DIVISION 27. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY ACT [44500. - 44563.]
Division 27 repealed (comm. with Section 39600) and added by Stats. 1975, Ch. 957.
§§ 44500–44563 · 75 sections
CHAPTER 1. California Pollution Control Financing Authority §§ 44500–44559.14 · 71 sections
ARTICLE 1. General Provisions and Definitions §§ 44500–44512 · 14 sections
- § 44500 This division may be cited as the Capital Programs and Climate Financing Authority Act.
- § 44501 The Legislature finds and declares all of the following: (a) It is necessary and essential that the state, in cooperation with the federal government, use all…
- § 44502 It is the purpose of this division to carry out and make effective the findings of the Legislature and to that end to do all of the following, to the mutual…
- § 44503 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 44504 “Authority” means the Capital Programs and Climate Financing Authority established pursuant to Section 44515 and any board, commission, department, or officer…
- § 44504.1 “Brownfield site” means a real estate parcel or improvements located on the parcel, or both that parcel and the improvements, which is abandoned, idled, or…
- § 44505 “Cost” as applied to a project or portion thereof financed under the provisions of this division embraced all or any part of the cost of construction and…
- § 44506 “Participating party” means any person, company, corporation, public agency, partnership, firm, or other entity or group of entities engaged in operations…
- § 44507 “Pollution” means an alteration of the quality of the environment of the state and shall be determined by the various standards prescribed from time to time by…
- § 44508 “Project” and “pollution control facility,” respectively, mean any land, building, structure, improvement thereto, work, real or personal property, vehicle, or…
- § 44509 “Public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political…
- § 44510 “Revenues” means all rents, receipts, purchase payments and all other income or receipts derived by the authority from the sale, lease, or other disposition of…
- § 44511 “Renewable energy resource device” means any device, or any combination of devices, which produces heat, process heat, space heating, water heating, steam,…
- § 44512 “Energy conservation program” means any program which utilizes techniques or devices including, but not limited to, cogeneration, waste heat recovery systems,…
ARTICLE 2. Organization of Authority §§ 44515–44522 · 8 sections
- § 44515 There is in the state government the Capital Programs and Climate Financing Authority. The authority constitutes a public instrumentality and a political…
- § 44516 All members of the authority shall serve thereon without compensation as members of the authority.
- § 44517 The authority shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed…
- § 44518 The authority shall maintain an office in the City of Sacramento.
- § 44519 The authority may employ an executive director and any other persons as are necessary to enable it properly to perform the duties imposed upon it by this…
- § 44520 (a) The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all…
- § 44521 (a) The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General, the authority may employ such legal…
- § 44522 The authority is authorized and empowered: (a) To adopt an official seal. (b) To sue and be sued in its own name. (c) To do all things generally necessary or…
ARTICLE 3. Projects §§ 44525–44526 · 3 sections
- § 44525 The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing…
- § 44525.7 Commencing in 2002, and annually thereafter, the authority shall submit a report to the Legislature regarding the program described in subdivision (h) of… see note
- § 44526 The authority is authorized to do any of the following: (a) To determine the location and character of any project to be financed under the provisions of this…
ARTICLE 4. General Powers and Duties §§ 44530–44539 · 9 sections
- § 44530 All expenses incurred in carrying out the provisions of this division shall be payable solely from funds provided under the authority of this division and no…
- § 44531 (a) All projects shall be constructed or completed subject to the rules and regulations of the authority. (b) The authority is authorized to acquire, by deed,…
- § 44532 When the principal of and interest on bonds of the authority issued to finance or refund the cost of a particular project for a participating party shall have…
- § 44534 (a) The authority shall take initial action on any completed application for financing submitted to it by a participating party no later than the next meeting…
- § 44536 The authority may approve financing for a pollution control facility, or equipment for a facility, that is not owned by the applicant if the facility or…
- § 44537 The authority shall take all reasonable steps to publicize its programs so that eligible applicants may be aware of them.
- § 44537.5 The authority shall provide the maximum opportunity for the use of the authority’s financing by individuals, businesses engaged in agricultural operations, and…
- § 44538 The authority, no later than March 31 of each year, shall submit to the Legislature and to the Treasurer a report of its activities for the preceding calendar…
- § 44539 An applicant for financing for a project involving a waste water treatment plan shall provide evidence satisfactory to the State Water Resources Control Board…
ARTICLE 5. Bonds and Notes §§ 44540–44549 · 8 sections
- § 44540 The authority is authorized to incur indebtedness and to issue securities of any kind or class, and to renew the same, provided that all such indebtedness,…
- § 44541 At such times as the authority desires to issue bonds, as defined in Section 44542, it shall adopt a resolution specifying the total amount of such bonds…
- § 44542 (a) (1) The authority is authorized from time to time to issue its negotiable bonds, notes, debentures, or other securities (hereinafter collectively called…
- § 44543 (a) In the discretion of the authority, any bonds issued under the provisions of this division may be secured by a trust agreement by and between the authority…
- § 44544 Bonds issued under the provisions of this division shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof,…
- § 44545 (a) The authority may provide for the issuance of bonds of the authority for the purpose of refunding, directly or indirectly, any bonds, notes, or other…
- § 44548 (a) (1) Subject to any prior contractual obligations to any of its bondholders, the authority may establish one or more small business assistance funds in…
- § 44549 Any funds of the authority, including proceeds from the sale of bonds or notes issued after the effective date of this section, money set aside for the…
ARTICLE 6. Construction and Leases of Facilities §§ 44550–44557 · 9 sections
- § 44550 The authority may contract with any participating party for the construction or acquisition of a project by the participating party. All contracts for the…
- § 44551 The authority may, as lessor or lessee, enter into leases and agreements with any participating party relating to the acquisition, construction, and…
- § 44552 The authority may enter into contracts of sale with any participating party covering any project financed by the authority. The purchase price pursuant to such…
- § 44552.5 (a) As an alternative to leasing or selling a project to a participating party, the authority may finance the acquisition, construction, or installation of a…
- § 44553 All moneys received pursuant to the provisions of this division, whether as proceeds from the sale of bonds, notes, or other evidences of indebtedness or as…
- § 44554 Any holder of bonds, notes, or other obligations issued under the provisions of this division, and the trustee or trustees under any trust agreement, except to…
- § 44555 The exercise of the powers granted by this division shall be in all respects for the benefit of the people of this state, for their health and welfare, and…
- § 44556 The authority shall not be required to pay any property taxes or assessments upon, or in respect to, a project or any property acquired by or for the authority…
- § 44557 Subject to Section 44562, the existence of the authority may be terminated at any time by the Legislature. Upon dissolution of the authority, the title to all…
ARTICLE 7. California Investment and Innovation Program §§ 44558–44558.5 · 6 sections
- § 44558 For purposes of this article: (a) “Administration expenses” means the reasonable and necessary expenses incurred by the authority in the administration of this…
- § 44558.1 (a) (1) The authority shall establish the California Investment and Innovation Program for the purpose of providing grants to enhance the capacity of community…
- § 44558.2 (a) When funding is available, the authority shall make the funding available to eligible applicants selected by the authority to participate in the program.…
- § 44558.3 (a) Prior to receiving any grant funds under this program, an applicant selected by the authority to participate in the program shall enter into a grant…
- § 44558.4 (a) Notwithstanding any other law, including subdivision (a) of Section 44520, the authority may adopt, amend, or repeal rules and regulations for the…
- § 44558.5 (a) The authority shall adopt guidelines for annual reporting by grantees that do all of the following: (1) Provide a description of the grantee’s overall…
ARTICLE 8. Capital Access Loan Program for Small Businesses §§ 44559–44559.14 · 14 sections
- § 44559 (a) The Legislature finds and declares that small businesses are responsible for a significant amount of environmental emissions in the state, but are less…
- § 44559.1 As used in this article, unless the context requires otherwise, all of the following terms have the following meanings: (a) “Authority” means the Capital…
- § 44559.2 (a) The authority may contract with any financial institution for the purpose of allowing the financial institution to participate in the Capital Access Loan…
- § 44559.3 (a) The authority shall establish a loss reserve account for each financial institution with which the authority makes a contract. (b) The loss reserve account…
- § 44559.4 (a) If a financial institution that is participating in the Capital Access Loan Program established pursuant to this article decides to enroll a qualified loan…
- § 44559.5 (a) The authority shall establish procedures under which financial institutions participating in the program established pursuant to this article may submit…
- § 44559.6 The authority shall annually prepare a report to the Governor and the Legislature that describes the financial condition and programmatic results of the…
- § 44559.7 The authority may enter into agreements with commercial banks or other financial institutions, or with other agencies of the state, to provide necessary…
- § 44559.8 Notwithstanding this article, the authority may facilitate the development of a secondary market for a loan enrolled in the capital access loan program by…
- § 44559.9 The authority shall expand the Capital Access Loan Program established by this article to include outreach to financial institutions that service agricultural…
- § 44559.11 (a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by…
- § 44559.12 (a) Consistent with subdivision (b) of Section 44559.11, the authority may establish loss reserve accounts for the purposes of financing terminal rental…
- § 44559.13 (a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Act Small Business Capital Access Loan…
- § 44559.14 (a) (1) It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and…
CHAPTER 2. Supplemental Provisions §§ 44560–44563 · 4 sections
- § 44560 This division, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
- § 44561 (a) This division provides a complete, additional, and alternative method for the doing of the things authorized by this division, and is supplemental and…
- § 44562 The State of California does hereby pledge to and agree with the holders of any obligations issued under this division, and with those parties who may enter…
- § 44563 To the extent that the provisions of this division, with respect to the financing of pollution control facilities, are inconsistent with the provisions of any…