California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 6 - Construction Financing Program › Article 3 - Application to Participate in Construction Financing Programs › Section 1752 - Ground Lease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 ground lease between the participating county and CDCR for Phase I and Phase
					 II, and BSCC or CDCR for Adult Local Criminal Justice Facilities, with Board
					 consent, will be entered into after the county has entered into the project
					 delivery and construction agreement and the Board has determined the site is
					 adequate for purposes of financing in accordance with Government Code Sections
					 15820.901,
					 15820.911,
					 15820.92,
					 15820.930
					 and
					 15820.940.
(b) An easement (documented in a separate
					 easement agreement) over adjacent county property for project access, utilities
					 and repairs may also be required at the time the ground lease is
					 initiated.
(c) Attached to the
					 ground lease will be a legal description of the site.
(d) The ground lease shall not be terminated
					 as long as the lease-revenue bonds are outstanding, even in the event of
					 default.
1. New
						section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No.
						6). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-14-2008 as an emergency; operative
						7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 7-14-2008 order, including
						amendment of subsection (a), transmitted to OAL 10-14-2008 and filed 11-26-2008
						(Register 2008, No. 48).
4. Amendment of subsection (b) filed
						11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency
						language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 11-22-2010 order transmitted
						to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6.
						Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency
						language will be repealed by operation of law on the following
						day.
7. Amendment refiled 6-26-2012 as an emergency; operative
						6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be
						transmitted to OAL by 9-24-2012 or emergency language will be repealed by
						operation of law on the following day.
8. Certificate of Compliance
						as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012
						(Register 2012, No. 39).
9. Amendment of subsection (a) and NOTE
						filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A
						Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency
						language will be repealed by operation of law on the following
						day.
10. Amendment of subsection (a) and NOTE refiled 7-7-2014 as an
						emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of
						Compliance must be transmitted to OAL by 10-6-2014 or emergency language will
						be repealed by operation of law on the following day.
11.
						Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and
						filed 11-6-2014 (Register 2014, No. 45).
12. Amendment of subsection
						(a) and NOTE filed 6-18-2015 as an emergency; operative 6-18-2015 (Register
						2015, No. 25). A Certificate of Compliance must be transmitted to OAL by
						12-15-2015 or emergency language will be repealed by operation of law on the
						following day.
13. Certificate of Compliance as to 6-18-2015 order
						transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No.
						52).
14. Amendment of NOTE filed 12-29-2016 as an emergency;
						operative 12-29-2016 (Register 2016, No. 53). A Certificate of Compliance must
						be transmitted to OAL by 6-27-2017 or emergency language will be repealed by
						operation of law on the following day.
15. Amendment of NOTE refiled
						6-28-2017 as an emergency; operative 6-28-2017 (Register 2017, No. 26). A
						Certificate of Compliance must be transmitted to OAL by 9-26-2017 or emergency
						language will be repealed by operation of law on the following
						day.
16. Certificate of Compliance as to 6-28-2017 order, including
						amendment of subsection (a), transmitted to OAL 9-22-2017 and filed 11-3-2017;
						amendments operative 11-3-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 44).
Note: Authority cited: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code; and Section
						  6030, Penal
						  Code. Reference: Sections
						  15820.901,
						  15820.905,
						  15820.906,
						  15820.915,
						  15820.92,
						  15820.924,
						  15820.930,
						  15820.934,
						  15820.940
						  and
						  15820.944,
						  Government Code.