(a) This title shall be administered by the authority, which
shall have and is hereby vested with all powers reasonably necessary
or proper to carry out the powers and responsibilities expressly
granted or imposed, or reasonably implied, under this title.
(b) (1) The authority may exercise any power common to the county
and the trustees necessary to carry out this title, and it shall have
the power to issue bonds, notes, and other debt instruments.
(2) Obligations and liabilities of the authority do not constitute
debt or liabilities of the state or of any political subdivision
thereof, other than the authority, and do not constitute a pledge of
the full faith and credit of the state or any of its political
subdivisions. All bonds, notes, and other debt instruments issued by
the authority shall contain on the face thereof, where applicable,
the following statement: "Neither the full faith and credit nor the
taxing power of the State of California is pledged to the payment of
the principal of, or interest on, the bond."
(3) Neither the authority nor the California State University
shall at any time use or permit the use of the facilities at the site
in such a manner or to such a degree that the tax-exempt status of
bonds issued by the State of California, the California State Public
Works Board, or the California State University would be adversely
affected. Both the authority and the California State University
shall monitor the use of the facilities improved with the proceeds of
the tax-exempt bonds to ensure that the requirements of this section
are satisfied.
(c) The authority may do all of the following:
(1) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(2) Adopt an official seal.
(3) Sue and be sued in its own name.
(4) Receive and accept gifts, grants, loans, or donations of
money, property, labor, or other things of value, for any of the
purposes of this title from any of the following:
(A) A federal agency.
(B) A state agency.
(C) A municipality, county, or other political subdivision of the
state.
(D) An individual, association, or corporation.
(5) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this title.
(6) (A) Determine the location and character of any project or
educational facility and acquire, construct, enlarge, remodel,
renovate, alter, improve, furnish, equip, own, maintain, manage,
repair, operate, sell, lease as lessee or lessor, or regulate the
project or educational facility.
(B) Enter into contracts for any of the purposes specified in this
title, including, but not limited to, contracts for the management
and operation of a project or other facilities owned by the
authority.
(C) Designate a participating institution as its agent, with
authority to enter into contracts, for any of the purposes specified
in this title.
(7) Acquire, directly or by and through a participating
institution as its agent, by purchase solely from funds provided
pursuant to this title, or by gift or devise, and sell, by
installment or otherwise, lands, structures, real or personal
property, tangible or intangible property, rights, rights-of-way,
franchises, easements, and other interests in property, including,
but not limited to, lands lying under water and riparian rights,
which the authority deems necessary or convenient for the
acquisition, construction, financing, or operation of a project or an
educational facility. The authority may do so upon the terms, and at
the prices, it considers reasonable and upon which it can agree with
the owner, and may take the title to the interest in the name of the
authority.
(8) Make, directly or through a lending institution, secured or
unsecured loans to, or purchase secured or unsecured loans from, a
participating institution for any of the following purposes:
(A) To finance a project or provide working capital.
(B) To refinance indebtedness incurred by the participating
institution in connection with projects undertaken, educational
facilities acquired, or working capital financed.
(9) Mortgage all or any portion of interest of the authority in a
project or other educational facility and the property on which that
project or other educational facility is located whether owned or
thereafter acquired, including the granting of a security interest in
any property, tangible, or intangible and to assign or pledge all or
any portion of the interests of the authority in mortgages, deeds of
trust, indentures of mortgage or trust or similar instruments, notes
and security interest in property, tangible or intangible, or future
payments owed to the authority from participating institutions to
which the authority has made loans, and the revenues therefrom, as
well as moneys held by the authority on those payments or income from
any owned or held by the authority, for the benefit of the holders
of bonds issued to finance the project or educational facility or
issued to refund or refinance outstanding bonds or indebtedness of
participating institutions as permitted by this title.
(10) Upon the terms and conditions the authority deems proper,
lease a project or educational facility being financed pursuant to
this title to a person, partnership, corporation, or participating
institution, and charge and collect rent therefor. The site authority
shall ensure that all lease transactions are based upon fair market
value rental rates appropriate to the type of facility, the terms of
the lease, and the needs of the site authority. The authority may
terminate a lease pursuant to this paragraph upon the lessee's
failure to comply with any of its obligations under the lease. The
lease may include, but need not be limited to, any of the following
provisions:
(A) The lessee shall have the option to renew the term of the
lease for the period or periods, and at the rent, determined by the
authority, or to purchase any or all of the lease property.
(B) Upon payment by the participating institution of all of the
bonds incurred by the authority for the financing of the project or
for the refinancing of the participating institution's outstanding
indebtedness, the authority may convey any or all of the leased
property to the lessee or lessees, with or without further
consideration.
(11) (A) Obtain, or aid in obtaining, from any state or federal
agency or any private company, any insurance, guarantee, surety bond,
letter or line of credit, or standby purchase agreement regarding,
or of, or for, the payment or repayment of all or part of the
interest, principal, or both, on any loan, lease, or obligation, or
any instrument evidencing or securing the same, made or entered into
pursuant to this title, or on any bonds issued pursuant to this
title.
(B) Notwithstanding any other provision of this title, enter into
any agreement, contract, or any other instrument regarding any
insurance, guarantee, surety bond, letter or line of credit or
standby purchase agreement specified in subparagraph (A), and accept
payment in the manner and form provided therein in the event of
default by a participating institution.
(C) Assign any insurance, guarantee, surety bond, letter, or line
of credit or standby purchase agreement specified in subparagraph (A)
as security for bonds issued by the authority.
(12) At the discretion of the authority, invest any moneys held in
reserve or in sinking funds, or any moneys not required for
immediate use of disbursement, in eligible securities pursuant to
Section 16430 or investments pursuant to Section 53601.
(13) (A) Contract with the participating institution or
institutions for insurance coverage from the insurance company or
program and for the payment of any expenses in connection therewith,
including any bonds issued to fund or finance the insurance company
or program.
(B) Participate in joint risk management programs of its
participating institutions, including, but not limited to, the
California State University Risk Management Authority, with respect
to some or all of its activities.
(14) Provide funding for self-insurance for participating
institutions. Any self-insurance pooling program entered into by
participating institutions that is funded or financed in whole or in
part with proceeds of the sale of bonds pursuant to this title shall
not be subject to regulation of any kind under the Insurance Code or
otherwise as insurance, but shall only be subject to any conditions
or restrictions that may be imposed by the authority.
(d) The authority shall have no power of eminent domain.
(a) (1) The California State University, Channel Islands
Site Authority Fund is hereby created in the State Treasury, to be
administered by the authority. Notwithstanding Section 13340, all
moneys in the fund are continuously appropriated to the authority
without regard to fiscal years for the purposes of this title.
(2) All capital plans for the university portion of the site that
are proposed to be funded through moneys in the fund shall be
included in the annual five-year Capital Outlay Program report of the
California State University that is submitted to the Legislature and
the Governor each year.
(b) The authority may pledge any or all of the moneys in the fund
as security for payment of the principal of, and interest on, any
particular issuance of bonds pursuant to this title.
(c) As necessary or convenient to accomplish any purpose of this
title, the authority may divide the fund into separate accounts.
(d) All moneys accruing to the authority pursuant to this title
from any source shall be deposited in the fund.
(e) (1) Subject to any priorities created by the pledge of
particular moneys in the fund to secure any issuance of bonds of the
authority, and to reasonable administrative costs incurred by the
authority in implementing this title, all moneys in the fund,
regardless of the source, shall be held in trust for the security and
payment of bonds of the authority, and shall not be used or pledged
for any other purpose while any bonds are outstanding and unpaid.
Nothing in this subdivision shall be construed to limit the power of
the authority to make loans with bond proceeds in accordance with the
terms of the resolution authorizing the issuance of those bonds.
(2) Pursuant to any agreements with the holders of particular
bonds pledging any particular assets, revenues, or moneys, the
authority may create separate accounts in the fund to manage the
assets, revenues, or moneys in the manner prescribed by the
agreements.
(f) From time to time, the authority may direct the treasurer of
the authority to do any of the following:
(1) Invest moneys in the fund that are not required for its
current needs, including, but not limited to, proceeds from the sale
of any bonds in eligible securities specified in Section 16430 or
53601 and designated by the authority, in the resolution authorizing
the issuance of the bonds payable or secured by the moneys.
(2) Deposit moneys in the fund in interest-bearing accounts in
state or national banks or other financial institutions having
principal offices in the state.
(3) (A) Transfer moneys in the fund to the Surplus Money
Investment Fund for investment pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 4 of Division 4 of Title 2 or
Article 1 (commencing with Section 56300) of Chapter 4 of Part 1 of
Division 2 of Title 5.
(B) Notwithstanding Section 16305.7, all interest or other
earnings resulting from an investment or deposit pursuant to this
subdivision shall be deposited in the fund.
(g) Except as otherwise provided in paragraph (3) of subdivision
(f), no moneys in the fund shall be subject to transfer to any other
fund pursuant to any provision of Part 2 (commencing with Section
16300) of Division 4 of Title 2.