California Passenger Rail Financing Commission ActBonds and Notes
Section § 92250
This law allows the commission to borrow money and issue various types of financial securities. However, all the debt incurred must be paid back exclusively using the commission's own revenue.
Section § 92251
This law allows a commission to issue bonds, which are a type of debt, whenever needed. They must first decide and announce the total amount they plan to issue.
The total amount of these bonds is capped at $1.25 billion, plus any extra debt allowed by another law, Section 92270. However, this cap doesn't apply to bonds used to replace or refinance existing debt, such as bond anticipation notes or commercial paper.
Section § 92252
This section allows the commission to issue bonds or similar financial instruments to raise money for corporate purposes. These bonds can be used to finance a variety of projects. This could include one project for one participant, multiple projects for one participant, one project for multiple participants, or multiple projects for multiple participants.
Section § 92253
This law allows the commission to issue short-term financial instruments called bond anticipation notes or commercial paper to raise funds ahead of selling long-term bonds. These notes can be renewed but must be paid back within three years. The financial instruments can include terms and restrictions similar to long-term bonds but with a shorter maturity period.
Section § 92254
This law section states that, unless specifically noted by the commission, all bonds or notes it issues are general obligations. This means they can be paid from any commission money or revenue, provided it's not already pledged elsewhere. There might be specific agreements regarding the payment of certain bonds or notes from particular funds.
Even if these bonds or notes are tied to a special fund, they are treated as negotiable instruments, meaning they can be transferred or sold, except where registration rules apply.
Section § 92255
This law allows a commission to issue bonds as either serial bonds, term bonds, or both. The commission must authorize these bonds through a resolution, detailing their terms like interest rates, maturity, and payment method. Bonds can be sold publicly or privately, and the Treasurer must sell them within 60 days unless an extension is granted. Temporary bonds may be issued until the definitive ones are ready, and bonds can be sold below face value.
Section § 92256
This section outlines the provisions that can be included in resolutions authorizing bonds issued by a commission. These provisions become a contract with bondholders. They can involve pledging revenues or other assets to secure payments, deciding on the use of revenue from projects, creating reserves or sinking funds, and setting limits on project usage or bond proceeds.
They also cover issuing additional bonds, modifying bond agreements, restricting commission expenses, defining defaults, rights and remedies, and mortgaging projects or assets for security. Additionally, it includes choosing projects for financing if bonds are sold before projects are designated.
Section § 92257
This law states that members of the commission and anyone involved in issuing bonds or notes are not personally responsible for repaying them or accountable for their issuance. They are protected from personal liability regarding these financial instruments.
Section § 92258
This law allows the commission to use available funds to buy back its own bonds or notes. The commission can then choose to keep, use as security (pledge), cancel, or sell them again, as long as they follow any agreements made with the people who hold the bonds.
Section § 92259
Before the commission can issue bonds, notes, or commercial paper, they must hold a public hearing about the issuance in their Sacramento office. This hearing must happen at least 14 days after a notice has been published in a widely read financial newspaper, as well as in newspapers in each affected county.
The notice needs to have details like the hearing's date, time, location, the amount to be issued, and a brief project description, including its location and route.
Additionally, the commission and the Treasurer must both approve the issuance in the hearing. However, the commission can waive these requirements if they aren't necessary for the bonds' interest to be tax-exempt federally.
Section § 92260
This law allows a commission to secure any bonds it issues through a trust agreement. This agreement can be made with a trustee or trustees, who may be from any trust company or bank that operates as a trust company, whether inside or outside the state.
Section § 92261
This section is about how the state can manage bond issuance for financing projects. It allows for the pledging or assigning of expected revenues to pay back bondholders and outlines provisions that can be included in trust agreements or resolutions that protect and enforce bondholders' rights.
Such agreements can include the assignment of project revenues, conveyance, or mortgage of financed projects as security. Banks managing bond revenues might need to provide guarantees or securities. Trust agreements can specify bondholders' rights and set rules on who can take legal action, aiming to protect investors.
Section § 92262
This law states that the Treasurer won't be considered to have a conflict of interest when fulfilling their duties as a trustee under this title, even if other laws might suggest otherwise.
Section § 92263
This law says that any costs related to fulfilling a trust agreement or resolution can be considered part of the project's operating expenses.
Section § 92264
This law states that any bonds issued are not considered a debt of the state or any local government, except for the specific issuing commission. The law also clarifies that these bonds are not backed by the state’s or local governments' credit or taxing power. The bonds will be paid only from specific funds set up for them. Additionally, the issuance of these bonds doesn’t require the state or local governments to levy or pledge taxes for payment. However, the commission itself can pledge its credit to pay these bonds if needed.
Section § 92265
This law section allows the commission to issue bonds to pay off existing bonds, notes, or other securities. This can include costs like redemption premiums and interest. Additionally, the commission can use the bonds to fund construction, renovations, expansions, or upgrades of a project.
Section § 92266
This law discusses how the money from issuing new bonds to refinance older ones can be used. It allows the commission to use the funds to buy back or pay off existing bonds when they mature or at an earlier set redemption date. While waiting to use the funds, they can be kept in escrow and invested in certain secure ways.
The Treasurer can invest these escrowed funds in safe options like U.S. government-backed securities. Any gains from these investments can help pay off the old bonds. Once all obligations related to the escrow are met, any leftover money can be returned to the commission to be used lawfully for other purposes.
Section § 92267
This law allows the Treasurer to invest the money from bonds issued to improve a project into safe financial products, like U.S. government-backed securities or secured certificates of deposit. These investments should mature when the funds are needed for the project. Any earnings from these investments can be used to cover project costs or for other legal purposes by the commission.
Section § 92268
This law states that bonds issued under Section 92265 must follow the same rules and requirements as other bonds issued under this title.
Section § 92269
This law says that if the Treasurer thinks bonds issued by the commission are well-secured and have enough revenue and funds to pay them off, the Treasurer will certify these bonds as legal investments. This means they are safe for trust funds, insurance, banks, savings and loans, investment companies, and other fiduciaries like executors and trustees. They can also be invested in school funds, and they are acceptable for depositing with government offices for uses that allow or require bond deposits.
Section § 92270
This law says that the commission can't spend more money than it has under this specific law.
However, at the start, while setting up and before making any money from bonds or notes, the commission is allowed to borrow money from private sources for necessary expenses. They must pay back this borrowed money with interest once the commission starts earning from bonds or notes.