This division, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Chapter 2Supplemental Provisions
Section § 44560
This law states that the rules within this division should be interpreted in a broad manner to fulfill their intended purposes, which are important for the well-being of the state's residents.
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Section § 44561
This law offers an additional way to handle projects under its scope, specifically related to issuing bonds and dealing with pollution control facilities. This method can be used independently of other laws that normally govern such actions, like bond issuance and construction of public works, except where this division makes specific provisions. However, outside of these exceptions, any project financed under this division must still follow all other applicable legal requirements, and applicants must prove they've met environmental regulations before bonds are approved.
(a)CA Health and Safety Code § 44561(a) This division provides a complete, additional, and alternative method for the doing of the things authorized by this division, and is supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this division need not comply with any other law applicable to the issuance of bonds including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code. In the construction and acquisition of a project pursuant to this division, the authority need not comply with any other law applicable to the construction or acquisition of public works, except as specifically provided in this division. Pollution control facilities and projects may be acquired, constructed, completed, repaired, altered, improved, or extended, and bonds may be issued for any of those purposes under this division, notwithstanding that any other law may provide for the acquisition, construction, completion, repair, alteration, improvement, or extension of like pollution control facilities or for the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
(b)CA Health and Safety Code § 44561(b) Except as provided in subdivision (a), the financing of a project pursuant to this division shall not exempt a project from any requirement of law that is otherwise applicable to the project, and the applicant shall provide documentation, before the authority approves the issuance of bonds for the project, that the project has complied with Division 13 (commencing with Section 21000) of the Public Resources Code, or is not a project under that division.
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Section § 44562
The State of California promises not to change or reduce the rights of people or parties involved with any financial obligations or contracts under this division until they are completely fulfilled. This ensures that any commitments made are honored, protecting those who hold these obligations or contracts. However, California can make changes if there is a new law that adequately protects these parties. The authority handling these obligations or contracts can include this promise in any agreements as a representative of the state.
The State of California does hereby pledge to and agree with the holders of any obligations issued under this division, and with those parties who may enter into contracts with the authority pursuant to the provisions of this division, that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, provided nothing herein contained shall preclude such limitation or alteration if and when adequate provision shall be made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority. The authority as agent for the state is authorized to include this pledge and undertaking for the state in such obligations or contracts.
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Section § 44563
If there are any conflicts between this law and other laws regarding how pollution control facilities are financed, this law will take priority and override the others.
To the extent that the provisions of this division, with respect to the financing of pollution control facilities, are inconsistent with the provisions of any general statute or special act or parts thereof, with respect to the financing of pollution control facilities, the provisions of this division shall be deemed controlling.
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