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 liability or obligation shall be
imposed upon the State of California and none shall be incurred by
the authority beyond the extent to which moneys shall have been
provided under the provisions of this division. Under no
circumstances shall the authority create any debt, liability, or
obligation on the part of the State of California payable from any
source whatsoever other than the moneys provided under the provisions
of this division.
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, purchase,
lease, contract, gift, devise, or otherwise, any real or personal
property, structures, rights, rights-of-way, franchises, easements,
and other interests in lands located within this state necessary or
convenient for the construction or operation of a project, upon such
terms and conditions as it deems advisable, and to lease, sell, or
dispose of the same in such manner as may be necessary or desirable
to carry out the objects and purposes of this division. Nothing in
this division shall authorize the authority to exercise the power of
eminent domain.
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 been fully paid and retired or when
adequate provision shall have been made for the payment and
retirement of the same, and all other conditions of the resolution,
indenture, or agreement authorizing and securing the same shall have
been satisfied and the lien of the resolution, indenture, or
agreement shall have been released in accordance with the provisions
thereof, the authority is authorized, upon terms and conditions as
may be prescribed by the authority, to execute these deeds and
conveyances as are necessary or required to convey title to the
project to the participating party.
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 of the authority that occurs after at
least 30 days following receipt of the application. The authority may
delegate to its executive director or any other official or employee
of the authority to grant initial approval for financing to a
participating party.
(b) The authority shall take final action with regard to the
issuance of bonds or notes to lend financial assistance to a
participating party within 60 days of receipt by the authority of a
request from the participating party for the issuance of bonds or
notes.
(c) A request from a participating party for final approval of the
issuance of bonds or notes shall be accompanied by evidence of the
fulfillment of all conditions to the issuance of the bonds or notes
and by copies of forms of all principal legal documents to be
approved by the authority, which shall be satisfactory in form and
substance to the Attorney General.
(d) The authority may give final approval for the issuance of
bonds or notes upon terms as it deems necessary and desirable.
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 equipment is a component of an approved
tradeoff package to achieve air quality standards. The authority may
also approve financing for projects where the owner of the project
enters into a lease or operating agreement with another entity that
will use the project. In either case both the owner and the user
shall be treated as participating parties.
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 small businesses or
corporations by providing information, assistance, and coordination
to facilitate financing for small projects and other financing that
benefits the environment and the economy of the state, including
financing for projects for the disposal of agricultural wastes, with
special attention to the needs of businesses that do not meet
standard commercial lending requirements but provide public benefits,
such as job creation or retention and the redevelopment for
economically beneficial uses of contaminated properties. The
authority shall assist with the financing of the costs of, among
other things, assessment of, remedial planning and reporting for,
technical assistance for, and the cleanup, remediation, or
development of, brownfield sites, and any other similar or related
costs, by providing the loans authorized pursuant to subdivision (h)
of Section 44526. The authority shall provide the maximum opportunity
to provide loan funding pursuant to subdivision (h) of Section 44526
to assist brownfield site financing assistance programs where the
sites are located in economically struggling communities suffering
from a low level of income or a high level of poverty or
unemployment.
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 year ended December 31. The
report shall include (1) a listing of applications received, (2) a
listing of applications accepted for financing, (3) specification of
bonds sold, interest rates thereon, and whether bond sales were
pursuant to public bid or were negotiated, (4) specification of the
amount of bonds authorized but currently unsold, (5) a projection of
the authority's needs and requirements for the coming year, and (6) a
report of revenues and expenditures for the preceding fiscal year.
The Treasurer shall review the report and advise the Legislature in
writing of any problems and of any impact on the state's credit
rating and the state's ability to borrow funds for state programs.
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 that the waste water treatment
facilities will be operated and maintained by competent personnel.
Such evidence shall include, but not be limited to, a description of
operating procedures, organizational structure, minimum personnel
requirements and training program.
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 liability or obligation shall be
imposed upon the State of California and none shall be incurred by
the authority beyond the extent to which moneys shall have been
provided under the provisions of this division. Under no
circumstances shall the authority create any debt, liability, or
obligation on the part of the State of California payable from any
source whatsoever other than the moneys provided under the provisions
of this division.
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, purchase,
lease, contract, gift, devise, or otherwise, any real or personal
property, structures, rights, rights-of-way, franchises, easements,
and other interests in lands located within this state necessary or
convenient for the construction or operation of a project, upon such
terms and conditions as it deems advisable, and to lease, sell, or
dispose of the same in such manner as may be necessary or desirable
to carry out the objects and purposes of this division. Nothing in
this division shall authorize the authority to exercise the power of
eminent domain.
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 been fully paid and retired or when
adequate provision shall have been made for the payment and
retirement of the same, and all other conditions of the resolution,
indenture, or agreement authorizing and securing the same shall have
been satisfied and the lien of the resolution, indenture, or
agreement shall have been released in accordance with the provisions
thereof, the authority is authorized, upon terms and conditions as
may be prescribed by the authority, to execute these deeds and
conveyances as are necessary or required to convey title to the
project to the participating party.
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 of the authority that occurs after at
least 30 days following receipt of the application. The authority may
delegate to its executive director or any other official or employee
of the authority to grant initial approval for financing to a
participating party.
(b) The authority shall take final action with regard to the
issuance of bonds or notes to lend financial assistance to a
participating party within 60 days of receipt by the authority of a
request from the participating party for the issuance of bonds or
notes.
(c) A request from a participating party for final approval of the
issuance of bonds or notes shall be accompanied by evidence of the
fulfillment of all conditions to the issuance of the bonds or notes
and by copies of forms of all principal legal documents to be
approved by the authority, which shall be satisfactory in form and
substance to the Attorney General.
(d) The authority may give final approval for the issuance of
bonds or notes upon terms as it deems necessary and desirable.
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 equipment is a component of an approved
tradeoff package to achieve air quality standards. The authority may
also approve financing for projects where the owner of the project
enters into a lease or operating agreement with another entity that
will use the project. In either case both the owner and the user
shall be treated as participating parties.
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 small businesses or
corporations by providing information, assistance, and coordination
to facilitate financing for small projects and other financing that
benefits the environment and the economy of the state, including
financing for projects for the disposal of agricultural wastes, with
special attention to the needs of businesses that do not meet
standard commercial lending requirements but provide public benefits,
such as job creation or retention and the redevelopment for
economically beneficial uses of contaminated properties. The
authority shall assist with the financing of the costs of, among
other things, assessment of, remedial planning and reporting for,
technical assistance for, and the cleanup, remediation, or
development of, brownfield sites, and any other similar or related
costs, by providing the loans authorized pursuant to subdivision (h)
of Section 44526. The authority shall provide the maximum opportunity
to provide loan funding pursuant to subdivision (h) of Section 44526
to assist brownfield site financing assistance programs where the
sites are located in economically struggling communities suffering
from a low level of income or a high level of poverty or
unemployment.
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 year ended December 31. The
report shall include (1) a listing of applications received, (2) a
listing of applications accepted for financing, (3) specification of
bonds sold, interest rates thereon, and whether bond sales were
pursuant to public bid or were negotiated, (4) specification of the
amount of bonds authorized but currently unsold, (5) a projection of
the authority's needs and requirements for the coming year, and (6) a
report of revenues and expenditures for the preceding fiscal year.
The Treasurer shall review the report and advise the Legislature in
writing of any problems and of any impact on the state's credit
rating and the state's ability to borrow funds for state programs.
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 that the waste water treatment
facilities will be operated and maintained by competent personnel.
Such evidence shall include, but not be limited to, a description of
operating procedures, organizational structure, minimum personnel
requirements and training program.
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 liability or obligation shall be
imposed upon the State of California and none shall be incurred by
the authority beyond the extent to which moneys shall have been
provided under the provisions of this division. Under no
circumstances shall the authority create any debt, liability, or
obligation on the part of the State of California payable from any
source whatsoever other than the moneys provided under the provisions
of this division.
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, purchase,
lease, contract, gift, devise, or otherwise, any real or personal
property, structures, rights, rights-of-way, franchises, easements,
and other interests in lands located within this state necessary or
convenient for the construction or operation of a project, upon such
terms and conditions as it deems advisable, and to lease, sell, or
dispose of the same in such manner as may be necessary or desirable
to carry out the objects and purposes of this division. Nothing in
this division shall authorize the authority to exercise the power of
eminent domain.
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 been fully paid and retired or when
adequate provision shall have been made for the payment and
retirement of the same, and all other conditions of the resolution,
indenture, or agreement authorizing and securing the same shall have
been satisfied and the lien of the resolution, indenture, or
agreement shall have been released in accordance with the provisions
thereof, the authority is authorized, upon terms and conditions as
may be prescribed by the authority, to execute these deeds and
conveyances as are necessary or required to convey title to the
project to the participating party.
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 of the authority that occurs after at
least 30 days following receipt of the application. The authority may
delegate to its executive director or any other official or employee
of the authority to grant initial approval for financing to a
participating party.
(b) The authority shall take final action with regard to the
issuance of bonds or notes to lend financial assistance to a
participating party within 60 days of receipt by the authority of a
request from the participating party for the issuance of bonds or
notes.
(c) A request from a participating party for final approval of the
issuance of bonds or notes shall be accompanied by evidence of the
fulfillment of all conditions to the issuance of the bonds or notes
and by copies of forms of all principal legal documents to be
approved by the authority, which shall be satisfactory in form and
substance to the Attorney General.
(d) The authority may give final approval for the issuance of
bonds or notes upon terms as it deems necessary and desirable.
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 equipment is a component of an approved
tradeoff package to achieve air quality standards. The authority may
also approve financing for projects where the owner of the project
enters into a lease or operating agreement with another entity that
will use the project. In either case both the owner and the user
shall be treated as participating parties.
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 small businesses or
corporations by providing information, assistance, and coordination
to facilitate financing for small projects and other financing that
benefits the environment and the economy of the state, including
financing for projects for the disposal of agricultural wastes, with
special attention to the needs of businesses that do not meet
standard commercial lending requirements but provide public benefits,
such as job creation or retention and the redevelopment for
economically beneficial uses of contaminated properties. The
authority shall assist with the financing of the costs of, among
other things, assessment of, remedial planning and reporting for,
technical assistance for, and the cleanup, remediation, or
development of, brownfield sites, and any other similar or related
costs, by providing the loans authorized pursuant to subdivision (h)
of Section 44526. The authority shall provide the maximum opportunity
to provide loan funding pursuant to subdivision (h) of Section 44526
to assist brownfield site financing assistance programs where the
sites are located in economically struggling communities suffering
from a low level of income or a high level of poverty or
unemployment.
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 year ended December 31. The
report shall include (1) a listing of applications received, (2) a
listing of applications accepted for financing, (3) specification of
bonds sold, interest rates thereon, and whether bond sales were
pursuant to public bid or were negotiated, (4) specification of the
amount of bonds authorized but currently unsold, (5) a projection of
the authority's needs and requirements for the coming year, and (6) a
report of revenues and expenditures for the preceding fiscal year.
The Treasurer shall review the report and advise the Legislature in
writing of any problems and of any impact on the state's credit
rating and the state's ability to borrow funds for state programs.
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 that the waste water treatment
facilities will be operated and maintained by competent personnel.
Such evidence shall include, but not be limited to, a description of
operating procedures, organizational structure, minimum personnel
requirements and training program.
