Section 15817.1 Of Chapter 3. Construction And Leasing Of Public Buildings From California Government Code >> Division 3. >> Title 2. >> Part 10b. >> Chapter 3.
15817.1
. (a) Exclusively for the purpose of facilitating the
financing of public buildings pursuant to this part through the
issuance of revenue bonds, notes, or certificates by the board, and
notwithstanding any other law, the board may acquire by lease from
any state agency public buildings identified by, and under the
jurisdiction or control of, the state agency, and, in that
connection, the board may then lease those public buildings back to
the state agency and may pledge the revenues, rentals, or receipts to
the lease to secure the repayment of revenue bonds, notes, or
certificates issued by the board. The board is not required to apply
the proceeds of the board's bonds, notes, or certificates to acquire,
design, construct, or otherwise improve the same public buildings
that are leased pursuant to this section. In each case, the lease
shall provide rental provisions, term, payment, security, default,
remedy, and other terms or provisions as may be specified in the
lease or other agreement or agreements between the board and the
state agency and may provide for the substitution of other public
buildings for the public buildings initially leased by the board and
the state agency pursuant to this section. The public buildings that
are leased pursuant to this section may be existing public buildings,
as determined by the board and the state agency, and which the board
and the state agency also determine to have both of the following:
(1) A fair rental value that is consistent with the principal
amount of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
(2) An economic useful life that is not shorter than the final
maturity of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
(b) These determinations by the board and the state agency
pursuant to subdivision (a) shall be final and conclusive.
(c) A lease made pursuant to this section does not require the
approval of the Director of General Services.
(d) The board or a state agency may utilize subdivision (a) in
connection with the issuance of any revenue bonds, notes, or
certificates previously authorized but not issued, or any revenue
bonds, notes, or certificates authorized subsequent to the effective
date of the act adding this subdivision.
(e) On or before June 30, 2017, the Department of Finance shall
report to the fiscal committees of the Legislature the following
regarding the removal of the July 1, 2015, inoperative date from the
asset transfer authority of the board. The report shall include, but
is not limited to, all of the following:
(1) The number of times the asset transfer authority has been
invoked.
(2) The aggregate amount of financing secured through asset
transfers.
(3) An estimate of the financing savings realized through the use
of asset transfers.