Article 4. Local Bond Pooling of California Government Code >> Division 7. >> Title 1. >> Chapter 5. >> Article 4.
This article shall be known and may be cited as the
Marks-Roos Local Bond Pooling Act of 1985.
The Legislature finds and declares all of the following:
(a) That there is a critical need within the state to expand,
upgrade, and otherwise improve the public capital facilities of local
government necessary to support the rehabilitation and construction
of residential and economic development. The needs of local
government for financing these facilities greatly exceed the amount
of funds available from existing state, local, and federal sources.
(b) That it is the intent of the Legislature to assist in the
reduction of local borrowing costs, help accelerate the construction,
repair, and maintenance of public capital improvements, and promote
greater use of existing and new financial instruments and mechanisms,
such as bond pooling by local agencies.
(c) That it is not lawful under this article for an authority or
any of its member agencies to charge fees to local agencies or
receive payments from the proceeds of the sale of bonds issued or
acquired by the authority, except for fees charged pursuant to
subdivision (o) of Section 6588 to recover the authority's costs of
issuance and administration.
The definitions in this section shall govern the construction
and interpretation of this article.
(a) (1) Except as provided in paragraphs (2) and (3), "authority"
means an entity created pursuant to Article 1 (commencing with
Section 6500) and includes any successor to the powers and functions
of that entity.
(2) In the case of an authority issuing bonds pursuant to this
chapter in which VLF receivables, as defined in subdivision (j), are
pledged to the payment of the bonds, other than VLF receivables so
pledged for a county of the first class, an authority shall consist
of not fewer than 100 local agencies.
(3) In the case of an authority issuing bonds pursuant to this
chapter in which Proposition 1A receivables, as defined in
subdivision (g), are pledged to the payment of the bonds, an
authority shall consist of not fewer than 250 local agencies.
(b) "Bond purchase agreement" means a contractual agreement
executed between the authority and the local agency whereby the
authority agrees to purchase bonds of the local agency.
(c) "Bonds" means all of the following:
(1) Bonds, including, but not limited to, assessment bonds,
redevelopment agency bonds, government-issued mortgage bonds, and
industrial development bonds.
(2) Notes, including bond, revenue, tax, or grant anticipation
notes.
(3) Commercial paper, floating rate and variable maturity
securities, and any other evidences of indebtedness.
(4) Certificates of participation or lease-purchase agreements.
(d) "Conservation or reclamation purposes" mean a utility project
designed to reduce the amount of potable water to be supplied by a
publicly owned utility or reduce the amount of water imported by the
publicly owned utility, including without limitation, storm water
capture and treatment, water recycling, development of local
groundwater resources, groundwater recharging, and water reclamation.
(e) "Cost," as applied to a public capital improvement, a utility
project, or portion of the improvement or utility project financed
under this part, means all of the following:
(1) All or any part of the cost of construction, renovation, and
acquisition of all lands, structures, real or personal property,
rights, rights-of-way, franchises, easements, and interests acquired
or used for a public capital improvement or a utility project.
(2) The cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any
lands to which the buildings or structures may be moved, and the cost
of all machinery and equipment.
(3) Finance charges.
(4) Interest prior to, during, and for a period after, completion
of that construction, as determined by the authority.
(5) Provisions for working capital, reserves for principal and
interest and for extensions, enlargements, additions, replacements,
renovations, and improvements.
(6) The cost of architectural, engineering, financial and legal
services, plans, specifications, estimates, and administrative
expenses.
(7) Other expenses necessary or incidental to determining the
feasibility of constructing any project or incidental to the
construction or acquisition or financing of any public capital
improvement or utility project.
(f) "Customer" means a person or entity receiving water through
facilities of a publicly owned utility.
(g) "Financing costs" mean any of the following:
(1) Interest and redemption premiums that are payable on rate
reduction bonds.
(2) The cost of retiring the principal of rate reduction bonds,
whether at maturity, including acceleration of maturity upon an event
of default, or upon redemption, including sinking fund redemption.
(3) A cost related to issuing or servicing rate reduction bonds,
including, but not limited to, servicing fees, trustee fees, legal
fees, administrative fees, bond counsel fees, bond placement or
underwriting fees, remarketing fees, broker dealer fees, independent
manager fees, payment under an interest rate swap agreement,
financial adviser fees, accounting report fees, engineering report
fees, and rating agency fees.
(4) A payment or expense associated with a bond insurance policy,
financial guaranty or a contract, agreement, or other credit
enhancement for rate reduction bonds or a contract, agreement, or
other financial agreement entered into in connection with rate
reduction bonds.
(5) The funding of one or more reserve accounts related to rate
reduction bonds.
(h) (1) "Financing resolution" means a resolution adopted by the
governing body of an authority financing a utility project with rate
reduction bonds that establishes and imposes a utility project charge
in connection with the rate reduction bonds in accordance with
Section 6588.7
(2) A financing resolution may be separate from a resolution
authorizing the issuance of the rate reduction bonds.
(i) "Legislative body" means the governing body of a local agency.
(j) "Local agency" means a party to the agreement creating the
authority, or an agency or subdivision of that party, sponsoring a
project of public capital improvements, or any city, county, city and
county, authority, district, or public corporation of this state.
(k) "Mandate" means a requirement, imposed by a mandating entity
by any means, including without limitation, a statute, rule,
regulation, an administrative or judicial order, a building,
operating, or licensing requirement or condition, or an agreement
with, or license or permit from, the mandating entity, on a facility
of a publicly owned utility or a facility operated in whole or in
part for the benefit of a publicly owned utility, or on the
operations of the publicly owned utility, or on the water pumped,
acquired, or supplied by the publicly owned utility.
(l) (1) "Mandating entity" means the United States; a state of the
United States; an agency, department, commission, or other
subdivision of the United States or a state of the United States; a
court of the United States or a state of the United States; or any
other body or organization, that has jurisdiction over the operations
of a publicly owned utility; the facility of a publicly owned
utility, or a facility operated in whole or in part for the benefit
of a publicly owned utility; or the water pumped, acquired or sold by
a publicly owned utility.
(2) "Mandating entity" does not include a local agency that owns
the publicly owned utility.
(m) "Proposition 1A receivable" means the right to payment of
moneys due or to become due to a local agency, pursuant to clause
(iii) of subparagraph (B) of paragraph (1) of subdivision (a) of
Section 25.5 of Article XIII of the California Constitution and
Section 100.06 of the Revenue and Taxation Code.
(n) "Public capital improvements" means one or more projects
specified in Section 6546.
(o) "Publicly owned utility" means a utility furnishing water
service to not less than 25,000 retail customers that is owned and
operated by a local agency or a department or other subdivision of a
local agency and includes any successor to the powers and functions
of the department or other subdivision.
(p) "Rate reduction bonds" mean bonds that are issued by an
authority, the proceeds of which are used directly or indirectly to
pay or reimburse a local agency or its publicly owned utility for the
payment of the costs of a utility project, and that are secured by a
pledge of, and are payable from, utility project property as
provided in Section 6588.7.
(q) "Revenue" means income and receipts of the authority from any
of the following:
(1) A bond purchase agreement.
(2) Bonds acquired by the authority.
(3) Loans installment sale agreements, and other revenue-producing
agreements entered into by the authority.
(4) Projects financed by the authority.
(5) Grants and other sources of income.
(6) VLF receivables purchased pursuant to Section 6588.5.
(7) Proposition 1A receivables purchased pursuant to Section
6588.6.
(8) Interest or other income from any investment of any money in
any fund or account established for the payment of principal or
interest or premiums on bonds.
(r) "Utility project" means the acquisition, construction,
installation, retrofitting, rebuilding, or other addition to, or
improvement of, any equipment, device, structure, improvement,
process, facility, technology, rights or property, located either
within, or outside of, the State of California, and that is used, or
to be used, in connection with the operations of a publicly owned
utility for conservation or reclamation purposes or in response to a
mandate.
(s) "Utility project charge" means a charge paid or to be paid by
customers of a publicly owned utility to pay financing costs of rate
reduction bonds issued to finance a utility project for a publicly
owned utility that is imposed pursuant to Section 6588.7, including
any adjustment of the charge pursuant to Section 6588.7.
(t) "Utility project property" means the property right created
pursuant to Section 6588.7, including without limitation, the right,
title, and interest of an authority for any of the following:
(1) In and to the financing resolution and the utility charge
established with respect to the rate reduction bonds, as adjusted
from time to time in accordance with Section 6588.7.
(2) To be paid the financing costs of the rate reduction bonds and
to all revenues, collections, claims, payments, moneys, or proceeds
for, or arising from, the utility project charge relating to the rate
reduction bonds.
(3) In and to all rights to obtain adjustments to the utility
project charge relating to the rate reduction bonds pursuant to
Section 6588.7.
(u) "VLF receivable" means the right to payment of moneys due or
to become due to a local agency out of funds payable in connection
with vehicle license fees to a local agency pursuant to Section
10754.11 of the Revenue and Taxation Code.
(v) "Working capital" means money to be used by, or on behalf of,
a local agency for any purpose for which a local agency may borrow
money pursuant to Section 53852, or for any purpose for which a VLF
receivable or a Proposition 1A receivable sold to an authority could
have been used by the local agency.
It is the Legislature's intent that this article be used to
assist local agencies in financing public capital improvements,
working capital, liability and other insurance needs, or projects
whenever there are significant public benefits for taking that
action. For the purposes of this article, "significant public
benefits" means any of the following benefits to the citizens of the
local agency:
(a) Demonstrable savings in effective interest rate, bond
preparation, bond underwriting, or bond issuance costs.
(b) Significant reductions in effective user charges levied by a
local agency.
(c) Employment benefits from undertaking the project in a timely
fashion.
(d) More efficient delivery of local agency services to
residential and commercial development.
(a) Notwithstanding Section 6587, an authority, or any
entity acting on behalf of or for the benefit of an authority, may
not authorize bonds to construct, acquire, or finance a public
capital improvement except pursuant to Article 1 (commencing with
Section 6500), unless all of the following conditions are satisfied
with respect to each capital improvement to be constructed, acquired,
or financed:
(1) The authority reasonably expects that the public capital
improvement is to be located within the geographic boundaries of one
or more local agencies of the authority that is not itself an
authority.
(2) A local agency that is not itself an authority, within whose
boundaries the public capital improvement is to be located, has
approved the financing of the public capital improvement and made a
finding of significant public benefit in accordance with the criteria
specified in Section 6586 after a public hearing held by that local
agency within each county or city and county where the public capital
improvement is to be located after notice of the hearing is
published once at least five days prior to the hearing in a newspaper
of general circulation in each affected county or city and county.
If the public capital improvement to be financed will provide
infrastructure, services, or a golf course to support, or in
conjunction with, any development project, the local agency for
purposes of this subdivision shall be the city, county, or city and
county with land use jurisdiction over the development project.
(3) A notice is sent by certified mail at least five business days
prior to the hearing held pursuant to paragraph (2) to the Attorney
General and to the California Debt and Investment Advisory
Commission. This notice shall contain all of the following
information:
(A) The date, time, and exact location of the hearing.
(B) The name and telephone number of the contact person.
(C) The name of the joint powers authority.
(D) The names of all members of the joint powers authority.
(E) The name, address, and telephone number of the bond counsel.
(F) The name, address, and telephone number of the underwriter.
(G) The name, address, and telephone number of the financial
adviser, if any.
(H) The name, address, and telephone number of the legal counsel
of the authority.
(I) The prospective location of the public capital improvement
described by its street address, including city, county, and ZIP
Code, or, if none, by a general description designed to inform
readers of its specific location, including both the county and the
ZIP Code that covers the specific location.
(J) A general functional description of the type and use of the
public capital improvement to be financed.
(K) The maximum aggregate face amount of obligations to be issued
with respect to the public capital improvement.
(b) Paragraph (3) of subdivision (a) does not apply to bonds:
(1) Issued pursuant to the Community Redevelopment Law, Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code.
(2) To finance transportation facilities and vehicles.
(3) To finance a facility that is located within the boundaries of
an authority, provided that the authority that issues those bonds
consists of any of the following:
(A) Local agencies with overlapping boundaries.
(B) A county and a local agency or local agencies located entirely
within that county.
(C) A city and a local agency or local agencies located entirely
within that city.
(4) To finance a facility for which an authority has received an
allocation from the California Debt Limit Allocation Committee.
(5) Of an authority that consists of no less than 100 local
agencies and the agreement that established that authority requires
the governing body of the local agency that is a member of the
authority in whose jurisdiction the facility will be located to
approve the facility and the issuance of the bonds.
(c) This section and Section 6586.7 do not apply to bonds issued
for any of the following purposes:
(1) To finance the undergrounding of utility and communication
lines.
(2) To finance, consistent with the provisions of this chapter,
facilities for the generation or transmission of electrical energy
for public or private uses and all rights, properties, and
improvements necessary therefor, including fuel and water facilities
and resources.
(3) To finance facilities for the production, storage,
transmission, or treatment of water, recycled water, or wastewater.
(4) To finance public school facilities.
(5) To finance public highways located within the jurisdiction of
an authority that is authorized to exercise the powers specified in
Chapter 5 (commencing with Section 31100) of Division 17 of the
Streets and Highways Code, provided that the authority conducts the
noticed public hearing and makes the finding of significant public
benefit in accordance with this section.
(d) For purposes of this section, a local agency does not include
a private entity.
(a) A copy of the resolution adopted by an authority
authorizing bonds or any issuance of bonds, or accepting the benefit
of any bonds or proceeds of bonds, except bonds issued or authorized
pursuant to Article 1 (commencing with Section 6500), or bonds issued
for the purposes specified in subdivision (c) of Section 6586.5,
shall be sent by certified mail to the Attorney General and the
California Debt and Investment Advisory Commission not later than
five days after adoption by the authority.
(b) This section does not apply to bonds:
(1) Specified in subdivision (c) of Section 6586.5.
(2) Issued pursuant to the Community Redevelopment Law, Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code.
(3) To finance transportation facilities and vehicles.
(4) To finance a facility that is located within the boundaries of
an authority, provided that the authority that issues those bonds
consists of any of the following:
(A) Local agencies with overlapping boundaries.
(B) A county and a local agency or local agencies located entirely
within that county.
(C) A city and a local agency or local agencies located entirely
within that city.
(5) To finance a facility for which an authority has received an
allocation from the California Debt Limit Allocation Committee.
(6) Of an authority that consists of no less than 250 local
agencies and the agreement that established that authority requires
the governing body of the local agency that is a member of the
authority in whose jurisdiction the facility will be located to
approve the facility and the issuance of the bonds.
(a) A copy of the resolution adopted by an authority
authorizing bonds or any issuance of bonds, or accepting the benefit
of any bonds or proceeds of bonds, except bonds issued or authorized
pursuant to Article 1 (commencing with Section 6500), or bonds issued
for the purposes specified in subdivision (c) of Section 6586.5,
shall be sent by certified mail to the Attorney General and the
California Debt and Investment Advisory Commission not later than
five days after adoption by the authority.
(b) This section does not apply to bonds:
(1) Specified in subdivision (c) of Section 6586.5.
(2) Issued pursuant to the Community Redevelopment Law, Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code.
(3) To finance transportation facilities and vehicles.
(4) To finance a facility that is located within the boundaries of
an authority, provided that the authority that issues those bonds
consists of any of the following:
(A) Local agencies with overlapping boundaries.
(B) A county and a local agency or local agencies located entirely
within that county.
(C) A city and a local agency or local agencies located entirely
within that city.
(5) To finance a facility for which an authority has received an
allocation from the California Debt Limit Allocation Committee.
(6) Of an authority that consists of no less than 100 local
agencies and the agreement that established that authority requires
the governing body of the local agency that is a member of the
authority in whose jurisdiction the facility will be located to
approve the facility and the issuance of the bonds.
This article does not limit any other law authorizing, or
providing for, the financing of public capital improvements.
Likewise, this article does not limit any other law regarding local
indebtedness, or limit the exercise of any other power of an
authority created pursuant to this chapter. This article shall be
deemed to provide a complete and supplemental method for exercising
the powers authorized by this article, and shall be deemed as being
supplemental to the powers conferred by other applicable laws. The
issuance of bonds, financing, or refinancing under this article need
not comply with the requirements of any other state laws applicable
to the issuance of bonds, including, but not limited to, other
articles of this chapter.
In addition to other powers specified in an agreement
pursuant to Article 1 (commencing with Section 6500) and Article 2
(commencing with Section 6540), the authority may do any or all of
the following:
(a) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(b) Sue and be sued in its own name.
(c) Issue bonds, including, at the option of the authority, bonds
bearing interest, to pay the cost of any public capital improvement,
working capital, or liability or other insurance program. In
addition, for any purpose for which an authority may execute and
deliver or cause to be executed and delivered certificates of
participation in a lease or installment sale agreement with any
public or private entity, the authority, at its option, may issue or
cause to be issued bonds, rather than certificates of participation,
and enter into a loan agreement with the public or private entity.
(d) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this article.
(e) As provided by applicable law, employ and compensate bond
counsel, financial consultants, and other advisers determined
necessary by the authority in connection with the issuance and sale
of any bonds.
(f) Contract for engineering, architectural, accounting, or other
services determined necessary by the authority for the successful
development of a public capital improvement.
(g) Pay the reasonable costs of consulting engineers, architects,
accountants, and construction, land-use, recreation, and
environmental experts employed by any sponsor or participant if the
authority determines those services are necessary for the successful
development of public capital improvements.
(h) Take title to, sell by installment sale or otherwise, or lease
lands, structures, real or personal property, rights, rights-of-way,
franchises, easements, and other interests in lands that are located
within the state that the authority determines are necessary or
convenient for the financing of public capital improvements, or any
portion thereof.
(i) Receive and accept from any source, loans, contributions, or
grants, in either money, property, labor, or other things of value,
for, or in aid of, the construction financing, or refinancing of
public capital improvement, or any portion thereof or for the
financing of working capital or insurance programs, or for the
payment of the principal of and interest on bonds if the proceeds of
those bonds are used for one or more of the purposes specified in
this section.
(j) Make secured or unsecured loans to any local agency in
connection with the financing of capital improvement projects,
working capital or insurance programs in accordance with an agreement
between the authority and the local agency. However, no loan shall
exceed the total cost of the public capital improvements, working
capital or insurance needs of the local agency as determined by the
local agency and by the authority.
(k) Make secured or unsecured loans to any local agency in
accordance with an agreement between the authority and the local
agency to refinance indebtedness incurred by the local agency in
connection with public capital improvements undertaken and completed.
(l) Mortgage all or any portion of its interest in public capital
improvements and the property on which any project is located,
whether owned or thereafter acquired, including the granting of a
security interest in any property, tangible or intangible.
(m) Assign or pledge all or any portion of its interests in
mortgages, deeds of trust, indentures of mortgage or trust, or
similar instruments, notes, and security interests in property,
tangible or intangible, of a local agency to which the authority has
made loans, and the revenues therefrom, including payment or income
from any interest owned or held by the authority, for the benefit of
the holders of bonds issued to finance public capital improvements.
The pledge of moneys, revenues, accounts, contract rights, or rights
to payment of any kind made by or to the authority pursuant to the
authority granted in this part shall be valid and binding from the
time the pledge is made for the benefit of the pledgees and
successors thereto, against all parties irrespective of whether the
parties have notice of the claim.
(n) Lease the public capital improvements being financed to a
local agency, upon terms and conditions that the authority deems
proper; charge and collect rents therefor; terminate any lease upon
the failure of the lessee to comply with any of the obligations of
the lease; include in any lease provisions that the lessee shall have
options to renew the lease for a period or periods, and at rents as
determined by the authority; purchase or sell by an installment
agreement or otherwise any or all of the public capital improvements;
or, upon payment of all the indebtedness incurred by the authority
for the financing or refinancing of the public capital improvements,
the authority may convey any or all of the project to the lessee or
lessees.
(o) Charge and apportion to local agencies that benefit from its
services the administrative costs and expenses incurred in the
exercise of the powers authorized by this article. These fees shall
be set at a rate sufficient to recover, but not exceed, the authority'
s costs of issuance and administration. The fee charged to each local
obligation acquired by the pool shall not exceed that obligation's
proportionate share of those costs. The level of these fees shall be
disclosed to the California Debt and Investment Advisory Commission
pursuant to Section 6599.1.
(p) Issue, obtain, or aid in obtaining, from any department or
agency of the United States or of the state, or any private company,
any insurance or guarantee to, or for, the payment or repayment of
interest or principal, or both, or any part thereof, on any loan,
lease, or obligation or any instrument evidencing or securing the
same, made or entered into pursuant to this article.
(q) Notwithstanding any other provision of this article, enter
into any agreement, contract, or any other instrument with respect to
any insurance or guarantee; accept payment in the manner and form as
provided therein in the event of default by a local agency; and
assign any insurance or guarantee that acts as security for the
authority's bonds.
(r) Enter into any agreement or contract, execute any instrument,
and perform any act or thing necessary, convenient, or desirable to
carry out any power authorized by this article.
(s) Invest any moneys held in reserve or sinking funds, or any
moneys not required for immediate use or disbursement, in obligations
that are authorized by law for the investment of trust funds.
(t) At the request of affected local agencies, combine and pledge
revenues to public capital improvements for repayment of one or more
series of bonds issued pursuant to this article.
(u) Delegate to any of its individual parties or other responsible
individuals the power to act on its behalf subject to its general
direction, guidelines, and oversight.
(v) Purchase, with the proceeds of its bonds or its revenue, bonds
issued by any local agency at public or negotiated sale. Bonds
purchased pursuant to this subdivision may be held by the authority
or sold to public or private purchasers at public or negotiated sale,
in whole or in part, separately or together with other bonds issued
by the authority.
(w) Purchase, with the proceeds of its bonds or its revenue, VLF
receivables sold to the authority pursuant to Section 6588.5. VLF
receivables so purchased may be pledged to the payment of bonds
issued by the authority or may be resold to public or private
purchasers at public or negotiated sale, in whole or in part,
separately or together with other VLF receivables purchased by the
authority.
(x) (1) Purchase, with the proceeds of its bonds or its revenue,
Proposition 1A receivables pursuant to Section 6588.6. Proposition 1A
receivables so purchased may be pledged to the payment of bonds
issued by the authority or may be resold to public or private
purchasers at public or negotiated sales, in whole or in part,
separately or together with other Proposition 1A receivables
purchased by the authority.
(2) (A) All entities subject to a reduction of ad valorem property
tax revenues required under Section 100.06 of the Revenue and
Taxation Code pursuant to the suspension set forth in Section 100.05
of the Revenue and Taxation Code shall be afforded the opportunity to
sell their Proposition 1A receivables to the authority.
(B) If these entities offer Proposition 1A receivables to the
authority for purchase and duly authorize the sale of the Proposition
1A receivable pursuant to documentation approved by the authority,
the authority shall purchase all Proposition 1A receivables so
offered to the extent it can sell bonds therefor. If the authority
does not purchase all Proposition 1A receivables offered, it shall
purchase a pro rata share of each entity's offered Proposition 1A
receivables.
(C) The authority may establish a deadline, no earlier than
November 3, 2009, by which these entities shall offer their
Proposition 1A receivables for sale to the authority and complete the
application required by the authority.
(3) For purposes of meeting costs incurred in performing its
duties relative to the purchase and sale of Proposition 1A
receivables, the authority shall be authorized to charge a fee to
each entity from which it purchases a Proposition 1A receivable. The
fee shall be computed based on the percentage value of the
Proposition 1A receivable purchased from each entity, in relation to
the value of all Proposition 1A receivables purchased by the
authority. The amount of the fee shall be paid from the proceeds of
the bonds and shall be included in the principal amount of the bonds.
(4) Terms and conditions of any and all fees and expenses charged
by the authority, or those it contracts with, and the terms and
conditions of sales of Proposition 1A receivables and bonds issued
pursuant to this subdivision, including the terms of optional early
redemption provisions, if any, shall be approved by the Treasurer and
the Director of Finance, who shall not unreasonably withhold their
approval. The aggregate principal amount of all bonds issued pursuant
to this subdivision shall not exceed two billion two hundred fifty
million dollars ($2,250,000,000), and the rate of interest paid on
those bonds shall not exceed 8 percent per annum. The authority shall
exercise its best efforts to obtain the lowest cost financing
possible. Any and all premium obtained shall be used for either of
the following:
(A) Applied to pay the costs of issuance of the bonds.
(B) Deposited in a trust account that is pledged to bondholders
and used solely for the payment of interest on, or for repayment of,
the bonds.
(5) (A) In connection with any financing backed by Proposition 1A
receivables, the Treasurer may retain financial advisors, legal
counsel, and other consultants to assist in performing the duties
required by this chapter and related to that financing.
(B) Notwithstanding any other law, none of the following shall
apply to any agreements entered into by the Treasurer pursuant to
subparagraph (A) in connection with any Proposition 1A financing:
(i) Section 11040 of the Government Code.
(ii) Section 10295 of the Public Contract Code.
(iii) Article 3 (commencing with Section 10300) and Article 4
(commencing with Section 10335) of, Chapter 2 of Part 2 of Division 2
of the Public Contract Code, except for the authority of the
Department of Finance under Section 10336 of the Public Contract Code
to direct a state agency to transmit to it a contract for review,
and except for Section 10348.5 of the Public Contract Code.
(C) Any costs incurred by the Treasurer in connection with any
Proposition 1A financing shall be reimbursed out of the proceeds of
the financing.
(y) Set any other terms and conditions on any purchase or sale
pursuant to this section as it deems by resolution to be necessary,
appropriate, and in the public interest, in furtherance of the
purposes of this article.
(a) An authority that was in existence at the time of the
enactment of this section may purchase, with the proceeds of its
bonds or its revenue, VLF receivables from one or more local
agencies. The authority may pledge, assign, resell or otherwise
transfer or hypothecate any VLF receivables for the purpose of
securing bonds issued to finance the purchase price of the VLF
receivables.
(b) Notwithstanding any other provision of law, local agencies may
sell VLF receivables to the authority, at one time or from time to
time, and to enter into one or more sales agreements with an
authority as and on the terms the local agency deems appropriate. The
sales agreement may include covenants of, and binding on, the local
agency necessary to establish and maintain the security of bonds
issued by the authority for the purpose of purchasing the VLF
receivables and, if applicable, the exclusion from gross income of
interest on the bonds for federal income tax purposes. Any transfer
of some or all of a VLF receivable by a local agency to the authority
under this article that the governing documents state is a sale
shall be treated as an absolute sale and transfer of the property so
transferred to the authority and not as a pledge or grant of a
security interest by the local agency to secure a borrowing. The
characterization of the transfer of any VLF receivable as an absolute
sale by the local agency shall not be negated or adversely affected
by any of the following:
(1) The fact that only a portion of the VLF receivable is
transferred.
(2) By the local agency's acquisition of an ownership interest in
any residual interest or a subordinate interest in the VLF
receivable.
(3) By any characterization of the authority or its bonds for
purposes of accounting, taxation, or securities regulation.
(4) By any other factor.
(c) On and after the effective date of each transfer of a VLF
receivable under this article that the governing documents state is a
sale, the local agency shall have no right, title, or interest in or
to the VLF receivable transferred, and the VLF receivable so
transferred shall be the property of the authority and not of the
local agency, and shall be owned, received, held, and disbursed only
by the authority or any trustee or agent of the authority appointed
by the authority. Any sale of some or all of any VLF receivable shall
automatically be perfected without the need for physical delivery,
recordation, filing, or further act, and the provisions of Division 9
(commencing with Section 9101) of the Commercial Code and Sections
954.5 to 955.1, inclusive, of the Civil Code shall not apply to the
sale. None of the VLF receivables sold by the local agency pursuant
to this article shall be subject to garnishment, levy, execution,
attachment, or other process, writ, including, but not limited to, a
writ of mandate, or remedy in connection with the assertion or
enforcement of any debt, claim, settlement, or judgment against the
local agency. On or before the effective date of any sale of a VLF
receivable, the local agency shall notify the Controller that the VLF
receivable has been sold to the authority and irrevocably instruct
the payor that, as of the effective date, payments on the VLF
receivable so sold are to be made directly to the authority or any
trustee or agent appointed by the authority.
(d) The state hereby covenants, for the benefit of the holders of
any bonds issued by the authority pursuant to this article payable
from VLF receivables purchased by the authority, that it will not
take any action that would materially adversely affect the interest
of the holders of these bonds or otherwise impair the security of
these bonds, so long as any of these bonds remain outstanding.
(a) An authority that was in existence on July 28, 2009,
may purchase, with the proceeds of its bonds or its revenue,
Proposition 1A receivables from one or more local agencies. The
authority may pledge, assign, resell, or otherwise transfer or
hypothecate any Proposition 1A receivables for the purpose of
securing bonds issued to finance the purchase price of the
Proposition 1A receivables.
(b) Notwithstanding any other law, local agencies may sell
Proposition 1A receivables to the authority and enter into one or
more sales agreements with an authority as, and on the terms, the
local agency deems appropriate. The sales agreement may include
covenants of, and binding on, the local agency as necessary to
establish and maintain the security of bonds issued by the authority
for the purpose of purchasing the Proposition 1A receivables and, if
applicable, the exclusion from gross income of interest on the bonds
for federal income tax purposes. Any transfer of some or all of a
Proposition 1A receivable by a local agency to the authority under
this article that the governing documents state is a sale shall be
treated as an absolute sale and transfer of the property so
transferred to the authority and not as a pledge or grant of a
security interest by the local agency to secure a borrowing. The
characterization of the transfer of any Proposition 1A receivable as
an absolute sale by the local agency shall not be negated or
adversely affected by any of the following:
(1) The fact that only a portion of the Proposition 1A receivable
is transferred.
(2) By the local agency's acquisition of an ownership interest in
any residual interest or a subordinate interest in the Proposition 1A
receivable.
(3) By any characterization of the authority or its bonds for
purposes of accounting, taxation, or securities regulation.
(4) By any other factor.
(c) On and after the effective date of each transfer of a
Proposition 1A receivable under this article that the governing
documents state is a sale, the local agency shall have no right,
title, or interest in or to the Proposition 1A receivable
transferred, and the Proposition 1A receivable so transferred shall
be the property of the authority and not of the local agency, and
shall be owned, received, held, and disbursed only by the authority
or any trustee or agent of the authority appointed by the authority.
Any sale of some or all of any Proposition 1A receivable shall
automatically be perfected without the need for physical delivery,
recordation, filing, or further act, and the provisions of Division 9
(commencing with Section 9101) of the Commercial Code and Sections
954.5 to 955.1, inclusive, of the Civil Code shall not apply to the
sale. None of the Proposition 1A receivables sold by the local agency
pursuant to this article shall be subject to garnishment, levy,
execution, attachment, or other process, writ, including, but not
limited to, a writ of mandate, or remedy in connection with the
assertion or enforcement of any debt, claim, settlement, or judgment
against the local agency. On or before the effective date of any sale
of a Proposition 1A receivable, the local agency shall notify the
Controller that the Proposition 1A receivable has been sold to the
authority and irrevocably instruct the payer that, as of the
effective date, payments on the Proposition 1A receivable so sold are
to be made directly to the authority or any trustee or agent
appointed by the authority.
(d) The state hereby covenants, for the benefit of the holders of
any bonds issued by the authority pursuant to this article payable
from Proposition 1A receivables purchased by the authority, that it
will not take any action that would materially adversely affect the
interest of the holders of these bonds or otherwise impair the
security of these bonds, so long as any of these bonds remain
outstanding.
(e) (1) On or before September 15, 2009, each county auditor shall
prepare a list of each taxing agency within the county containing
the name of the taxing agency and the estimated amount of the
Proposition 1A receivable for each taxing agency.
(2) On or before October 30, 2009, each county auditor shall
prepare a list of each taxing agency within the county containing the
name of the taxing agency and the final certified amount of the
Proposition 1A receivable for each taxing agency.
(3) A list prepared pursuant to paragraph (1) or (2) shall be made
available to the authority, the Department of Finance, or any taxing
agency upon request.
(4) The authority and the holders of the authority's bonds issued
to finance Proposition 1A receivables shall be entitled to rely on
the certified list prepared pursuant to paragraph (2).
(a) An authority whose financing activities are limited to
financing utility projects and projects for the use or benefit of
public water agencies may finance utility projects as provided in
this section, including the issuance of rate reduction bonds and the
imposition and adjustment of utility project charges.
(b) (1) A local agency that owns and operates a publicly owned
utility may apply to an authority specified in subdivision (a) to
finance costs of a utility project for the publicly owned utility
with the proceeds of rate reduction bonds if at the time of
application, bonds payable from revenues of the publicly owned
utility are, or upon issuance would be, rated investment grade by a
nationally recognized rating agency. In its application to an
authority for the financing, the local agency shall specify the
utility project to be financed by the rate reduction bonds, the
maximum principal amount, the maximum interest rate, and the maximum
stated terms of the rate reduction bonds.
(2) In order to allow the state to review the issuance of rate
reduction bonds, collect data, ensure transparency, and conduct an
independent analysis of the effectiveness of the use of rate
reduction bonds pursuant to this section, the California Pollution
Control Financing Authority, as defined in Section 44504 of the
Health and Safety Code, shall review each issue of bonds and shall
determine whether the issue is qualified for issuance under the
provisions of this section. The California Pollution Control
Financing Authority shall determine that an issue of rate reduction
bonds is qualified for issuance under this section, if the issuance
satisfies all of the following:
(A) The issuance meets the criteria specified in paragraphs (1) to
(3), inclusive, of subdivision (c).
(B) The projected financing costs, as defined in subdivision (g)
of Section 6585, fall within the normal range of financing costs for
comparable types of debt issuance.
(3) The California Pollution Control Financing Authority shall
establish procedures for the expeditious review of a proposed
issuance pursuant to this section, including, but not limited to, the
establishment of reasonable application fees to reimburse the
California Pollution Control Financing Authority for costs incurred
in administering this section.
(4) The California Pollution Control Financing Authority shall
provide an explanation in writing for any refusal to qualify a
proposed issuance but may not alter or modify any term or condition
related to the utility project property.
(5) The California Pollution Control Financing Authority shall
take action on any completed application submitted to it pursuant to
this section no later than the next meeting of the California
Pollution Control Financing Authority that occurs after at least 60
days following receipt of the application.
(6) The review and qualification pursuant to this section may be
concurrent with an authority's processing of an application for
financing so as to allow for the issuance of rate reduction bonds as
quickly as feasible.
(7) Notwithstanding any other law, the California Pollution
Control Financing Authority may adopt regulations relating to this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3. For purposes
of Chapter 3.5 (commencing with Section 11340), including Section
11349.6, the adoption of the regulations shall be considered by the
Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
(8) Annually, no later than March 31, the California Pollution
Control Financing Authority shall submit to the Legislature a report
of its activities pursuant to this section for the preceding calendar
year ended December 31. The California Pollution Control Financing
Authority shall require information from applicants to ensure that
the necessary data is available to complete this report. The report
may be submitted as a part of the report required pursuant to Section
44538 of the Health and Safety Code. The report shall include all of
the following:
(A) A listing of applications received.
(B) A listing of proposed issuances qualified under the provisions
of this section.
(C) A report of bonds sold, the interest rates on the bonds,
whether the bond sales were pursuant to public bid or were
negotiated, and any rating given the bonds by a nationally recognized
securities rating organization.
(D) A specification of proposed issuances qualified but not yet
issued.
(E) A comparison of the interest rates and transactional costs on
issuances qualified under this section with interest rates on
comparable types of debt issuance occurring at or near the same time
as the issuances.
(9) (A) The requirement for submitting a report imposed under
paragraph (8) is inoperative on December 31, 2020.
(B) A report to be submitted pursuant to paragraph (8) shall be
submitted in compliance with Section 9795.
(c) A local agency shall not apply to an authority for financing
of a utility project pursuant to this section unless the legislative
body of the local agency has determined all of the following:
(1) The project to be financed is a utility project.
(2) The local agency is electing to finance costs of the utility
project pursuant to this section and the financing costs associated
with the financing are to be paid from utility project property,
including the utility project charge for the rate reduction bonds
issued for the utility project in accordance with this section.
(3) Based on information available to, and projections used by,
the legislative body, the rates of the publicly owned utility plus
the utility project charge resulting from the financing of the
utility project with rate reduction bonds are expected to be lower
than the rates of the publicly owned utility if the utility project
was financed with bonds payable from revenues of the publicly owned
utility.
(d) (1) Subject to the requirements of Article XIII D of the
California Constitution, an authority financing the costs of a
utility project or projects for a local agency's publicly owned
utility with rate reduction bonds is authorized and directed to
impose and collect a utility project charge with respect to the rate
reduction bonds as provided in this section. The imposition of the
utility project charge shall be made and evidenced by the adoption of
a financing resolution by the governing body of the authority. The
financing resolution with respect to financing a utility project or
project with rate reduction bonds for a publicly owned utility shall
include all of the following:
(A) The addition of a separate charge to the bill of each customer
of the publicly owned utility in the class or classes of customers
specified in the financing resolution.
(B) A description of the financial calculation, formula, or other
method that the authority is to use to determine the utility project
charge. The calculation, formula or other method shall include a
periodic adjustment method to the then current utility project
charge, to be applied at least annually, that shall be used by the
authority to correct for any overcollection or undercollection of
financing costs from the utility project charge or any other
adjustment necessary to ensure timely payment of the financing costs
of the rate reduction bonds, including, but not limited to, the
adjustment of the utility project charge to pay any debt service
coverage requirement for the rate reduction bonds. The financial
calculation, formula, or other method, including the periodic
adjustment method, established in the financing resolution pursuant
to this section, and the allocation of utility project charges to,
and among, customers of the publicly owned utility shall be decided
solely by the governing body of the authority and shall be final and
conclusive. In no event shall the periodic adjustment method
established in the financing resolution be applied less frequently
than required by the financing resolution and the documents relating
to the applicable rate reduction bonds. Once the financial
calculation, formula, or other method for determining the utility
project charge, and the periodic adjustment method, have been
established in the financing resolution and have become final and
conclusive as provided in this section, they shall not be changed.
(C) Notwithstanding any other provision of this section, in no
event shall a utility project charge exceed the maximum rate
permitted under Article XIII D of the California Constitution.
(D) A requirement that the authority enter into a servicing
agreement for the collection of the utility project charge with the
local agency for which the financing is undertaken or its publicly
owned utility and the local agency or its publicly owned utility
shall act as a servicing agent for purposes of collecting the utility
project charge as long as the servicing agreement remains in effect.
Moneys collected by the local agency or its publicly owned utility,
acting as a servicing agent on behalf of the authority, as a utility
project charge shall be held in trust for the exclusive benefit of
the persons entitled to the financing costs to be paid, directly or
indirectly, from the utility project charge and shall not lose their
character as revenues of the authority by virtue of possession by the
local agency or its publicly owned utility. The local agency or its
publicly owned utility shall provide the authority with the
information as to estimated sales of water and any other information
concerning the publicly owned utility required by the authority in
connection with the initial establishment and the adjustment of the
utility project charge.
(2) The determination of the legislative body of the local agency
that a project to be financed with rate reduction bonds is a utility
project shall be final and conclusive and the rate reduction bonds
issued to finance the utility project and the utility project charge
imposed relating to the rate reduction bonds shall be valid and
enforceable in accordance with the terms of the financing resolution
and the documents relating to the rate reduction bonds. The authority
shall require, in its financing resolution with respect to a utility
project charge, that as long as a customer in the class or classes
of customers specified in the financing resolution receive water
through the facilities of the publicly owned utility, the customer
shall pay the utility project charge regardless of whether or not the
customer has an agreement to purchase water from a person or entity
other than the publicly owned utility. The utility project charge
shall be a nonbypassable charge to all customers of the publicly
owned utility in the class or classes of customers specified in the
financing resolution at the time of adoption of the financing
resolution and all future customers in that class or classes. If a
customer of the publicly owned utility that is subject to a utility
project charge enters into an agreement to purchase water from a
person or entity other than the publicly owned utility, the customer
shall remain liable for the payment of its share of the utility
project charge as if it had not entered into the agreement. The
liability may be discharged by the continued payment of its share of
the utility project charge as it accrues or by a one-time payment, as
determined by the authority. All provisions of a financing
resolution adopted pursuant to this subdivision shall be binding on
the authority.
(3) The timely and complete payment of all utility project charges
by a person liable for the charges shall be a condition of receiving
water service from the publicly owned utility of the local agency
and each of the local agencies and their publicly owned utilities is
authorized to use its established collection policies and all rights
and remedies provided by law to enforce payment and collection of the
utility project charge. In no event shall a person liable for a
utility project charge be entitled or authorized to withhold payment,
in whole or in part, of the utility project charge for any reason.
(4) The authority shall determine whether adjustments to the
utility project charge relating to rate reduction bonds are required
upon the issuance of the rate reduction bonds and at least annually,
and at additional intervals as may be provided for in the financing
resolution or the documents relating to the rate reduction bonds.
Each adjustment shall be made and put into effect in accordance with
the financial calculation, formula, or other method that the
authority is to use to determine the utility project charge pursuant
to the financing resolution expeditiously after the authority's
determination that the adjustment is required.
(5) All revenues with respect to utility project property related
to rate reduction bonds, including payments of the utility project
charge, shall be applied first to the payment of the financing costs
of the related rate reduction bonds then due, including the funding
of reserves for the rate reduction bonds, with any excess being
applied as determined by the authority for the benefit of the utility
for which the rate reduction bonds were issued.
(6) The authority shall be obligated to impose and collect the
utility project charge relating to rate reduction bonds in amounts,
based on estimates of water usage subject to the utility project
charge, sufficient to pay on a timely basis the financing costs
associated with the rate reduction bonds when due. The pledge of a
utility project charge to secure the payment of rate reduction bonds
shall be irrevocable, and the State of California, the authority, or
any limited liability company acting pursuant to subdivision (i)
shall not reduce, impair, or otherwise adjust the utility project
charge, except that the authority shall implement the periodic
adjustments to the utility project charge relating to rate reduction
bonds as required by the applicable financing resolution and the
documents relating to the rate reduction bonds. Revenue from a
utility project charge shall be deemed special revenue of the
authority and shall not constitute revenue of the local agency or its
publicly owned utility for any purpose, including without
limitation, any dedication, commitment, or pledge of revenue,
receipts, or other income that the local agency or its publicly owned
utility has made or will make for the security of any of its
obligations.
(7) A utility project charge shall constitute a utility project
property when, and to the extent that, a financing resolution
authorizing the utility project charge has become effective in
accordance with its terms, and the utility project property shall
thereafter continuously exist as property for all purposes with all
of the rights and privileges of this section for the period, and to
the extent, provided in the financing resolution, but in any event
until all financing costs with respect to the related rate reduction
bonds are paid in full, including all arrearages thereon.
(8) Utility project property shall constitute a current property
right notwithstanding that the value of the property right will
depend on consumers using water or, in those instances where
consumers are customers of the publicly owned utility, the publicly
owned utility performing certain services.
(9) If a local agency for which rate reduction bonds have been
issued and remain outstanding ceases to operate a water utility,
either directly or through its publicly owned utility, references in
this section to the local agency or to its publicly owned utility
shall be to the entity providing water utility services in lieu of
the local agency and the entity shall assume and perform all
obligations of the local agency and its publicly owned utility
required by this section and the servicing agreement with the local
agency while the rate reduction bonds remain outstanding.
(e) (1) Rate reduction bonds shall be within the parameters of the
financing set forth by the local agency pursuant to subdivision (b)
in connection with the rate reduction bonds and the proceeds of the
rate reduction bonds made available to the local agency or its
publicly owned utility shall be used for the utility project
identified in the application for financing of the utility project or
projects pursuant to subdivision (b).
(2) An authority shall authorize the issuance of rate reduction
bonds by a resolution of its governing body. An authority issuing
rate reduction bonds shall include in its preliminary notice and
final report for the rate reduction bonds submitted to the California
Debt and Investment Advisory Commission pursuant to Section 8855 a
statement that the rate reduction bonds are being issued pursuant to
this section. An authority issuing rate reduction bonds shall include
in its final report for the rate reduction bonds submitted to the
California Debt and Investment Advisory Commission pursuant to
Section 8855 the savings realized by issuing the rate reduction bonds
rather than bonds payable from the revenues of the publicly owned
utility for whose benefit the rate reduction bonds were issued. Rate
reduction bonds shall be nonrecourse to the credit or any assets of
the local agency and the publicly owned utility for which the utility
project is financed and shall be payable from, and secured by a
pledge of, the utility project property relating to the rate
reduction bonds and any additional security or credit enhancement
specified in the documents relating to the rate reduction bonds.
(3) An authority issuing rate reduction bonds shall pledge the
utility project property relating to the rate reduction bonds as
security for the payment of the rate reduction bonds, which pledge
shall be made pursuant to, and with the effect set forth in Section
5451. All rights of an authority with respect to utility project
property pledged as security for the payment of rate reduction bonds
shall be for the benefit of, and enforceable by, the beneficiaries of
the pledge to the extent provided in the documents relating to the
rate reduction bonds.
(4) To the extent that any interest in utility project property is
pledged as security for the payment of rate reduction bonds, the
applicable local agency or its publicly owned utility shall contract
with the authority, which contract shall be part of the utility
project property, that the local agency or its publicly owned utility
will continue to operate its publicly owned utility system that
includes the financed utility project to provide service to its
customers, will, as servicer, collect amounts in respect of the
utility project charge for the benefit and account of the authority
and the beneficiaries of the pledge of the utility project charge and
will account for and remit these amounts to, or for the account of,
the authority.
(5) Notwithstanding any other law, any requirement under this
section, a financing resolution, any other resolution of the
authority, or the provisions of the documents relating to rate
reduction bonds to the effect that the authority shall take action
with respect to the utility project property relating to the rate
reduction bonds shall be binding upon the authority, as its governing
body may be constituted from time to time, and the authority shall
have no power or right to rescind, alter, or amend any resolution or
document containing the requirement.
(6) Notwithstanding any other law, except as otherwise provided in
this section with respect to adjustments to a utility project
charge, the recovery of the financing costs for the rate reduction
bonds from the utility project charge shall be irrevocable and the
authority shall not have the power either by rescinding, altering, or
amending the applicable financing resolution or otherwise, to
revalue or revise for ratemaking purposes the financing costs of rate
reduction bonds, determine that the financing costs for the related
rate reduction bonds or the utility project charge is unjust or
unreasonable, or in any way reduce or impair the value of utility
project property that includes the utility project charge, either
directly or indirectly; nor shall the amount of revenues arising with
respect to the financing costs for the related rate reduction bonds
or the utility project charge be subject to reduction, impairment,
postponement, or termination for any reason until all financing costs
to be paid from the utility project charge are fully met and
discharged. Except as otherwise provided in this section with respect
to adjustments to a utility project charge, the State of California
does hereby pledge and agree with the owners of rate reduction bonds
that the State of California shall neither limit nor alter the
financing costs or the utility project property, including the
utility project charge, relating to the rate reduction bonds, or any
rights in, to or under, the utility project property until all
financing costs with respect to the rate reduction bonds are fully
met and discharged. This section does not preclude limitation or
alteration if and when adequate provision shall be made by law for
the protection of the owners. The authority is authorized to include
this pledge and undertaking by the State of California in the
governing documents for rate reduction bonds. Notwithstanding any
other provision of this section, the authority shall make the
adjustments to the utility project charge relating to rate reduction
bonds provided by this section and the documents related to those
rate reduction bonds as may be necessary to ensure timely payment of
all financing costs with respect to the rate reduction bonds. The
adjustments shall not impose the utility project charge upon classes
of customers which were not subject to the utility project charge
pursuant to the financing resolution imposing the utility project
charge.
(f) (1) Financing costs in connection with rate reduction bonds do
not constitute a debt or liability of the State of California or of
any political subdivision thereof, other than the special obligation
of the authority, and do not constitute a pledge of the full faith
and credit of the State of California or any of its political
subdivisions, including the authority, but are payable solely from
the funds provided therefor under this section and in the documents
relating to the rate reduction bonds. This subdivision shall in no
way preclude guarantees or credit enhancements in connection with
rate reduction bonds. All the rate reduction bonds shall contain on
the face thereof a statement to the following effect:
Neither the full faith and credit nor the taxing power of the
State of California or any political subdivision thereof is pledged
to the payment of the principal of, or interest on, this bond.
(2) The issuance of rate reduction bonds shall not directly,
indirectly, or contingently obligate the State of California or any
political subdivision thereof to levy or to pledge any form of
taxation to pay the rate reduction bonds or to make any appropriation
for their payment.
(g) (1) Utility project property shall constitute property for all
purposes, including for contracts securing rate reduction bonds,
whether or not the revenues and proceeds arising with respect thereto
have accrued.
(2) Subject to the terms of the pledge document with respect to a
pledge of utility project property, the validity and relative
priority of a pledge created or authorized under this section is not
defeated or adversely affected by the commingling of revenues arising
with respect to the utility project property with other funds of the
local agency or the publicly owned utility collecting a utility
project charge on behalf of an authority.
(h) (1) There shall exist a statutory lien on the utility project
property relating to rate reduction bonds. Upon the effective date of
the financing resolution relating to rate reduction bonds, there
shall exist a first priority statutory lien on all utility project
property, then existing or, thereafter arising, to secure the payment
of the rate reduction bonds. This lien shall arise pursuant to law
by operation of this section automatically without any action on the
part of the authority, the local agency or its publicly owned
utility, or any other person. This lien shall secure the payment of
all financing costs, then existing or subsequently arising, to the
holders of the rate reduction bonds, the trustee or representative
for the holders of the rate reduction bonds, and any other entity
specified in the financing resolution or the documents relating to
the rate reduction bonds. This lien shall attach to the utility
project property regardless of who shall own, or shall subsequently
be determined to own, the utility project property including any
local agency or its publicly owned utility, the authority, or any
other person. This lien shall be valid and enforceable against the
owner of the utility project property and all third parties upon the
effectiveness of the financing resolution without any further public
notice.
(2) The statutory lien on utility project property created by this
section is a continuously perfected lien on all revenues and
proceeds arising with respect thereto, whether or not the revenues or
proceeds have accrued. Utility project property shall constitute
property for all purposes, including for contracts securing rate
reduction bonds, whether or not the revenues or proceeds arising with
respect thereto have accrued.
(3) In addition, the authority may require, in a financing
resolution creating utility project property, that, in the event of
default by the local agency or its publicly owned utility, in payment
of revenues arising with respect to the utility project property,
the authority, upon the application by the beneficiaries of the
statutory lien, and without limiting any other remedies available to
the beneficiaries by reason of the default, shall order the
sequestration and payment to the beneficiaries of revenues arising
with respect to the utility project property.
(i) Notwithstanding any other law, an authority that has financed
a utility project through the issuance of rate reduction bonds is not
authorized, and no governmental officer or organization shall be
empowered to authorize the authority, to become a debtor in a case
under the United States Bankruptcy Code (11 U.S.C. Sec. 1 et seq.) or
to become the subject of any similar case or proceeding under any
other law, whether federal or State of California, as long as any
payment obligation from utility project property remains with respect
to the rate reduction bonds.
(j) An authority may elect to effect a financing of a utility
project pursuant to this section through a single member limited
liability company formed by the authority by authorizing the company
to adopt the financing resolution and the authority's issuing rate
reduction bonds payable from, and secured by a pledge of, amounts
paid by the company to the authority from the applicable utility
project property pursuant to an agreement. The provisions of
subdivisions (g) and (h) shall apply to and be the exclusive method
of perfecting a pledge of utility project property by the company
securing the payment of financing costs under any agreement of the
company in connection with the issuance of rate reduction bonds.
Reference to the authority in this section and in all related defined
terms shall mean or include the company as necessary to implement
this subdivision.
(k) After December 31, 2020, the authority to issue rate reduction
bonds under this section terminates.
An authority may enter into a bond purchase agreement with a
local agency or agencies. The bond purchase agreement shall specify
the maximum rate of interest, the cost of issuance, the amount of
required reserve, and the procedure to be used in case of default.
Notwithstanding any other provision of law, local agencies may sell
their bonds to the authority on a negotiated basis without compliance
with any public sale requirement included in the statutes under
which the bonds are issued.
The authority may, from time to time, issue its bonds in the
principal amount as the authority determines necessary to provide
sufficient funds for its purposes, which may include, but shall not
be limited to, providing funds for bond purchase agreements, payment
of the purchase price of VLF receivables, payment of the purchase
price of Proposition 1A receivables, financing utility projects,
payment of interest on bonds of the authority, establishment of
reserves to secure the bonds, and other expenditures of the authority
incident to issuance of the bonds. The authority may also issue
bonds for the purpose of making loans to local agencies, to the
extent those local agencies are authorized by law to borrow moneys,
or to purchase VLF receivables from local agencies as provided in
Section 6588.5, or to purchase Proposition 1A receivables as provided
in Section 6588.6, and the loan or sale proceeds shall be used by
the local agencies to pay for public capital improvements, working
capital, or insurance programs. The aggregate principal amount of all
bonds issued pursuant to this section that are backed by Proposition
1A receivables shall not exceed two billion two hundred fifty
million dollars ($2,250,000,000), and that issuance shall be approved
by the Department of Finance and the Treasurer.
In the case of any authority in existence on January 1, 1988, no
loans shall be made to local agencies for working capital or
insurance, unless that purpose is first approved by resolution of the
governing body of the authority by unanimous vote of all members of
the governing body.
(a) In the case of bonds issued by an authority to acquire
local obligations, the offering documents for the bonds shall clearly
delineate investment criteria for the local obligations to be
acquired. The investment criteria shall specify the types of local
obligations eligible for acquisition by the authority, as well as
minimum standards of creditworthiness for these obligations.
(b) No financial advisor, investment advisor, underwriter, broker,
dealer, or municipal securities dealer shall recommend the purchase,
sale, or exchange of a municipal security to an authority unless
that financial advisor, investment advisor, underwriter, broker,
dealer, or municipal securities dealer has reasonable grounds to
believe and does believe that the recommendation is suitable for the
authority in light of the authority's investment criteria and
responsibility to safeguard public funds.
(c) In the case of bonds issued by an authority to acquire local
obligations, the underwriter of the bonds, and the financial advisor
and investment advisor to the authority, shall not sell to the
authority any security or obligation issued by a state or local
government from its dealer inventory or that it underwrote or
otherwise placed on behalf of another client.
(a) An authority shall solicit at least three bids, and
select the highest bid, for any guaranteed investment contract
purchased with the proceeds of bonds issued by the authority.
(b) (1) Any government securities broker or dealer that sells
government securities to an authority shall certify that the purchase
price of those securities is equal to the fair market value of those
securities.
(2) For purposes of this subdivision, "fair market value" means
the price a willing buyer would pay to a willing seller in an arms'
length transaction.
(a) The authority is authorized from time to time to issue
bonds to provide funds to achieve its purposes.
(b) Bonds may be authorized to finance any of the following:
(1) A single public capital improvement, utility projects, working
capital, purchase of VLF receivables, purchase of Proposition 1A
receivables, or insurance program for a single local agency.
(2) A series of public capital improvements, utility projects,
working capital, purchases of VLF receivables, purchase of
Proposition 1A receivables, or insurance program for a single local
agency.
(3) A single public capital improvement, utility projects, working
capital, purchases of Proposition 1A receivables, or purchases of
VLF receivables or insurance program for two or more local agencies.
(4) A series of public capital improvements, utility projects,
working capital, purchases of VLF receivables or purchases of
Proposition 1A receivables or insurance programs for two or more
local agencies.
(c) Bonds issued for the purpose of financing working capital
shall be used to make loans to local agencies for any of the purposes
for which a local agency may borrow money pursuant to Section 53852.
The loans shall be repaid in accordance with the terms of Section
53854.
(d) Except as otherwise expressly provided by the authority, every
issue of its bonds shall be general obligations of the authority
payable from any revenues or moneys of the authority available
therefor and not otherwise pledged. These revenues or moneys may
include the proceeds of additional bonds, subject only to any
agreements with the holders of particular bonds pledging any
particular revenues or moneys. Notwithstanding that the bonds may be
payable from a special fund, these bonds shall be deemed to be
negotiable instruments for all purposes, subject only to the bond
registration provisions.
(e) (1) The bonds may be issued as serial bonds or as term bonds,
or the authority may issue bonds of both types. The bonds shall be
authorized by resolution of the authority and shall, as provided by
the resolution or indenture pursuant to which the bonds are issued,
meet all of the following conditions:
(A) Bear the date of issuance.
(B) Bear the time of maturity, not exceeding 50 years from their
date of issuance.
(C) Bear the rate of interest, either fixed or variable, and, if
variable, not in excess of the maximum rate of interest specified
therein.
(D) Be payable as to principal and interest at the time or times
provided.
(E) Be in the denominations and in the form provided.
(F) Carry the registration privileges provided.
(G) Be executed in the manner provided.
(H) Be payable in lawful money of the United States at the place
or places provided within or without the state.
(I) Be subject to the terms of redemption provided.
(2) Notwithstanding paragraph (1), the bonds backed by Proposition
1A receivables shall have a maturity date no later than August 1,
2013.
(3) For bonds backed by Proposition 1A receivables, both of the
following shall apply:
(A) The option to call shall be exercised upon receipt by the
authority of a timely written notification from the Director of
Finance, but no earlier than 30 days after delivery by the director
of a written notice of the intent to do so to the Joint Legislative
Budget Committee.
(B) The bonds may bear interest payable on periodic interest
payment dates or may accrue interest to their maturity date or any
combination thereof, subject to the approval of the Department of
Finance and the State Treasurer pursuant to subdivision (x) of
Section 6588.
(f) The bonds shall be sold by the authority at the time and in
the manner set out in the authority's resolution. The sale may be a
public or private sale, and for price or prices, and on terms and
conditions as the authority determines proper, after giving due
consideration to the recommendations of any local agency to be
assisted from the proceeds of the bonds. Pending preparation of the
definitive bonds, the authority may issue interim receipts,
certificates, or temporary bonds which shall be exchanged for
definitive bonds. For bonds backed by Proposition 1A receivables, the
authority shall use its best efforts to obtain the lowest overall
cost of the bonds, and shall certify that it so used its best
efforts. The authority shall, in consultation with the Treasurer and
Department of Finance, structure the sale of the bonds backed by
Proposition 1A receivables and shall include those terms and
conditions approved by the Treasurer and the Department of Finance.
(g) In the case of bonds issued by an authority, on or after
January 1, 1995, for the purpose of purchasing bonds of a local
agency, all of the bonds of the local agency shall be purchased by
the authority from the proceeds of the authority bonds within 90 days
of the date of issuance of the authority bonds. Nothing in this
subdivision shall be construed to preclude an authority from issuing
parity bonds at any time.
(a) No broker, dealer, municipal securities dealer, or
other firm that underwrites a bond issue of an authority shall serve
as financial advisor or investment advisor to the authority on
decisions relating to the investment of the proceeds of that bond
issue.
(b) An authority and its financial advisor shall enter into a
written contract prior to the delivery of financial advisory
services. The contract shall specify the range of services that will
be delivered and the entire compensation to be paid to the financial
advisor.
Any resolution authorizing any bonds or any issue of bonds
may contain the following provisions, which shall be a part of the
contract with the holders of the bonds to be authorized:
(a) Provisions pledging the full faith and credit of the
authority, or pledging all or any part of the revenues of any public
capital improvements, or any revenue-producing contract or contracts
made by the authority with any local agency, any VLF receivables
purchased pursuant to Section 6588.5, any utility project property,
any Proposition 1A receivables purchased pursuant to Section 6588.6,
or any other moneys of the authority, to secure the payment of the
bonds, and of any special account, subject to those agreements with
bondholders as may then exist.
(b) Provisions setting out the rentals, fees, purchase payments,
loan repayments, and other charges, and the amounts to be raised in
each year thereby, and the use and disposition of the revenues.
(c) Provisions setting aside reserves or sinking funds, and the
regulation and disposition thereof.
(d) Limitations on the right of the authority or its agent to
restrict and regulate the use of the public capital improvements to
be financed out of the proceeds of the bonds or any particular issue
of bonds.
(e) Limitations on the purpose to which the proceeds of sale of
any issue of bonds may be applied, and pledging the proceeds to
secure the payment of the bonds or any issue of the bonds.
(f) Limitations on the issuance of additional bonds, the terms
upon which additional bonds may be issued and secured, and the
refunding of outstanding bonds.
(g) The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds and the
holders thereof that are required to give consent thereto, and the
manner in which the consent may be given.
(h) Limitations on expenditures for operating, administrative, or
other expenses of the authority.
(i) Definitions of acts or omissions to act which constitute a
default in the duties of the authority to holders of its obligations,
and providing the rights and remedies of the holders in the event of
a default.
(j) The mortgaging of any public capital improvements and the site
thereof for the purpose of securing the bondholders.
(k) The mortgaging of land, improvements, or other assets owned by
a local agency for the purpose of securing the bondholders.
(l) Procedures for the selection of public capital improvements to
be financed with the proceeds of the bonds authorized by the
resolution, if the bonds are to be sold in advance of designating the
public capital improvements and the local agency to receive the
financing.
A resolution authorizing bonds or any issuance of bonds or
accepting the benefit of any bonds or the proceeds of bonds shall be
adopted by an authority only during a regular meeting held pursuant
to Section 54954.
(a) No bonds issued by any local agency shall be purchased
pursuant to this article by an authority at a price to yield in
excess of 1 percent of the yield of the issue of bonds issued by the
authority to purchase the bonds of the local agency. For the purposes
of this subdivision, yield is determined on the issue date of the
bonds.
(b) At least 95 percent of the receipts by an authority from bonds
of a local agency purchased by the authority after January 1, 1995,
shall be used for any of the following:
(1) To pay principal, interest, redemption prices or fees for
credit enhancement on the issue of bonds of the authority used to
acquire those bonds of the local agency.
(2) To pay or reimburse administrative costs of the bonds of the
authority used to acquire those bonds of the local agency.
(3) To pay or reimburse a local agency for principal, interest, or
redemption price on bonds of that local agency.
(4) To establish reasonable reserves for the payment of debt
service on authority bonds.
(5) To purchase other bonds of a local agency.
(6) To pay or reimburse fees and expenses charged to the authority
by third parties, excluding any member of the authority, for
services relating to administration of the authority's bonds or of
the program established by the authority for purchase of local agency
bonds.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Administrative costs" means, and is limited to, costs of
issuing, carrying, or repaying the authority bonds.
(2) "Credit enhancement" means any municipal bond insurance,
surety bond, letter of credit, or other guaranty arrangement entered
into between an independent party and the authority or the local
agency that unconditionally shifts substantially all of the credit
risk for all or part of the payments on the issue of bonds guaranteed
by the credit enhancement and, in the case of bonds bearing a
variable rate of interest and containing a provision permitting or
requiring tender of the bonds by the bondholder, includes payments
against failure to remarket bonds.
(3) "Issue" means bonds that are issued by the same issuer on the
same issue date pursuant to the same plan of financing that are
reasonably expected to be paid from substantially the same source of
funds, without regard to credit enhancement or priority of lien.
(4) "Issue date" means the first date on which the authority, in
the case of an issue of bonds issued by the authority, or the local
agency, in the case of an issue of bonds issued by the local agency
for purchase by the authority, receives the purchase price of the
issue of bonds in exchange or the delivery of the evidence of
indebtedness representing the bonds of the issue.
(5) "Issue price" means, in the case of an issue of bonds issued
by the authority, the initial offering price to the public, excluding
bondhouses, underwriters, brokers, and other intermediaries, and
assuming that the issue price for each maturity of bonds of the issue
is equal to the price at which at least 10 percent of that maturity
was sold to the public, and if an issue is privately placed, means
the purchase of each maturity of bonds of the issue paid by the first
buyer of the obligation, excluding bondhouses, underwriters,
brokers, and other intermediaries. "Issue price" means, in the case
of an issue of bonds issued by the local agency, the purchase price
of each maturity of bonds of the issue paid by the authority to the
local agency.
(6) "Yield" means that discount rate that, when used in computing
the present value as of the issue date of all unconditionally payable
payments of principal, interest, and fees for credit enhancement on
the issue of bonds produces an amount equal to the present value,
using the same discount rate, of the aggregate issue price of bonds
of the issue as of the issue date. In the case of an issue of bonds
issued by a local agency for purchase by the authority, payments for
administrative costs shall not be taken into account in determining
the yield of those local agency bonds.
No member of the governing body of the authority shall be
personally liable on the bonds or be subject to any personal
liability or accountability by reason of the issuance of bonds.
The authority may, out of any funds available therefor,
purchase its bonds. The authority may hold, pledge, cancel, or resell
the bonds, subject to, and in accordance with, agreements with
bondholders.
Any bonds issued under this article may be secured by a trust
agreement between the authority and a corporate trustee or trustees,
which may include any trust company or bank having the powers of a
trust company within or without the state.
(a) The trust agreement or the resolution providing for the
issuance of the bonds may pledge or assign the revenues to be
received or the proceeds of any contract or contracts and may convey
or mortgage the project or projects, or any portion thereof, to be
financed out of the proceeds of the bonds. The trust agreement or
resolution providing for the issuance of the bonds may contain
provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation
of law, including provisions specifically authorized to be included
in any resolution or resolutions of the authority authorizing bonds.
(b) Any bank or trust company doing business under the laws of the
state which may act as a depository of the proceeds of bonds or of
revenues or other moneys shall furnish indemnifying bonds or pledge
securities when required by the authority.
(c) The trust agreement may set forth the rights and remedies of
the bondholders and of the trustee or trustees, and may restrict the
individual right of action by bondholders. In addition, any trust
agreement or resolution may contain other provisions the authority
determines to be reasonable and proper for the security of the
bondholders.
(a) The authority may issue bonds for the purpose of
refunding any bonds, notes, or other securities of the authority then
outstanding, including the payment of any redemption premium thereon
and any interest accrued, or to accrue, on their earliest or any
subsequent date of redemption, purchase, or maturity of these bonds.
The authority may issue bonds for the additional purpose of paying
all, or any part of, the costs of constructing and acquiring
additions, improvements, extensions, or enlargements of any public
capital improvement or any portion thereof.
(b) The proceeds of any bonds issued for the purpose of refunding
outstanding bonds may be applied to the purchase or retirement at
maturity or redemption of those outstanding bonds either on their
earliest or any subsequent redemption date or upon the purchase or
retirement at the maturity thereof and may, pending this application,
be placed in escrow to be applied to the purchase or retirement at
maturity or redemption of those outstanding bonds on the date as may
be determined by the authority.
(c) Pending this use, the escrowed proceeds may be invested and
reinvested in obligations of, or guaranteed by, the United States, or
in certificates of deposit or time deposits secured by obligations
of, or guaranteed by, the United States, maturing at the time or
times appropriate to assure prompt payment, of the principal,
interest, and redemption premium, if any, of the outstanding bonds to
be refunded. The interest, income, and profits, if any, earned or
realized on the investment may also be applied to the payment of the
outstanding bonds to be refunded. After the terms of the escrow have
been fully satisfied and carried out, any balance of the proceeds and
interest, income, and profits, if any, earned or realized on the
investments thereof, shall be returned to the authority for use in
carrying out the purposes of this article.
(d) The portion of the proceeds of the bonds issued for the
additional purpose of paying all, or any part of, the costs of
construction and acquiring additions, improvements, extensions, or
enlargements of any project may be invested and reinvested in
obligations of, or guaranteed by, the United States, or in
certificates of deposit or time deposits secured by obligations of,
or guaranteed by, the United States, maturing not later than the time
or times when these proceeds will be needed for the purpose of
paying all or any part of the costs. The interest, income, and
profits, if any, earned or realized on this investment may be applied
to the payment of all, or any part of, the costs or may be used by
the authority in carrying out the purposes of this article.
Bonds issued by the authority are legal investments for all
trust funds, the funds of all insurance companies, banks, both
commercial and savings, trust companies, executors, administrators,
trustees, and other fiduciaries, for state school funds, and for any
funds which may be invested in county, municipal, or school district
bonds. These bonds are securities which may legally be deposited
with, and received by, any state or municipal officer or agency or
political subdivision of the state for any purpose for which the
deposit of bonds or obligations of the state is now, or may hereafter
be, authorized by law, including deposits to secure public funds.
This authorization applies only to the extent that there exists
evidence of indebtedness or debt securities of the participating
party receiving financing through the issuance of these bonds which
qualify for, or are eligible for, these purposes and uses.
(a) The authority is not required to pay any property taxes
or assessments upon, or with respect to, any public capital
improvement or any property acquired by, or for, the authority under
this article, or upon the income therefrom, so long as the authority
holds title to the public capital improvement or to the property
contained in the public capital improvement.
(b) The exemption of the authority from taxation of any public
capital improvement ceases when title to the property is transferred
from the authority to any local agency whose property is otherwise
taxable. This section does not exempt any local agency whose property
is otherwise taxable from taxation, including, but not limited to,
taxation upon a possessory interest, with respect to any public
capital improvement, or the property or facilities contained in any
public capital improvement which may otherwise be applicable to the
participant.
The State of California does hereby pledge to, and agrees
with, the holders of any bonds issued under this article, and with
those parties who may enter into contracts with the authority
pursuant to this article, that the state will not limit or alter the
rights hereby vested in the authority to finance any public capital
improvement and to fulfill the terms of any loan agreement, lease, or
other contract with the authority pursuant to this part, or in any
way impair the rights or remedies of the bonds or of the parties
until those bonds, together with the interest thereon, are fully met
and discharged and those contracts are fully performed on the part of
the authority. However, nothing in this section precludes this
limitation or alteration if and when adequate provision has been made
by law for the protection of the holders of those bonds of the
authority or those entering into those contracts with the authority.
All public capital improvements financed by the authority
shall pay interest within a reasonable time after the authority
receives revenues or proceeds from bonds as provided under this
article.
All public capital improvements financed by the authority
shall be constructed or completed subject to the rules and
regulations of the authority. When the principal of, and interest on,
bonds of the authority issued to finance the cost of a particular
public capital improvement, including any refunding bonds issued to
refund and refinance all, or any part, of these bonds, have been
fully paid and retired, or when adequate provisions have been made
for their payment and retirement and all other conditions of any
resolution, lease, indenture, mortgage or deed of trust, security
interest, or any other instrument authorizing and securing the bonds
have been satisfied, and any lien created has been released in
accordance with the provisions thereof, the authority is authorized,
upon the terms and conditions it prescribes, to execute releases,
release deeds, reassignments, deeds, and conveyances and to do all
things necessary or required to convey or release its rights, title,
and interest in the public capital improvement financed and in any
other instruments pledged or transferred to secure bonds to local
agencies, as their respective interests may appear.
Interest earned on any bonds issued by the authority shall at
all times be free from state personal income tax and corporate
income tax.
Local agencies may request advice from the California Debt
and Investment Advisory Commission pursuant to Section 8859 regarding
the formation of local bond pooling authorities and the planning,
preparing, insuring, marketing, and selling of bonds as authorized
pursuant to this article.
(a) In an action filed pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to
determine the validity of any matter of an authority governed by
this article, the authority and any interested person shall serve the
Attorney General and the Treasurer with a copy of the complaint
filed by the respective party by the first day of the publication of
summons as required by Section 861 of the Code of Civil Procedure. A
court may render no judgment in the matter or grant other permanent
relief to any party except on proof of service of the Attorney
General and the Treasurer as required by this section.
(b) The Attorney General and the Treasurer are each interested
persons pursuant to an action filed pursuant to Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure to determine the validity of any authorizing bonds or the
issuance of bonds.
(c) Any authority that dismisses a validation action by formal act
and withdraws the resolution may not issue bonds to construct,
acquire, or finance a public capital improvement, except pursuant to
Article 1 (commencing with Section 6500), unless the authority
thereafter reauthorizes the issuance of the bonds and thereafter, if
applicable, complies with Sections 6586.5 and 6586.7.
(a) The legislative body shall, no later than 30 days prior
to the sale of any bonds pursuant to this article, give written
notice of the proposed sale to the California Debt and Investment
Advisory Commission by mail, postage prepaid, as required by Chapter
11.5 (commencing with Section 8855) of Division 1 of Title 2.
(b) Beginning January 1, 1996, each year after the sale of any
bonds by the authority for the purpose of acquiring local
obligations, the legislative body shall, not later than October 30 of
each year until the final maturity of the bonds, supply the
following information to the California Debt and Investment Advisory
Commission by mail, postage prepaid:
(1) The principal amount of bonds outstanding, both authority
bonds and local obligations acquired with the proceeds of authority
bonds.
(2) The balance in the reserve fund.
(3) The costs of issuance, including any ongoing fees.
(4) The total amount of administrative fees collected.
(5) The amount of administrative fees charged to each local
obligation.
(6) The interest earnings and terms of all guaranteed investment
contracts.
(7) Commissions and fees paid on guaranteed investment contracts.
(8) The delinquency rates on all local obligations.
(9) The balance in capitalized interest accounts.
(c) In addition, with respect to any bonds sold pursuant to this
article, regardless of when sold, and until the final maturity of the
bonds, the legislative body shall notify the California Debt and
Investment Advisory Commission by mail, postage prepaid, within 10
days if any of the following events occur:
(1) The local agency or its trustee fails to pay principal and
interest due on any scheduled payment date.
(2) Funds are withdrawn from a reserve fund to pay principal and
interest on the bonds issued by the authority or any bonds acquired
by the authority.
(d) Neither the legislative body nor the California Debt and
Investment Advisory Commission shall be liable for any inadvertent
error in reporting the information required by this section.
Notwithstanding Sections 863 and 869 of the Code of Civil
Procedure, the Attorney General or the Treasurer may jointly or
separately file an action pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure at
any time up to 55 days after notice required by Section 6586.7 is
mailed by certified mail to the Sacramento offices of both the
Attorney General and the Treasurer.
Notwithstanding any other provision of law, an action may
be brought under Chapter 9 (commencing with Section 860) of Title 10
of Part 2 of the Code of Civil Procedure, to determine the validity
of any bonds issued under this article to finance the purchase of
bonds for local agencies, the financing of public capital
improvements or utility projects, or the purchase of VLF receivables
pursuant to Section 6588.5 or Proposition 1A receivables pursuant to
Section 6588.6 and any contracts of sale of VLF receivables or
Proposition 1A receivables or utility project property entered into
by any local agency, and any related documents. If an action is
commenced, the action shall be brought in the jurisdiction in which
the authority maintains its principal office and is not required to
be brought in the jurisdiction or jurisdictions of any of the local
agencies. However, publication of summons, as provided in Section 861
of the Code of Civil Procedure, shall be made in the county in which
the authority maintains its principal office and in each county in
which any local agency that has sold bonds to the authority, for
which a public capital improvement is being financed or that has
entered into a sales agreement for a VLF receivable or a Proposition
1A receivable where the authority is located.