12885. The department is authorized to make state loans to public
agencies for the construction of projects from moneys available for
such loans. Loans in excess of four million dollars ($4,000,000) for
any one project may be made by the department only upon specific
approval of the Legislature, by an act enacted after the receipt of
copies of the project report filed pursuant to Section 12882. 4 and
upon such additional terms and conditions as the Legislature may
prescribe.
12885.1. Loans may be made only for projects primarily for
domestic, municipal, agricultural, industrial, recreation, or fish
and wildlife enhancement purposes. Such loans may be made for all or
any part of the construction cost of any such project but in no event
shall any such loan be in an amount which is greater than the
portion of the construction cost of the project which the department
finds to be beyond the reasonable ability of the public agency to
finance from other sources. Such loans shall be repayable over a
period not to exceed 50 years. A period of development of not
exceeding 10 years may be allowed in addition to such maximum 50-year
repayment period, during which no payments on the principal of or
the interest on such a loan shall be required, when in the department'
s judgment such development period is justified under the
circumstances. If the payment of interest is deferred pursuant to
this section, no interest shall be charged on the interest amounts
for which payment is deferred. The accrued interest may, at the
option of the public agency, be paid in annual installments during
the remainder of the loan repayment period.
12885.2. The department is authorized to make state loans to public
agencies for the acquisition of interests in lands that are
necessary for the construction, operation, or maintenance of proposed
projects that would meet water needs of the public agencies. Such
loans may be made separate and apart from loans that may be made
under this chapter for the construction of proposed projects by
public agencies.
The making of each loan pursuant to this section shall be subject
to the following conditions:
(a) The loan may be made for all or any part of the cost of
acquiring interests in lands for a proposed project but in no event
shall any such loan be in an amount which is greater than the portion
of such cost which the department finds to be beyond the reasonable
ability of the public agency to finance from other sources.
(b) The loan shall not exceed four hundred thousand dollars
($400,000) for any one project. A loan in excess of that amount for
any one project may be made by the department only upon specific
approval of the Legislature, by act enacted after the receipt of
copies of the project report filed pursuant to Section 12882.4 and
upon such additional terms and conditions as the Legislature may
prescribe.
(c) Each loan is subject to the provisions of Article 9
(commencing with Section 12889) of this chapter.
12885.3. Each loan that is made pursuant to Section 12885.2 shall
be repayable with interest upon the same terms as are applicable to
construction loans that are made pursuant to this chapter, as set
forth in Sections 12885.1 and 12885.8, except that each contract
which the department enters into for a loan under this article shall
provide for the sale of the interests in lands that are acquired with
the loan if, in the department's determination, the construction of
the proposed project has not commenced within a period of 10 years
from the date of the first disbursement of loan funds under the
contract or within any extension of said period that the department
may allow shall provide that, under that eventuality, such interests
in lands shall be offered for sale within six months from the
termination of such 10-year period or of any extension thereof, and
shall provide that the proceeds of the sale shall be applied toward
the repayment of the principal amount of the loan and toward the
payment of the accrued interest thereon. Any remaining proceeds,
after deducting administrative costs of the public agency in the
purchase and sale of the interests in lands shall be repaid to the
state.
12885.4. Notwithstanding any provision of law to the contrary, any
land acquired with a loan made pursuant to this chapter, which land
is located outside the boundaries of the public agency acquiring the
land and which was subject to taxation at the time of acquisition
thereof, shall remain subject to taxation.
12885.5. In furtherance of the policy set forth in Section 12881.4,
no funds shall be loaned for either irrigation distribution system
projects or municipal distribution system projects, except in cases
which, in the judgment of the department and the commission, involve
extreme hardship which jeopardizes the public health, safety or
welfare. Distribution facilities which are a necessary and integral
part of an overall water development project may be covered by a
state loan.
12885.6. The department is authorized to make state loans to public
agencies for the preparation of feasibility reports on proposed
projects, from any moneys available for such loans, in an amount for
any one feasibility report on a proposed project not exceeding 2
percent of the estimated cost of the proposed project or fifty
thousand dollars ($50,000), whichever is less; provided, that only
one such loan may be made to a public agency in relation to any one
proposed project. A loan in excess of said amount for any one
feasibility report may be made by the department only upon
authorization by the Legislature and upon such additional terms and
conditions as the Legislature may prescribe.
12885.7. Loans may be made for all or any part of the cost of the
preparation of proposed feasibility reports on proposed projects, but
in no event shall any such loan be in an amount which is greater
than the portion of the cost of the preparation of the proposed
feasibility report which the department finds to be beyond the
reasonable ability of the public agency to finance from other
sources. Such loans shall be repayable over a period not to exceed 10
years.
12885.8. The department shall require the payment of interest on
each loan that is made pursuant to this chapter after the effective
date of the 1967 act amending this section, at a rate of 2 1/2
percent per annum.
12885.9. The department, without the prior approval of the
California Water Commission, is authorized during the calendar years
1976, 1977, and 1978 to make loans in amounts not to exceed two
hundred thousand dollars ($200,000) to public agencies to provide
emergency facilities needed to maintain water supplies in order to
relieve drought situations. Such loans shall be repayable over a
period of not to exceed 10 years and shall be repayable with interest
at the rate specified in Section 12885.8.
Loans may be made pursuant to this section only if no other funds
are reasonably available for meeting the emergency and all other
sources of emergency funding have been exhausted. Such loans may be
made only to public agencies having the financial ability to repay
and serving an area with a population of 200,000 or less.
The Legislature finds that public agencies serving areas with a
population of over 200,000 are able financially to relieve drought
situations without assistance from the state. Notwithstanding any
statutory limitations on its existing powers and except as restricted
by the California Constitution, any public agency is authorized,
without an election, to borrow and expend funds pursuant to this
section to relieve water shortage emergencies within its boundaries.
12885. The department is authorized to make state loans to public
agencies for the construction of projects from moneys available for
such loans. Loans in excess of four million dollars ($4,000,000) for
any one project may be made by the department only upon specific
approval of the Legislature, by an act enacted after the receipt of
copies of the project report filed pursuant to Section 12882. 4 and
upon such additional terms and conditions as the Legislature may
prescribe.
12885.1. Loans may be made only for projects primarily for
domestic, municipal, agricultural, industrial, recreation, or fish
and wildlife enhancement purposes. Such loans may be made for all or
any part of the construction cost of any such project but in no event
shall any such loan be in an amount which is greater than the
portion of the construction cost of the project which the department
finds to be beyond the reasonable ability of the public agency to
finance from other sources. Such loans shall be repayable over a
period not to exceed 50 years. A period of development of not
exceeding 10 years may be allowed in addition to such maximum 50-year
repayment period, during which no payments on the principal of or
the interest on such a loan shall be required, when in the department'
s judgment such development period is justified under the
circumstances. If the payment of interest is deferred pursuant to
this section, no interest shall be charged on the interest amounts
for which payment is deferred. The accrued interest may, at the
option of the public agency, be paid in annual installments during
the remainder of the loan repayment period.
12885.2. The department is authorized to make state loans to public
agencies for the acquisition of interests in lands that are
necessary for the construction, operation, or maintenance of proposed
projects that would meet water needs of the public agencies. Such
loans may be made separate and apart from loans that may be made
under this chapter for the construction of proposed projects by
public agencies.
The making of each loan pursuant to this section shall be subject
to the following conditions:
(a) The loan may be made for all or any part of the cost of
acquiring interests in lands for a proposed project but in no event
shall any such loan be in an amount which is greater than the portion
of such cost which the department finds to be beyond the reasonable
ability of the public agency to finance from other sources.
(b) The loan shall not exceed four hundred thousand dollars
($400,000) for any one project. A loan in excess of that amount for
any one project may be made by the department only upon specific
approval of the Legislature, by act enacted after the receipt of
copies of the project report filed pursuant to Section 12882.4 and
upon such additional terms and conditions as the Legislature may
prescribe.
(c) Each loan is subject to the provisions of Article 9
(commencing with Section 12889) of this chapter.
12885.3. Each loan that is made pursuant to Section 12885.2 shall
be repayable with interest upon the same terms as are applicable to
construction loans that are made pursuant to this chapter, as set
forth in Sections 12885.1 and 12885.8, except that each contract
which the department enters into for a loan under this article shall
provide for the sale of the interests in lands that are acquired with
the loan if, in the department's determination, the construction of
the proposed project has not commenced within a period of 10 years
from the date of the first disbursement of loan funds under the
contract or within any extension of said period that the department
may allow shall provide that, under that eventuality, such interests
in lands shall be offered for sale within six months from the
termination of such 10-year period or of any extension thereof, and
shall provide that the proceeds of the sale shall be applied toward
the repayment of the principal amount of the loan and toward the
payment of the accrued interest thereon. Any remaining proceeds,
after deducting administrative costs of the public agency in the
purchase and sale of the interests in lands shall be repaid to the
state.
12885.4. Notwithstanding any provision of law to the contrary, any
land acquired with a loan made pursuant to this chapter, which land
is located outside the boundaries of the public agency acquiring the
land and which was subject to taxation at the time of acquisition
thereof, shall remain subject to taxation.
12885.5. In furtherance of the policy set forth in Section 12881.4,
no funds shall be loaned for either irrigation distribution system
projects or municipal distribution system projects, except in cases
which, in the judgment of the department and the commission, involve
extreme hardship which jeopardizes the public health, safety or
welfare. Distribution facilities which are a necessary and integral
part of an overall water development project may be covered by a
state loan.
12885.6. The department is authorized to make state loans to public
agencies for the preparation of feasibility reports on proposed
projects, from any moneys available for such loans, in an amount for
any one feasibility report on a proposed project not exceeding 2
percent of the estimated cost of the proposed project or fifty
thousand dollars ($50,000), whichever is less; provided, that only
one such loan may be made to a public agency in relation to any one
proposed project. A loan in excess of said amount for any one
feasibility report may be made by the department only upon
authorization by the Legislature and upon such additional terms and
conditions as the Legislature may prescribe.
12885.7. Loans may be made for all or any part of the cost of the
preparation of proposed feasibility reports on proposed projects, but
in no event shall any such loan be in an amount which is greater
than the portion of the cost of the preparation of the proposed
feasibility report which the department finds to be beyond the
reasonable ability of the public agency to finance from other
sources. Such loans shall be repayable over a period not to exceed 10
years.
12885.8. The department shall require the payment of interest on
each loan that is made pursuant to this chapter after the effective
date of the 1967 act amending this section, at a rate of 2 1/2
percent per annum.
12885.9. The department, without the prior approval of the
California Water Commission, is authorized during the calendar years
1976, 1977, and 1978 to make loans in amounts not to exceed two
hundred thousand dollars ($200,000) to public agencies to provide
emergency facilities needed to maintain water supplies in order to
relieve drought situations. Such loans shall be repayable over a
period of not to exceed 10 years and shall be repayable with interest
at the rate specified in Section 12885.8.
Loans may be made pursuant to this section only if no other funds
are reasonably available for meeting the emergency and all other
sources of emergency funding have been exhausted. Such loans may be
made only to public agencies having the financial ability to repay
and serving an area with a population of 200,000 or less.
The Legislature finds that public agencies serving areas with a
population of over 200,000 are able financially to relieve drought
situations without assistance from the state. Notwithstanding any
statutory limitations on its existing powers and except as restricted
by the California Constitution, any public agency is authorized,
without an election, to borrow and expend funds pursuant to this
section to relieve water shortage emergencies within its boundaries.
12885. The department is authorized to make state loans to public
agencies for the construction of projects from moneys available for
such loans. Loans in excess of four million dollars ($4,000,000) for
any one project may be made by the department only upon specific
approval of the Legislature, by an act enacted after the receipt of
copies of the project report filed pursuant to Section 12882. 4 and
upon such additional terms and conditions as the Legislature may
prescribe.
12885.1. Loans may be made only for projects primarily for
domestic, municipal, agricultural, industrial, recreation, or fish
and wildlife enhancement purposes. Such loans may be made for all or
any part of the construction cost of any such project but in no event
shall any such loan be in an amount which is greater than the
portion of the construction cost of the project which the department
finds to be beyond the reasonable ability of the public agency to
finance from other sources. Such loans shall be repayable over a
period not to exceed 50 years. A period of development of not
exceeding 10 years may be allowed in addition to such maximum 50-year
repayment period, during which no payments on the principal of or
the interest on such a loan shall be required, when in the department'
s judgment such development period is justified under the
circumstances. If the payment of interest is deferred pursuant to
this section, no interest shall be charged on the interest amounts
for which payment is deferred. The accrued interest may, at the
option of the public agency, be paid in annual installments during
the remainder of the loan repayment period.
12885.2. The department is authorized to make state loans to public
agencies for the acquisition of interests in lands that are
necessary for the construction, operation, or maintenance of proposed
projects that would meet water needs of the public agencies. Such
loans may be made separate and apart from loans that may be made
under this chapter for the construction of proposed projects by
public agencies.
The making of each loan pursuant to this section shall be subject
to the following conditions:
(a) The loan may be made for all or any part of the cost of
acquiring interests in lands for a proposed project but in no event
shall any such loan be in an amount which is greater than the portion
of such cost which the department finds to be beyond the reasonable
ability of the public agency to finance from other sources.
(b) The loan shall not exceed four hundred thousand dollars
($400,000) for any one project. A loan in excess of that amount for
any one project may be made by the department only upon specific
approval of the Legislature, by act enacted after the receipt of
copies of the project report filed pursuant to Section 12882.4 and
upon such additional terms and conditions as the Legislature may
prescribe.
(c) Each loan is subject to the provisions of Article 9
(commencing with Section 12889) of this chapter.
12885.3. Each loan that is made pursuant to Section 12885.2 shall
be repayable with interest upon the same terms as are applicable to
construction loans that are made pursuant to this chapter, as set
forth in Sections 12885.1 and 12885.8, except that each contract
which the department enters into for a loan under this article shall
provide for the sale of the interests in lands that are acquired with
the loan if, in the department's determination, the construction of
the proposed project has not commenced within a period of 10 years
from the date of the first disbursement of loan funds under the
contract or within any extension of said period that the department
may allow shall provide that, under that eventuality, such interests
in lands shall be offered for sale within six months from the
termination of such 10-year period or of any extension thereof, and
shall provide that the proceeds of the sale shall be applied toward
the repayment of the principal amount of the loan and toward the
payment of the accrued interest thereon. Any remaining proceeds,
after deducting administrative costs of the public agency in the
purchase and sale of the interests in lands shall be repaid to the
state.
12885.4. Notwithstanding any provision of law to the contrary, any
land acquired with a loan made pursuant to this chapter, which land
is located outside the boundaries of the public agency acquiring the
land and which was subject to taxation at the time of acquisition
thereof, shall remain subject to taxation.
12885.5. In furtherance of the policy set forth in Section 12881.4,
no funds shall be loaned for either irrigation distribution system
projects or municipal distribution system projects, except in cases
which, in the judgment of the department and the commission, involve
extreme hardship which jeopardizes the public health, safety or
welfare. Distribution facilities which are a necessary and integral
part of an overall water development project may be covered by a
state loan.
12885.6. The department is authorized to make state loans to public
agencies for the preparation of feasibility reports on proposed
projects, from any moneys available for such loans, in an amount for
any one feasibility report on a proposed project not exceeding 2
percent of the estimated cost of the proposed project or fifty
thousand dollars ($50,000), whichever is less; provided, that only
one such loan may be made to a public agency in relation to any one
proposed project. A loan in excess of said amount for any one
feasibility report may be made by the department only upon
authorization by the Legislature and upon such additional terms and
conditions as the Legislature may prescribe.
12885.7. Loans may be made for all or any part of the cost of the
preparation of proposed feasibility reports on proposed projects, but
in no event shall any such loan be in an amount which is greater
than the portion of the cost of the preparation of the proposed
feasibility report which the department finds to be beyond the
reasonable ability of the public agency to finance from other
sources. Such loans shall be repayable over a period not to exceed 10
years.
12885.8. The department shall require the payment of interest on
each loan that is made pursuant to this chapter after the effective
date of the 1967 act amending this section, at a rate of 2 1/2
percent per annum.
12885.9. The department, without the prior approval of the
California Water Commission, is authorized during the calendar years
1976, 1977, and 1978 to make loans in amounts not to exceed two
hundred thousand dollars ($200,000) to public agencies to provide
emergency facilities needed to maintain water supplies in order to
relieve drought situations. Such loans shall be repayable over a
period of not to exceed 10 years and shall be repayable with interest
at the rate specified in Section 12885.8.
Loans may be made pursuant to this section only if no other funds
are reasonably available for meeting the emergency and all other
sources of emergency funding have been exhausted. Such loans may be
made only to public agencies having the financial ability to repay
and serving an area with a population of 200,000 or less.
The Legislature finds that public agencies serving areas with a
population of over 200,000 are able financially to relieve drought
situations without assistance from the state. Notwithstanding any
statutory limitations on its existing powers and except as restricted
by the California Constitution, any public agency is authorized,
without an election, to borrow and expend funds pursuant to this
section to relieve water shortage emergencies within its boundaries.
