DIVISION 6. HARBORS AND PORTS [1690. - 3980.]
Division 6 enacted by Stats. 1937, Ch. 368.
§§ 1690–3980 · 73 sections
PART 1. PORT INFRASTRUCTURE FINANCING §§ 1690–1719 · 27 sections
CHAPTER 1. Findings and Definitions §§ 1690–1699 · 10 sections
ARTICLE 1. Legislative Findings § 1690 · 1 section
- § 1690 The Legislature finds and declares all of the following: (a) The state has a compelling interest in the success of its ports and harbors because they provide…
ARTICLE 2. Definitions §§ 1691–1699 · 9 sections
- § 1691 The definitions in this article govern the construction of this part.
- § 1692 “Authority” means a joint powers entity or nonprofit public benefit corporation created in accordance with Section 1700.
- § 1693 “Bonds” means bonds, notes, bond anticipation notes, commercial paper, or other evidences of indebtedness or lease, installment sale, or other agreements or…
- § 1694 “Harbor agency” means any state or local agency, city, county, city and county, harbor district, port district, harbor improvement district, river port…
- § 1695 “Infrastructure fund” means a port or harbor infrastructure fund established by an authority pursuant to Section 1700.
- § 1696 “Joint powers laws” means Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
- § 1697 “Member” means any harbor agency that is party to an agreement establishing an authority pursuant to Section 1700.
- § 1698 (a) “Port or harbor infrastructure” means any of the following, if its primary or predominant use is of direct benefit to the port or harbor: (1) Streets,…
- § 1699 “Seaport infrastructure financing district” means an enhanced infrastructure financing district that finances port or harbor infrastructure created in…
CHAPTER 2. Formation and Powers of an Authority §§ 1700–1706 · 7 sections
- § 1700 (a) Any two or more harbor agencies may, pursuant to the joint powers law, establish an authority, separate from the parties to the agreement, for the purpose,…
- § 1701 An authority established pursuant to Section 1700 shall deposit into an infrastructure fund established by the authority all of the following: (a) Any federal,…
- § 1702 An authority may establish one or more subaccounts within the infrastructure fund, and may treat each subaccount as separate and distinct. Money in the…
- § 1703 Subject to the terms and conditions determined by an authority that establishes an infrastructure fund, including, but not limited to, any terms and conditions…
- § 1704 In addition to any purpose authorized under the joint powers law for which bonds may be issued, an authority may issue bonds in the manner set forth in Article…
- § 1705 Exclusively for purposes of securing the financing of port or harbor infrastructure, any harbor agency may borrow funds from, or otherwise secure financing…
- § 1706 (a) Before any public funds are allocated pursuant to this part for a privately owned port or harbor infrastructure, as specified in subdivision (b) of Section…
CHAPTER 3. Seaport Infrastructure Financing Districts §§ 1710–1719 · 10 sections
- § 1710 The Legislature finds and declares all of the following: (a) In addition to the findings and declarations in Section 53398.50 of the Government Code, the…
- § 1711 As used in this chapter, “public financing authority” has the same meaning as provided in Section 53398.51 of the Government Code.
- § 1712 When designated by the legislative body pursuant to Section 53398.62 of the Government Code, the harbor agency shall prepare a proposed infrastructure…
- § 1713 (a) Upon receipt of a resolution from the public financing authority promulgated under subdivision (a) of Section 53398.80.5 of the Government Code, the harbor…
- § 1714 (a) Upon receipt of a preliminary approval from a harbor agency granted pursuant to Section 1713, the State Lands Commission shall consider the proposal and…
- § 1715 (a) Except as provided in subdivision (b), Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5 of the Government Code shall…
- § 1716 All permanent fixtures and capital improvements to the real property of a harbor agency that administers public trust tidelands made pursuant to a seaport…
- § 1717 If a harbor agency administering granted public trust property is a department of a local governmental body, any negotiations between the two entities with…
- § 1718 (a) Pursuant to Section 6009 of the Public Resources Code, the State Lands Commission shall retain absolute discretion over the determination of whether or not…
- § 1719 This chapter shall not apply to the Stockton Port District, as established pursuant to Part 4 (commencing with Section 6200) of Division 8, or to a river port…
PART 2. HARBORS AND PORTS MITIGATION PROJECTS §§ 1720–1770 · 6 sections
CHAPTER 1. Port Facility Construction §§ 1720–1730 · 2 sections
- § 1720 Any public agency with authority to approve or deny port projects that result in the filling of subtidal habitats within the ocean ports of California or…
- § 1730 (a) For purposes of this section, “council” means the California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine…
CHAPTER 2. Port Congestion Relief and Port Mitigation Relief §§ 1740–1770 · 4 sections
- § 1740 The Legislature hereby finds and declares all of the following: (a) The Ports of Long Beach, Los Angeles, and Oakland operate in unique communities,…
- § 1750 (a) Beginning January 1, 2012, the Port of Long Beach shall assess its infrastructure and air quality improvement needs. (b) The port, when assessing…
- § 1760 (a) Beginning January 1, 2012, the Port of Los Angeles shall assess its infrastructure and air quality improvement needs. (b) The port, when assessing…
- § 1770 (a) Beginning January 1, 2012, the Port of Oakland shall assess its infrastructure and air quality improvement needs. (b) The port, when assessing…
PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 §§ 3900–3953 · 39 sections
CHAPTER 1. General Provisions §§ 3900–3928 · 32 sections
- § 3900 This part may be cited as the Harbor Development Bond Law of 1958.
- § 3901 As used in this chapter the following words shall have the following meanings: (a) “Committee” means the Harbor Improvement Bond Committee. (b) “Authority”…
- § 3902 The following funds are created in the State Treasury for the purposes of this part: (a) Harbor Bond Sinking Fund. (b) Fifth San Francisco Seawall Fund. (c)…
- § 3903 There is in the State Government the Harbor Improvement Bond Committee. The committee shall consist of the State Controller, the State Treasurer, and the…
- § 3904 The members of the committee shall not receive additional compensation for their services under this part.
- § 3905 For the purpose of creating funds to provide for the construction, improvement and development of harbors in this State as provided in this part, the Harbor…
- § 3906 After adoption of any resolution by the committee, provided for in Section 3907, the State Treasurer shall arrange for the preparation of the requisite number…
- § 3907 Whenever the authority pursuant to Section 3940 or the commission pursuant to Section 3950 determines by resolution that a bond issue under this part is…
- § 3908 The aggregate par value of all bonds issued under this part at the instance of the authority shall not exceed fifty million dollars ($50,000,000) and the…
- § 3909 All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and shall be endorsed…
- § 3910 All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations…
- § 3911 In determining the dates of maturity of the bonds, and the amount thereof to mature at each date of maturity, the committee shall be guided, so far as it may…
- § 3912 The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue, series or division and shall be the rate or rates fixed and…
- § 3913 Both principal of and interest on the bonds shall be payable in lawful money of the United States, at the Office of the State Treasurer, or at the office of…
- § 3914 Each bond shall contain a reference to this part and if subject to call or redemption prior to maturity, a recital to that effect.
- § 3915 The bonds authorized to be issued under this part shall be sold by the State Treasurer to the highest bidder for cash, either at public auction or upon sealed…
- § 3916 Due notice of the time and place of sale of all bonds shall be given by the State Treasurer by publication in one newspaper published in the City and County of…
- § 3916.5 The sum of seventy-five thousand dollars ($75,000) is hereby appropriated out of the General Fund to be used as a revolving fund to pay the expenses incurred…
- § 3917 The committee may provide for the issuance, sale or exchange of refunding bonds out of the bonds issued under this part for the purpose of redeeming or…
- § 3918 For the payment of the principal and interest of the bonds the Harbor Bond Sinking Fund shall consist of the following: (a) Payments from any available moneys…
- § 3918.5 (a) A separate account shall be established in the Harbor Bond Sinking Fund, in which shall be deposited all money paid into such fund from the San Francisco…
- § 3919 The State Treasurer shall on Controller’s warrants duly drawn for that purpose, invest the moneys in the Harbor Bond Sinking Fund in the purchase of the bonds…
- § 3919.3 The authority is authorized with the approval of the Department of Finance, to invest any surplus moneys in the Fifth San Francisco Seawall Fund in bonds or…
- § 3920 Whenever the committee deems that it will increase the salability or the price of the bonds to obtain, prior to or after sale, a legal opinion, other than that…
- § 3921 The State Treasurer directly or through a state fiscal agent, or agents, shall, on the respective dates of maturity of all bonds, or on the date fixed for the…
- § 3922 Upon the payment of any such bond or coupon, the State Treasurer, or such state fiscal agent, or agents, shall perforate the same with a suitable device in a…
- § 3923 The State Treasurer, or such state fiscal agent, or agents, with the approval of the State Treasurer, may destroy or cremate any or all bonds and any or all…
- § 3924 It shall be the duty of the State Treasurer to pay the interest of said bonds, when the same falls due, out of the moneys provided for in this part, on…
- § 3925 All bonds issued under this part and sold shall be deemed to have been called in at their respective dates of maturity and the State Treasurer shall, on the…
- § 3926 Whenever the committee shall determine that any bonds then outstanding, and which by their terms are subject to redemption prior to maturity, should be…
- § 3927 The State Controller and the State Treasurer shall keep full and particular account and record of all their proceedings under this part, and they shall…
- § 3928 All money remaining in the account of the Harbor Bond Sinking Fund, established pursuant to subdivision (a) of Section 3918.5, after the principal of and…
CHAPTER 2. San Francisco Harbor §§ 3940–3942 · 3 sections
- § 3940 Whenever the authority determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to…
- § 3941 The authority may make improvements or purchases specified in Section 3940 and expend from the Fifth San Francisco Seawall Fund, in the manner authorized by…
- § 3942 The authority shall make payments from the San Francisco Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918.
CHAPTER 3. Small Craft Harbors §§ 3950–3953 · 4 sections
- § 3950 Whenever the commission determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to…
- § 3951 The commission may expend from the Small Craft Harbor Bond Fund in the manner authorized by law any and all funds therein derived from the sale of bonds as…
- § 3952 All money received by the commission in repayment of the principal and interest of any loan made from funds secured under this part shall be paid into the…
- § 3953 The commission shall make payments from the Small Craft Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918.
PART 6. Emergency Response and Evacuation § 3980 · 1 section
- § 3980 Local, regional, and statewide agencies responsible for emergency preparation and response activities shall work with all harbor agencies, as defined in…