reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62202.

62202. An authority shall not provide any form of direct assistance to:
(a) An automobile dealership that will be or is on a parcel of land which has not previously been developed for urban use.
(b) A development that will be or is on a parcel of land of five acres or more which has not previously been developed for urban use and that will, when developed, generate sales or use tax pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, unless the principal permitted use of the development is office, hotel, manufacturing, or industrial. For the purposes of this subdivision, a parcel shall include land on an adjacent or nearby parcel on which a use exists that is necessary for the legal development of the parcel.
(c) A development or business, either directly or indirectly, for the acquisition, construction, improvement, rehabilitation, or replacement of property that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gaming clubs, bingo operations, or any facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.
(d) The prohibition in subdivision (c) is not intended to prohibit an authority from acquiring property on or in which an existing gambling enterprise is located, for the purpose of selling or leasing the property for uses other than gambling, provided that the agency acquires the property for fair market value.
(e) This section shall not be construed to apply to an authority’s assistance in the construction of public improvements that serve all or a portion of a project area and that are not required to be constructed as a condition of approval of a development described in subdivision (a), (b), or (c), or to prohibit assistance in the construction of public improvements that are being constructed for a development that is not described in subdivision (a), (b), or (c).
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62203.

62203. (a) Any covenants, conditions, or restrictions existing on any real property within a plan area prior to the time the authority acquires title to that property, which covenants, conditions, or restrictions restrict or purport to restrict the use of, or building upon, that real property, shall be void and unenforceable as to the authority and any other subsequent owners, tenants, lessees, easement holders, mortgagees, trustees, beneficiaries under a deed of trust, or any other persons or entities acquiring an interest in that real property from that time as title to the real property is acquired by an authority whether acquisition is by gift, purchase, eminent domain, or otherwise.
(b) Thirty days prior to the acquisition of real property other than by eminent domain, the authority shall provide notice of that acquisition and the provisions of this section to holders of interests which would be made void and unenforceable pursuant to this section, as follows:
(1) The authority shall publish notice once in a newspaper of general circulation in the community in which the agency is functioning.
(2) The authority shall mail notice to holders of those interests if those holders appear of record 60 days prior to the date of acquisition.
The authority may accept any release by written instrument from the holder of any interest or may commence action to acquire that interest after the date of acquisition of the real property.
(c) This section shall not apply to covenants, conditions, or restrictions imposed by an authority pursuant to a plan. This section also shall not apply to covenants, conditions, or restrictions where an authority in writing expressly acquires or holds property subject to those covenants, conditions, or restrictions.
This section shall not limit or preclude any rights of reversion of owners, assignees, or beneficiaries of those covenants, conditions, or restrictions limiting the use of land in gifts of land to cities, counties, or other governmental entities. This section shall not limit or preclude the rights of owners or assignees of any land benefited by any covenants, conditions, or restrictions to recover damages against the agency if under law that owner or assignee has any right to damages. No right to damages shall exist against any purchaser from the authority or his or her successors or assignees, or any other persons or entities.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62205.

62205. Section 1245.260 of the Code of Civil Procedure shall not apply to any resolution or ordinance adopting, approving, or amending the amendment of plan. Section 1245.260 of the Code of Civil Procedure shall apply to a resolution adopted by an authority pursuant to Section 1245.220 of the Code of Civil Procedure with respect to a particular parcel or parcels of real property.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62206.

62206. (a) The authority shall obligate lessees and purchasers of real property acquired in revitalization projects undertaken or assisted by the authority and owners of property improved as a part of a revitalization project to refrain from restricting the rental, sale, or lease of the property on any basis listed in subdivision (a) or (d) of Section 12955, as those basis are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2. All deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a revitalization project shall contain or be subject to the nondiscrimination or nonsegregation clauses hereafter prescribed.
(b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 shall apply to subdivision (a).
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 4 - Community Revitalization and Investment Authorities › PART 3 - Property Acquisition › Section 62208.

62208. (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and under those conditions as are provided in the plan. The establishment of those controls is a public purpose under this division.
(b) An authority shall obligate lessees or purchasers of property acquired in a revitalization project to:
(1) Use the property for the purpose designated in the revitalization plans.
(2) Begin the revitalization of the project area within a period of time which the authority fixes as reasonable.
(3) Comply with the covenants, conditions, or restrictions that the authority deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the agency. Covenants, conditions, and restrictions imposed by an authority may provide for the reasonable protection of lenders.
(4) Comply with other conditions which the authority deems necessary to carry out the purposes of this part.
(Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62250.

62250. For purposes of this division, the following terms have the following meanings:
(a) “Affordable housing” means housing with an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, for households whose gross income does not exceed 120 percent of the area median income.
(b) “Authority” means an affordable housing authority created pursuant to this division.
(c) “Authorizing resolution” means a resolution adopted pursuant to subdivision (a) of Section 62251 creating an authority.
(d) “Consenting local agency” means a local agency that has adopted a resolution of its governing body consenting to the affordable housing investment plan.
(e) “Plan” means an affordable housing investment plan adopted pursuant to Section 62252. The plan shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution.
(f) “Property tax increment” means that portion of the ad valorem taxes, as defined under subdivision (a) of Section 1 of Article XIII A of the California Constitution, levied each year in excess of the amount levied by or for a taxing agency upon the total sum of the assessed value of the taxable property in the boundaries of an authority as defined in the resolution first establishing the authority, as shown upon the assessment roll used in connection with the taxation of that property by the taxing agency as of the last equalized roll prior to either the effective date of the authorizing resolution or, if specified in the authorizing resolution, another fiscal year no more than five years prior to the effective date of the authorizing resolution. Property tax increment shall not include taxable properties located within the boundaries of a former redevelopment agency dissolved pursuant to Section 34172 of the Health and Safety Code unless and until all obligations of the former redevelopment agency have been retired and the successor agency to the former redevelopment agency has fully dissolved. Following dissolution, for purposes of calculating property tax increment for those taxable properties located within the boundaries of a former redevelopment agency, the fiscal year following final dissolution shall serve as the last equalized roll.
(g) “Real property” means any of the following:
(1) Land, including land under water and waterfront property.
(2) Buildings, structures, fixtures, and improvements on the land.
(3) Any property appurtenant to, or used in connection with, the land.
(4) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by those liens.
(Amended by Stats. 2018, Ch. 862, Sec. 1. (AB 2035) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62252.

62252. (a) An authority created pursuant to this division shall, by resolution, create a Low and Moderate Income Housing Fund and adopt an affordable housing investment plan that may include either or both of the following:
(1) A provision for the receipt of property tax increment generated within the area.
(2) A provision for the receipt of any tax revenues allocated to the authority pursuant to subdivision (b) of Section 62253.
(b) The plan shall include each of the following elements:
(1) A statement of the principal goals and objectives of the plan.
(2) An affordable housing program that describes how the authority will fulfill its objective and if duties and activities will be assigned to a city or county housing department or public housing authority.
(3) The estimated amount that will be deposited in the Low and Moderate Income Housing Fund during each of the next five years.
(4) Estimates of the number of new, rehabilitated, or price restricted residential units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years.
(5) A description of how the program will implement the requirements for expenditures of funds in the Low and Moderate Income Housing Fund over a 10-year period at various income levels.
(6) Estimates of the number of units, if any, to be developed by the authority for very low, low-, and moderate-income households during the next five years.
(7) A fiscal analysis setting forth the projected receipt of revenue and projected expenses over a five-year planning horizon, including the potential issuance of bonds backed by property tax increment revenues pursuant to subdivision (a) of Section 62253 during the term of the plan.
(8) Time limits as follows:
(A) Forty-five years for the establishing of loans, advances, and indebtedness.
(B) Forty-five years for repayment of all of the authority’s debts and obligations, and fulfilling all of the authority’s housing obligations. The plan shall specify that an authority shall dissolve as a legal entity in no more than 45 years, and that no further taxes shall be allocated to the authority thereafter. Nothing in this subparagraph shall be interpreted to prohibit an authority from refinancing outstanding debt solely to reduce interest costs.
(9) A feasible method or plan for relocation of families and persons to be temporarily or permanently displaced from housing facilities in the plan area. The method or plan shall be consistent with the requirements of Section 62256.
(c) The authority shall hold a public hearing before adopting an affordable housing investment plan. The authority shall provide notice of that hearing in accordance with Section 6062. The authority shall consider any comments made on the plan at that hearing before adopting the plan.
(Amended by Stats. 2018, Ch. 862, Sec. 3. (AB 2035) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62255.

62255. Commencing in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in property tax increment revenues pursuant to subdivision (a) of Section 62253 or other revenues pursuant to subdivision (b) of Section 62253, including any proceeds of a debt issuance, and each year thereafter, the authority shall contract for an independent audit conducted in accordance with generally accepted governmental auditing standards.
(Amended by Stats. 2018, Ch. 862, Sec. 6. (AB 2035) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62257.

62257. An authority shall receive a priority for assistance in housing programs administered by the Department of Housing and Community Development, and other state agencies and departments.
(Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62258.

62258. An authority may transfer its housing responsibilities to a housing authority or city or county housing department if it determines that combining funding streams will reduce administrative costs or expedites the construction of affordable housing.
(Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62259.

62259. (a) All housing assisted by an authority created pursuant to this division shall remain affordable for at least 55 years for rental units and 45 years for owner-occupied units.
(b) The authority shall execute an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the project’s usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance.
(Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62260.

62260. Within the area of the authority, an authority may:
(a) Purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the authority. The authority shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the authority acquires or purchases real property.
(b) Accept, at the request of the legislative body of the community, a conveyance of real property, located either within or outside the plan area, owned by a public entity and declared surplus by the public entity, or owned by a private entity. The authority may dispose of that property to private persons or to public or private entities, by sale or long-term lease for development. All or any part of the funds derived from the sale or lease of that property may, at the discretion of the legislative body of the community, be paid to the community, or to the public entity from which any of that property was acquired.
(c) Sell, lease, grant, or donate real property owned or acquired by the authority in a plan area to a housing authority or to any public agency for public housing projects.
(d) Offer for resale property acquired by an authority for rehabilitation and resale within one year after completion of rehabilitation. Properties held by the authority in excess of a one-year period shall be listed in the authority’s annual report with information conveying the reasons that property remains unsold and indicating plans for its disposition.
(Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62261.

62261. (a) The authority shall retain controls and establish restrictions or covenants running with land sold or leased for private use for those periods of time and under those conditions as are provided in the plan. The establishment of those controls is a public purpose under this division.
(b) An authority shall obligate lessees or purchasers of property acquired in an affordable housing project to:
(1) Use the property for the purpose designated in the affordable housing plan.
(2) Begin the project within a period of time which the authority fixes as reasonable.
(3) Comply with the covenants, conditions, or restrictions that the authority deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the authority. Covenants, conditions, and restrictions imposed by an authority may provide for the reasonable protection of lenders.
(4) Comply with other conditions that the authority deems necessary to carry out the purposes of this division.
(Added by Stats. 2017, Ch. 764, Sec. 1. (AB 1598) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62261.1.

62261.1. Any action or proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan pursuant to Section 62252, the allocation of tax revenues to an authority pursuant to Section 62253, or the issuance of bonds by an authority shall be commenced within 30 days after the enactment of the resolution authorizing the action. Consistent with the time limitations of this section, an action or proceeding with respect to an allocation of tax revenues to, or the issuance of bonds by, an authority shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil procedure. An authority that receives an allocation of tax revenues pursuant to 62253 or that issues bonds, warrants, contracts, obligations, or other evidences of indebtedness may bring an action in the superior court of the county in which the authority is located to determine the validity of the bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 2018, Ch. 862, Sec. 7. (AB 2035) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 5 - Affordable Housing Authorities › Section 62262.

62262. An authority created pursuant to this division shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
(Amended by Stats. 2021, Ch. 615, Sec. 211. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 6 - Climate Resilience Districts › Section 62301.

62301. It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing climate change effects and impacts through activities and actions that include mitigation and adaptation, as necessary and appropriate, to achieve all of the following:
(a) Providing a sustained and certain level and source of funding at the local level.
(b) Allowing activities and actions on an appropriate geographic basis.
(c) Facilitating the receipt and use of federal, state, local, and private funds.
(Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 6 - Climate Resilience Districts › Section 62303.

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

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

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

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

62306. (a) A minimum of 95 percent of the allocated tax increment revenues pursuant to subdivision (b) of Section 62304 shall be used to fund eligible projects.
(b) Not more than 5 percent of allocated revenues may be used for administration.
(Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 6 - Climate Resilience Districts › Section 62309.

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

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

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

62312. (a) The following requirements shall apply to a project that is undertaken or financed by a district:
(1) Construction, alteration, demolition, installation, and repair work on the project shall be deemed a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(2) The district shall obtain an enforceable commitment from the developer or general contractor that the developer or general contractor and all its contractors and subcontractors at every tier will individually use a skilled and trained workforce, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code, to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades.
(3) Paragraph (2) shall not apply if all contractors and subcontractors at every tier performing the work will be bound by a project labor agreement that requires the use of a skilled and trained workforce and provides for enforcement of that obligation through an arbitration procedure.
(b) For purposes of this section:
(1) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(2) “Skilled and trained workforce” has the same meaning as set forth in subdivision (d) of Section 2601 of the Public Contract Code.
(Added by Stats. 2022, Ch. 266, Sec. 1. (SB 852) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 1 - General Provisions › ARTICLE 1 - Findings and Declarations › Section 63002.

63002. This division shall be known and may be cited as the Bergeson-Peace Infrastructure and Economic Development Bank Act.
(Amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 3. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63021.

63021. (a) There is within the Governor’s Office of Business and Economic Development the Infrastructure and Economic Development Bank which shall be responsible for administering this division.
(b) The bank shall be under the direction of an executive director appointed by the Governor, and who shall serve at the pleasure of the Governor. The appointment shall be subject to confirmation by the Senate.
(Amended by Stats. 2013, Ch. 352, Sec. 308. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63021.5.

63021.5. (a) The bank shall be governed and its corporate power exercised by a board of directors that shall consist of the following persons:
(1) The Director of Finance or his or her designee.
(2) The Treasurer or his or her designee.
(3) The Director of the Governor’s Office of Business and Economic Development or his or her designee, who shall serve as chair of the board.
(4) An appointee of the Governor.
(5) The Secretary of Transportation or his or her designee.
(b) Any designated director shall serve at the pleasure of the designating power.
(c) Three of the members shall constitute a quorum and the affirmative vote of three board members shall be necessary for any action to be taken by the board.
(d) A member of the board shall not participate in any bank action or attempt to influence any decision or recommendation by any employee of, or consultant to, the bank that involves a sponsor of which he or she is a representative or in which the member or a member of his or her immediate family has a personal financial interest within the meaning of Section 87100. For purposes of this section, “immediate family” means the spouse, children, and parents of the member.
(e) Except as provided in this subdivision, the members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for these expenses is not otherwise provided or payable by another public agency, and shall receive one hundred dollars ($100) for each full day of attending meetings of the authority.
(Amended by Stats. 2013, Ch. 353, Sec. 107. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63022.

63022. The executive director shall manage and conduct the business and affairs of the bank, the infrastructure bank fund, and guarantee trust fund, subject to the direction of the board. Except as otherwise provided in this section, the board may assign to the executive director, by resolution, those duties generally necessary or convenient to carry out its powers and purposes under this chapter. Any action involving final approval of any bonds, notes, or loans shall require the approval of a majority of the members of the board. Subject to any conditions that the board may from time to time prescribe, the executive director may exercise any power, function, or duty conferred by law on the bank in connection with the administration, management, and conduct of the business and affairs of the bank, the infrastructure bank fund, and the guarantee trust fund.
(Amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 8. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63022.5.

63022.5. (a) The officers of the bank shall be subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), the applicable rules and standards of the Municipal Securities Rulemaking Board, and all other applicable provisions of law.
(b) The bank may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach fiduciary obligation by the fiduciary.
(Amended by Stats. 1995, Ch. 863, Sec. 11. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63023.

63023. In administering and directing the day-to-day operations of the bank in regard to this division, the executive director, or whoever he or she shall assign, may do any of the following if authorized by resolution of the board:
(a) Enter into contracts for investment, guarantee, or enhancement.
(b) Establish procedures, guidelines, criteria, terms, conditions, or other requirements of any contract, bond, grant, or program, as the case may be, in order to carry out the intents and purposes of the board in authorizing any bond, loan, or grant program pursuant to this division.
(c) Decline to guarantee any risk, or to enter into any contract, in which the minimum requirements of the guarantee trust fund or the infrastructure bank fund are not complied with.
(d) Reinsure any risk or any part of any risk.
(e) Make rules for payments through the infrastructure bank fund and the settlement of claims against the guarantee trust fund and determine to whom and through whom the payments are to be made.
(f) Enter into any contracts or obligations relating to the infrastructure bank fund and the guarantee trust fund.
(g) Invest and reinvest the moneys belonging to the infrastructure bank fund and the guarantee trust fund as provided by this division.
(h) Enter into any contract or agreement, execute any instrument, conduct all business and affairs, and perform all acts relating to the infrastructure bank fund and the guarantee trust fund whether or not specifically designated in this division.
(Amended by Stats. 1995, Ch. 863, Sec. 12. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63023.1.

63023.1. The board may delegate to the executive director, or whomever he or she shall assign, the authority to execute a contract or agreement, execute an instrument, conduct all business and affairs, and perform all acts relating to the infrastructure bank fund and the guarantee trust fund.
(Added by Stats. 1994, Ch. 749, Sec. 9.5. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63024.

63024. The executive director may contract for technical services with the Department of Finance, the State Department of Health Care Services, the State Department of Public Health, the Department of Transportation, the Department of Water Resources, the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the Governor’s Office of Planning and Research, and any other necessary agencies, persons, or firms to enable the bank to properly perform the duties imposed by this division.
(Amended by Stats. 2011, Ch. 518, Sec. 1. (AB 1292) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63024.5.

63024.5. Where a state agency is authorized under state law to request that the bank issue bonds on its behalf, the agency may request, and the bank may issue, the bonds for the purpose authorized by state law and to fund any necessary reserves, capitalized interest, and costs of issuance associated with the bonds.
(Added by Stats. 2011, Ch. 518, Sec. 2. (AB 1292) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63025.

63025. The bank board shall do the following:
(a) Adopt bylaws for the regulation of its affairs and the conduct of its business.
(b) Adopt an official seal.
(Amended (as added by Stats. 1994, Ch. 94) by Stats. 1994, Ch. 749, Sec. 10. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63025.2.

63025.2. Nothing in Section 63025.1 shall be construed to extend or limit the authority of the bank that is otherwise provided in Section 19130.
(Added by Stats. 1999, Ch. 84, Sec. 2. Effective July 12, 1999.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63026.

63026. The fiscal powers granted to the bank by this part may be exercised without regard or reference to any other department, division, or agency of the state, except the Legislature. This division shall be deemed to provide an alternative method of doing the things authorized by this division, and shall be regarded as supplemental and additional to powers conferred by other laws.
(Amended by Stats. 1998, Ch. 4, Sec. 7. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63027.

63027. (a) The bank may provide insurance or reinsurance of loans or portions thereof, or their debt service, including amounts payable as premiums of penalties in the event of mandatory or optional prepayment, made to finance a project, and to provide insurance or reinsurance or reserves, or portions thereof, or the yield therefrom, established to secure bonds issued to fund those loans or reserves.
(b) The bank may enter into or arrange agreements for insurance or reinsurance with users, mortgagors, lending institutions, insurers, and others, the bank being authorized to reinsure or cede risks to the insurers in any amounts as the bank may determine and the insurers, if otherwise authorized to reinsure or insure those risks in California, being hereby authorized to reinsure the bank or cede risks to the bank to the same extent as if the bank were a company authorized to reinsure or insure those risks.
(c) The bank may fix a rate or rates of premium for insurance or reinsurance, which need not be uniform, and may reflect any risks and classifications of risk as the bank determines to be reasonable.
(d) The bank may exercise those other powers as are necessary or incidental to insurance, reinsurance, and related matters.
(e) The bank shall make reasonable provisions for the security of loans made by the bank, and any insurance, reinsurance, and other financing arrangements negotiated by the bank.
(f) The insurance or reinsurance provided for by the bank shall not constitute a debt or pledge of the faith and credit of the state or any subdivision of the state.
(Added by Stats. 1998, Ch. 4, Sec. 8. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 1 - Creation of the Bank › Section 63028.

63028. The bank assumes and shall observe, keep, and perform all of the responsibilities, liabilities, and obligations of the former California Economic Development Financing Authority established under Part 10.2 (commencing with Section 15710) of Division 2 of Title 2, as it read prior to the effective date of this section, and the assumption of the responsibilities, liabilities, and obligations of the former California Economic Development Financing Authority shall occur without any execution or filing of any paper or any further act. Any reference in any law, contract, bond, indenture, or other document to the former California Economic Development Financing Authority shall be deemed, hereafter, to mean the bank.
(Added by Stats. 1998, Ch. 4, Sec. 9. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 2 - General Provisions › Section 63030.

63030. Bonds issued by the bank or a special purpose trust are legal investments for all trust funds, the funds of all insurance companies, banks, both commercial and savings, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and for any funds that may be invested in county, school, or municipal bonds. These bonds are securities that may legally be deposited with, and received by, any state or municipal officer or agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including, deposits to secure public funds.
(Amended by Stats. 1995, Ch. 863, Sec. 14. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 6.7 - INFRASTRUCTURE FINANCE › DIVISION 1 - THE BERGESON-PEACE INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ACT › CHAPTER 2 - California Infrastructure and Economic Development Bank › ARTICLE 2 - General Provisions › Section 63031.

63031. No liability shall be incurred by the bank beyond the extent to which funds have been provided under this division. However, for the purposes of meeting the necessary expenses of initial organization and operation until the date that the bank derives revenues or proceeds from bonds as provided under this division, the bank may borrow money as needed for the purposes of meeting the necessary expenses of initial organization and operation from the Pooled Money Investment Account, as specified in subdivision (w) of Section 63025.1 or from any special funds, including the special funds of existing financing authorities. The borrowed money shall be repaid with interest within a reasonable time after the bank receives revenues or proceeds from bonds as provided under this division.
(Amended by Stats. 1995, Ch. 863, Sec. 15. Effective January 1, 1996.)