Section 1714 Of Chapter 3. Seaport Infrastructure Financing Districts From California Harbors And Navigation Code >> Division 6. >> Part 1. >> Chapter 3.
1714
. (a) Upon receipt of a preliminary approval from a harbor
agency granted pursuant to Section 1713, the State Lands Commission
shall consider the proposal and either grant or deny final approval.
(b) Prior to granting final approval the State Lands Commission
shall do both of the following:
(1) Review the infrastructure financing plan prepared by the
harbor agency pursuant to Section 1712.
(2) Review the findings of the harbor agency made in its
preliminary approval.
(c) The State Lands Commission shall grant final approval only if
it makes all of the following findings:
(1) The state's interests in its tidelands and its ports and
harbors are furthered by the funding of the seaport infrastructure
financing district.
(2) The principal purposes of the seaport infrastructure financing
district are to further port and harbor infrastructure.
(3) The execution of the financing section of the infrastructure
finance plan is more likely than not to result in the outcomes
proposed.
(4) No revenues shall be made available to local governments as a
result of the approval of the seaport infrastructure financing
district from state revenues, revenues derived from granted lands, or
from ports or harbors created under this code, except as otherwise
allowed under paragraph (2) of subdivision (c) of Section 1713.
(5) The harbor agency and the public financing authority
participating in the seaport infrastructure financing district have
each completed all procedural requirements, financial due diligence,
and made all findings required by this chapter and Chapter 2.99
(commencing with Section 53398.50) of Part 1 of Division 2 of Title 5
of the Government Code.
(6) All of the projects and uses proposed in the seaport
infrastructure financing district are consistent with the state
tidelands trust and the conditions of any grants, if applicable, and
the statewide interests in the operation of harbors and ports.
(7) No agreements by the harbor agency that may control the
discretion of the harbor agency to maintain its port or harbor
operations or to cede any such control to the discretion of a third
party were made as a condition of participation in the seaport
infrastructure financing district.
(d) If the State Lands Commission gives final approval to the
proposal, it shall immediately forward its approval to the public
financing authority for further action pursuant to subdivision (c) of
Section 53398.80.5 of the Government Code.
(e) The State Lands Commission shall be reimbursed by the harbor
agency for its direct administrative costs of considering a seaport
infrastructure financing district proposal under this section from
the proceeds of the bonds issued, if any, for the identified projects
in the seaport infrastructure financing district.