reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5900.

5900. The Legislature finds and declares all of the following:
(a) The ability of the state and local governments to issue bonds is essential to their ability to finance public improvements and other projects and programs which serve important public purposes and have major social and economic consequences to the people of California.
(b) The exemption of interest on these bonds from federal income taxation has been a major feature of this financing, reducing interest costs to the state and local government issuers and enhancing the marketability of the bonds.
(c) Proposed federal tax legislation would substantially curtail the purposes for, and conditions under which, bonds may be issued with interest exempt from federal income taxation, with the result that in order to provide financing for those purposes or under those conditions state and local governments will in some instances be required, or elect, to issue bonds which bear interest not exempt from federal income taxation. These bonds often have different terms and structural features and are sold and traded in a different market than bonds the interest on which is exempt from federal income taxation.
(d) The state and local governments have the power to issue bonds bearing interest subject to federal income taxation, but the state and local governments may lack clear authority to structure this financing for the applicable market or otherwise to achieve the lowest effective borrowing cost or terms most suitable to the state or local government issuer, the project, or the financing program.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5901.

5901. It is the intent of the Legislature that state and local governments be provided with the powers and flexibility necessary and appropriate for them to access the market for bonds which bear interest subject to federal income taxation.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5902.

5902. As used in this chapter, the following words and terms shall have the following meanings, unless the context otherwise indicates or requires another or different meaning or intent:
(a) “Bonds” means bonds, notes, warrants, bond anticipation notes, commercial paper, or other evidences of indebtedness, or lease, installment purchase, or other agreements or certificates of participation therein.
(b) “Legislative body” means the governing body or board of the state or local government.
(c) “State or local government” means the state, any department, agency, board, commission, or authority of the state, or any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5903.5.

5903.5. Section 5903 shall apply to any bonds the interest on which will not be subject to federal income taxation under the law in existence on the date of issuance or pending on the date of issuance with an effective date preceding the date of issuance, notwithstanding any other provision of law, if the bonds are issued by the same state or local government for the same project or purpose and within 45 days of the date of issuance of bonds described in Section 5903.
(Added by Stats. 1987, Ch. 845, Sec. 2. Effective September 21, 1987.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5904.

5904. The state or a local government may take any actions, and enter into any agreements, necessary or appropriate to register or qualify the bonds described in Section 5903 for offer and sale under the federal or any state’s or nation’s securities laws and to comply with those laws.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5905.

5905. One or more state or local governments may cause to be formed, and may acquire all, but not less than all, of the voting stock in, one or more corporations, not chartered by a state or federal agency as a depository institution, but organized for the purpose of undertaking financing programs approved by each legislative body and found by each legislative body to be of benefit to the state or local government.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5906.

5906. Any bonds issued by a state or local government pursuant to this chapter, or otherwise, and the purchasers or holders thereof, shall be exempt from the usury provisions of Section 1 of Article XV of the California Constitution. Any loan, lease, installment sale, investment, forbearance of money, or other agreement between a user of the proceeds of or other moneys pledged to bonds and the issuer of the bonds, or entered into by or on behalf of the issuer of the bonds that provides for the use of the proceeds of the bonds or other moneys pledged to or securing the bonds, and the issuer of the bonds or any person acting on its behalf in connection with the foregoing shall be exempt from the usury provisions of Section 1 of Article XV of the California Constitution. This section creates and authorizes exempted classes of transactions and persons pursuant to Section 1 of Article XV of the California Constitution.
(Amended by Stats. 2006, Ch. 538, Sec. 231. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5907.

5907. This chapter shall not affect bonds approved by the voters of the state or local government issuer prior to the effective date of this chapter, to the extent that this chapter is inconsistent with the measure authorizing those bonds.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5908.

5908. The authority conferred by this chapter includes the authority to enter into any and all contracts incident to the exercise of the authority conferred by this chapter, including, without limitation, contracts for the performance of professional services.
(Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 11 - Public Financing › Section 5909.

5909. To the extent that the provisions of this chapter are inconsistent with any other provision of general law or special act or any part thereof, now or hereafter enacted, the provisions of this chapter shall be controlling.
(Added by Stats. 1987, Ch. 845, Sec. 4. Effective September 21, 1987.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5920.

5920. The Legislature finds and declares that the incurring or carrying of obligations and making and managing of investments by state and local governments involves a variety of interest rates, payment, and other risks, that a number of financial instruments are available to offset, hedge, or reduce, and improve net costs, and that many state agencies and local governments lack express statutory authority to take advantage of those instruments.
(Added by Stats. 1987, Ch. 846, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5921.

5921. As used in this chapter, the following definitions apply, unless the context otherwise indicates or requires another or different meaning or intent:
(a) “Bonds” mean bonds, notes, bond anticipation notes, commercial paper, or other evidences of indebtedness, or reimbursement warrants or refunding warrants, or lease, installment purchase, or other agreements or certificates of participation therein.
(b) “State” means the state or any department, agency, board, commission, or authority of the state.
(c) “Local government” means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity.
(Amended by Stats. 2006, Ch. 640, Sec. 1. Effective September 29, 2006.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5921.5.

5921.5. For purposes of this chapter, in addition to any other authorization provided by law, the Treasurer may enter into and manage on behalf of the state any contracts described in Section 5922 with respect to any state bonds for which the Treasurer acts as the agent for sale pursuant to Chapter 9 (commencing with Section 5700).
(Added by Stats. 2006, Ch. 640, Sec. 2. Effective September 29, 2006.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5923.

5923. (a) To the extent that this chapter is inconsistent with any other general statute or special act or parts thereof, now or hereafter enacted, this chapter is controlling.
(b) This chapter shall be liberally construed to effect its purpose.
(Added by Stats. 1987, Ch. 846, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5924.

5924. (a) (1) Notwithstanding Section 13340, there is hereby continuously appropriated without regard to fiscal years, from the General Fund in the State Treasury for the purpose of this chapter, an amount that will equal the sum annually as will be necessary to pay all obligations, including principal, interest, fees, costs, indemnities, and all other amounts incurred by the state under or in connection with any credit enhancement or liquidity agreement, as specified in paragraph (2), that is entered into by the state pursuant to this chapter for bonds payable pursuant to an appropriation from the General Fund.
(2) A credit enhancement or liquidity agreement subject to this section includes a credit enhancement or liquidity agreement that is in the form of a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement.
(b) (1) If the agent for sale determines that the credit enhancement or liquidity agreement is expected to result in a lower cost of the borrowing for the bonds to which the credit enhancement or liquidity agreement pertains, the state may incur fees, costs, and other similar expenses under or in connection with any credit enhancement or liquidity agreement entered into by the state pursuant to this chapter.
(2) The amount appropriated pursuant to subdivision (a) for fees, costs, and other similar expenses incurred in connection with any credit enhancement or liquidity agreement, when expressed as a percentage of the original principal amount of the bonds to which the credit enhancement or liquidity agreement pertains, may not exceed 3 percent.
(3) The amount appropriated pursuant to subdivision (a) for interest incurred in connection with any credit enhancement or liquidity agreement, when expressed as a percentage of the outstanding principal amount of the bonds to which the credit enhancement or liquidity agreement pertains, may not exceed the interest rate percentage set forth in subdivision (d) of Section 16731.
(Amended (as amended by Stats. 2009, Ch. 646, Sec. 1) by Stats. 2012, Ch. 32, Sec. 4. (SB 1006) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 12 - Public Finance Contracts › Section 5925.

5925. The purchase or other acquisition of bonds by or on behalf of the state or local government that issued the bonds does not cancel, extinguish, or otherwise affect the bonds and the bonds shall be treated as outstanding bonds for all purposes except to the extent otherwise determined by the issuer or otherwise provided in the constituent instruments defining the rights of the holders of the bonds.
(Added by Stats. 2008, Ch. 3, Sec. 1. Effective March 26, 2008.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5950.

5950. As used in this chapter:
(a) “Accredited investor” has the meaning specified in Rule 501 of the Securities Act of 1933.
(b) “In this state” has the meaning specified in Section 25008 of the Corporations Code.
(c) “Issuer” has the meaning specified in Section 25010 of the Corporations Code.
(d) “Issuer transaction” means any transaction directly or indirectly for the benefit of the issuer. A transaction is indirectly for the benefit of the issuer if any portion of the purchase price of any security constituting a fractional interest in a lease, installment sale, or other obligation of a local agency involved in the transaction will be received indirectly by the issuer. An offer or sale that involves both an issuer transaction and a transaction that is not an issuer transaction shall be treated as separate transactions.
(e) “Knowingly” means that a person, with respect to an offer or sale of a security constituting a fractional interest in a lease, installment sale, or other obligation of a local agency, does any of the following:
(1) Has actual knowledge that the local agency has not consented to the offer or sale of such security.
(2) Acts in deliberate ignorance of whether or not the local agency has consented to the offer or sale of that security.
(3) Acts in reckless disregard of whether or not the local agency has consented to the offer or sale of that security.
Proof of specific intent to violate Section 5951 is not required.
(f) “Local agency” means a city, county, city and county, school district, special district, public corporation, or other public entity of this state.
(g) “Person” has the meaning specified in Section 25013 of the Corporations Code.
(h) “Qualified institutional buyer” has the meaning specified in Rule 144A of the Securities Act of 1933.
(i) “Sale,” “sell,” “offer,” and “offer to sell” have the respective meanings specified in Section 25017 of the Corporations Code.
(j) “Security” has the meaning specified in Section 25019 of the Corporations Code.
(k) “Securities Act of 1933” and “Investment Company Act of 1940” means the federal statutes of those names as amended before or after the effective date of this chapter.
(Added by Stats. 1994, Ch. 972, Sec. 3. Effective September 29, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5951.

5951. It is unlawful for any person to offer or sell in an issuer transaction in this state, or otherwise knowingly to offer or sell in this state, any security constituting a fractional interest in a lease, installment sale, or other obligation of a local agency without obtaining the prior written consent of that local agency to that offer or sale. However, this section shall not apply to any of the following:
(a) Any security that constitutes a fractional interest in a lease, installment sale, or other obligation of a local agency and that was first issued and sold prior to October 2, 1993.
(b) Offers or sales of shares or interests in any registered unit investment trust or management company, each as defined in the Investment Company Act of 1940.
(c) Any security that constitutes a fractional interest in a lease, installment sale, or other obligation of a local agency and that is registered under the Securities Act of 1933.
(d) Offers or sales of any security described in this section subsequent to an offer or sale of that security in compliance with this section.
(e) Offers or sales of participation interests between financial institutions.
(f) Any security that constitutes a fractional interest in a lease, installment sale, or other obligation of a local agency and that is created concurrently with, and as an integral part of, a financing to which the local agency is a party.
(g) Offers or sales of any security that constitutes a fractional interest in a lease, installment sale, or other obligation of a local agency made solely to one or more persons who are reasonably believed to be qualified institutional buyers or accredited investors.
(h) Any security that was first issued and sold prior to the effective date of this section if that security is either described in subdivision (b), (c), or (f), or was issued and sold in a transaction described in subdivision (d), (e), or (g).
(Added by Stats. 1994, Ch. 972, Sec. 3. Effective September 29, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5952.

5952. Any consent granted by a local agency under Section 5951 shall be conclusively evidenced by a resolution of the governing body of the local agency, or by a written instrument executed on behalf of the local agency by its treasurer, chief financial officer, or purchasing agent, or by any other officer of the local agency authorized by resolution of the governing body thereof to grant consents under Section 5951.
(Added by Stats. 1994, Ch. 972, Sec. 3. Effective September 29, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5953.

5953. No local agency that consents to an offer or sale of a security that constitutes a fractional interest in a lease, installment sale, or other obligation of the local agency shall be required to review any proceedings relating to the creation of the security or any of the offering or placement memoranda or any other marketing or descriptive materials relating to the security, and all memoranda or materials shall include a prominent statement on the face thereof substantially to the effect that the consenting local agency (specified by name) has not reviewed any of the proceedings relating to the creation of the security or any of the offering or placement memoranda or other marketing materials relating thereto.
(Added by Stats. 1994, Ch. 972, Sec. 3. Effective September 29, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5954.

5954. Any person who violates this chapter shall upon conviction be fined not more than ten million dollars ($10,000,000), or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code for five years, or be punished by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 128. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 13 - Fractional Interest in Local Agency Obligations › Section 5955.

5955. The obtaining of local agency consent to an offer or sale of a security under Section 5951 shall not obviate the necessity of qualification of the offer or sale of such security under Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code, unless the security or transaction is exempt from qualification under such law.
(Added by Stats. 1994, Ch. 972, Sec. 3. Effective September 29, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.

5956. Local governmental agencies have experienced a significant decrease in available tax revenues to fund necessary infrastructure improvements. If local governmental agencies are going to maintain the quality of life that this infrastructure provides, they must find new funding sources. One source of new money is private sector investment capital utilized to design, construct, maintain, rebuild, repair, and operate infrastructure facilities. Unless private sector investment capital becomes available to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate, or any combination thereof, fee-producing infrastructure facilities, some local governmental agencies will be unable to replace deteriorating infrastructure. Further, some local governmental agencies will be unable to expand and build new infrastructure facilities to serve the increasing population.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.1.

5956.1. It is the intent of the Legislature that local governmental agencies have the authority and flexibility to utilize private investment capital to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate, or any combination thereof, fee-producing infrastructure facilities. Without the ability to utilize private sector investment capital to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate, or any combination thereof, fee-producing infrastructure facilities, the Legislature finds that some local governmental agencies will not be able to adequately, competently, or satisfactorily retrofit, reconstruct, repair, or replace existing infrastructure and will not be able to adequately, competently, or satisfactorily design and construct new infrastructure.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.2.

5956.2. It is the intent of the Legislature that this chapter be construed as creating a new and independent authority for local governmental agencies to utilize private sector investment capital to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate, or any combination thereof, fee-producing infrastructure facilities. To that end, this authority is intended to supplement and be independent of any existing authority and does not limit, replace, or detract from existing authority. This chapter may be used by local governmental entities when they deem it appropriate in the exercise of their discretion. It is the intent of the Legislature that this act create no new governmental entities.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.3.

5956.3. (a) For purposes of this chapter, “governmental agency” includes a city, county, city and county, including a chartered city or county, school district, community college district, public district, county board of education, joint powers authority, transportation commission or authority, or any other public or municipal corporation.
(b) For purposes of this chapter, “private entity” includes a person, business entity, combination of persons and business entities, or a combination of business entities.
(c) For purposes of this chapter, “fee-producing infrastructure project” or “fee-producing infrastructure facility” means the operation of the infrastructure project or facility will be paid for by the persons or entities benefited by or utilizing the project or facility.
(Amended by Stats. 1998, Ch. 876, Sec. 3. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.4.

5956.4. A governmental agency may solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and may lease to, private entities for the following types of fee-producing infrastructure projects:
(a) Irrigation.
(b) Drainage.
(c) Energy or power production.
(d) Water supply, treatment, and distribution.
(e) Flood control.
(f) Inland waterways.
(g) Harbors.
(h) Municipal improvements.
(i) Commuter and light rail.
(j) Highways or bridges.
(k) Tunnels.
(l) Airports and runways.
(m) Purification of water.
(n) Sewage treatment, disposal, and water recycling.
(o) Refuse disposal.
(p) Structures or buildings, except structures or buildings that are to be utilized primarily for sporting or entertainment events.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.5.

5956.5. Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5, or Part 2 (commencing with Section 10100) or Part 3 (commencing with Section 20100) of Division 2 of the Public Contract Code, the governmental agency soliciting proposals and entering into agreements with private entities for the studying, planning, design, developing, financing, construction, maintenance, rebuilding, improvement, repair, or operation, or any combination thereof, by private entities for fee-producing infrastructure projects shall ensure that the contractor is selected pursuant to a competitive negotiation process. Projects may be proposed by the private entity and selected by the governmental agency at the discretion of the governmental agency. Projects may be proposed and selected individually or as part of a related or larger project. The competitive negotiation process shall utilize, as the primary selection criteria, the demonstrated competence and qualifications for the studying, planning, design, developing, financing, construction, maintenance, rebuilding, improvement, repair, or operation, or any combination thereof, of the facility. The selection criteria shall also ensure that the facility be operated at fair and reasonable prices to the user of the infrastructure facility services. The competitive negotiation process shall not require competitive bidding. The competitive negotiation process shall specifically prohibit practices that may result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit governmental agency employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section that would subject those employees to the prohibition of Section 87100. Other than these criteria and applicable provisions related to providing security for the construction and completion of the facility, the governmental agency soliciting proposals is not subject to any other provisions of the Public Contract Code or this code that relates to public procurements.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.7.

5956.7. (a) The governmental agency may exercise any power possessed by it with respect to the development and construction of infrastructure projects pursuant to this chapter. Agreements for the maintenance and police services entered into pursuant to this chapter shall provide for full reimbursement for services rendered by the governmental agency in accordance with the terms and conditions specified in the agreement. The governmental agency may provide services for which it is reimbursed with respect to preliminary planning, environmental certification, and preliminary design of the infrastructure projects. The governmental agency may consult with legal, financial, and other consultants in the negotiation and development of the agreement. To the extent existing public utility infrastructure is necessarily required to be modified, relocated, or removed in order for an infrastructure project authorized by this chapter to be constructed, the cost of modification, relocation, or removal of the existing infrastructure shall be borne by the private entity and included as a recoverable capital cost of the project. This cost shall not be construed to include costs of increasing the capacity, or upgrading, or improving the existing public utility infrastructure.
(b) The private entity’s responsibility to modify, relocate, or remove existing public utility infrastructure shall not alter any agreements that may be in place between the governmental agency and any public utility regarding projects funded by the governmental agency.
(c) In the event of a dispute regarding the reimbursement required, a private entity may request an audit of the public utility’s costs by a mutually acceptable certified public accountant. The result of the audit shall determine the actual costs. If the audit indicates that the public utility’s actual costs were less than 95 percent of the cost claimed, the cost of the audit shall be borne by the public utility. If the audit indicates that the public utility’s actual costs were 95 percent or more of the cost claimed, the cost of the audit shall be borne by the private entity.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.8.

5956.8. The plans and specifications for each project constructed pursuant to this chapter shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity designing, constructing, operating, and maintaining infrastructure facilities pursuant to this chapter shall utilize private sector design and construction firms to design and construct the infrastructure facilities. However, a facility subject to this chapter and leased to a private entity shall, during the term of the lease, be deemed to be public property for purposes of identification, maintenance, enforcement of laws and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.9.

5956.9. In order to use the authority conferred by this chapter to the maximum extent, a governmental agency may use private infrastructure financing pursuant to this chapter as the exclusive revenue source or as a supplemental revenue source with federal or local funds. The governmental agency involved may be a local governmental agency or a combination of local governmental agencies. The governmental agency may work cooperatively with the California Infrastructure and Economic Development Board with regard to the design, construction, operation, and financing of privately financed facilities, but the projects will not be subject to the review or approval of that board.
(Added by Stats. 1996, Ch. 1040, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14 - Infrastructure Financing › Section 5956.10.

5956.10. (a) Notwithstanding any other provision of this chapter, neither the state or any state agency shall directly or indirectly use the authority in this chapter nor shall any governmental agency, as defined in Section 5956.3, use the authority in this chapter to design, construct, finance, or operate a state project. For purposes of this section, a state project includes any of the following:
(1) Tollroads on state highways.
(2) State water projects.
(3) State park and recreation projects.
(4) State financed projects.
(b) These limitations shall not prohibit the state, any state agency, or any governmental agency, as defined in Section 5956.3, from utilizing authorizations contained in other provisions of law.
(c) This section shall become operative on January 1, 2020.
(Repealed (in Sec. 1) and added by Stats. 2014, Ch. 664, Sec. 2. (AB 1478) Effective September 27, 2014. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14.5 - Awarding of Contracts › Section 5970.

5970. As used in this chapter, the following phrases have the following meanings:
(a) “Person” means any broker, dealer, municipal securities dealer, investment advisor, or investment firm.
(b) “Regulatory agency” means the Department of Financial Protection and Innovation, the securities administrators or other similar regulatory authority in any other state, the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Municipal Securities Rulemaking Board, the Commodity Futures Trading Commission, or any other self-regulatory organization.
(c) “State or local government” means the state, any department, agency, board, commission, or authority of the state, or any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity.
(Amended by Stats. 2022, Ch. 452, Sec. 168. (SB 1498) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 14.5 - Awarding of Contracts › Section 5971.

5971. In selecting any person to provide underwriting services, including financial, advisory or other financial services, involving the issuance of securities, the state or the legislative body of any local governmental entity may consider, among other things, prior conduct of the person, or any employee of the person, including, but not limited to, acts constituting fraud or a violation of state or federal securities law and that resulted in the issuance by, or on behalf of, a governmental regulatory agency of a cease and desist order, a preliminary injunction that has not been dissolved by court order or replaced by a permanent injunction or a permanent injunction, censure, or any other administrative or judicial enforcement order.
(Added by Stats. 1996, Ch. 309, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 15 - Long Beach Civic Center › Section 5975.

5975. As used in this chapter:
(a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials.
(b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience.
(c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center.
(d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department.
(e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres.
(f) “Private entity” means an individual, business entity, or combination of individuals and business entities.
(g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities.
(h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities.
(i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities.
(j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project.
(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 15 - Long Beach Civic Center › Section 5976.

5976. (a) The city may contract and procure the project pursuant to this chapter.
(b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail.
(c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city.
(d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100.
(e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000)), except those exempted from disclosure under that act.
(Amended by Stats. 2021, Ch. 615, Sec. 140. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 15 - Long Beach Civic Center › Section 5977.

5977. (a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences.
(b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term.
(c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing.
(d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust.
(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 15 - Long Beach Civic Center › Section 5978.

5978. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 6 - PUBLIC BONDS AND OBLIGATIONS › CHAPTER 15 - Long Beach Civic Center › Section 5979.

5979. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.
(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6000.

6000. A “newspaper of general circulation” is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers, and has been established, printed and published at regular intervals in the State, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6001.

6001. A newspaper devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or for any number thereof, when the avowed purpose is to entertain or instruct such classes, is not a newspaper of general circulation.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6002.

6002. For a newspaper to be “established,” it shall have been in existence under a specified name during the whole of the one-year period; provided, however, nothing herein contained shall prevent a modification of name in accordance with Section 6024 hereof where the modification of name does not substantially change the identity of the newspaper.
(Amended by Stats. 1953, Ch. 1295.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6003.

6003. For a newspaper to be “printed,” the mechanical work of producing it, that is the work of typesetting and impressing type on paper, shall have been performed during the whole of the one year period.
If a monthly average of at least 50 per cent of the work of typesetting and a monthly average of at least 50 per cent of the work of impressing type on paper is done in accordance with the other provisions of this article, the requirements embodied in “printed” are met.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6004.

6004. For a newspaper to be “published,” it shall have been issued from the place where it is printed and sold to or circulated among the people and its subscribers during the whole of the one year period.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6004.5.

6004.5. In order to qualify as a newspaper of general circulation the newspaper, if either printed or published in a town or city, shall be both printed and published in one and the same town or city.
(Added by Stats. 1951, Ch. 937.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6005.

6005. “Printed” and “published” are not synonymous. Each relates to separate acts or functions necessary to constitute a newspaper of general circulation.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 1 - Publications and Official Advertising › ARTICLE 1 - General › Section 6006.

6006. Nothing in this chapter alters the standing of any newspaper which, prior to the passage of Chapter 258 of the Statutes of 1923, was an established newspaper of general circulation, irrespective of whether it was printed in the place where it was published for a period of one year as required.
(Amended by Stats. 1961, Ch. 1217.)