chapter, notifies the Joint Legislative Budget Committee and the relevant policy committees in both houses of the Legislature, in writing, of its intent to take the proposed actions. (2) The Joint Legislative Budget Committee either approves or does not disapprove the proposed action within 60 days from the date of notification required by paragraph (1). (Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, pursuant to Section 25997.7.) - 25997.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. )
The chapter should be read broadly so the commission can use and award federal funds quickly and in line with federal law; it also does not operate unless its purposes are funded through the annual Budget Act or another act.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. ) ## 25997.5. (a) This chapter shall be liberally construed to maximize the commission’s ability to utilize and award federal funds expeditiously and in accordance with federal law. (b) This chapter shall become operative, and its implementation is contingent, upon an appropriation for its purposes in the annual Budget Act or another act. (Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Repealed as of January 1, 2028, pursuant to Section 25997.7.) - 25997.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. )
This chapter stays in force only until January 1, 2028, and is repealed on that date.
## Public Resources Code - PRC ## DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT [25000 - 25997.7] ( Division 15 added by Stats. 1974, Ch. 276. ) ## CHAPTER 19. Fusion Research and Development Innovation Initiative [25997 - 25997.7] ( Chapter 19 added by Stats. 2025, Ch. 334, Sec. 2. ) ## 25997.7. This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Ch. 19, commencing with Section 25997.) - 26000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. )
This division is known, and may be cited, as the California Alternative Energy and Advanced Transportation Financing Authority Act.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26000. This division shall be known, and may be cited, as the California Alternative Energy and Advanced Transportation Financing Authority Act. (Amended by Stats. 1994, Ch. 1218, Sec. 4. Effective January 1, 1995.) - 26001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. )
The Legislature declares that the state should use practical and commercially feasible means to promote renewable energy, energy efficiency, and advanced transportation technologies.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26001. The Legislature hereby finds and declares both of the following: (a) It is essential that the state, in cooperation with the federal government, use all practical and commercially feasible means to promote the prompt and efficient development of energy sources which are renewable or which more efficiently utilize and conserve scarce energy resources. (b) The promotion of sustainable and renewable energy sources, implementation of measures that increase the efficiency of the use of energy, and advanced transportation technologies that reduce the degradation of the environment and lessen the state’s dependence of fossil fuels, and protect the health, welfare, and safety of the people of this state are in the public interest and serve a public purpose. (Amended by Stats. 2012, Ch. 677, Sec. 2. (SB 1128) Effective January 1, 2013.) - 26002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. )
This provision states the division’s purpose: to help reduce greenhouse gas emissions, expand renewable and sustainable energy, improve energy efficiency, create high-quality jobs, reduce dependence on fossil fuels, and provide financing for certain energy and transportation projects.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26002. It is the purpose of this division to advance the state’s goals of reducing the levels of greenhouse gas emissions, increasing the deployment of sustainable and renewable energy sources, implementing measures that increase the efficiency of the use of energy, creating high quality employment opportunities, and lessening the state’s dependence on fossil fuels and to that end to provide an alternative method of financing in providing and promoting the establishment of both of the following: (a) Facilities utilizing alternative methods and sources of energy. (b) Facilities needed for the development and commercialization of advanced transportation technologies. (Amended by Stats. 2012, Ch. 677, Sec. 4. (SB 1128) Effective January 1, 2013.) - 26002.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. )
This division states that it is necessary for the welfare of the state and its inhabitants, and that it should be read liberally to carry out its purposes.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [26000 - 26003] ( Article 1 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26002.5. This division is necessary for the welfare of the state and its inhabitants, and shall be liberally construed to effect its purposes. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26004. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The Treasurer must convene the authority’s first meeting, and the listed members may appoint a deputy or clerk to represent them at authority meetings.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26004. (a) There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function. (b) The authority shall consist of five members, as follows: (1) The Director of Finance. (2) The Chairperson of the State Energy Resources Conservation and Development Commission. (3) The President of the Public Utilities Commission. (4) The Controller. (5) The Treasurer, who shall serve as the chairperson of the authority. (c) The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority. (d) The first meeting of the authority shall be convened by the Treasurer. (Amended by Stats. 1994, Ch. 1218, Sec. 8. Effective January 1, 1995.) - 26005. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
Members of the authority must serve without compensation.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26005. All members of the authority shall serve thereon without compensation as members of the authority. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26006. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority administers this division and has all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed on it.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26006. The provisions of this division shall be administered by the authority which 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. 1980, Ch. 908, Sec. 1.) - 26007. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority must maintain an office in the City of Sacramento.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26007. The authority shall maintain an office in the City of Sacramento. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26008. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may hire an executive director and other needed staff, set the executive director’s compensation, and delegate powers and duties by resolution.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26008. 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 executive director shall serve at the pleasure of the authority and shall receive such compensation as shall be fixed by the authority. The authority may, by resolution, delegate to its executive director, or any other employee of the authority, or the Treasurer’s designee 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. 2012, Ch. 677, Sec. 7. (SB 1128) Effective January 1, 2013.) - 26009. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may adopt, amend, or repeal necessary rules and regulations as emergency regulations.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26009. The authority may adopt, amend, or repeal all rules and regulations necessary to carry out this division as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of the regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Amended by Stats. 2012, Ch. 677, Sec. 8. (SB 1128) Effective January 1, 2013.) - 26010. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The Attorney General is the authority’s legal counsel, and the Director of Finance is the authority’s treasurer. The authority may hire legal counsel, including bond counsel, if the Attorney General approves.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26010. (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 Director of Finance shall be the treasurer of the authority. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26011. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority has power to adopt seals, issue debt, finance projects, set fees and interest rates, contract with others, and carry out related actions.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26011. The authority is authorized and empowered: (a) To adopt an official seal. (b) To sue and be sued in its own name. (c) To issue bonds, notes, bond anticipation notes, and other obligations of the authority, including, at the option of the authority, obligations bearing interest that is taxable for purposes of federal income taxation, for any of its purposes and to fund or refund the same, all as provided in this division. (d) To determine the location and character of a project to be financed under the provisions of this division, to provide financial assistance to a participating party, to enter into loan agreements with a participating party for the financing of a project including creating a lien or security interest in the property, to construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and to enter into contracts for the sale of a project, including installment sales or sales under conditional sales contracts. (e) To fix fees and charges for projects, and interest rates with respect to loans for projects or for loan of moneys to finance projects, and to revise from time to time the fees and charges and interest rates, and to collect rates, rents, fees, loan repayments, and charges for the use of, and for a facility or service furnished, or to be furnished, by a project or part of the project and to contract with a person, partnership, association, corporation, or public agency with respect to the project, and to fix the terms and conditions upon which a project may be sold or disposed of, whether upon installment sales contracts or otherwise. (f) 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 to advance the purposes of this division. (g) To purchase, with proceeds of its bonds or its revenue, bonds issued by a public agency at a public or negotiated sale. Bonds purchased pursuant to this subdivision may be held by the authority or sold to public or private purchasers at public or negotiated sales, in whole or in part, separately or together with other bonds issued by the authority. (h) To do all things generally necessary or convenient to carry out the purposes of this division. (Amended by Stats. 2012, Ch. 677, Sec. 9. (SB 1128) Effective January 1, 2013.) - 26014. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may execute deeds and conveyances to transfer title to a project back to the participating party once the related bonds are paid or adequately provided for and the required conditions are satisfied.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26014. 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 such resolution, indenture, or agreement shall have been released in accordance with the provisions thereof, the authority is authorized, upon such terms and conditions as may be prescribed by the authority, to execute such deeds and conveyances as are necessary or required to convey title to such project to such participating party. (Amended by Stats. 2012, Ch. 677, Sec. 16. (SB 1128) Effective January 1, 2013.) - 26015. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority must act on bond issuance requests within set time limits, and the executive director may act only if authorized by the authority.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26015. (a) The authority, or the executive director of the authority, if authorized to do so by resolution of the authority, shall take official action towards the issuance of bonds with respect to any participating party at the next meeting of the authority occurring more than 30 days following receipt of such application or if by the executive director within 45 days of such receipt. The executive director may be authorized to take such action in a resolution of general authority. Official action towards the issuance of bonds may reserve the right of the authority to further review an application for financing and to consider the terms thereof prior to the issuance of bonds therefor. (b) The authority shall take final action to approve or disapprove of the issuance of bonds or notes to lend financial assistance to participating parties within 60 days of the receipt by the authority of a request from such participating party for such action. Any such request by a participating party for such final action shall be accompanied by evidence of fulfillment of any and all conditions to the issuance of such bonds or notes imposed at the time the first action towards the issuance thereof was taken by the authority and by copies of forms of all principal legal documents to be approved by the authority. (c) The authority may give final approval for the issuance of such bonds or notes upon such terms as it reasonably deems necessary or desirable. (d) Any action under this section shall be at the sole discretion of the authority. (Amended by Stats. 2012, Ch. 677, Sec. 17. (SB 1128) Effective January 1, 2013.) - 26017. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority must submit an annual report to the Legislature by March 31 each year.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 2. Organization of Authority and General Powers and Duties Thereof [26004 - 26017] ( Article 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26017. The authority, no later than March 31 of each year, shall submit to the Legislature a report of its activities for the preceding calendar year ending December 31. Such report shall include (a) a listing of the applications received, (b) a listing of the applications accepted for financing, (c) a specification of bonds sold, interest rates thereon, and whether bond sales were pursuant to public bid or were negotiated, (d) a specification of the amount of bonds authorized but currently unsold, (e) a projection of the authority’s needs and requirements for the coming year, and (f) a report of revenues and expenditures for the preceding fiscal year. (Amended by Stats. 2012, Ch. 677, Sec. 20. (SB 1128) Effective January 1, 2013.) - 26022. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may issue and manage bonds and notes for its purposes, but a note or renewal cannot mature more than three years after the original issue date.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26022. (a) The authority is authorized from time to time to issue its negotiable bonds, notes, debentures, or other securities (hereinafter collectively called “bonds”) for any of its purposes. The 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, or the purchase and sale of alternative source energy or projects pursuant to subdivision (g) of Section 26011. The authority may issue negotiable bond anticipation notes and may renew the notes from time to time. The 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 to the notes and bond anticipation notes, collectively called notes, and the resolution or resolutions authorizing the notes may contain any provisions, conditions, or limitations that a bond, agreement relating to the bond, and bond resolution of the authority may contain. However, a note or renewal of the note 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 obligations shall be general obligations of the authority payable from any revenues or moneys of the authority available for these purposes 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 the bonds, notes, or other obligations may be payable from a special fund, they are 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 a manner, be payable in lawful money of the United States of America at a place or places, and be subject to terms of redemption or tender, as the resolution or resolutions may provide. The bonds or notes shall be sold by the Treasurer as agent for sale. The sales may be a public or private sale, and for the price or prices and on the 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 that shall be exchanged for the definitive bonds. The Treasurer may sell bonds, notes, or other evidence of indebtedness at a price below their par value. However, the discount on a security sold pursuant to this section shall not exceed 6 percent of the par value. (d) A resolution or resolutions authorizing bonds or an issue of bonds may contain provisions that shall be a part of the contract with the holders of the bonds or any credit provider to be authorized, as to all of the following: (1) Pledging the full faith and credit of the authority or pledging all or part of the revenues of a project or a revenue-producing contract or contracts made by the authority with an 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 the agreements with bondholders as may then exist. (2) The rentals, fees, purchase payments, loan repayments, and other charges to be charged, and the amounts to be raised in each year by the charges, and the use and disposition of the revenues. (3) The setting aside of reserves or sinking funds, and the regulation and disposition of the reserves or sinking funds. (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 an issue of bonds then or thereafter to be issued may be applied and pledging those proceeds to secure the payment of the bonds or the 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 a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which that 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 the holders in the event of a default. (10) The mortgaging of a project and the site of the project 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 right of bondholders. (e) Neither the members of the authority nor a person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to personal liability or accountability by reason of the issuance of the bond or note. (f) The authority shall have power out of any funds available for these purposes to purchase its bonds or notes without the cancellation thereof. The authority may hold, pledge, cancel, or resell those bonds, subject to and in accordance with agreements with bondholders. (Amended by Stats. 2012, Ch. 677, Sec. 23. (SB 1128) Effective January 1, 2013.) - 26023. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may secure bonds with a trust agreement and include terms protecting bondholders and credit providers. The State Treasurer is not deemed to have a conflict of interest when acting as trustee under this division.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26023. 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 corporate trustee or trustees, which may be the State Treasurer or any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such 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 such bonds. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or any credit provider as may be reasonable and proper and not in violation of law, including particularly such 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 which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such 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 credit provider. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders or any credit provider. Notwithstanding any other provision of law, the State Treasurer shall not be deemed to have a conflict of interest by reason of acting as trustee pursuant to this division. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of a project. (Amended by Stats. 2012, Ch. 677, Sec. 24. (SB 1128) Effective January 1, 2013.) - 26024. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. )
Bonds issued under this division are not state or local debts, and the state or local governments cannot be forced to tax or appropriate money for them. The authority may still pledge its own full faith and credit for authorized bonds.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26024. 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 contained in this section 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. (Amended by Stats. 2012, Ch. 677, Sec. 25. (SB 1128) Effective January 1, 2013.) - 26025. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may issue bonds to refund existing debt, and may also use bond proceeds, place them in escrow, invest them, and return any remaining balance after escrow terms are satisfied.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3. Bonds and Notes [26022 - 26025] ( Article 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26025. (a) The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding, directly or indirectly, any bonds, notes, or other evidence of indebtedness of the authority or any 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 such 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 such 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 such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. (c) Pending such use, any such 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 such 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 any such 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 such 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 such 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. Prior to refunding bonds or evidence of indebtedness not originally issued by the authority, the authority shall make findings that the project being refinanced qualifies as a project as defined in subparagraph (A) of paragraph (8) of subdivision (a) of Section 26003 until December 31, 2027, and as of January 1, 2028, as defined in subparagraph (A) of paragraph (7) of subdivision (a) of Section 26003. (Amended by Stats. 2025, Ch. 211, Sec. 5. (SB 86) Effective October 1, 2025.) - 26029. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority is exempt from property taxes and assessments on covered projects and related income while it holds title, but that exemption ends when title is transferred to a participating party.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26029. 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 including, but not limited to, taxation upon a possessory interest, with respect to any project, or the property or facilities comprised in any project, which may otherwise be applicable to such participating party. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26029.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. )
The Legislature may terminate the authority, subject to Section 26029.6.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26029.4. Subject to Section 26029.6, 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, subject to the interests of any participating parties therein, vest in and become the property of the State of California and shall not inure to the benefit of any private party. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26029.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. )
This section says the division is an additional and supplemental method for carrying out authorized activities, and it exempts certain bond and project activities from other laws unless this division specifically provides otherwise.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26029.5. This division shall be deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, except that the issuance of bonds and refunding bonds under the provisions of this division need not comply with the requirements of any other law applicable to the issuance of bonds, and provided that, in the construction and acquisition of a project pursuant hereto, the authority need not comply with the requirements of any other law applicable to the construction or acquisition of public works except as specifically provided in this division. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26029.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. )
California pledges that it will not change the authority’s rights until the related obligations are paid and related contracts are fully performed, unless law provides adequate protection for the affected holders or contracting parties.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26029.6. 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, however, 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. 1980, Ch. 908, Sec. 1.) - 26029.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may exercise its powers without regard to other state departments or agencies, and this division does not exempt participating projects from applicable local, state, or federal laws and regulations.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 3.5. Supplemental Bond Provisions [26029 - 26029.8] ( Article 3.5 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26029.8. The powers granted to the authority by this division may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this division are hereby declared to be inapplicable to the provisions of this division. Nothing contained in this division shall be interpreted to exempt the construction or acquisition of any project by any participating party from compliance with all applicable local, state, or federal laws and regulations. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26030. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may contract for a project with a participating party, may agree to pay project costs, and title may be placed in the authority subject to lease and purchase terms.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26030. The authority may contract with any participating party for the construction or acquisition of a project by such participating party. All such 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 such standards for architectural and engineering design as may be established, and subject to such supervision as the authority deems necessary. The authority may agree to pay the cost of such project constructed or acquired by any participating party and to advance such costs from time to time in installments or otherwise as required by the contract for the construction or acquisition thereof. Title to all such 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 such project including the payment of the purchase price under installment sales contracts. (Amended by Stats. 2012, Ch. 677, Sec. 29. (SB 1128) Effective January 1, 2013.) - 26031. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may make leases and agreements for projects, charge rates and fees, and manage project revenues and related funds.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26031. (a) 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, machinery, furnishings, equipment, and alternative sources and advanced transportation technology facilities of any kind or character. (b) The terms and conditions of those leases may be as mutually agreed upon. The 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 any other terms and conditions as the authority may determine. (c) The authority may fix, revise, charge, and collect rates, rents, fees, and charges for each project. Those rates, rents, fees, and charges shall be fixed and adjusted with respect to 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: (1) Pay the principal of and the interest on outstanding bonds, notes, or other evidences of indebtedness of the authority issued with respect to the project as they shall become due and payable. (2) Create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, those bonds, notes, or other evidences of indebtedness. A sufficient amount of the revenues derived from a project may be set aside at regular intervals as may be provided in that 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 those bonds, notes, or other evidences of indebtedness as they 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. That pledge shall be valid and binding from the time 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 that 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 the 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 money to the credit of a sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of those bonds or of that trust agreement. The sinking or other similar fund may be a fund for all bonds, notes, or other evidences of indebtedness of the authority issued to finance projects of a particular participating party without distinction or priority of one over another. However, the authority, in the resolution or trust agreement, may provide that the sinking or other similar fund shall be the fund for a particular project or projects and for the bonds issued to finance 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 that case, the authority may create separate sinking or other similar funds in respect of those subordinate lien bonds, notes, or other evidences of indebtedness. (3) Pay operating and administrative costs of the authority. (Amended by Stats. 1994, Ch. 1218, Sec. 10. Effective January 1, 1995.) - 26032. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may enter into contracts of sale with participating parties for projects it finances.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26032. The authority may enter into contracts of sale with any participating party covering any project financed by the authority. The purchase price pursuant to the contract of sale shall be treated in substantially the same manner and shall be at least sufficient to provide funds for all the purposes provided in Section 26031 and may be paid in installments, together with interest on the unpaid balance, or otherwise, as may be mutually agreed and set forth in the 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 provided in Section 26031 in the case of lease payments or rental charges received by the authority. (Amended by Stats. 2006, Ch. 538, Sec. 581. Effective January 1, 2007.) - 26032.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may finance a project with a loan to the participating party instead of leasing or selling it.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26032.5. 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 26031 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. The provisions of Section 26030 shall not be applicable to projects constructed with moneys loaned pursuant to this section. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26033. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
Money received under this division must be treated as trust funds and used only as this division allows. Any bank or trust company holding the money must act as trustee and manage the funds for those purposes, subject to bond resolutions or trust agreements.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26033. 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, or as fees received by the authority, 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 such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as the resolution authorizing the bonds of any issue or the trust agreements securing such bonds may provide. (Amended by Stats. 2012, Ch. 677, Sec. 30. (SB 1128) Effective January 1, 2013.) - 26034. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
Bondholders and trustees may sue or otherwise act in court to protect and enforce their rights and to compel performance of required duties, unless a resolution or trust agreement restricts those rights.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26034. 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 such trust agreement securing, such 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 such resolution or trust agreements, and may enforce and compel the performance of all duties required by this division or by such 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 such resolution or trust agreement to be fixed, established, and collected. (Amended by Stats. 2012, Ch. 677, Sec. 31. (SB 1128) Effective January 1, 2013.) - 26035. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
Bonds, notes, other obligations issued under this division, and their transfer and income, are exempt from state and local taxation.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26035. 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. 2012, Ch. 677, Sec. 32. (SB 1128) Effective January 1, 2013.) - 26036. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
Procedural omissions or defects do not invalidate bond issuance proceedings if the authority’s jurisdiction to order the proposed act is unaffected.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26036. If the jurisdiction of the authority to order a proposed act is not affected, an omission of any officer or the authority in the proceedings under this division or any other defect in the proceedings shall not invalidate the proceedings for issuance of bonds pursuant to this division. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26037. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. )
An action may be brought under the specified civil procedure chapter to challenge the validity of bond issuances and related authority proceedings.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 1. California Alternative Energy and Advanced Transportation Financing Authority [26000 - 26037] ( Heading of Chapter 1 amended by Stats. 1994, Ch. 1218, Sec. 3. ) ## ARTICLE 4. Construction and Leases of Facilities [26030 - 26037] ( Article 4 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26037. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of bonds under this division and the legality and validity of all proceedings previously taken or proposed in a resolution of the authority to be taken for the authorization, issuance, sale and delivery of the bonds and for the payment of the principal thereof and interest thereon. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26040. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 2. Additional Powers and Duties [26040- 26040.] ( Chapter 2 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority may receive and use grants or loans, and may commit to finance a project in specified circumstances.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 2. Additional Powers and Duties [26040- 26040.] ( Chapter 2 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26040. (a) The authority may receive and utilize grants or loans from the federal government, a public agency, or any other source for carrying out the purposes of this division. (b) The authority may make a commitment to finance a project by a qualified participating party who requests financing from the authority prior to the participating party’s efforts to secure federal matching funds available to promote the development of alternative sources of energy and advanced transportation technologies. (Amended by Stats. 1994, Ch. 1218, Sec. 11. Effective January 1, 1995.) - 26042. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The Legislature states that any General Fund revenue loss from the authority’s bond purchases should be restored from certain revenues, money, and remittances received by the State Lands Commission and allocated under Section 6217.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26042. It is the intent of the Legislature that any loss of revenue to the General Fund occasioned by the purchase of bonds issued by the authority shall be restored to the General Fund from revenues, moneys, and remittances received by the State Lands Commission and allocated pursuant to Section 6217. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26042.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The authority must annually calculate a General Fund revenue loss amount and tell the Controller what it determined.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26042.2. On May 10, 1982, and on each May 10 thereafter, the authority shall make a determination of an amount equal to one-half of 1 percent of the total of all outstanding bonds issued pursuant to the provisions of Article 3 (commencing with Section 26020) of Chapter 1 as of May 1 of such year. The amount determined shall be deemed the General Fund revenue loss for the year. The authority shall inform the Controller of the determination made under this section. (Added by Stats. 1980, Ch. 908, Sec. 1.) - 26042.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. )
The Controller must transfer a specified amount from the Energy and Resources Fund to the General Fund on May 15, 1982, and every May 15 after that, if the section becomes operative.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 3. General Fund Revenue Loss [26042 - 26042.4] ( Chapter 3 added by Stats. 1980, Ch. 908, Sec. 1. ) ## 26042.4. On May 15, 1982, and on each May 15 thereafter, the Controller shall transfer to the General Fund the amount determined by the authority pursuant to Section 26042.2 from the Energy and Resources Fund. This section shall become operative only if Assembly Bill No. 2973 of the 1979–80 Regular Session is chaptered and creates the Energy and Resources Fund. (Added by Stats. 1980, Ch. 908, Sec. 1 (1st text).) - 26050. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
This section says the Legislature intends to help local jurisdictions finance certain clean-energy and efficiency improvements through voluntary contractual assessments, and it does not intend to create state debt, liability, or obligation.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26050. (a) The Legislature finds and declares all of the following: (1) Property Assessed Clean Energy (PACE) financing has been pioneered by municipalities and counties in California as a way for homeowners and small business owners to finance voluntary energy and water efficiency and clean energy improvements. (2) PACE financing was pioneered in the City of Berkeley, while the City and County of San Francisco, City of San Diego, City of Palm Desert, Sonoma County, and the California Statewide Communities Development Authority (CSCDA) have already initiated or are working to launch additional programs. (3) Seventeen other states, including Colorado and New York, have also enacted enabling PACE legislation. (4) The public subsidy provided by the PACE financing is justified by the benefits received in job creation, lower energy demand, and spurring new clean industries that will grow the economy. (b) It is the intent of the Legislature to assist local jurisdictions in financing the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements that are permanently fixed to real property through the use of voluntary contractual assessments. (c) It is not the intent of the Legislature to create any debt, liability, or obligation on the part of the state in assisting local jurisdictions pursuant to this division. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26050.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
The Legislature finds that federally chartered home loan entities have hindered PACE financing implementation and that rapid alternative approaches are needed.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26050.5. The Legislature further finds and declares both of the following: (a) Actions by federally chartered home loan entities have frustrated efforts to accelerate the implementation of the PACE financing program, creating a need to establish effective alternative approaches that can be rapidly deployed to advance the purposes of this division. (b) Among the most promising alternatives that can be implemented rapidly are those intended to increase access to capital for projects that advance the purposes of this division. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26051. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26051. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26052. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
This section defines “applicant” for later articles in the PACE financing chapter.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26052. “Applicant” means, for the purposes of Article 2 (commencing with Section 26060), a public agency as defined in paragraph (3) of subdivision (c) of Section 5898.20 of the Streets and Highways Code, or an entity administering a PACE financing program on behalf of and with written consent of a public agency, and, for the purposes of Article 3 (commencing with Section 26070), a financial institution providing a loan pursuant to that chapter to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements. (Amended by Stats. 2014, Ch. 614, Sec. 2. (AB 2597) Effective January 1, 2015.) - 26053. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
This section defines “Clean Energy Upgrade Program” as a statewide building retrofit financing program for energy and water efficiency and renewable energy generation.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26053. “Clean Energy Upgrade Program” means a statewide energy and water efficiency and renewable energy generation building retrofit financing program developed by the State Energy Resources Conservation and Development Commission and the authority pursuant to Section 26070. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26054. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
This section defines “Property Assessed Clean Energy bond” or “PACE bond” as a bond secured by certain property assessments or special taxes.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26054. “Property Assessed Clean Energy bond” or “PACE bond” means a bond that is secured by any of the following: (a) A voluntary contractual assessment on property authorized pursuant to paragraph (2) of subdivision (a) of Section 5898.20 of the Streets and Highways Code. (b) A voluntary contractual assessment or a voluntary special tax on property to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements that is levied pursuant to a chartered city’s constitutional authority under Section 5 of Article XI of the California Constitution. (c) A special tax on property authorized pursuant to subdivision (b) of Section 53328.1 of the Government Code. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26055. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
This section defines “PACE program” as a program established by an applicant and financed by a PACE bond or a PACE assessment, regardless of funding sources.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26055. “PACE program” means a program established by an applicant that is financed by the PACE bond or a PACE assessment regardless of funding sources. (Amended by Stats. 2014, Ch. 614, Sec. 3. (AB 2597) Effective January 1, 2015.) - 26056. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority may not create debt, liability, or obligations on behalf of the State of California beyond the money provided under this chapter.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 1. General Provisions and Definitions [26050 - 26056] ( Article 1 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26056. This chapter does not create any liability or obligation upon the State of California and none shall be incurred by the authority beyond the extent to which moneys shall have been provided under this division. The authority shall not 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 this chapter. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26060. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must develop and administer a PACE Reserve program and a PACE risk mitigation program.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26060. (a) The authority shall develop and administer a PACE Reserve program to reduce overall costs to the property owners of PACE bonds issued by an applicant by providing a reserve of no more than 10 percent of the initial principal amount of the PACE bond. (b) The authority shall develop and administer a PACE risk mitigation program for PACE financing to increase its acceptance in the marketplace and protect against the risk of default and foreclosure. (Amended by Stats. 2014, Ch. 614, Sec. 4. (AB 2597) Effective January 1, 2015.) - 26061. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. )
The PACE program must require four eligibility conditions before assistance can be provided.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26061. To qualify for assistance pursuant to this chapter, the PACE program shall require all of the following: (a) The interest rate on the PACE bond does not exceed a percentage as determined by the authority to be appropriate. (b) Minimum legal financing structure and credit underwriting criteria as determined by the authority are met. (c) Proceeds of the PACE bonds are used to finance qualified energy and water efficiency, electric vehicle charging infrastructure, and clean energy improvements. (d) The improvement financed is for a residential project of three units or fewer, or a commercial project that costs less than twenty-five thousand dollars ($25,000) in total. (Amended by Stats. 2014, Ch. 614, Sec. 5. (AB 2597) Effective January 1, 2015.) - 26062. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. )
An applicant must submit an application to the authority with specified PACE program and bond-issuance information.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26062. An applicant shall submit to the authority an application providing a detailed description of the PACE program, a detailed description of the transactional activities associated with the PACE bond issuance, including all transactional costs, information regarding any credit enhancement or insurance associated with the PACE program, and other information deemed necessary by the authority. (Amended by Stats. 2014, Ch. 614, Sec. 6. (AB 2597) Effective January 1, 2015.) - 26063. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must consider whether a PACE program meets listed eligibility conditions and application factors.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26063. (a) In evaluating eligibility, the authority shall consider whether the applicant’s PACE program includes the following conditions: (1) Financing recipients are legal owners of underlying property. (2) Financing recipients are current on mortgage and property tax payments. (3) Financing recipients are not in default or in bankruptcy proceedings. (4) Financing is for less than 15 percent of the value of the property, up to the first seven hundred thousand dollars ($700,000) of the value of the property, and is for less than 10 percent of the remaining value of the property above seven hundred thousand dollars ($700,000). (5) The property is within the geographical boundaries of the PACE program. (6) The program offers financing for energy or water efficiency improvements, electric vehicle charging infrastructure, or clean energy improvements. (7) Improvements financed by the program follow applicable standards of energy efficiency retrofit work, including any guidelines adopted by the State Energy Resources Conservation and Development Commission. (8) The total mortgage-related debt and PACE financing on the underlying property does not exceed the value of the property. (b) In evaluating an application, the authority shall consider all of the following factors: (1) The use by the PACE program of best practices, adopted by the authority, to qualify eligible properties for participation in underwriting the PACE program. (2) The cost efficiency of the applicant’s PACE program, including bond issuance, credit enhancement, or insurance. (3) The projected number of jobs created by the PACE program. (4) The applicant’s PACE program requirements for quality assurance and consumer protection as related to achieving efficiency and clean energy production. (5) The mechanisms by which savings produced by this program are passed on to the property owners. (6) Any other factors deemed appropriate by the authority. (Amended by Stats. 2014, Ch. 614, Sec. 7. (AB 2597) Effective January 1, 2015.) - 26064. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must review PACE bond documents, advance approved trust-fund money at bond closing, and sign an agreement with the applicant before reserve-fund money is disbursed.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 2. PACE Reserve Program [26060 - 26064] ( Article 2 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26064. The authority shall review the applicant’s PACE bond issuance, including, but not limited to, indenture, trust agreement, and fiscal agent agreement (“the bond documents”) and, when the authority is satisfied that the bond documents are consistent with the requirements of the PACE Reserve program established pursuant to this chapter, the authority shall advance to the applicant or the applicant’s bond trustee, at the closing of the applicant’s PACE bonds, the amount made available from the Renewable Resource Trust Fund and approved by the authority for use in the PACE bond’s reserve fund under the bond documents. Prior to the disbursement of moneys pursuant to this section into a reserve fund, the authority shall enter into an agreement with the applicant regarding the creation and operation of the reserve fund, including the manner in which the authority will be repaid for any moneys disbursed to the reserve fund. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26070. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must run a Clean Energy Upgrade Program and may provide reserve or other financial help for qualifying loans.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26070. The authority shall administer a Clean Energy Upgrade Program to reduce overall costs to the property owners of a loan provided by an applicant to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements that are permanently fixed to real property by providing a reserve or other financial assistance at a level to be determined by the State Energy Resources Conservation and Development Commission and the authority. Improvements financed pursuant to this program shall be for a residential project of three units or fewer or a commercial project that costs less than twenty-five thousand dollars ($25,000) in total. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26071. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must adopt regulations for implementing this chapter, including quality assurance, at a publicly noticed meeting. Those regulations may be adopted as emergency regulations. The Office of Administrative Law must treat the adoption as necessary for immediate public welfare purposes.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26071. (a) The authority shall adopt regulations governing the implementation of this chapter, including quality assurance pursuant to subdivision (b) of Section 26072, at a publicly noticed meeting. Notwithstanding any other law, regulations adopted pursuant to this section may be adopted as emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including Section 11349.6 of that code, the Office of Administrative Law shall consider the adoption of the regulations pursuant to subdivision (a) to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26072. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. )
Applicants must submit detailed loan-program information to the authority, and the authority must ensure financed improvements meet quality-assurance standards.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26072. (a) An applicant shall submit to the authority an application providing a detailed description of the loan program to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements on real property, a detailed description of the transactional activities associated with the loan issuance, including all transactional costs, and other information deemed necessary by the authority. (b) The authority shall ensure that all improvements financed by the program meet quality assurance standards developed by the authority in consultation with the State Energy Resources Conservation and Development Commission. The standards shall include contractor certification and third-party inspection of an appropriate portion of completed projects to ensure project performance and consumer protection. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26073. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must consider specified conditions and factors when evaluating a loan program or application, and it may approve certain electric vehicle charging infrastructure financing programs if extra conditions are met.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26073. (a) In evaluating eligibility, the authority shall consider whether the applicant’s loan program includes the following conditions: (1) Loan recipients are legal owners of underlying property. (2) Loan recipients are current on mortgage and property tax payments. (3) Loan recipients are not in default or in bankruptcy proceedings. (4) Loans are for less than 10 percent of the value of the property. (5) The program offers financing for energy and water efficiency improvements. (6) Improvements financed by the program follow applicable standards of energy efficiency retrofit work, including any guidelines adopted by the State Energy Resources Conservation and Development Commission. (b) In evaluating an application, the authority shall consider all of the following factors: (1) The use by the loan program of best practices, adopted by the authority, to qualify eligible properties for participation in underwriting the loan program. (2) The cost efficiency of the applicant’s loan program. (3) The projected number of jobs created by the loan program. (4) The applicant’s loan program requirements for quality assurance and consumer protection, as related to achieving efficiency and clean energy production, in accordance with the standards developed pursuant to subdivision (b) of Section 26072. (5) The mechanisms by which savings produced by this program are passed on to the property owners. (6) Any other factors deemed appropriate by the authority. (c) The authority may approve a loan program that offers financing for electric vehicle charging infrastructure if the electric vehicle charging infrastructure is part of a project to install energy efficiency improvements and distributed generation renewable energy resources and is designed so that the project does not increase peak energy demand. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26074. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. )
The authority must require loan-applicant certification, allocate approved financial assistance at loan closing if subdivision (a) is satisfied, and enter into an agreement before providing that assistance.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 3. Clean Energy Upgrade Program [26070 - 26074] ( Article 3 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26074. (a) The authority shall require certification from a loan applicant that each loan offered pursuant to the applicant’s loan program is consistent with the requirements of the Clean Energy Upgrade Program administered pursuant to this chapter. (b) If the conditions of subdivision (a) are satisfied, the authority shall allocate to the applicant, at the closing of the loan, the amount made available from the Renewable Resource Trust Fund in the form of financial assistance as approved by the State Energy Resources Conservation and Development Commission and the authority. Prior to providing financial assistance pursuant to this section, the authority shall enter into an agreement with the applicant regarding the financial assistance, including the process for the possible return of moneys disbursed to or on behalf of the applicant. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26080. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 4. Appropriation and Reporting [26080 - 26082] ( Article 4 added by Stats. 2012, Ch. 677, Sec. 33. )
Up to $50 million is appropriated to the authority from the Renewable Resource Trust Fund for this chapter, and the authority may use up to $550,000 of that amount for initial administrative costs.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 4. Appropriation and Reporting [26080 - 26082] ( Article 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26080. (a) Until January 1, 2015, an amount of up to fifty million dollars ($50,000,000) from the Renewable Resource Trust Fund, established pursuant to Section 25751, is hereby appropriated to the authority for the purposes of this chapter. The moneys appropriated shall remain in the Renewable Resource Trust Fund until the funds are needed by the authority pursuant to this chapter. (b) Of the moneys appropriated in subdivision (a), up to five hundred fifty thousand dollars ($550,000) may be expended by the authority for the initial administrative costs in implementing this chapter. (c) All repayments of moneys disbursed pursuant to this chapter shall be deposited into the Renewable Resource Trust Fund. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26082. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 4. Appropriation and Reporting [26080 - 26082] ( Article 4 added by Stats. 2012, Ch. 677, Sec. 33. )
The section moves $25 million from the unencumbered balance of funds previously appropriated to the authority into the Energy Conservation Assistance Account, then sends certain unexpended funds back to the Renewable Resource Trust Fund on and after January 1, 2013, unless they are encumbered under Section 25417.5.
## Public Resources Code - PRC ## DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT [26000 - 26082] ( Heading of Division 16 amended by Stats. 1994, Ch. 1218, Sec. 2. ) ## CHAPTER 4. Property Assessed Clean Energy (PACE) and Clean Energy Financing Program [26050 - 26082] ( Chapter 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## ARTICLE 4. Appropriation and Reporting [26080 - 26082] ( Article 4 added by Stats. 2012, Ch. 677, Sec. 33. ) ## 26082. (a) Notwithstanding Section 26080, twenty-five million dollars ($25,000,000) of the unencumbered balance of the fifty million dollars ($50,000,000) that was appropriated to the authority pursuant to Section 26080 and is in the Renewable Resource Trust Fund is hereby appropriated to the Energy Conservation Assistance Account established pursuant to Section 25416. (b) Notwithstanding Section 25421, any unexpended funds appropriated pursuant to subdivision (a) remaining in the Energy Conservation Assistance Account on and after January 1, 2013, except to the extent those funds are encumbered pursuant to Section 25417.5, shall revert to the Renewable Resource Trust Fund and be available to the authority for the purposes of this chapter. (Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.) - 26200. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 1. General Provisions [26200 - 26201] ( Chapter 1 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This division may be cited as the California Clean Energy Jobs Act.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 1. General Provisions [26200 - 26201] ( Chapter 1 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26200. This division shall be known and may be cited as the California Clean Energy Jobs Act. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26201. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 1. General Provisions [26200 - 26201] ( Chapter 1 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This section lists the division’s objectives: create energy-efficiency and clean-energy jobs, improve schools and public buildings, encourage private-sector efficiency jobs, maximize job and energy benefits, coordinate existing programs, and provide public accounting of spending, jobs, and benefits.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 1. General Provisions [26200 - 26201] ( Chapter 1 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26201. This division has the following objectives: (a) Create good-paying energy efficiency and clean energy jobs in California. (b) Put Californians to work repairing and updating schools and public buildings to improve their energy efficiency and make other clean energy improvements that create jobs and save energy and money. (c) Promote the creation of new private sector jobs improving the energy efficiency of commercial and residential buildings. (d) Achieve the maximum amount of job creation and energy benefits with available funds. (e) Supplement, complement, and leverage existing energy efficiency and clean energy programs to create increased economic and energy benefits for California in coordination with the California Energy Commission and the California Public Utilities Commission. (f) Provide a full public accounting of all money spent and jobs and benefits achieved so the programs and projects funded pursuant to this division can be reviewed and evaluated. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26205. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
The Clean Energy Job Creation Fund is created in the State Treasury, and $550 million is to be transferred to it from the General Fund in specified fiscal years unless Section 26208 applies.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26205. The Clean Energy Job Creation Fund is hereby created in the State Treasury. Except as provided in Section 26208, the sum of five hundred fifty million dollars ($550,000,000) shall be transferred from the General Fund to the Job Creation Fund in fiscal years 2013–14, 2014–15, 2015–16, 2016–17, and 2017–18. Moneys in the fund shall be available for appropriation for the purpose of funding projects that create jobs in California improving energy efficiency and expanding clean energy generation, including all of the following: (a) Schools and public facilities: (1) Public schools: Energy efficiency retrofits and clean energy installations, along with related improvements and repairs that contribute to reduced operating costs and improved health and safety conditions, on public schools. (2) Universities and colleges: Energy efficiency retrofits, clean energy installations, and other energy system improvements to reduce costs and achieve energy and environmental benefits. (3) Other public buildings and facilities: Financial and technical assistance including revolving loan funds, reduced interest loans, or other financial assistance for cost-effective energy efficiency retrofits and clean energy installations on public facilities. (b) Job training and workforce development: Funding to the California Conservation Corps, Certified Community Conservation Corps, YouthBuild, and other existing workforce development programs to train and employ disadvantaged youth, veterans, and others on energy efficiency and clean energy projects. (c) Public-private partnerships: Assistance to local governments in establishing and implementing Property Assessed Clean Energy (PACE) programs or similar financial and technical assistance for cost-effective retrofits that include repayment requirements. Funding shall be prioritized to maximize job creation, energy savings, and geographical and economic equity. Where feasible, repayment revenues shall be used to create revolving loan funds or similar ongoing financial assistance programs to continue job creation benefits. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26205.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
Certain remaining Clean Energy Job Creation Fund money must be allocated to school transportation grants, loans, and other education funding, and recipient local educational agencies must encumber the money within nine months.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26205.5. (a) Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the available remaining funds, which are the funds allocated to a local educational agency that has not submitted an energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows: (1) The first seventy-five million dollars ($75,000,000) shall be provided to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies for grants or loans for schoolbus retrofit or replacement through a program administered by the Energy Commission, in consultation with the State Air Resources Board. (A) Priority shall be given to school districts, county offices of education, and joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts, county offices of education, or joint power authorities currently operating home-to-school transportation programs on behalf of local educational agencies with a majority of students eligible for free or reduced-price meals in the prior year. (B) Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped. (C) A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission. (2) The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies’ student populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable: (A) The amount of any grant awarded for the project pursuant to paragraph (3). (B) Any state, federal, or local incentives that have been provided for the project. (3) (A) (i) The remaining moneys, if any, shall be provided to local educational agencies in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows: (I) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000. (II) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000. (III) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000. (ii) The Energy Commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2. (B) The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project. (C) For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education. (b) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation. (c) For purposes of this section, the following definitions apply: (1) “Energy Commission” means the State Energy Resources Conservation and Development Commission. (2) “Local educational agency” means a school district, county office of education, charter school, or state special school. (Amended by Stats. 2018, Ch. 32, Sec. 127. (AB 1808) Effective June 27, 2018.) - 26206. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
Money from the Job Creation Fund must be used under criteria that favor in-state jobs, energy benefits, cost effectiveness, contracts, audits, low overhead, qualified agencies, and coordination with state energy commissions.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26206. The following criteria apply to all expenditures from the Job Creation Fund: (a) Project selection and oversight shall be managed by existing state and local government agencies with expertise in managing energy projects and programs. (b) All projects shall be selected based on in-state job creation and energy benefits for each project type. (c) All projects shall be cost effective: total benefits shall be greater than project costs over time. Project selection may include consideration of non-energy benefits, such as health and safety, in addition to energy benefits. (d) All projects shall require contracts that identify the project specifications, costs, and projected energy savings. (e) All projects shall be subject to audit. (f) Program overhead costs shall not exceed 4 percent of total funding. (g) Funds shall be appropriated only to agencies with established expertise in managing energy projects and programs. (h) All programs shall be coordinated with the California Energy Commission and the California Public Utilities Commission to avoid duplication and maximize leverage of existing energy efficiency and clean energy efforts. (i) Eligible expenditures include costs associated with technical assistance, and with reducing project costs and delays, such as development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26208. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
If Finance and the Legislative Analyst jointly find the estimated annual revenue increase is under $1.1 billion, the transfer to the Job Creation Fund must be cut to half of that estimated increase.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 2. Clean Energy Job Creation Fund [26205 - 26208] ( Chapter 2 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26208. If the Department of Finance and the Legislative Analyst jointly determine that the estimated annual increase in revenues as a result of the amendment, addition, or repeal of Sections 25128, 25128.5, 25128.7, and 25136 of the Revenue and Taxation Code is less than one billion one hundred million dollars ($1,100,000,000), the amount transferred to the Job Creation Fund shall be decreased to an amount equal to one-half of the estimated annual increase in revenues. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 2621. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
This chapter may be cited as the Alquist-Priolo Earthquake Fault Zoning Act.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621. This chapter shall be known, and may be cited, as the Alquist-Priolo Earthquake Fault Zoning Act. (Amended by Stats. 1993, Ch. 197, Sec. 2. Effective January 1, 1994.) - 2621.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
This section says earthquake fault zoning rules apply to projects in delineated earthquake fault zones, subject to an exception, and local implementation must follow policies and criteria adopted by the board.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621.5. (a) It is the purpose of this chapter to provide for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties in implementation of the general plan that is in effect in any city or county. The Legislature declares that this chapter is intended to provide policies and criteria to assist cities, counties, and state agencies in the exercise of their responsibility to prohibit the location of developments and structures for human occupancy across the trace of active faults. Further, it is the intent of this chapter to provide the citizens of the state with increased safety and to minimize the loss of life during and immediately following earthquakes by facilitating seismic retrofitting to strengthen buildings, including historical buildings, against ground shaking. (b) This chapter is applicable to any project, as defined in Section 2621.6, which is located within a delineated earthquake fault zone, upon issuance of the official earthquake fault zones maps to affected local jurisdictions, except as provided in Section 2621.7. (c) The implementation of this chapter shall be pursuant to policies and criteria established and adopted by the board. (Amended by Stats. 1993, Ch. 916, Sec. 1. Effective January 1, 1994.) - 2621.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
This section defines “project” for this chapter and explains when a mobilehome is treated as a single-family dwelling.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621.6. (a) As used in this chapter, “project” means either of the following: (1) Any subdivision of land that is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and that contemplates the eventual construction of structures for human occupancy. (2) Structures for human occupancy, with the exception of either of the following: (A) Single-family wood-frame or steel-frame dwellings to be built on parcels of land for which geologic reports have been approved pursuant to paragraph (1). (B) A single-family wood-frame or steel-frame dwelling not exceeding two stories when that dwelling is not part of a development of four or more dwellings. (b) For the purposes of this chapter, a mobilehome whose body width exceeds eight feet shall be considered to be a single-family wood-frame dwelling not exceeding two stories. (c) Terms used in this chapter that are not defined by this chapter shall have the same meaning as defined in the California Building Standards Code (Part 2 (commencing with Section 1.1.1) of Title 24 of the California Code of Regulations). (Amended by Stats. 2023, Ch. 825, Sec. 1. (AB 1046) Effective January 1, 2024.) - 2621.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
This section says Chapter 7.5 generally does not apply to certain listed projects and structures, and it sets conditions for exemption requests and permit handling.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621.7. This chapter, except Section 2621.9, shall not apply to any of the following: (a) The conversion of an existing apartment complex into a condominium. (b) An alteration to any structure for human occupancy if the value of the alteration does not exceed 50 percent of the appraised value of the structure and, if the alteration results in a change in the use or occupancy of the structure, the change does not authorize a greater human occupant load and is less hazardous, based on life and fire risk, than the existing authorized use or occupancy of the structure permitted by the city or county with jurisdiction over the structure. (c) (1) Any structure located within the jurisdiction of the City of Berkeley or the City of Oakland that was damaged by fire between October 20, 1991, and October 23, 1991, if granted an exemption pursuant to this subdivision. (2) The city may apply to the State Geologist for an exemption and the State Geologist shall grant the exemption only if the structure located within the earthquake fault zone is not situated upon a trace of an active fault line, as delineated in the official earthquake fault zone map or in more recent geologic data, as determined by the State Geologist. (3) When requesting an exemption, the city shall submit to the State Geologist all of the following information: (A) Maps noting the parcel numbers of proposed building sites that are at least 50 feet from an identified fault and a statement that there is not any more recent information to indicate a geologic hazard. (B) Identification of any sites that are within 50 feet of an identified fault. (C) Proof that the property owner has been notified that the granting of an exemption is not any guarantee that a geologic hazard does not exist. (4) The granting of the exemption does not relieve a seller of real property or an agent for the seller of the obligation to disclose to a prospective purchaser that the property is located within a delineated earthquake fault zone, as required by Section 2621.9. (d) (1) Alterations that include seismic retrofitting, as defined in Section 8894.2 of the Government Code, to any of the following listed types of structures for human occupancy: (A) Buildings, as described in subdivision (a) of Section 8875 of the Government Code, with unreinforced masonry unit (URM) or lateral force resisting systems, or buildings with URM infill walls that interact with the lateral force resisting system. (B) Buildings with flexible diaphragms and deficient out-of-plane anchorage to concrete or masonry bearing or nonbearing walls permitted under the 1994 or earlier editions of the Uniform Building Code. (C) Reinforced nonductile concrete buildings permitted under the 1991 or earlier editions of the Uniform Building Code. (D) Wood-framed buildings with soft, weak, or open-front wall lines on the ground floor permitted under the 1994 or earlier editions of the Uniform Building Code. (E) Buildings with precast concrete members attached with nonductile connections permitted under the 1994 or earlier editions of the Uniform Building Code. (F) Steel-frame buildings with welded moment frame connections permitted under the 1994 or earlier editions of the Uniform Building Code. (G) Steel-braced frame buildings permitted under the 1994 or earlier editions of the Uniform Building Code. (H) Wood-framed buildings on or into a slope greater than one unit vertical and three units horizontal (33.3 percent) permitted under the 1994 or earlier editions of the Uniform Building Code. (2) The exemption granted by paragraph (1) shall not apply unless a city or county acts in accordance with all of the following: (A) The building permit issued by the city or county for the alterations authorizes no greater human occupant load, regardless of proposed use or occupancy, than that authorized for the existing use or occupancy permitted at the time the city or county grants the exemption. This may be accomplished by the city or county making a human occupant load determination that is based on, and no greater than, the existing authorized use or occupancy, and including that determination on the building permit application as well as a statement substantially as follows: “Under subparagraph (A) of paragraph (2) of subdivision (d) of Section 2621.7 of the Public Resources Code, the occupant load is limited to the occupant load for the last lawful use or occupancy authorized or existing before the issuance of this building permit, as determined by the city or county.” (B) The city or county requires seismic retrofitting, as defined in Section 8894.2 of the Government Code, that is necessary to strengthen the entire structure for human occupancy and provide increased resistance to ground shaking from earthquakes. (C) Exemptions granted pursuant to paragraph (1) are reported in writing to the State Geologist within 30 days of the building permit issuance date. (3) Any structure for human occupancy with restrictions under subparagraph (A) of paragraph (2) shall not be granted a new building permit that allows an increase in human occupant loads unless a geologic report, prepared pursuant to subdivision (d) of Section 3603 of Title 14 of the California Code of Regulations in effect on January 1, 1994, demonstrates that the structure is not on the trace of an active fault, or the requirement of a geologic report has been waived pursuant to Section 2623. (4) A qualified historical building within an earthquake fault zone that is exempt pursuant to this subdivision may be repaired or seismically retrofitted using the State Historical Building Code, except that, notwithstanding any provision of that building code and its implementing regulations, paragraph (2) shall apply. (Amended by Stats. 2023, Ch. 825, Sec. 2. (AB 1046) Effective January 1, 2024.) - 2621.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
A city or county that knowingly issues a permit granting a specified exemption may be liable for earthquake-related injuries or deaths if the permit does not meet the stated requirements.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621.8. Notwithstanding Section 818.2 of the Government Code, a city or county which knowingly issues a permit that grants an exemption pursuant to subdivision (d) of Section 2621.7 that does not adhere to the requirements of paragraph (2) of subdivision (d) of Section 2621.7, may be liable for earthquake-related injuries or deaths caused by its failure to so adhere. (Amended by Stats. 2023, Ch. 825, Sec. 3. (AB 1046) Effective January 1, 2024.) - 2621.9. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
Certain real property transferors or their agents must disclose when the property is in a delineated earthquake fault zone.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2621.9. (a) A person who is acting as an agent for a transferor of real property that is located within a delineated earthquake fault zone, or the transferor, if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a delineated earthquake fault zone. (b) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a delineated earthquake fault zone. (2) A map that includes the property has been provided to the city or county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a delineated earthquake fault hazard zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision. (e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor: (1) Persons specified in Section 1103.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (f) For purposes of this section, Section 1103.13 of the Civil Code shall apply. (g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Amended by Stats. 1999, Ch. 876, Sec. 8. Effective January 1, 2000.) - 26210. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This section creates the Citizens Oversight Board and requires it to oversee Job Creation Fund spending through annual review, an independent audit, public reporting, and an evaluation to the Legislature.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26210. (a) The Citizens Oversight Board is hereby created. (b) The board shall be composed of nine members: three members shall be appointed by the Treasurer, three members by the Controller, and three members by the Attorney General. Each appointing office shall appoint one member who meets each of the following criteria: (1) An engineer, architect, or other professional with knowledge and expertise in building construction or design. (2) An accountant, economist, or other professional with knowledge and expertise in evaluating financial transactions and program cost-effectiveness. (3) A technical expert in energy efficiency, clean energy, or energy systems and programs. (c) The California Public Utilities Commission and the California Energy Commission shall each designate an ex officio member to serve on the board. (d) The board shall do all of the following: (1) Annually review all expenditures from the Job Creation Fund. (2) Commission and review an annual independent audit of the Job Creation Fund and of a selection of projects completed to assess the effectiveness of the expenditures in meeting the objectives of this division. (3) Publish a complete accounting of all expenditures each year, posting the information on a publicly accessible Internet Web site. (4) Submit an evaluation of the program to the Legislature identifying any changes needed to meet the objectives of this division. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26211. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
Funding for the board is available only if the Legislature appropriates it in the annual Budget Act.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26211. Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act. (Amended by Stats. 2017, Ch. 55, Sec. 2. (SB 110) Effective July 10, 2017.) - 26212. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This section sets how the board operates: members serve four-year terms, may be reappointed twice, have one vote each, votes must be recorded in the minutes, the board must choose a chair and vice chair, and members are not paid but may be reimbursed for necessary expenses.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26212. (a) Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms. (b) A majority of board members shall constitute a quorum. (c) The board’s principal office shall be located in the State Energy Resources Conservation and Development Commission’s office in Sacramento. (d) Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board. (e) The board shall select from among its members a chair and a vice chair, as provided in Section 26214. (f) Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. (g) Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217. (Amended by Stats. 2017, Ch. 55, Sec. 3. (SB 110) Effective July 10, 2017.) - 26213. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
The board must meet at least four times a year, the chair must prepare each meeting agenda with staff help, and the board and its committees must follow the Bagley-Keene Open Meeting Act and the California Public Records Act.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26213. (a) The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business. (b) The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public. (c) The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (d) The board shall comply with, and be subject to, the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 387. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 26214. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This section sets how the board’s chair and vice chair are selected and what the chair, vice chair, and board staff must do.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26214. (a) The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General. (b) The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected. (c) The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards. (d) In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair. (e) The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced. (f) The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chair’s absence. (g) Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission. (Amended by Stats. 2017, Ch. 55, Sec. 5. (SB 110) Effective July 10, 2017.) - 26215. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
The board and chair control how committees are created and run, and committees may act only within delegated authority.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26215. (a) The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committee’s scope and authority, and establish rules of operation for the committees. (b) Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board. (c) In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee. (d) The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committee’s status, purpose, or authority at any time. (e) A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committee’s delegated authority is prohibited without specific board approval. (Amended by Stats. 2017, Ch. 55, Sec. 6. (SB 110) Effective July 10, 2017.) - 26216. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
The board must review project progress and status and prepare, approve, distribute, publish, and submit annual reports under specified conditions.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26216. (a) The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains. (b) The process for preparing, approving, and distributing the annual reports shall be as follows: (1) The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board. (2) The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment. (3) After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the board’s Internet Web site. (c) The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. (Amended by Stats. 2017, Ch. 55, Sec. 7. (SB 110) Effective July 10, 2017.) - 26217. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
The board must account for and pay its expenses consistently with the State Administrative Manual, may delegate expense-approval/payment authority, must review over-budget or flagged expenditures at the next meeting, and must publish expenses in its annual report.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 3. Accountability, Independent Audits, Public Disclosure [26210 - 26217] ( Chapter 3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26217. (a) Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both. (b) Expenditure items exceeding the board’s budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting. (c) The chair shall be responsible for tracking the board’s budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission. (d) The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed. (e) The expenses of the board shall be published in the board’s annual report required by Section 26216. (Amended by Stats. 2017, Ch. 55, Sec. 8. (SB 110) Effective July 10, 2017.) - 2622. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
The State Geologist must map earthquake fault zones, update them when needed, share the maps with affected governments, and counties receiving an official map must post a notice within five days.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2622. (a) In order to assist cities and counties in their planning, zoning, and building-regulation functions, the State Geologist shall delineate appropriately wide earthquake fault zones to encompass all potentially and recently active traces of the San Andreas, Calaveras, Hayward, and San Jacinto Faults, and such other faults, or segments thereof, as the State Geologist determines to be sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. The earthquake fault zones shall ordinarily be one-quarter mile or less in width, except in circumstances which may require the State Geologist to designate a wider zone. (b) Pursuant to this section, the State Geologist shall compile maps delineating the earthquake fault zones and shall submit those maps to all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days after the comment period concludes, the State Geologist shall provide copies of the official maps to concerned state agencies and to each city or county having jurisdiction over lands lying within that zone. (c) The State Geologist shall continually review new geologic and seismic data and shall revise the earthquake fault zones or delineate additional earthquake fault zones when warranted by new information. The State Geologist shall submit all revised maps and additional maps to all affected cities, counties, and state agencies for their review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days after the comment period concludes, the State Geologist shall provide copies of the revised and additional official maps to concerned state agencies and to each city or county having jurisdiction over lands lying within the earthquake fault zone. (d) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the offices of the county recorder, county assessor, and county planning commission, identifying the location of the map and the effective date of the notice. (Amended by Stats. 2025, Ch. 236, Sec. 11. (SB 831) Effective January 1, 2026.) - 26220. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 4. Definitions [26220- 26220.] ( Chapter 4 added November 6, 2012, by initiative Proposition 39, Sec. 2. )
This section defines terms used in the division, including “clean energy,” “Board,” “Job Creation Fund,” and “program overhead costs.”
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 4. Definitions [26220- 26220.] ( Chapter 4 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## 26220. The following definitions apply to this division: (a) “Clean energy” means a device or technology that meets the definition of “renewable energy” in Section 26003, or that contributes to improved energy management or efficiency. (b) “Board” means the Citizens Oversight Board established in Section 26210. (c) “Job Creation Fund” means the Clean Energy Job Creation Fund established in Section 26205. (d) “Program overhead costs” include staffing for state agency development and management of funding programs pursuant to this division, but excluding technical assistance, evaluation, measurement, and validation, or costs related to increasing project efficiency or performance, and costs related to local implementation. (Added November 6, 2012, by initiative Proposition 39, Sec. 2.) - 26225. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
This section defines several terms used in the chapter.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26225. For the purposes of this chapter, the following terms have the following meanings: (a) “Chancellor” means the Chancellor of the California Community Colleges. (b) “Energy Commission” means the State Energy Resources Conservation and Development Commission. (c) “Local education agency,” “local educational agency,” or “LEA” means a school district, county office of education, charter school, or state special school. (d) “Job Creation Fund” means the Clean Energy Job Creation Fund established in Section 26205. (Amended by Stats. 2013, Ch. 357, Sec. 53. (SB 97) Effective September 26, 2013.) - 26227. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
This section moves $28 million to the Education Subaccount for 2013–14 and gives the Energy Commission responsibility to support loans and related assistance.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26227. (a) (1) For the 2013–14 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated to the Energy Commission for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance. (2) For the 2013–14 fiscal year, funds in the Education Subaccount shall be available for local educational agencies and community college districts. If a local educational agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local educational agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local educational agency or community college district’s participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity. (b) For the 2014–15 through 2017–18 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget. (c) Funds remaining in the Education Subaccount after the 2017–18 fiscal year shall continue to be available in future years pursuant to Section 26205.5. (Amended by Stats. 2017, Ch. 55, Sec. 9. (SB 110) Effective July 10, 2017.) - 26227.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
This section establishes the Clean Energy Job Creation Program and sets rules for how its funds must be selected, allocated, overseen, and spent.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26227.2. (a) Commencing with the 2018–19 fiscal year, the Clean Energy Job Creation Program is hereby established for the purpose of funding projects described in paragraph (1) or (2) of subdivision (a) of Section 26205 that create jobs in California improving energy efficiency and expanding clean energy generation. (b) All of the following criteria shall apply to the Clean Energy Job Creation Program: (1) Project selection and oversight shall be managed by, and funds shall be appropriated only to, existing state and local government agencies with established expertise in managing energy projects and programs. (2) All projects shall be selected based on in-state job creation and energy benefits for each project type. (3) All projects shall be cost effective with the total benefits being greater than the costs of the project over time. Project selection may, in addition to energy benefits, include consideration of nonenergy benefits, such as health and safety. (4) All projects shall require contracts that identify the project specifications, costs, and projected energy savings. (5) All projects shall be subject to audit. (6) Program overhead costs, including administrative costs incurred by the Energy Commission, shall not exceed 4 percent of the total funding. (7) Agencies administering the program shall coordinate with the Energy Commission and the Public Utilities Commission to avoid duplication and to maximize leverage of existing energy efficiency and clean energy efforts. (8) Eligible expenditures include expenditures associated with technical assistance and with reducing project costs and delays, including the development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation. (c) Commencing with the 2018–19 fiscal year, funds appropriated in the annual Budget Act or another statute for the Clean Energy Job Creation Program shall be available as follows: (1) Eleven percent of the funds shall be available to community college districts, to be allocated by the Chancellor of the California Community Colleges at his or her discretion for program purposes. (2) (A) The remaining moneys shall be allocated to local educational agencies as follows: (i) Ten percent shall be for local educational agencies with an average daily attendance of not more than 1,000. (ii) Ten percent shall be for local educational agencies with an average daily attendance of more than 1,000 and not more than 2,000. (iii) Eighty percent shall be for local educational agencies with an average daily attendance of more than 2,000. (B) The Energy Commission may adjust the funding allocations specified in subparagraph (A) and may add additional categories based on average daily attendance to further the purposes of this section. (C) The Energy Commission in allocating grants to local educational agencies pursuant to this section shall give priority based on the following: (i) The local educational agency’s percentage of students eligible for free or reduced-price meals in the prior year. (ii) Geographic diversity that ensures urban, suburban, and rural local educational agencies receive grants and ensures the awarding of grant funding in all regions of the state. (iii) Workforce needs of the areas in which the local educational agencies are located, as determined by the California Workforce Investment Board and the local workforce investment boards. (d) A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation. (e) For purposes of this section, a “local educational agency” means a school district, county office of education, charter school, or state special school. (Amended by Stats. 2017, Ch. 250, Sec. 18. (AB 129) Effective September 16, 2017.) - 2623. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
Cities and counties must follow state-set geology policies, require a geologic report before approving a project, and may waive that report if there is no undue hazard and the State Geologist approves.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2623. (a) The approval of a project by a city or county shall be in accordance with policies and criteria established by the State Mining and Geology Board and the findings of the State Geologist. In the development of those policies and criteria, the State Mining and Geology Board shall seek the comment and advice of affected cities, counties, and state agencies. Cities and counties shall require, prior to the approval of a project, a geologic report defining and delineating any hazard of surface fault rupture. If the city or county finds that no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the approval of the State Geologist. (b) After a report has been approved or a waiver granted, subsequent geologic reports shall not be required, provided that new geologic data warranting further investigations is not recorded. (c) The preparation of geologic reports that are required pursuant to this section for multiple projects may be undertaken by a geologic hazard abatement district. (Amended by Stats. 1993, Ch. 916, Sec. 5. Effective January 1, 1994.) - 26230. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
The California Workforce Investment Board must use the $3 million appropriation to develop and run a competitive grant program for eligible training organizations.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26230. (a) The sum of three million dollars ($3,000,000) is hereby appropriated from the Job Creation Fund to the California Workforce Investment Board to develop and implement a competitive grant program for eligible community-based and other training workforce organizations preparing disadvantaged youth or veterans for employment. (b) In developing and implementing the program, the board shall do all of the following: (1) In consultation with the Energy Commission and the Public Utilities Commission, develop a competitive process to award grants to eligible entities and evaluate and select applications for grants. (2) Administer grants to eligible entities for the purposes of work experience and job training on energy efficiency and clean energy projects. (c) In awarding the grants, the California Workforce Investment Board shall give priority to projects that include the following elements: (1) Specific skills gained through hands-on application related to energy efficiency and clean energy that is embedded in, or linked to, a broader occupational training program. (2) Actual work experience gained through hands-on clean energy project implementation. (3) Industry-recognized credentials and certificates. (4) Training that demonstrates a high probability of placement of trainees into career track jobs. (5) A partnership with state-approved apprenticeship programs that promote industry-recognized skills and credentials through work experience and lead to placement in a state-approved apprenticeship programs. (Added by Stats. 2013, Ch. 29, Sec. 2. (SB 73) Effective June 27, 2013.) - 26233. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
This section allocates Job Creation Fund money to local educational agencies and community college districts, sets allocation formulas, lets certain local educational agencies request two years of funding early, and requires local educational agencies to encumber received funds by June 30, 2019.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26233. (a) Commencing with the 2013–14 fiscal year and through the 2017–18 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows: (1) Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b). (2) Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion. (b) The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows: (1) Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System. (A) For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000). (B) For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agency’s proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger. (C) For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agency’s proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger. (D) For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agency’s proportional award on the basis of average daily attendance. (2) Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year. (3) For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits. (c) A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b). (d) A local educational agency shall encumber funds received pursuant to this section by June 30, 2019. (Amended by Stats. 2017, Ch. 55, Sec. 11. (SB 110) Effective July 10, 2017.) - 26235. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
The Energy Commission must establish and adopt guidelines for energy-project funding, notices, and review processes, and LEAs and community college districts must follow specified funding and procurement rules.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26235. (a) The Energy Commission, in consultation with the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, and the Public Utilities Commission, shall establish guidelines for the following: (1) Standard methods for estimating energy benefits, including reasonable assumptions for current and future costs of energy, and guidelines to compute the cost of energy saved as a result of implementing eligible projects funded by this chapter. (2) Contractor qualifications, licensing, and certifications appropriate for the work to be performed, provided that the Energy Commission shall not create any new qualification, license, or certification pursuant to this subparagraph. (3) Project evaluation, including the following: (A) Benchmarks or energy rating systems to select best candidate facilities. (B) Use of energy surveys or audits to inform project opportunities, costs, and savings. (C) Sequencing of facility improvements. (D) Methodologies for cost-effectiveness determination. (4) To ensure that adequate energy audit, measurement, and verification procedures are employed to ensure that energy savings and greenhouse gas emissions reductions occur as a result of any funding provided pursuant to this section. The Energy Commission shall develop a simple preinstallation verification form that includes project description, estimated energy savings, expected number of jobs created, current energy usage, and costs. The Energy Commission may develop benchmarking and other innovative facility evaluation systems in coordination with the University of California. (5) Achievement of the maximum feasible energy efficiency or clean energy benefits, as well as job creation benefits for Californians, resulting from projects implemented pursuant to this chapter. (6) Where applicable, ensuring LEAs assist classified school employees with training and information to better understand how they can support and maximize the achievement of energy savings envisioned by the funded project. (b) The Energy Commission shall allow the use of data analytics of energy usage data, where possible, in the energy auditing, evaluation, inventorying, measuring, and verification of projects. To ensure quality of results, data analytics providers shall have received prior technical validation by the Energy Commission, a local utility, or the Public Utilities Commission. (c) A community college district or LEA shall not use a sole source process to award funds pursuant to this chapter. A community college district or LEA may use the best value criteria as defined in paragraph (1) of subdivision (c) of Section 20133 of the Public Contract Code to award funds pursuant to this chapter. (d) The Energy Commission shall adopt the guidelines in accordance with this section at a publicly noticed meeting and provide an opportunity for public comment. The Energy Commission shall provide written public notice of a meeting at least 30 days prior to the meeting. (1) For substantive revision of the guidelines, the Energy Commission shall provide written notice of a meeting at least 15 days prior to the meeting at which the revision is to be considered or adopted. (2) The adoption or revision of guidelines pursuant to this division is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) Each participating LEA shall prioritize the eligible projects within its jurisdiction taking into consideration, as applicable, at least the following factors: (1) The age of the school facilities, as well as any plans to close or demolish the facilities. (2) The proportion of pupils eligible for funds under Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) at particular schoolsites. (3) Whether the facilities have been recently modernized. (4) The facilities’ hours of operation, including whether the facilities are operated on a year-round basis. (5) The school’s energy intensity as determined from an energy rating or benchmark system such as the United States Environmental Protection Agency’s Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or reputable building analysis software as is appropriate to the size, budget, and expertise available to the school. (6) The estimated financial return of each project’s investment over the expected lifecycle of the project, in terms of net present value and return on investment. (7) Each project’s potential for energy demand reduction. (8) The anticipated health and safety improvements or other nonenergy benefits for each project. (9) The individual or collective project’s ability to facilitate matriculation of local residents into state-certified apprenticeship programs. (10) The expected number of trainees and direct full-time employees likely to be engaged for each LEA’s annual funding commitments based upon a formula to be made available by the Energy Commission or California Workforce Investment Board. The formula shall be stated as labor-intensities per total project dollar expended, and may differentiate by type of improvement, equipment, or building trade involved. (11) The ability of the project to enhance workforce development and employment opportunities, utilize members of the California Conservation Corps, certified local conservation corps, Youth Build, veterans, Green Partnership Academies, nonprofit organizations, high school career technical academies, high school regional occupational programs, or state-certified apprenticeship programs, or to accommodate learning opportunities for school pupils or at-risk youth in the community. (f) The Superintendent of Public Instruction shall not distribute funds to an LEA unless the LEA has submitted to the Energy Commission, and the Energy Commission has approved, an expenditure plan that outlines the energy projects to be funded. An LEA shall utilize a simple form expenditure plan developed by the Energy Commission. The Energy Commission shall promptly review the plan to ensure that it meets the criteria specified in this section and in the guidelines developed by the Energy Commission. A portion of the funds may be distributed to an LEA upon request for energy audits and other plan development activities prior to submission of the plan. (g) This section shall not affect the eligibility of any eligible entity awarded a grant pursuant to this section to receive other incentives available from federal, state, and local government, or from public utilities or other sources, or to leverage the grant from this section with any other incentive. (h) Any limitation of funds awarded to individual projects pursuant to this chapter shall not preclude or otherwise limit the total amount of funds that a recipient LEA or community college may otherwise be eligible to receive as a result of identifying multiple projects that meet the overall objectives and criteria described in this chapter. (i) For a school facility that is not publicly owned, an LEA receiving moneys pursuant to this chapter for a project for that facility shall require that the school repay to the state all moneys received from the Job Creation Fund for the project if the school voluntarily vacates the facility within five years of project completion. The facility owner shall repay to the state all moneys received from the Job Creation Fund for the project if the school was forced to vacate the facility within the life of the project completion. All benefits of these public funds should be received by the school utilizing the facility. (j) It is the intent of the Legislature that monetary savings at eligible institutions from retrofit and installation projects pursuant to this section be used to benefit students and learning at those institutions. (Amended by Stats. 2017, Ch. 250, Sec. 19. (AB 129) Effective September 16, 2017.) - 26237. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
The Energy Commission must keep information about certain local education agencies and community college districts, and the public database must include metrics for electric, gas, and cost savings.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26237. The Energy Commission shall maintain information on the local education agencies and community college districts that receive grants, loans, or other financial assistance under this chapter. The publicly available and searchable database shall include relevant metrics, to be determined by the Energy Commission, for electric, gas, and cost savings of the projects. (Added by Stats. 2013, Ch. 29, Sec. 2. (SB 73) Effective June 27, 2013.) - 2624. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
Cities and counties may adopt stricter earthquake-fault-zoning policies, charge additional fees, and choose not to grant chapter exemptions.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2624. Notwithstanding any provision of this chapter, cities and counties may do any of the following: (1) Establish policies and criteria which are stricter than those established by this chapter. (2) Impose and collect fees in addition to those required under this chapter. (3) Determine not to grant exemptions authorized under this chapter. (Amended by Stats. 1993, Ch. 916, Sec. 6. Effective January 1, 1994.) - 26240. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. )
Recipients of Job Creation Fund money must authorize utility records sharing, file project expenditure reports on schedule, and comply with audits and possible payback requirements.
## Public Resources Code - PRC ## DIVISION 16.3. CLEAN ENERGY JOB CREATION [26200 - 26240] ( Division 16.3 added November 6, 2012, by initiative Proposition 39, Sec. 2. ) ## CHAPTER 5. Proposition 39 Implementation [26225 - 26240] ( Chapter 5 added by Stats. 2013, Ch. 29, Sec. 2. ) ## 26240. (a) To later quantify the costs and benefits of funded projects, an entity that receives funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2 shall authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the Energy Commission. (b) As a condition of receiving funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, not sooner than one year but no later than 15 months after an entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, the entity shall submit a report of its project expenditures to the Citizens Oversight Board created pursuant to Chapter 3 (commencing with Section 26210). To the extent practical, this report shall also contain information on any of the following: (1) The total final gross project cost before deducting any incentives or other grants and the percentage of total project cost derived from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2. (2) The estimated amount of energy saved, accompanied by specified energy consumption and utility bill cost data for the individual facility where the project is located, in a format to be specified by the Energy Commission. (3) The nameplate rating of new clean energy generation installed. (4) The number of trainees. (5) The number of direct full-time equivalent employees and the average number of months or years of utilization of each of these employees. (6) The amount of time between awarding of the financial assistance and the completion of the project or training activities. (7) The entity’s energy intensity before and after project completion, as determined from an energy rating or benchmark system, to be determined by the Energy Commission, such as the United States Environmental Protection Agency’s Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly available building analysis software as is appropriate to the size, budget, and expertise available to the school. (c) If an LEA completes more than one project, the required information for a second and any subsequent project shall be submitted no later than the first full quarter following project completion. (d) To minimize the calculation burden on LEAs, the Energy Commission shall develop a method to utilize the data submitted by each recipient LEA in its project reports, such as utility consumption data, building operating characteristics, and other information, to calculate for each project, LEA, or the state as a whole the actual or estimated energy and cost savings. This method shall include a means to combine gas and electric savings into a combined cost of saved energy factor and to report on other economic and investment performance metrics. The Energy Commission shall prepare an annual summary of the expenditures, energy savings, effective cost of saved energy or return on investment, and employment effects of each year’s completed projects, and shall provide this report to the Citizens Oversight Board. (e) The California Workforce Investment Board, in consultation with the Energy Commission, shall utilize the reports filed with the Citizens Oversight Board to quantify total employment affiliated with funded projects, as well as to estimate new trainee, apprentice, or full-time jobs resulting from Job Creation Fund activity or from funds appropriated pursuant to subdivision (c) of Section 26227.2. The California Workforce Investment Board shall prepare a report with this information annually and submit it to the Citizens Oversight Board. (f) The Citizens Oversight Board shall report the information it receives pursuant to subdivisions (a) to (e), inclusive, to the Legislature as part of its responsibilities pursuant to subdivision (d) of Section 26210. The Citizens Oversight Board’s report shall be submitted annually and posted on a publicly accessible Internet Web site. (g) Funding provided to LEAs pursuant to this chapter is subject to annual audits required by Section 41020 of the Education Code. Funding provided to community college districts pursuant to this chapter is subject to annual audits required by Section 84040 of the Education Code. (h) (1) The Superintendent of Public Instruction shall require local educational agencies to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project. (2) The Chancellor of the California Community Colleges shall require a community college to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project. (Amended by Stats. 2017, Ch. 55, Sec. 12. (SB 110) Effective July 10, 2017.) - 2625. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
A city or county may charge a reasonable fee to project-approval applicants, but the fee must not exceed the local cost of administering and complying with this chapter.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2625. (a) Each applicant for approval of a project may be charged a reasonable fee by the city or county having jurisdiction over the project. (b) Such fees shall be set in an amount sufficient to meet, but not to exceed, the costs to the city or county of administering and complying with the provisions of this chapter. (c) The geologic report required by Section 2623 shall be in sufficient detail to meet the criteria and policies established by the State Mining and Geology Board for individual parcels of land. (Amended by Stats. 1975, Ch. 61.) - 2630. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. )
When carrying out this chapter, the State Geologist and the board are to be advised by the Seismic Safety Commission.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.5. Earthquake Fault Zoning [2621 - 2630] ( Heading of Chapter 7.5 amended by Stats. 1993, Ch. 197, Sec. 1. ) ## 2630. In carrying out the provisions of this chapter, the State Geologist and the board shall be advised by the Seismic Safety Commission. (Amended by Stats. 1976, Ch. 1243.) - 26400. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. )
The Energy and Resources Fund is created in the State Treasury.
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. ) ## 26400. There is in the State Treasury the Energy and Resources Fund, which fund is hereby created. (Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.) - 26401. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. )
This section creates two accounts within the Energy and Resources Fund and directs how fund money is to be split and appropriated.
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. ) ## 26401. (a) Within the Energy and Resources Fund there is hereby created the Energy Account and the Resources Account. The annual budget document shall propose and the annual Budget Bill shall allocate and divide the money in the fund between such accounts. (b) It is the intent of the Legislature that funds from the Energy and Resources Fund be used only for short-term projects and not for any ongoing programs. (c) Moneys in the Energy Account may be appropriated by the Legislature solely for energy projects and programs deemed appropriate by the Legislature. (d) All appropriations from the Energy Account or the Resources Account shall be made by the annual Budget Bill. (e) In applying the provisions of this section to the selection of individual energy programs and projects for funding, priority shall be given to those programs and projects which best fulfill all of the following criteria: (1) Have the greatest potential for reducing the use of oil and natural gas to produce energy. (2) Have the greatest potential for transferability and widespread use throughout the state by the year 1990. (3) Have the highest degree of feasibility. (Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.) - 26403. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. )
Funding from the Resources Account is limited to the listed programs and projects.
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. ) ## 26403. Programs and projects eligible for funding from the Resources Account shall be limited to any of the following: (1) Appropriations to the State Coastal Conservancy for grants to public and private agencies for the restoration of urban waterfronts, as described in “An Urban Waterfronts Program for California” required by Chapter 1040 of the Statutes of 1981. Appropriations to the conservancy may include, but shall not be limited to, particular projects identified in that report. (2) Projects under the Roberti-Z’berg Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code). (3) Appropriations to the State Coastal Conservancy for grants to public and private agencies for acquisition, development, rehabilitation, restoration, operation, and maintenance of real property and facilities which provide public access ways to or along the coast or the shoreline of San Francisco Bay. (4) Wetland protection, preservation, restoration, and enchancement projects in accordance with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5 of the Public Resources Code), or, in accordance with provisions governing the State Coastal Conservancy (Division 21 (commencing with Section 31000) of the Public Resources Code). (5) Restoration, enhancement, and preservation of wildlife habitat on federal lands pursuant to the Sikes Act (16 U.S.C. Sec. 670a, et seq.). (6) Acquisition and development of real property for wildlife management in accordance with the purposes of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code). (7) Reforestation, urban forestry, and forest improvement projects in accordance with the provisions of Part 2.5 (commencing with Section 4790) of Division 4 of the Public Resources Code. (8) Water reclamation, watershed management, water conservation, instream use, and drainage management programs approved by the Director of Water Resources or the State Water Resources Control Board. (9) Watershed restoration, erosion control, fire hazard reduction, land conservation, and fish and wildlife habitat improvement projects. (10) Acquisition, restoration, and preservation of habitat for rare and endangered species. (11) Programs for the prevention of soil loss and soil degradation. (12) Programs for the preservation and protection of prime agricultural lands. (13) Shoreline erosion control projects. (14) Mitigation of environmental damage resulting from gas or oil production on state lands. (15) Programs to develop a computer-based mapping system to store, refine, analyze, and display resource data. (16) Programs for development and enhancement of renewable agricultural resources. (17) Programs to safeguard public and environmental health from hazardous materials. (18) Programs for geothermal resources assessment. (19) Other programs which enhance and conserve renewable and nonrenewable resources. (Amended by Stats. 1982, Ch. 1618, Sec. 1.) - 26404. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. )
Sections 26401 to 26403 do not apply to Energy and Resources Fund appropriations and expenditures in fiscal year 1980–81, but they do apply starting in fiscal year 1981–82 and every year after.
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. ) ## 26404. The provisions of Sections 26401 to 26403, inclusive, shall not apply to appropriations and expenditures from the Energy and Resources Fund for fiscal year 1980–81. Such provisions shall apply beginning with fiscal year 1981–82 and for each fiscal year thereafter. (Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.) - 26406. Verify source ↗
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. )
The Director of Finance must invest and reinvest excess money in the Energy and Resources Fund, and income from those transactions must be credited back to the fund.
## Public Resources Code - PRC ## DIVISION 16.5. ENERGY AND RESOURCES FUND [26400 - 26406] ( Heading of Division 16.5 renumbered from Division 16 (as added by Stats. 1980, Ch. 899) by Stats. 1988, Ch. 160, Sec. 157. ) ## 26406. The Director of Finance shall cause all moneys in the Energy and Resources Fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the state in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the Energy and Resources Fund. (Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.) - 2650. Verify source ↗
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.6. State Mining and Minerals Policy [2650- 2650.] ( Heading of Chapter 7.6 renumbered from Chapter 7.5 (as added by Stats. 1972, Ch. 1225) by Stats. 1974, Ch. 545. )
California states a policy to encourage private enterprise in mining and mineral resource activities, and the director must carry out that policy.
## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.6. State Mining and Minerals Policy [2650- 2650.] ( Heading of Chapter 7.6 renumbered from Chapter 7.5 (as added by Stats. 1972, Ch. 1225) by Stats. 1974, Ch. 545. ) ## 2650. (a) It is the continuing policy of the State of California, in the interest of the needs of society for the wise use of mineral resources and for other sound conservation practices, to foster and encourage private enterprise in all of the following activities: (1) The development within the state of economically sound and beneficial mineral industries and metal and mineral product reclamation industries. (2) The orderly and economic exploration, development, and utilization of the state’s mineral resources and reclamation of metal and mineral products. (3) Mining, mineral, and metallurgical research to promote the wise and efficient use of natural and reclaimable mineral resources. (4) The study and development of methods for the control, disposal, reclamation, and utilization of mining and mineral processing waste products and the reclamation of mined lands so as to minimize any adverse effects of mineral extraction and processing upon the physical environment. (b) The director shall carry out the policy set forth in this section. (Amended by Stats. 1992, Ch. 999, Sec. 10. Effective January 1, 1993.) - 26500. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This chapter’s definitions control how this division is interpreted, unless the context requires otherwise.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26500. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 1979, Ch. 1118.) - 26501. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This section defines “board of directors” as the governing body of the district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26501. “Board of directors” means the governing body of the district. (Added by Stats. 1979, Ch. 1118.) - 26502. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“Bonds” means bonds, notes, or other evidence of indebtedness issued by a district under this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26502. “Bonds” means bonds, notes, or other evidence of indebtedness issued by a district pursuant to this division. (Added by Stats. 1979, Ch. 1118.) - 26503. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“Local agency” means a city, a city and county, or a county.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26503. “Local agency” means a city, a city and county, or a county. (Added by Stats. 1979, Ch. 1118.) - 26504. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
In this section, “clerk” means the clerk of the district unless the term is otherwise modified.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26504. “Clerk”, where not otherwise modified, means the clerk of the district. (Added by Stats. 1979, Ch. 1118.) - 26505. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“Improvement” is defined broadly to include activities needed to prevent, mitigate, abate, or control a geologic hazard, and several listed related activities.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26505. “Improvement” means any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, including, but not limited to, all of the following: (a) Acquisition of property or any interest therein. (b) Construction. (c) Maintenance, repair, or operation of any improvement. (d) Preparation of geologic reports required pursuant to Section 2623 for multiple projects within an earthquake fault zone or zones. (e) Issuance and servicing of bonds, notes, or debentures issued to finance the costs of the improvements specified in subdivisions (a), (b), (c), and (d). (Amended by Stats. 1993, Ch. 916, Sec. 8. Effective January 1, 1994.) - 26506. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“District” means a geologic hazard abatement district created under this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26506. “District” means a geologic hazard abatement district created pursuant to this division. (Added by Stats. 1979, Ch. 1118.) - 26507. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This section defines “geologic hazard” as a current or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or similar movement of land or earth.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26507. “Geologic hazard” means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth. (Amended by Stats. 1993, Ch. 916, Sec. 9. Effective January 1, 1994.) - 26508. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This section defines “legislative body” as the legislative body of a local agency.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26508. “Legislative body” means the legislative body of a local agency. (Added by Stats. 1979, Ch. 1118.) - 26509. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This section defines “plan of control” as a geologic-hazard report prepared by a qualified engineering geologist or engineering-geologist firm.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26509. “Plan of control” means a report prepared by an engineering geologist certificated pursuant to Section 7822 of the Business and Professions Code or a firm of engineering geologists which describes in detail a geologic hazard, its location and the area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof. (Added by Stats. 1979, Ch. 1118.) - 26510. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“Section” means a section of the Public Resources Code, unless otherwise modified.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26510. “Section”, unless otherwise modified, refers to a section of the Public Resources Code. (Added by Stats. 1979, Ch. 1118.) - 26511. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
“State” means the State of California, and sometimes also its agencies or instrumentalities when the context requires.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26511. “State” means the State of California and, where the context requires, any agency or instrumentality thereof. (Added by Stats. 1979, Ch. 1118.) - 26512. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. )
This section defines “Treasurer” as the treasurer of the district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 1. Definitions [26500 - 26512] ( Chapter 1 added by Stats. 1979, Ch. 1118. ) ## 26512. “Treasurer” means the treasurer of the district. (Added by Stats. 1979, Ch. 1118.) - 26525. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Purpose [26525- 26525.] ( Article 1 added by Stats. 1979, Ch. 1118. )
A geologic hazard abatement district may be formed to prevent, mitigate, abate, or control geologic hazards, including structural hazards partly or wholly caused by geologic hazards.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Purpose [26525- 26525.] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26525. A geologic hazard abatement district may be formed pursuant to this division for the following purposes: (a) Prevention, mitigation, abatement, or control of a geologic hazard. (b) Mitigation or abatement of structural hazards that are partly or wholly caused by geologic hazards. (Amended by Stats. 1993, Ch. 916, Sec. 10. Effective January 1, 1994.) - 26530. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. )
Lands included within a district may be either contiguous or noncontiguous.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26530. The lands included within a district may be contiguous or noncontiguous. (Added by Stats. 1979, Ch. 1118.) - 26531. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. )
Land included in a district may be located in more than one local agency.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26531. The lands included within a district may be situated in more than one local agency. (Added by Stats. 1979, Ch. 1118.) - 26532. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. )
Lands included within a district may be either publicly or privately owned.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26532. The lands included within a district may be publicly or privately owned. (Added by Stats. 1979, Ch. 1118.) - 26533. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. )
A parcel of real property must not be divided by the boundaries of the proposed district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26533. No parcel of real property shall be divided by the boundaries of the proposed district. (Added by Stats. 1979, Ch. 1118.) - 26534. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. )
All lands included in a district are specially benefitted by construction proposed in an approved plan of control.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Lands Included [26530 - 26534] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26534. All lands included within a district shall be specially benefitted by construction proposed in a plan of control approved by the legislative body. (Added by Stats. 1979, Ch. 1118.) - 26550. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
This chapter does not apply to a legislative body unless it adopts a resolution saying it is subject to the chapter and sends a copy to the State Controller.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26550. The provisions of this chapter shall be inoperative as to a legislative body unless and until the legislative body adopts a resolution declaring that it is subject to its provisions and has forwarded a copy of such resolution to the State Controller. (Added by Stats. 1979, Ch. 1118.) - 26550.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
Proceedings to form a district may be started either by a petition signed by owners of at least 10% of the property in the proposed district, or by resolution of the legislative body.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26550.5. Proceedings for the formation of a district may be initiated by either of the following methods: (a) A petition signed by owners of not less than 10 percent of the real property to be included within the proposed district. (b) By resolution of the legislative body. (Added by Stats. 1979, Ch. 1118.) - 26551. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
If the proposed district spans more than one local agency, the legislative body of the local agency with the greater assessed property valuation must initiate and conduct the district-formation proceedings.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26551. If the territory proposed to be included within a district is located in more than one local agency, the legislative body of the local agency wherein lies the greater amount of assessed valuation of real property as shown on the assessment roll last equalized by the county, shall initiate and conduct the proceedings to form a district. (Added by Stats. 1979, Ch. 1118.) - 26552. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
A petition to start formation of a district may be filed with the clerk of the legislative body, and it must include the listed information.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26552. A petition initiating proceedings for formation of a district may be presented to the clerk of the legislative body, and shall contain substantially all of the following: (a) A statement that the petition is made pursuant to this division. (b) An indication, opposite each signature, of the lot, tract, and map number or other legal description sufficient to identify such signature as that of the owner of land within the territory included within the proposed district. (c) An indication, opposite each signature, of the date each signature was affixed to the petition. (d) A legal description and map of the boundaries of the territory to be included within the proposed district. (Added by Stats. 1979, Ch. 1118.) - 26553. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
A plan of control must be attached to the petition.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26553. A plan of control shall be attached to the petition. (Added by Stats. 1979, Ch. 1118.) - 26554. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
The clerk of the legislative body must put a qualifying petition on the agenda for the next regular meeting after checking the petition form and verifying the signature threshold.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26554. Upon receipt of a petition in the form described in Sections 26550.5, 26551, and 26553, the clerk of the legislative body shall place such petition on the agenda for the regular meeting of the legislative body next following the clerk’s determination that such petition is substantially in the form described in Sections 26551 and 26552 and upon verification that the signatures affixed to the petition represent owners of not less than 10 percent of the real property to be included within the proposed district. (Added by Stats. 1979, Ch. 1118.) - 26555. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
The clerk of the legislative body must not accept a petition unless the signatures were secured within 120 days of the first signature and the petition is submitted within 30 days after the last signature.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26555. No petition shall be accepted by the clerk of the legislative body unless the signatures thereon shall have been secured within 120 days of the date on which the first signature on the petition was affixed and such petition is submitted to the clerk within 30 days after the last signature was affixed. (Added by Stats. 1979, Ch. 1118.) - 26556. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
The clerk must notify the person whose signature appears first on the petition if the petition has any irregularity, and the notice must be sent by certified mail with return receipt requested.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26556. The clerk of the legislative body shall notify the person whose signature first appears on the petition of any irregularity in the petition. Such notification shall be by certified mail with return receipt requested. Within 10 days of the date of such mailing, a supplemental petition curing any irregularity may be submitted to the clerk. (Added by Stats. 1979, Ch. 1118.) - 26557. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
If a petition is presented in the required form, the legislative body must adopt a resolution setting a public hearing and have notice mailed to affected property owners.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26557. Upon presentation to the legislative body of a petition in the form prescribed by Sections 26551 and 26552, the legislative body shall adopt a resolution setting a public hearing on such petition and directing notice thereof to be mailed to all owners of real property to be included within the proposed district as shown on the assessment roll last equalized by the county. (Added by Stats. 1979, Ch. 1118.) - 26558. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
A legislative body’s resolution starting district formation must include stated findings and a public hearing with mailed notice to affected property owners.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26558. A resolution of the legislative body intiating proceedings for the formation of a district shall contain substantially the following: (a) A statement that the resolution is made pursuant to this division. (b) A statement that the legislative body has been presented with and has reviewed a plan of control, and has determined that the health, safety, and welfare require formation of a district. (c) The setting of a public hearing on such determination and directing that notice be mailed to all owners of real property included within the proposed district. (Added by Stats. 1979, Ch. 1118.) - 26559. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
Local agency activities for forming a district or annexing territory are treated as specific emergency-prevention or mitigation actions.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26559. All activities of a local agency taken pursuant to this division for the formation of a district or the annexation of territory thereto are specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080. (Added by Stats. 1979, Ch. 1118.) - 26560. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. )
Proceedings to form a district under this division are exclusive, despite any other law.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Initiation of Proceedings [26550 - 26560] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26560. Notwithstanding any other provision of law, proceedings for the formation of a district pursuant to this division are exclusive. (Added by Stats. 1979, Ch. 1118.) - 26561. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
Notice of a specified hearing must be mailed first-class, postage prepaid, at least 20 days before the public hearing to each listed real property owner in the proposed district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26561. Notice of the hearing set pursuant to Section 26557 or subdivision (c) of Section 26558 shall be mailed first-class, postage prepaid, in the United States mail, at least 20 days preceding the date of the public hearing, to each owner of real property within the proposed district as shown on the last equalized county assessment roll, or the State Board of Equalization assessment roll, as the case may be. (Amended by Stats. 1990, Ch. 128, Sec. 1.) - 26562. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
The notice must have a copy of the petition or resolution attached.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26562. A copy of the petition described in Section 26552 or the resolution described in Section 26558 shall be attached to the notice. (Added by Stats. 1979, Ch. 1118.) - 26563. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
The notice must state the hearing time, date, and place, briefly describe the purpose, say where the plan of control can be reviewed or copied, and give the mailing or delivery address for objections.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26563. The notice shall set forth the time, date, and place of the hearing, briefly describe the purpose thereof, and indicate where the plan of control may be reviewed or duplicated, at a cost not to exceed the cost of duplication. The notice shall also set forth the address where objections to the proposed formation may be mailed or otherwise delivered up to and including the time of the hearing. (Amended by Stats. 1981, Ch. 714, Sec. 377.) - 26564. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
A property owner in the proposed district may file a written objection to the formation before the hearing deadline, and the objection must be signed and include a land description.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26564. At any time not later than the time set for hearing objections to the proposed formation, any owner of real property within the proposed district may make a written objection to the formation. Such objection shall be in writing, shall contain a description of the land by lot, tract, and map number, and shall be signed by such owner. Objections shall be mailed or delivered as specified in the notice described in Section 26561. If the person whose signature appears on such objection is not shown on the assessment roll last equalized by the county as the owner of the subject real property, the written objection shall be accompanied by evidence sufficient to indicate that such person is the owner of such property. The determination by the legislative body of ownership for purposes of this section shall be final and conclusive. (Added by Stats. 1979, Ch. 1118.) - 26565. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
The legislative body must be presented with all objections at the hearing, and it may adjourn the hearing, but not for more than 60 days from the date in the original notice.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26565. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26564. The legislative body may adjourn such hearing from time to time, but not to exceed 60 days from the date specified in the original notice. (Added by Stats. 1979, Ch. 1118.) - 26566. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
If owners of more than 50% of the assessed valuation of the proposed district object at the hearing, the legislative body must close the hearing and abandon the district formation proceedings.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26566. If it appears at the hearing that owners of more than 50 percent of the assessed valuation of the proposed district object to the formation thereof, the legislative body shall thereupon close the hearing and direct that proceedings for the formation of a district be abandoned. (Added by Stats. 1979, Ch. 1118.) - 26567. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. )
After the hearing, the legislative body may order formation of the proposed district and must set up the initial board of directors in one of two ways.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2. District Formation [26525 - 26567] ( Chapter 2 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Notice and Hearing [26561 - 26567] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26567. At the close of the hearing or within 60 days thereafter, the legislative body may proceed by resolution to order the formation of the proposed district. The resolution shall appoint five owners of real property within the district to the initial board of directors for terms not to exceed four years, or, as an alternative to the appointment of five owners of real property within the district, the legislative body may appoint itself to act as the board of directors. If the legislative body appoints itself as the board of directors, Section 26583 shall not apply. If owners of real property within the district are appointed as the initial board of directors, then following the initial term, the board of directors shall be elected as provided by Section 26583. This section shall apply to all districts formed on or after January 1, 1980. (Amended by Stats. 1991, Ch. 1226, Sec. 23.) - 26567.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. )
A legislative body may order dissolution of a district by resolution, but only if specified findings are made; notice and a public hearing are required, and in one case owner approval is needed.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. ) ## 26567.1. (a) The legislative body may, by resolution, order the dissolution of a district formed under this division. Any resolution ordering a dissolution is valid only if the legislative body, based on substantial evidence on the record, makes one or more of the following findings: (1) The corporate powers have not been used, there is a reasonable probability that those powers will not be used in the future, and the district holds no significant liquid assets. (2) The board of directors, by resolution passed by unanimous vote of the directors, or by a vote of the owners of more than 50 percent of the assessed valuation of the real property in the district, approved the dissolution of the district. (3) The district has not levied or collected any assessments and holds no significant liquid assets. (4) The district has not substantially complied with a material condition of the resolution of formation adopted by the legislative body. (b) If the board of directors is comprised of members of the legislative body, the decision of the board to dissolve a district shall be approved by the owners of more than 50 percent of the assessed valuation of the real property in the district within 90 days after a valid resolution ordering dissolution. (c) A legislative body or a board of directors shall adopt a resolution setting a public hearing on the proposed dissolution and directing that notice shall be sent to the last known address of each homeowner within the district. The notice shall include the date, time, and place of the hearing and include a copy of the proposed resolution ordering dissolution. The notice shall be mailed first-class, postage prepaid, in the United States mail and be postmarked no later than 30 days prior to the date of the hearing. The notice shall also set forth the address where written objections to the dissolution of the district may be mailed or otherwise delivered up to and including the time of the hearing. (Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.) - 26567.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. )
In dissolution proceedings, the legislative body may skip the usual resolution and plan of control. After the district is dissolved, the legislative body must take on the district’s remaining responsibilities and obligations.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. ) ## 26567.2. In dissolution proceedings, the legislative body may dispense with the resolution and plan of control required by Sections 26553, 26558, and 26562. After the dissolution of the district, the legislative body shall assume all remaining responsibilities and obligations of the district. (Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.) - 26567.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. )
After a district dissolves, the board must distribute liquid assets and decide how to distribute ownership of capital improvements and other assets. Property owners may propose an alternative plan within 90 days of a valid dissolution resolution.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.3. District Dissolution [26567.1 - 26567.3] ( Chapter 2.3 added by Stats. 1998, Ch. 806, Sec. 1. ) ## 26567.3. Within 90 days after a dissolution, the board of directors shall return any liquid assets of the district to the landowners and local agencies in the same proportion that they have contributed to the revenue of the district, and shall provide by resolution for the distribution for ownership of any capital improvements and assets of the district. Within 90 days of a valid resolution ordering dissolution, any property owner within the district may offer an alternative plan for the distribution for ownership of any capital improvements and real assets of the district which shall be adopted if approved by the owners of more than 50 percent of the assessed valuation of the real property in the district. (Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.) - 26568. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. )
This section says the procedures for starting proceedings, giving notice, holding a hearing, and forming a district under this chapter are an alternative to certain other chapter procedures, and Chapter 3 does not apply to districts formed under this chapter.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26568. The procedures for initiation of proceedings, notice, and hearing and formation of a district under this chapter shall be alternative to the procedures in Articles 3 (commencing with Section 26550) and 4 (commencing with Section 26561) of Chapter 2. Chapter 3 (commencing with Section 26570) does not apply to districts formed under this chapter. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26568.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. )
A district formation proceeding may be started by petition if two-thirds of the owners of the real property in the proposed district sign it.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26568.1. Proceedings for the formation of a district for any of the work specified in Section 26525 may be initiated by a petition signed by two-thirds of the property owners of the real property to be included within the proposed district. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26568.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. )
A petition to start district-formation proceedings must include specified statements, identification details for signatures, reasons for the district, a short-notice hearing request with reasons, and a work/cost/assessment description.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26568.2. A petition initiating proceedings for the formation of a district under this chapter shall contain substantially all of the following: (a) A statement that the petition is made pursuant to this chapter. (b) An indication, opposite each signature, of the lot, tract, and map number, or other legal description sufficient to identify the signature as that of the owner of land within the proposed district. (c) The reasons necessitating the creation of the district under this chapter. (d) A request that the time set for hearings on the formation of the district be on short notice and the reason or reasons for the request. (e) A description of, or proposal for, work to be done, an estimate of the cost of the work, and proposed assessments. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26568.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. )
When a petition is presented, the legislative body must set a public hearing on short notice, direct notice of the hearing, and schedule the hearing at least 15 days after the resolution. Notice can be omitted if subdivision (b) makes a hearing of objections unnecessary.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 1. Initiation of Proceedings [26568 - 26568.3] ( Article 1 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26568.3. (a) Upon presentation to the legislative body of a petition in the form prescribed by Section 26568.2, the legislative body shall adopt a resolution setting a public hearing on short notice on the petition and directing that notice of the hearing be given as provided in Section 26569. However, notice of the hearing shall be omitted if the hearing of objections is not required as provided in subdivision (b). The hearing shall be set no earlier than 15 days after the adoption of the resolution under this subdivision. (b) The hearing of objections shall not be required if the legislative body, when considering the passage of a resolution of intention pursuant to a petition presented pursuant to Section 26568.1, finds and determines by a four-fifths vote of all members thereof, that all of the owners of lots or lands liable to be assessed have signed and filed a petition with the clerk on or before the day that the resolution of intention is to be considered for passage, waiving the hearing, declaring that they do not have any objections to the proposed work or the formation of the district, and requesting that the hearings of objections not be required. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. )
For a hearing on short notice under Section 26568.3, published notice must be completed at least 10 days before the hearing and must include a copy of the petition; mailed notice must be sent by first-class mail, with return receipt requested, and postmarked at least 10 days before the public hearing, with a copy of the petition attached.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569. Notice of the hearing on short notice set pursuant to Section 26568.3 shall be as follows: (a) Published notice shall be made pursuant to Section 6061 of the Government Code and shall be completed at least 10 days prior to the date of the hearing. Published notice shall include a copy of the petition described in Section 26568. 2. (b) Mailed notice shall be sent by first-class mail, with return receipt requested, and postmarked not less than 10 days preceding the date of the public hearing. A copy of the petition described in Section 26568.2 shall be attached to the notice. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. )
An owner of real property in the proposed district may file a written protest with the clerk up to the hearing time.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.1. At any time no later than the time set for hearing, any owner of real property within the proposed district may file with the clerk, a written protest to the formation of the district. A written protest shall contain a description of the land by lot, tract, and map number and shall be signed by the owner. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. )
At the hearing time, the legislative body must be given all objections submitted under Section 26568.1.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.2. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26568.1. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. )
If, at the hearing, owners of more than one-third of the real property in the proposed district object, the district-formation proceedings must be abandoned.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.3. If it appears at the hearing that the owners of more than one-third of the real property to be included within the proposed district object to the formation thereof, the proceedings for the formation of the district shall be abandoned. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. )
If no protest is filed by owners of more than one-third of the property, the legislative body may adopt a resolution for the improvements and assessment district; if it proposes an assessment, the notice, protest, and hearing procedures must follow Government Code Section 53753.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 2. Notice and Hearing [26569 - 26569.4] ( Article 2 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.4. If a protest by the owners of more than one-third of the real property to be included in the district has not been filed, the legislative body may adopt a resolution ordering the improvements and the formation of the assessment district. If the legislative body proposes to levy an assessment, the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 32. Effective January 1, 2001.) - 26569.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. )
A district formed under this chapter must consist of an area within a local agency that is specially benefited and subject to a special assessment for an improvement, and it is not a separate legal entity from that local agency.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.5. A district formed under this chapter shall be comprised of an area within a local agency that is specially benefited by, and is subject to a special assessment to pay the cost of, an improvement. The district is not an entity separate and distinct from the local agency within which it is formed. (Amended by Stats. 2006, Ch. 538, Sec. 582. Effective January 1, 2007.) - 26569.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. )
The legislative body must appoint itself to serve as the district’s board of directors.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.6. The legislative body shall appoint itself to act as board of directors of the district. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26569.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. )
This chapter applies only in a city or county that has adopted an ordinance making the chapter applicable there.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 2.5. Emergency Formation [26568 - 26569.7] ( Chapter 2.5 added by Stats. 1984, Ch. 555, Sec. 2. ) ## ARTICLE 3. Nature of the District [26569.5 - 26569.7] ( Article 3 added by Stats. 1984, Ch. 555, Sec. 2. ) ## 26569.7. This chapter is applicable only in a city or county which has adopted an ordinance providing that the chapter is applicable in its jurisdiction. (Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.) - 26570. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. )
A district counts as a political subdivision of the state and is not a local agency or an instrumentality of one.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26570. A district is a political subdivision of the state. A district is not an agency or instrumentality of a local agency. (Added by Stats. 1979, Ch. 1118.) - 26571. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. )
A district is an area specially benefited and subject to special assessment to pay for an improvement, and it is not a special district under Government Code Section 56036.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26571. A district is comprised of an area specially benefited by and subject to special assessment to pay the cost of an improvement. While a district performs certain governmental and proprietary functions as a political subdivision of the state, it is not a special district within the meaning of Section 56036 of the Government Code. (Amended by Stats. 1985, Ch. 1599, Sec. 29.) - 26573. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. )
The board of directors holds the district’s powers.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Nature of the District [26570 - 26573] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26573. The powers of a district are vested in the board of directors. (Added by Stats. 1979, Ch. 1118.) - 26574. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district has power to sue and be sued, make and change bylaws, have a seal, and exercise powers needed to carry out this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26574. A district may do all of the following: (a) Sue and be sued. (b) Make, amend, and repeal bylaws. (c) Have a seal. (d) Exercise all powers necessary or incidental to carry out the purposes of this division. (Added by Stats. 1979, Ch. 1118.) - 26575. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may obtain, hire, purchase, or rent office space and equipment.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26575. A district may obtain, hire, purchase, or rent office space and equipment. (Added by Stats. 1979, Ch. 1118.) - 26576. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may acquire real property or an interest in it by eminent domain, but only within the district’s territorial limits or for purposes stated in this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26576. Within the territorial limits of the district, or for the purposes set forth in this division, a district may acquire real property or any interest therein by eminent domain. (Added by Stats. 1979, Ch. 1118.) - 26577. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may acquire property or interests in property in several ways, including purchase, lease, option, gift, grant, bequest, or devise.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26577. A district may purchase, lease, obtain an option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property or any interest in property. (Added by Stats. 1979, Ch. 1118.) - 26578. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may sell, lease, exchange, assign, encumber, or otherwise dispose of property or an interest in property.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26578. A district may sell, lease, exchange, assign, encumber, or otherwise dispose of property or any interest in property. (Added by Stats. 1979, Ch. 1118.) - 26579. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
The district may enter into contracts and agreements with governments, public agencies, private organizations, or any person to further the division’s purposes.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26579. The district may enter into contracts and agreements with the United States, any state or local unit of government, public agency, including any other geologic hazard abatement district or public district, private organization, or any person in furtherance of the purposes of the division. (Added by Stats. 1979, Ch. 1118.) - 26580. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
The district may acquire, construct, operate, manage, or maintain improvements on public or private lands, but owner consent is required unless eminent domain is used under Section 26576. It may also accept improvements made by anyone.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26580. The district may: (a) Acquire, construct, operate, manage, or maintain improvements on public or private lands. Such improvements shall be with the consent of the owner, unless effected by the exercise of eminent domain pursuant to Section 26576. (b) Accept such improvements undertaken by anyone. (Added by Stats. 1979, Ch. 1118.) - 26580.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
The district may make improvements to existing public or private structures if its board of directors determines doing so is in the public interest.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26580.1. The district may make improvements to existing public or private structures where the board of directors determines that it is in the public interest to do so. (Added by Stats. 1980, Ch. 771, Sec. 4.) - 26581. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. )
The board of directors may annex territory to the district, but only after the Section 26567 resolution and using the annexation procedures stated in the referenced articles.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Powers of a District [26574 - 26581] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26581. At any time following the adoption of the resolution pursuant to Section 26567, the board of directors may proceed to annex territory to the district. The proceedings for annexation shall follow the procedure contained in Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) of Chapter 2 of this division. In such instance, the board of directors shall assume the responsibilities of the legislative body. Annexation of territory to a district shall be subject to the approval of the legislative body which ordered formation of the district. Such approval shall be given by resolution, following the order by the board of directors for annexation of territory to the district. (Added by Stats. 1979, Ch. 1118.) - 26582. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Meetings [26582- 26582.] ( Article 3 added by Stats. 1979, Ch. 1118. )
A district must keep meeting records, is subject to the Ralph M. Brown Act, and may destroy a record only under the referenced Government Code rules.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 3. Meetings [26582- 26582.] ( Article 3 added by Stats. 1979, Ch. 1118. ) ## 26582. (a) A district shall keep a record of the proceedings of its meetings. A district is subject to the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). (b) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 31. Effective January 1, 2006.) - 26583. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. )
After the initial appointed board’s term ends, the district’s board must consist of five elected directors, each serving four years; a director stays in office until a successor qualifies.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26583. Following the four-year term of the initially appointed board of directors formed pursuant to Section 26567 and composed of owners of real property within the district, the board of directors shall be composed of five elected directors. The term of office of directors shall be four years. The expiration of the term of any director shall not constitute a vacancy and he or she shall hold office until his or her successor has qualified. Elections shall be called and conducted, and the results canvassed, returned, and declared pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). This section shall not apply to a district where the legislative body has appointed itself as the board of directors. (Amended by Stats. 1994, Ch. 923, Sec. 177. Effective January 1, 1995.) - 26584. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. )
The board of directors must appoint a clerk of the district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26584. The board of directors shall appoint a clerk of the district. (Added by Stats. 1979, Ch. 1118.) - 26585. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. )
The board of directors must appoint a district treasurer.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26585. The board of directors shall appoint a treasurer of the district. (Added by Stats. 1979, Ch. 1118.) - 26586. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. )
The board of directors may appoint other district officers and delegate district powers as appropriate in the circumstances.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 3. Nature and Powers of the District [26570 - 26586] ( Chapter 3 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 4. Officers [26583 - 26586] ( Article 4 added by Stats. 1979, Ch. 1118. ) ## 26586. The board of directors may appoint other officers of the district and delegate thereto such powers of the district as may be appropriate in the circumstances. (Added by Stats. 1979, Ch. 1118.) - 26587. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. )
A district may use specified improvement and bond acts to pay the costs of an improvement under this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26587. A district may use the Improvement Act of 1911 (commencing with Section 5000 of the Streets and Highways Code) or the Municipal Improvement Act of 1913 (commencing with Section 10000 of the Streets and Highways Code) or the Improvement Bond Act of 1915 (commencing with Section 8500 of the Streets and Highways Code) to pay the costs of an improvement pursuant to this division. (Added by Stats. 1979, Ch. 1118.) - 26588. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. )
District boards, officers, and agents must exercise certain powers and duties instead of city boards, officers, and agents when those powers and duties come from the named improvement laws.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26588. The powers and duties conferred by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 on the various boards, officers, and agents of cities shall be exercised by the corresponding boards, officers, and agents of the district. (Added by Stats. 1979, Ch. 1118.) - 26589. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. )
This section defines how several terms are used when certain improvement acts apply to proceedings brought by a district.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26589. In the application of the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to proceedings instituted by a district, the terms used in the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 have the following meanings: (a) “City council” or “council” or “legislative body” means the board of directors of the district. (b) “Municipality” or “city” means the district. (c) “Clerk” or “city clerk” means the clerk of the district. (d) “Superintendent of streets,” “street superintendent,” or “city engineer” means any person appointed by the board to perform or effect an improvement. (e) “Tax collector” means the county tax collector. (f) “Treasurer” or “city treasurer” means the treasurer of the district. (g) “Mayor” means the board of directors or an officer of the district to whom such powers and duties are delegated by the board of directors. (h) “Right-of-way” means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the district for the purpose of performing or effecting an improvement. (Added by Stats. 1979, Ch. 1118.) - 26590. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. )
Certain certificates or documents that must be filed or recorded under specified improvement acts are to be filed or recorded with the district clerk instead of the street superintendent office.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 [26587 - 26590] ( Article 1 added by Stats. 1979, Ch. 1118. ) ## 26590. Any certificates or documents required by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to be filed or recorded in the office of the superintendent of streets or street superintendent shall be filed or recorded in the office of the clerk of the district. (Added by Stats. 1979, Ch. 1118.) - 26591. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may accept financial or other assistance from public or private sources and may spend accepted funds for any purpose covered by this division.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26591. A district may accept financial or other assistance from any public or private source and may expend any funds so accepted for any of the purposes of this division. (Added by Stats. 1979, Ch. 1118.) - 26592. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. )
Contributions by a local agency, the state, or certain public entities are declared to serve a public purpose.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26592. Contributions by a local agency, the state, or any instrumentality or political subdivision thereof, are hereby declared to be for a public purpose. (Added by Stats. 1979, Ch. 1118.) - 26593. Verify source ↗
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. )
A district may borrow money or incur debt from specified public or private sources, and may follow conditions attached to that debt.
## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26593. A district may borrow money from or otherwise incur an indebtedness to a local agency, the state, any instrumentality or political subdivision thereof, the federal government, or any private source, and may comply with any conditions imposed upon the incurring of that indebtedness. (Amended by Stats. 2000, Ch. 506, Sec. 35. Effective January 1, 2001.)
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