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Section 89770 Of Article 5. Use Of General Fund Support Appropriations For Capital Expenditures And Capital Outlay Projects From California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 6. >> Article 5.
89770
. (a) (1) The California State University may pledge, in
addition to any of its other revenues that the university chooses to
pledge, its annual General Fund support appropriation less the amount
of that appropriation required to fund general obligation bond
payments and State Public Works Board rental payments, to secure the
payment of debt obligations issued by the Trustees of the California
State University pursuant to the State University Revenue Bond Act of
1947 (Article 2 (commencing with Section 90010) of Chapter 8).
(2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature.
(3) The university may fund debt service for capital expenditures defined in subdivision (b), and the costs or expenses incidental to the issuance and sale of bonds to finance those costs, including, but not limited to, capitalized interest on the bonds, from its General Fund support appropriation pursuant to Sections 89772 and 89773.
(4) The state hereby covenants with the holders of the university' s obligations, secured by the pledge of the university authorized by this section, that so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university's obligations to this effect.
(b) For purposes of this section, "capital expenditures" means any of the following:
(1) The costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs.
(2) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds.
(3) The costs to design, construct, or equip energy conservation projects.
(4) The costs of deferred maintenance of academic facilities and related infrastructure.
(c) This section does not require the Legislature to make an appropriation from the General Fund in any specific amount to support the California State University.
(d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the California State University.
(2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature.
(3) The university may fund debt service for capital expenditures defined in subdivision (b), and the costs or expenses incidental to the issuance and sale of bonds to finance those costs, including, but not limited to, capitalized interest on the bonds, from its General Fund support appropriation pursuant to Sections 89772 and 89773.
(4) The state hereby covenants with the holders of the university' s obligations, secured by the pledge of the university authorized by this section, that so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university's obligations to this effect.
(b) For purposes of this section, "capital expenditures" means any of the following:
(1) The costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs.
(2) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds.
(3) The costs to design, construct, or equip energy conservation projects.
(4) The costs of deferred maintenance of academic facilities and related infrastructure.
(c) This section does not require the Legislature to make an appropriation from the General Fund in any specific amount to support the California State University.
(d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the California State University.
