reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 17 - Passenger Rail and Clean Air Bond Act of 1990 › ARTICLE 3 - Fiscal Provisions › Section 2701.23.

2701.23. (a) The department may advance funds in the State Highway Account in the State Transportation Fund for all or a portion of the cost of projects approved for bond funding pursuant to this chapter. The director shall first make a finding that there are adequate funds for the advancement without delaying or adversely affecting any other project. The total amount advanced shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purposes of this chapter.
(b) All advances shall be subject to the terms and conditions of an agreement between the department and the public entity which will receive the advancement. The agreement shall contain provisions for reimbursement of the State Highway Account from the proceeds of the next bond sale for funds advanced pursuant to this section. Any amounts advanced pursuant to this section shall be repaid with interest at the rate being earned by the Pooled Money Investment Account at the time of the advance. Interest payments shall be made from the funds of the public entity which received the advancement, other than from the proceeds of bonds authorized by this chapter.
(Repealed and added by Stats. 1992, Ch. 25, Sec. 6. Effective April 1, 1992. Note: This section was added originally by Stats. 1989, Ch. 108, and approved in Prop. 108 on June 5, 1990.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 17 - Passenger Rail and Clean Air Bond Act of 1990 › ARTICLE 3 - Fiscal Provisions › Section 2701.24.

2701.24. Notwithstanding Section 2701.22 or any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 1991, Ch. 652, Sec. 27.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 1 - General Provisions › Section 2704.

2704. This chapter shall be known and may be cited as the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 1 - General Provisions › Section 2704.01.

2704.01. As used in this chapter, the following terms have the following meanings:
(a) “Committee” means the High-Speed Passenger Train Finance Committee created pursuant to Section 2704.12.
(b) “Authority” means the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor.
(c) “Fund” means the High-Speed Passenger Train Bond Fund created pursuant to Section 2704.05.
(d) “High-speed train” means a passenger train capable of sustained revenue operating speeds of at least 200 miles per hour where conditions permit those speeds.
(e) “High-speed train system” means a system with high-speed trains and includes, but is not limited to, the following components: right-of-way, track, power system, rolling stock, stations, and associated facilities.
(f) “Corridor” means a portion of the high-speed train system as described in Section 2704.04.
(g) “Usable segment” means a portion of a corridor that includes at least two stations.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 2 - High-Speed Passenger Train Financing Program › Section 2704.05.

2704.05. Subject to Section 2704.18, the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the High-Speed Passenger Train Bond Fund, which is hereby created.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 2 - High-Speed Passenger Train Financing Program › Section 2704.06.

2704.06. The net proceeds received from the sale of nine billion dollars ($9,000,000,000) principal amount of bonds authorized pursuant to this chapter, upon appropriation by the Legislature in the annual Budget Act, shall be available, and subject to those conditions and criteria that the Legislature may provide by statute, for (a) planning the high-speed train system and (b) capital costs set forth in subdivision (c) of Section 2704.04, consistent with the authority’s certified environmental impact reports of November 2005 and July 9, 2008, as subsequently modified pursuant to environmental studies conducted by the authority.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 2 - High-Speed Passenger Train Financing Program › Section 2704.07.

2704.07. The authority shall pursue and obtain other private and public funds, including, but not limited to, federal funds, funds from revenue bonds, and local funds, to augment the proceeds of this chapter.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 2 - High-Speed Passenger Train Financing Program › Section 2704.09.

2704.09. The high-speed train system to be constructed pursuant to this chapter shall be designed to achieve the following characteristics:
(a) Electric trains that are capable of sustained maximum revenue operating speeds of no less than 200 miles per hour.
(b) Maximum nonstop service travel times for each corridor that shall not exceed the following:
(1) San Francisco-Los Angeles Union Station: two hours, 40 minutes.
(2) Oakland-Los Angeles Union Station: two hours, 40 minutes.
(3) San Francisco-San Jose: 30 minutes.
(4) San Jose-Los Angeles: two hours, 10 minutes.
(5) San Diego-Los Angeles: one hour, 20 minutes.
(6) Inland Empire-Los Angeles: 30 minutes.
(7) Sacramento-Los Angeles: two hours, 20 minutes.
(c) Achievable operating headway (time between successive trains) shall be five minutes or less.
(d) The total number of stations to be served by high-speed trains for all of the corridors described in subdivision (b) of Section 2704.04 shall not exceed 24. There shall be no station between the Gilroy station and the Merced station.
(e) Trains shall have the capability to transition intermediate stations, or to bypass those stations, at mainline operating speed.
(f) For each corridor described in subdivision (b), passengers shall have the capability of traveling from any station on that corridor to any other station on that corridor without being required to change trains.
(g) In order to reduce impacts on communities and the environment, the alignment for the high-speed train system shall follow existing transportation or utility corridors to the extent feasible and shall be financially viable, as determined by the authority.
(h) Stations shall be located in areas with good access to local mass transit or other modes of transportation.
(i) The high-speed train system shall be planned and constructed in a manner that minimizes urban sprawl and impacts on the natural environment.
(j) Preserving wildlife corridors and mitigating impacts to wildlife movement, where feasible as determined by the authority, in order to limit the extent to which the system may present an additional barrier to wildlife’s natural movement.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.10.

2704.10. (a) Bonds in the total amount of nine billion nine hundred fifty million dollars ($9,950,000,000), exclusive of refunding bonds issued in accordance with Section 2704.19, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.11.

2704.11. (a) Except as provided in subdivision (b), the bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.
(b) Notwithstanding any provision of the State General Obligation Bond Law, each issue of bonds authorized by the committee shall have a final maturity of not more than 40 years from the date of original issuance thereof.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.12.

2704.12. (a) Solely for the purpose of authorizing the issuance and sale of the bonds authorized by this chapter and the making of those determinations and the taking of other actions as are authorized by this chapter, pursuant to the State General Obligation Bond Law, the High-Speed Passenger Train Finance Committee is hereby created. For purposes of this chapter, the High-Speed Passenger Train Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Director of Finance, the Controller, the Secretary of Business, Transportation and Housing, and the chairperson of the authority. Notwithstanding any other provision of law, any member of the committee may designate a representative to act as that member in his or her place and stead for all purposes, as though the member were personally present. The Treasurer shall serve as chairperson of the committee. A majority of the committee shall constitute a quorum of the committee, and may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the authority is designated the “board.”
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.13.

2704.13. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Sections 2704.06 and 2704.095 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be issued and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized be issued and sold at any one time. The committee shall consider program funding needs, revenue projections, financial market conditions, and other necessary factors in determining the term for the bonds to be issued. In addition to all other powers specifically granted in this chapter and the State General Obligation Bond Law, the committee may do all things necessary or convenient to carry out the powers and purposes of this article, including the approval of any indenture relating to the bonds, and the delegation of necessary duties to the chairperson and to the Treasurer as agent for the sale of the bonds. Any terms of any bonds issued under this chapter may be provided under an indenture instead of under a resolution, as determined by the committee.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.14.

2704.14. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.15.

2704.15. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount equal to the total of the following: (a) that sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable, and (b) the sum necessary to carry out Section 2704.17, appropriated without regard to fiscal years.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.16.

2704.16. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of this chapter, less any amount borrowed pursuant to Section 2701.17. The board shall execute such documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.17.

2704.17. For the purpose of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of unsold bonds which have been authorized by the committee to be sold for the purpose of carrying out this chapter, less any amount borrowed pursuant to Section 2704.16. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from the sale of bonds for the purpose of carrying out this chapter.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.18.

2704.18. All money deposited in the fund which is derived from premium on bonds sold shall be available to pay costs of issuing the bonds, and to the extent not so needed, together with accrued interest derived from sale of the bonds, shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.19.

2704.19. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.20.

2704.20. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20 - Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › ARTICLE 3 - Fiscal Provisions › Section 2704.21.

2704.21. Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 2008, Ch. 267, Sec. 9. Approved in Proposition 1A at the November 4, 2008, election.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20.5 - Implementation of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › Section 2704.76.

2704.76. (a) (1) Of the one billion one hundred million dollars ($1,100,000,000) appropriated pursuant to Item 2665-104-6043 of Section 2.00 of the Budget Act of 2012, six hundred million dollars ($600,000,000) shall be allocated solely for purposes of the Metropolitan Transportation Commission Memorandum of Understanding, as approved by the High-Speed Rail Authority on April 12, 2012, in High-Speed Rail Authority Resolution 12-11, and five hundred million dollars ($500,000,000) shall be allocated for purposes of the Southern California Memorandum of Understanding, as approved by the High-Speed Rail Authority on April 12, 2012, in High-Speed Rail Authority Resolution 12-10.
(2) Transfers from Item 2665-104-6043 of Section 2.00 of the Budget Act of 2012 pursuant to Provision 2 of that item to Item 2665-004-6043 or Item 2665-306-6043 shall be limited to temporary transfers for account management purposes. Funds appropriated by Item 2665-104-6043 of Section 2.00 of the Budget Act of 2012 shall not otherwise be used in high-speed rail project segments other than the segments that are the subjects of the two memoranda of understanding referenced in paragraph (1).
(b) Funds appropriated pursuant to Items 2660-104-6043, 2660-304-6043, and 2665-104-6043 of Section 2.00 of the Budget Act of 2012, to the extent those funds are allocated to projects in the San Francisco to San Jose segment, shall be used solely to implement a rail system in that segment that primarily consists of a two-track blended system to be used jointly by high-speed rail trains and Peninsula Joint Powers Board commuter trains (Caltrain), with the system to be contained substantially within the existing Caltrain right-of-way.
(c) This section shall remain in effect as long as the appropriation in Item 2665-104-6043 of Section 2.00 of the Budget Act of 2012 remains available for encumbrance or liquidation, and shall be inoperative thereafter.
(Added by Stats. 2013, Ch. 216, Sec. 1. (SB 557) Effective January 1, 2014. Conditionally inoperative as prescribed by its own provisions.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20.5 - Implementation of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › Section 2704.77.

2704.77. Any track expansion for the San Francisco to San Jose segment of the high-speed rail system beyond the blended system approach identified in the April 2012 California High-Speed Rail Program Revised 2012 Business Plan and approved by the High-Speed Rail Authority in April 2012 shall require approval from all nine parties to the Bay Area High-Speed Rail Early Investment Strategy Memorandum of Understanding, as follows:
(a) The High-Speed Rail Authority.
(b) The Metropolitan Transportation Commission.
(c) The Peninsula Corridor Joint Powers Board.
(d) The San Francisco County Transportation Authority.
(e) The San Mateo County Transportation Authority.
(f) The Santa Clara County Valley Transportation Authority.
(g) The City of San Jose.
(h) The City and County of San Francisco.
(i) The Transbay Joint Powers Authority.
(Added by Stats. 2013, Ch. 216, Sec. 2. (SB 557) Effective January 1, 2014.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 3 - APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS › CHAPTER 20.5 - Implementation of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century › Section 2704.78.

2704.78. (a) For purposes of the funding plan required pursuant to subdivision (d) of Section 2704.08, a corridor or usable segment thereof is “suitable and ready for high-speed train operation” if the bond proceeds, as appropriated pursuant to Senate Bill 1029 of the 2011–12 Regular Session (Chapter 152 of the Statutes of 2012), are to be used for a capital cost for a project that would enable high-speed trains to operate immediately or after additional planned investments are made on the corridor or useable segment thereof and passenger train service providers will benefit from the project in the near-term.
(b) In each report prepared pursuant to Sections 185033 and 185033.5 of the Public Utilities Code, the authority shall include information describing the use of bond proceeds appropriated by Section 2.00 of the Budget Act of 2012, as added by Section 3 of Chapter 152 of the Statutes of 2012, demonstrating that the investments made are consistent with the authority’s current business plan and advance the development of the Phase I blended system as described in the business plan.
(Added by Stats. 2016, Ch. 744, Sec. 2. (AB 1889) Effective January 1, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2800.

2800. This division may be cited as the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2802.

2802. As used in this division, “assessment roll” or “taxation assessment roll” when used with reference to a county, or district or other public corporation, means the taxation assessment roll of the county, and when used with reference to a city means the assessment roll of the county in which the city is located unless a correction factor is established for the purpose of determining true value as provided for in Part 8, in which event those terms mean the taxation assessment rolls of the city.
(Amended by Stats. 1941, Ch. 1070.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2803.

2803. This division shall not prevent the acquisition of property for public use and the making of public improvements in a single proceeding if the law under which the acquisition and the improvement are to be made authorizes such acquisition and the making of such improvements in a single proceeding.
Where a single proceeding covering both the acquisition and the improvement is contemplated, only a single proceeding covering both the acquisition and improvement need be taken under this division, and its provisions shall apply to such proceedings in the same manner as they apply to proceedings in which only the acquisition of property or the making of improvements is involved.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2803.5.

2803.5. Proceedings under this division may be combined with proceedings under the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) or with proceedings under the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)) in any manner which is convenient and economical.
(Added by Stats. 1984, Ch. 1298, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2804.

2804. (a) This division does not apply to irrigation districts, irrigation district improvement districts, fire districts, fire protection districts, or public cemetery districts, or to any proceeding otherwise subject to this division when one or more of the following situations exist:
(1) The proceedings are undertaken by a district or public corporation within one year of its incorporation.
(2) The improvement proceedings are by a chartered city, chartered county, or a county sanitation district which is governed ex officio by the board of supervisors of a chartered county, and the city, county, or district has complied with Section 19 of Article XVI of the California Constitution.
(3) All of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvements have signed and filed with the clerk or secretary of the legislative body undertaking the proceedings a written petition for the improvements meeting the requirements of Section 2804.5.
(b) As used in this section, “substantially described” means that additional improvements of the same or similar nature may not be provided unless the estimated cost of the improvements does not exceed 10 percent of the estimated cost of the improvements provided in the former report.
(c) As used in this section, “owner of land” means only a person who, at the time the petition is filed with the clerk or secretary of the legislative body, appears to be the owner upon the assessor’s roll or, in the case of transfers of land, or parts thereof, subsequent to the date upon which the last assessor’s roll was prepared, appear to be the owner on the records in the county assessor’s office which the county assessor will use to prepare the next assessor’s roll. If any person signing the petition appears on the assessor’s roll or the records in the county assessor’s office as an owner of property as a joint tenant or tenant in common, or as a spouse, that property shall be counted as if all those persons had signed the petition.
(Amended by Stats. 2016, Ch. 50, Sec. 114. (SB 1005) Effective January 1, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2804.1.

2804.1. The provisions of clause (3) of Section 2804 shall not apply to proceedings for the financing and improvement of streets and easements initiated under a contract entered into, or proposed to be entered into, between a subdivider and a city, city and county, or county pursuant to Section 66462 of the Government Code, unless the subdivider shall submit written evidence satisfactory to the legislative body and the legislative body shall find and determine that the total estimated amount of the proposed assessment will not exceed 75 percent of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. The finding and determination of the legislative body shall be final and conclusive in the absence of fraud.
(Amended by Stats. 1976, Ch. 1079.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2804.2.

2804.2. If the proceedings are for the financing and improvement of streets and easements initiated under a contract entered into, or proposed to be entered into, between a city, city and county, or county pursuant to Section 66462 of the Government Code and lands which will be subject to assessment for the proposed improvement are encumbered or subject to any existing mortgage or deed of trust, for the purpose of clause (3) of Section 2804, “owners” shall include not only the persons specified in Section 2804 but also any mortgagee or beneficiary under any such existing mortgage or deed of trust. Upon the filing of a petition for any such improvement, the owners, as specified in Section 2804, shall furnish the clerk or secretary of the legislative body with their affidavit, and any additional evidence which the clerk or secretary may require, concerning the existence of all such mortgages or deeds of trust and the names of any mortgagees or beneficiaries thereunder.
(Amended by Stats. 1976, Ch. 1079.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2804.3.

2804.3. Notwithstanding paragraph (3) of subdivision (a) of Section 2804, this division applies to proceedings where a petition is signed by an owner of 40 percent or more in area of the property proposed to be subject to assessment, and where some or all of the other lots or parcels proposed to be subject to assessment are used primarily for residential purposes, unless the petition and waiver is also signed by owners of 50 percent in area of the property proposed to be subject to assessment which is not owned by the owner of 40 percent or more in area of the property proposed to be subject to assessment.
(Added by Stats. 1989, Ch. 1421, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2804.5.

2804.5. A petition for improvements for purposes of paragraph (3) of subdivision (a) of Section 2804 shall include, but not be limited to, all of the following:
(a) A statement, in clear and simple English, that the landowner is waiving certain rights to protest against and stop the formation of the proposed assessment district.
(b) A brief description of the proposed project.
(c) An estimate of the total cost of the proposed project to be financed by the proposed assessment district.
(Added by Stats. 1989, Ch. 1421, Sec. 3.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2805.

2805. This division shall not apply to bonds issued or to be issued to provide money with which to acquire, construct or complete any public improvement, work, or public utility, or where such bonds have been voted by a majority or two-thirds vote, as may be required by the law under which the bonds are issued or to be issued, of the qualified electors of any district or other persons entitled to vote at the election upon the proposition of issuing such bonds.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2806.

2806. This division shall not apply to any maintenance district proceedings or to any assessment levied for the maintenance of any improvements, but it shall apply to all other special assessment districts and proceedings within the scope of Section 2820, regardless of the particular law under which any such proceeding may be undertaken and regardless of whether the special assessment made will be specific or a special assessment tax upon lands wholly or partially according to the assessed value of such lands.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2808.

2808. None of the provisions of this division shall apply to proceedings heretofore or hereafter commenced for the construction or acquisition, or the construction and acquisition, of sanitary sewers, sewage disposal works, and storm water drains, including the acquisition of sewer and storm water drain rights-of-way and easements necessary in connection with such improvement, when such proceedings have been recommended by the health officer of the city or county in which such proceedings are instituted as necessary as a health measure, if such recommendation is given in writing and spread upon the minutes of the legislative body conducting such proceedings, and such necessity is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
(Amended by Stats. 1971, Ch. 1139.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2808.5.

2808.5. This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of facilities for the production, treatment, storage, and distribution of water, which supply potable water for domestic, municipal, commercial, or industrial use, including the acquisition of rights-of-way and easements necessary in connection with the facilities, when the proceedings have been recommended by the health officer of the city or county in which the proceedings are instituted as necessary as a health measure, if the recommendation is submitted in writing and included in the minutes of the legislative body conducting the proceedings, and the necessity is found to exist by a resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body, pursuant to this section, is final and conclusive upon all persons in the absence of actual fraud.
(Added by Stats. 1984, Ch. 1298, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2808.6.

2808.6. This division does not apply to proceedings, whether commenced before or after January 1, 1985, for repairing, restoring, rebuilding, rehabilitating, or modernizing existing public facilities when there are over 12 resident voters within the area proposed to be assessed and when the engineer of the jurisdiction undertaking assessment proceedings has determined that the work is necessary for reasons of public safety or to avoid substantially larger future costs due to deterioration and obsolescence of the public facilities involved. The determination shall be given in writing and included in the minutes of the legislative body conducting the assessment proceedings, and this section shall apply only if the necessity is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
(Added by Stats. 1984, Ch. 1298, Sec. 2.5.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2808.7.

2808.7. This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of flood control and drainage works, including the acquisition of rights-of-way and easements necessary in connection with those improvements, if the chief engineer of a city, county, or flood control district exercising flood control powers over the majority of the area to be protected by the proposed flood control or drainage works finds the works to be necessary to protect life and property from injury and damage from flooding as a result of a 100-year design storm and that finding is made in writing and spread upon the minutes of the legislative body conducting the proceedings, and if that necessity is also found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The finding made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
(Added by Stats. 1984, Ch. 1298, Sec. 3.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2809.

2809. As used in this division “legislative body” shall include the governing body of any district or other public corporation authorized by law to construct such public improvements.
(Added by Stats. 1941, Ch. 1070.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2810.

2810. None of the provisions of this division shall apply to proceedings hereafter commenced for the construction of sidewalks when required for the safety of pupils attending the schools, or for the construction of improvements to or traffic safety facilities for railroad crossings when required for the safety of pupils attending schools or farmworkers or other workmen, within a city or county and the necessity for such requirement is found to exist by the legislative body of such city or county conducting said proceedings, expressed by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
(Amended by Stats. 1967, Ch. 1012.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 1 - GENERAL PROVISIONS › Section 2811.

2811. This division shall not apply to the proceedings of the legislative body of any entity in granting to the legislative body of another entity the power and authority to exercise extraterritorial jurisdiction within its boundaries. However, the legislative body of the entity granted such power and authority shall comply with this division as to all property proposed to be assessed or with such provisions of Part 1 hereof as may be applicable.
(Added by Stats. 1961, Ch. 1595.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 2 - INVESTIGATION AND REPORT ON THE PROJECT › Section 2820.

2820. Before any ordinance or resolution may be adopted by the legislative body of any county, city, district or other public corporation, ordering the construction of any public improvement or the acquisition of any property for public use where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands, the proceedings required by this division shall be taken.
(Amended by Stats. 1949, Ch. 856.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 2 - INVESTIGATION AND REPORT ON THE PROJECT › Section 2821.

2821. The legislative body shall by resolution or ordinance determine in general the nature, location and extent of such proposed improvement or acquisition. Reference may be made to one or more plans, specifications or plats for such descriptions and for all particulars relative thereto, which plans, specifications or plats shall be on file with the clerk of the legislative body and open to inspection.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 2 - INVESTIGATION AND REPORT ON THE PROJECT › Section 2822.

2822. The legislative body shall also generally define the boundaries or extent of the district or lands to be specially assessed to pay all or any part of the cost of the proposed improvement or acquisition.
The district may be described by:
(a) Stating the exterior boundaries thereof, or
(b) Giving a description thereof according to any official or recorded map or maps, or
(c) Referring to a plat or map on file in the office of the clerk of the legislative body which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 2 - INVESTIGATION AND REPORT ON THE PROJECT › Section 2823.

2823. The legislative body shall also determine the amount or percentage, if any, proposed to be paid toward the cost of such improvement or acquisition from any source other than special assessments upon benefited property, and shall determine the law under which the proceedings are to be conducted.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 4 - THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 › PART 2 - INVESTIGATION AND REPORT ON THE PROJECT › Section 2824.

2824. The legislative body shall cause a written report upon the proposed improvement or acquisition to be prepared for it. The legislative body of a county may require the county surveyor or the county road commissioner to procure the required information and prepare the report, and the legislative body of a city may require the city engineer or the superintendent of streets to procure the required information and prepare the report. In lieu of the county surveyor, county road commissioner, city engineer or superintendent of streets, the legislative body of the city or county may employ any competent person to procure such information and prepare the report. The person required to prepare the report shall complete and file the same with the legislative body within one year from the date such person is directed to prepare the report.
(Amended by Stats. 1951, Ch. 1324.)