State Codes and Statutes

Statutes > California > Gov > 15816-15819.05

GOVERNMENT CODE
SECTION 15816-15819.05



15816.  (a) When any public building has been acquired or
constructed by the board, and the revenues, rentals, or receipts from
the operation of the public building are no longer required or
pledged for the payment of principal or interest on any of the
certificates or revenue bonds of the board undertaken under this
part, the board shall forthwith notify the Department of General
Services of that fact, and thereafter the public building shall be
under the jurisdiction of, and operated and maintained by, the
Department of General Services.
   (b) Subdivision (a) shall not apply to any public facility used
pursuant to Section 15817.1 by, or to any public building constructed
for lease-purchase, to the Regents of the University of California,
the Trustees of the California State University, the Board of
Governors of the California Maritime Academy, or any community
college district, pursuant to this part. When the revenues, rentals,
or receipts from the operation of any public facility or public
building are no longer required or pledged for the payment of
principal or interest on the certificates or revenue bonds of the
board, title to the public building shall vest in the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Maritime
Academy, or the community college district.
   (c) If at any time funds are available by law to retire any
certificates or revenue bonds issued to defray the cost of any public
building, these funds shall be applied to the redemption of
certificates or revenue bonds secured by the rentals and revenues
from that public building.


15817.  Any state agency may lease, as lessee or lessor, and the
board may lease, as lessee or lessor, any public building for a term
not exceeding 35 years from the date of occupancy at such rentals as
are determined by the board. Rentals under a lease shall commence
upon the date of occupancy, irrespective of whether the public
building has been finally accepted by the state agency. These leases
do not require the approval of the Director of General Services.



15817.1.  (a) Exclusively for the purpose of facilitating the
financing of public buildings pursuant to this part through the
issuance of revenue bonds, notes, or certificates by the board, and
notwithstanding any other law, the board may acquire by lease from
any state agency public buildings identified by, and under the
jurisdiction or control of, the state agency, and, in that
connection, the board may then lease those public buildings back to
the state agency and may pledge the revenues, rentals, or receipts to
the lease to secure the repayment of revenue bonds, notes, or
certificates issued by the board. The board is not required to apply
the proceeds of the board's bonds, notes, or certificates to acquire,
design, construct, or otherwise improve the same public buildings
that are leased pursuant to this section. In each case, the lease
shall provide rental provisions, term, payment, security, default,
remedy, and other terms or provisions as may be specified in the
lease or other agreement or agreements between the board and the
state agency and may provide for the substitution of other public
buildings for the public buildings initially leased by the board and
the state agency pursuant to this section. The public buildings that
are leased pursuant to this section may be existing public buildings,
as determined by the board and the state agency, and which the board
and the state agency also determine to have both of the following:
   (1) A fair rental value that is consistent with the principal
amount of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (2) An economic useful life that is not shorter than the final
maturity of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (b) These determinations by the board and the state agency
pursuant to subdivision (a) shall be final and conclusive.
   (c) A lease made pursuant to this section does not require the
approval of the Director of General Services.
   (d) The board or a state agency may utilize subdivision (a) in
connection with the issuance of any revenue bonds, notes, or
certificates previously authorized but not issued, or any revenue
bonds, notes, or certificates authorized subsequent to the effective
date of the act adding this subdivision.
   (e) The acquisition by lease authority provided in this section
shall become inoperative on July 1, 2015, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date. Leases made pursuant to this authority prior to July 1, 2015,
shall continue in full force and effect in accordance with their
applicable terms. Any acquisitions made and bonds issued pursuant to
this authority prior to July 1, 2015, shall be deemed binding and
valid.


15818.  Exclusively for the purpose of securing the financing of
projects through the issuance of revenue bonds, notes, or
certificates by the board, and notwithstanding any other law, any
community college district may buy or lease public buildings or
equipment, or both, from the board, and in connection therewith, sell
or lease public buildings or equipment, or both, to the board, in
each case with the installment payment or rental provisions, term,
payment, security, default, remedy, and other terms or provisions as
may be specified in the installment sale, lease, or other agreement
or agreements, between the board and the community college district.
This section provides a complete, additional, and alternative method
for performing the acts authorized by this section, and any sale or
lease of public buildings or equipment, or both, to the board or any
community college district, any purchase or lease of public buildings
or equipment, or both, from the board or any community college
district, and any agreement for liquidity or credit enhancement in
connection therewith, pursuant to this section, need not comply with
the requirements of any other law applicable to sale, purchase,
lease, or credit, as the case may be, by a community college
district.


15819.  After first obtaining the written consent of all of the
holders of the revenue bonds or certificates issued on the public
buildings from which the excess revenues, rentals, or receipts are to
be derived, the board may by appropriate resolution pledge the
revenues, rentals, or receipts from public buildings authorized under
this part in any one session of the Legislature in excess of those
revenues, rentals, or receipts necessary for the payment of the
principal of, and interest on, the certificates or revenue bonds
issued to finance the construction of such public buildings, to the
payment of the principal of, and interest on, the certificates or
revenue bonds issued to finance the construction of any other public
buildings authorized under this part. This section shall not apply to
public buildings authorized by the Legislature after the 1961
General Session.



15819.05.  (a) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of this part to finance the
acquisition of the facilities specified in Sections 14016 and
14669.9.
   (b) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs. The additional amount may
include interest and a reasonable required reserve fund.
   (c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed one hundred and seventy-five million dollars
($175,000,000).
   (d) The State Public Works Board may authorize the augmentation of
the amount authorized by this section subject to the limitations
specified in Section 13332.11.
   (e) Notwithstanding Section 13340 of the Government Code, funds
derived from the interim and permanent financing or refinancing of
the facilities specified in Sections 14016 and 14669.9 are hereby
continuously appropriated without regard to fiscal year for these
purposes.


State Codes and Statutes

Statutes > California > Gov > 15816-15819.05

GOVERNMENT CODE
SECTION 15816-15819.05



15816.  (a) When any public building has been acquired or
constructed by the board, and the revenues, rentals, or receipts from
the operation of the public building are no longer required or
pledged for the payment of principal or interest on any of the
certificates or revenue bonds of the board undertaken under this
part, the board shall forthwith notify the Department of General
Services of that fact, and thereafter the public building shall be
under the jurisdiction of, and operated and maintained by, the
Department of General Services.
   (b) Subdivision (a) shall not apply to any public facility used
pursuant to Section 15817.1 by, or to any public building constructed
for lease-purchase, to the Regents of the University of California,
the Trustees of the California State University, the Board of
Governors of the California Maritime Academy, or any community
college district, pursuant to this part. When the revenues, rentals,
or receipts from the operation of any public facility or public
building are no longer required or pledged for the payment of
principal or interest on the certificates or revenue bonds of the
board, title to the public building shall vest in the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Maritime
Academy, or the community college district.
   (c) If at any time funds are available by law to retire any
certificates or revenue bonds issued to defray the cost of any public
building, these funds shall be applied to the redemption of
certificates or revenue bonds secured by the rentals and revenues
from that public building.


15817.  Any state agency may lease, as lessee or lessor, and the
board may lease, as lessee or lessor, any public building for a term
not exceeding 35 years from the date of occupancy at such rentals as
are determined by the board. Rentals under a lease shall commence
upon the date of occupancy, irrespective of whether the public
building has been finally accepted by the state agency. These leases
do not require the approval of the Director of General Services.



15817.1.  (a) Exclusively for the purpose of facilitating the
financing of public buildings pursuant to this part through the
issuance of revenue bonds, notes, or certificates by the board, and
notwithstanding any other law, the board may acquire by lease from
any state agency public buildings identified by, and under the
jurisdiction or control of, the state agency, and, in that
connection, the board may then lease those public buildings back to
the state agency and may pledge the revenues, rentals, or receipts to
the lease to secure the repayment of revenue bonds, notes, or
certificates issued by the board. The board is not required to apply
the proceeds of the board's bonds, notes, or certificates to acquire,
design, construct, or otherwise improve the same public buildings
that are leased pursuant to this section. In each case, the lease
shall provide rental provisions, term, payment, security, default,
remedy, and other terms or provisions as may be specified in the
lease or other agreement or agreements between the board and the
state agency and may provide for the substitution of other public
buildings for the public buildings initially leased by the board and
the state agency pursuant to this section. The public buildings that
are leased pursuant to this section may be existing public buildings,
as determined by the board and the state agency, and which the board
and the state agency also determine to have both of the following:
   (1) A fair rental value that is consistent with the principal
amount of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (2) An economic useful life that is not shorter than the final
maturity of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (b) These determinations by the board and the state agency
pursuant to subdivision (a) shall be final and conclusive.
   (c) A lease made pursuant to this section does not require the
approval of the Director of General Services.
   (d) The board or a state agency may utilize subdivision (a) in
connection with the issuance of any revenue bonds, notes, or
certificates previously authorized but not issued, or any revenue
bonds, notes, or certificates authorized subsequent to the effective
date of the act adding this subdivision.
   (e) The acquisition by lease authority provided in this section
shall become inoperative on July 1, 2015, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date. Leases made pursuant to this authority prior to July 1, 2015,
shall continue in full force and effect in accordance with their
applicable terms. Any acquisitions made and bonds issued pursuant to
this authority prior to July 1, 2015, shall be deemed binding and
valid.


15818.  Exclusively for the purpose of securing the financing of
projects through the issuance of revenue bonds, notes, or
certificates by the board, and notwithstanding any other law, any
community college district may buy or lease public buildings or
equipment, or both, from the board, and in connection therewith, sell
or lease public buildings or equipment, or both, to the board, in
each case with the installment payment or rental provisions, term,
payment, security, default, remedy, and other terms or provisions as
may be specified in the installment sale, lease, or other agreement
or agreements, between the board and the community college district.
This section provides a complete, additional, and alternative method
for performing the acts authorized by this section, and any sale or
lease of public buildings or equipment, or both, to the board or any
community college district, any purchase or lease of public buildings
or equipment, or both, from the board or any community college
district, and any agreement for liquidity or credit enhancement in
connection therewith, pursuant to this section, need not comply with
the requirements of any other law applicable to sale, purchase,
lease, or credit, as the case may be, by a community college
district.


15819.  After first obtaining the written consent of all of the
holders of the revenue bonds or certificates issued on the public
buildings from which the excess revenues, rentals, or receipts are to
be derived, the board may by appropriate resolution pledge the
revenues, rentals, or receipts from public buildings authorized under
this part in any one session of the Legislature in excess of those
revenues, rentals, or receipts necessary for the payment of the
principal of, and interest on, the certificates or revenue bonds
issued to finance the construction of such public buildings, to the
payment of the principal of, and interest on, the certificates or
revenue bonds issued to finance the construction of any other public
buildings authorized under this part. This section shall not apply to
public buildings authorized by the Legislature after the 1961
General Session.



15819.05.  (a) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of this part to finance the
acquisition of the facilities specified in Sections 14016 and
14669.9.
   (b) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs. The additional amount may
include interest and a reasonable required reserve fund.
   (c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed one hundred and seventy-five million dollars
($175,000,000).
   (d) The State Public Works Board may authorize the augmentation of
the amount authorized by this section subject to the limitations
specified in Section 13332.11.
   (e) Notwithstanding Section 13340 of the Government Code, funds
derived from the interim and permanent financing or refinancing of
the facilities specified in Sections 14016 and 14669.9 are hereby
continuously appropriated without regard to fiscal year for these
purposes.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 15816-15819.05

GOVERNMENT CODE
SECTION 15816-15819.05



15816.  (a) When any public building has been acquired or
constructed by the board, and the revenues, rentals, or receipts from
the operation of the public building are no longer required or
pledged for the payment of principal or interest on any of the
certificates or revenue bonds of the board undertaken under this
part, the board shall forthwith notify the Department of General
Services of that fact, and thereafter the public building shall be
under the jurisdiction of, and operated and maintained by, the
Department of General Services.
   (b) Subdivision (a) shall not apply to any public facility used
pursuant to Section 15817.1 by, or to any public building constructed
for lease-purchase, to the Regents of the University of California,
the Trustees of the California State University, the Board of
Governors of the California Maritime Academy, or any community
college district, pursuant to this part. When the revenues, rentals,
or receipts from the operation of any public facility or public
building are no longer required or pledged for the payment of
principal or interest on the certificates or revenue bonds of the
board, title to the public building shall vest in the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Maritime
Academy, or the community college district.
   (c) If at any time funds are available by law to retire any
certificates or revenue bonds issued to defray the cost of any public
building, these funds shall be applied to the redemption of
certificates or revenue bonds secured by the rentals and revenues
from that public building.


15817.  Any state agency may lease, as lessee or lessor, and the
board may lease, as lessee or lessor, any public building for a term
not exceeding 35 years from the date of occupancy at such rentals as
are determined by the board. Rentals under a lease shall commence
upon the date of occupancy, irrespective of whether the public
building has been finally accepted by the state agency. These leases
do not require the approval of the Director of General Services.



15817.1.  (a) Exclusively for the purpose of facilitating the
financing of public buildings pursuant to this part through the
issuance of revenue bonds, notes, or certificates by the board, and
notwithstanding any other law, the board may acquire by lease from
any state agency public buildings identified by, and under the
jurisdiction or control of, the state agency, and, in that
connection, the board may then lease those public buildings back to
the state agency and may pledge the revenues, rentals, or receipts to
the lease to secure the repayment of revenue bonds, notes, or
certificates issued by the board. The board is not required to apply
the proceeds of the board's bonds, notes, or certificates to acquire,
design, construct, or otherwise improve the same public buildings
that are leased pursuant to this section. In each case, the lease
shall provide rental provisions, term, payment, security, default,
remedy, and other terms or provisions as may be specified in the
lease or other agreement or agreements between the board and the
state agency and may provide for the substitution of other public
buildings for the public buildings initially leased by the board and
the state agency pursuant to this section. The public buildings that
are leased pursuant to this section may be existing public buildings,
as determined by the board and the state agency, and which the board
and the state agency also determine to have both of the following:
   (1) A fair rental value that is consistent with the principal
amount of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (2) An economic useful life that is not shorter than the final
maturity of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (b) These determinations by the board and the state agency
pursuant to subdivision (a) shall be final and conclusive.
   (c) A lease made pursuant to this section does not require the
approval of the Director of General Services.
   (d) The board or a state agency may utilize subdivision (a) in
connection with the issuance of any revenue bonds, notes, or
certificates previously authorized but not issued, or any revenue
bonds, notes, or certificates authorized subsequent to the effective
date of the act adding this subdivision.
   (e) The acquisition by lease authority provided in this section
shall become inoperative on July 1, 2015, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date. Leases made pursuant to this authority prior to July 1, 2015,
shall continue in full force and effect in accordance with their
applicable terms. Any acquisitions made and bonds issued pursuant to
this authority prior to July 1, 2015, shall be deemed binding and
valid.


15818.  Exclusively for the purpose of securing the financing of
projects through the issuance of revenue bonds, notes, or
certificates by the board, and notwithstanding any other law, any
community college district may buy or lease public buildings or
equipment, or both, from the board, and in connection therewith, sell
or lease public buildings or equipment, or both, to the board, in
each case with the installment payment or rental provisions, term,
payment, security, default, remedy, and other terms or provisions as
may be specified in the installment sale, lease, or other agreement
or agreements, between the board and the community college district.
This section provides a complete, additional, and alternative method
for performing the acts authorized by this section, and any sale or
lease of public buildings or equipment, or both, to the board or any
community college district, any purchase or lease of public buildings
or equipment, or both, from the board or any community college
district, and any agreement for liquidity or credit enhancement in
connection therewith, pursuant to this section, need not comply with
the requirements of any other law applicable to sale, purchase,
lease, or credit, as the case may be, by a community college
district.


15819.  After first obtaining the written consent of all of the
holders of the revenue bonds or certificates issued on the public
buildings from which the excess revenues, rentals, or receipts are to
be derived, the board may by appropriate resolution pledge the
revenues, rentals, or receipts from public buildings authorized under
this part in any one session of the Legislature in excess of those
revenues, rentals, or receipts necessary for the payment of the
principal of, and interest on, the certificates or revenue bonds
issued to finance the construction of such public buildings, to the
payment of the principal of, and interest on, the certificates or
revenue bonds issued to finance the construction of any other public
buildings authorized under this part. This section shall not apply to
public buildings authorized by the Legislature after the 1961
General Session.



15819.05.  (a) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of this part to finance the
acquisition of the facilities specified in Sections 14016 and
14669.9.
   (b) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs. The additional amount may
include interest and a reasonable required reserve fund.
   (c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed one hundred and seventy-five million dollars
($175,000,000).
   (d) The State Public Works Board may authorize the augmentation of
the amount authorized by this section subject to the limitations
specified in Section 13332.11.
   (e) Notwithstanding Section 13340 of the Government Code, funds
derived from the interim and permanent financing or refinancing of
the facilities specified in Sections 14016 and 14669.9 are hereby
continuously appropriated without regard to fiscal year for these
purposes.