Section § 32050

Explanation

This section establishes the California Urban Waterfront Area Restoration Financing Authority as a state government body focused on restoring urban waterfront areas. It is considered a critical state function. The authority is made up of five key officials: the Director of Finance, the Controller, the Treasurer, the Secretary of the Natural Resources Agency, and the executive director of the conservancy, with the Treasurer serving as the chair. Each official can appoint a representative to act on their behalf. The Treasurer is responsible for organizing the authority's first meeting.

(a)CA Public Resources Code § 32050(a) There is in state government the California Urban Waterfront Area Restoration Financing Authority. The authority constitutes a public instrumentality and a political subdivision of the state, and the exercise by the authority of powers conferred by this division is the performance of an essential public function.
(b)CA Public Resources Code § 32050(b) The authority shall consist of five members, the Director of Finance, the Controller, the Treasurer, the Secretary of the Natural Resources Agency, and the executive director of the conservancy. The Treasurer shall serve as chair of the authority.
(c)CA Public Resources Code § 32050(c) Each of the members of the authority may select a designee from the member’s agency to act for the member and represent the member at all meetings of the authority.
(d)CA Public Resources Code § 32050(d) The first meeting of the authority shall be convened by the Treasurer.

Section § 32051

Explanation
Members of the authority serve without receiving any payment or salary for their role.
All members shall serve thereon without compensation as members of the authority.

Section § 32052

Explanation

This law section says that the authority in charge of this division has all the power it needs to fulfill its duties and responsibilities.

This division shall be administered by the authority which shall have, and is hereby vested with, all powers reasonably necessary to carry out its powers and responsibilities.

Section § 32053

Explanation

The rule requires that the authority has an office in Sacramento.

The authority shall maintain an office in the City of Sacramento.

Section § 32054

Explanation

This section explains that the chairperson needs to appoint an executive director, who is not a part of the authority, to assist with the authority's responsibilities. The executive director can hire staff and others as needed and will be paid a salary set by the authority. Additionally, the authority can allow the executive director to sign contracts on its behalf.

The chair shall appoint an executive director who shall not be a member of the authority and who shall serve at the pleasure of the authority and shall employ the staff of the conservancy and other necessary persons to enable the authority to properly perform the duties imposed upon it by this division. The executive director shall receive compensation as fixed by the authority. The authority may delegate to the executive director the power to enter contracts on behalf of the authority.

Section § 32055

Explanation

This law allows the authority to create rules and regulations needed to implement this division, following a specific procedure outlined in another part of the government code. Essentially, it gives the authority the power to ensure the division operates effectively.

The authority may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt the necessary rules and regulations to carry out this division.

Section § 32056

Explanation

The Attorney General acts as the main legal advisor for an authority, but the authority can hire additional legal counsel if necessary, with the Attorney General’s approval, which should not be unreasonably denied. This can include hiring lawyers for specific needs like bond issuance.

Additionally, the Director of Finance serves as the authority’s treasurer.

(a)CA Public Resources Code § 32056(a) The Attorney General shall be the legal counsel for the authority, but, upon approval of the Attorney General, which approval shall not be unreasonably withheld, the authority may employ legal counsel as, in its judgment, is necessary or advisable to enable it to carry out the duties and functions imposed on it by this division, including employment of bond counsel as deemed advisable in connection with the issuance and sale of bonds.
(b)CA Public Resources Code § 32056(b) The Director of Finance shall be the treasurer of the authority.

Section § 32057

Explanation

This law outlines various powers and responsibilities of an authority. It can make rules for its operations, create a seal, and engage in legal actions. The authority is allowed to issue bonds for project financing, hire private consultants, and employ advisors for bond-related activities. It can also contract with state agencies for necessary services, pay for expert consulting services, and manage the purchase and sale of property for project financing.

Additionally, the authority can receive financial resources like loans and grants, provide loans to parties for project financing and refinancing, and secure loans with property interests. It can lease projects to parties with specific terms, collect administrative costs, and obtain insurance for loans. Lastly, it has the flexibility to enter into agreements, invest reserve funds, and carry out actions necessary for its functions.

Subject to the conditions, restrictions, and limitations of Section 32059, the authority shall have the power to do all the following:
(a)CA Public Resources Code § 32057(a) Adopt bylaws for the regulation of its affairs and the conduct of its business.
(b)CA Public Resources Code § 32057(b) Adopt an official seal.
(c)CA Public Resources Code § 32057(c) Sue and be sued in its own name.
(d)CA Public Resources Code § 32057(d) Issue bonds, including, at the option of the authority, bonds bearing interest that is taxable for the purpose of federal income taxation, to pay the cost of any project.
(e)CA Public Resources Code § 32057(e) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this division.
(f)CA Public Resources Code § 32057(f) Employ and fix compensation of bond counsel, project expediters, financial consultants, and other advisors as may be necessary, in its judgment, in connection with the issuance and sale of any bonds or other obligations of the authority.
(g)CA Public Resources Code § 32057(g) Contract for engineering, architectural, accounting, or other services of appropriate state agencies as may be necessary, in its judgment, for the successful development of the project.
(h)CA Public Resources Code § 32057(h) Pay the reasonable costs of consulting engineers, architects, accountants, and construction, land use, recreation, and environmental experts employed by any participating party if, in its judgment, those services are necessary for the successful development of the project.
(i)CA Public Resources Code § 32057(i) Take title to, and sell by installment sale or otherwise, lands, structures, property, real or personal, rights, rights-of-way, franchises, easements, and other interests in lands which are located within the state as it may deem necessary or convenient for the financing of a project, upon terms and conditions as considered by it to be reasonable.
(j)CA Public Resources Code § 32057(j) Receive and accept from any source, loans, contributions, or grants for, or in aid of, the construction, financing, or refinancing of a project, or any portion thereof, in either money, property, labor, or other things of value.
(k)CA Public Resources Code § 32057(k) Make secured or unsecured loans to any participating party in connection with the financing of a project in accordance with an agreement between the authority and the participating party, except that no loan shall exceed the total cost of the project as determined by the participating party and approved by the authority.
(l)CA Public Resources Code § 32057(l) Make secured or unsecured loans to any participating party in accordance with an agreement between the authority and the participating party to refinance indebtedness incurred by the participating party in connection with projects undertaken and completed.
(m)CA Public Resources Code § 32057(m) Mortgage all or any portion of its interest in a project and the property on which any project 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 its interests in mortgages, deeds of trust, indentures of mortgage or trust or similar instruments, notes, and security interests in property, tangible or intangible, of participating parties to which the authority has made loans, and the revenues therefrom, including payment or income from any interest owned or held by the authority, for the benefit of the holders of bonds issued to finance the project.
(n)CA Public Resources Code § 32057(n) Lease to a participating party the project being financed, upon terms and conditions that the authority deems proper, and to charge and collect rents therefor, and to terminate any lease upon the failure of the lessee to comply with any of the obligations thereof, and to include in any lease, if desired, provisions that the lessee shall have options to renew the lease for a period or periods, and at rents as determined by the authority, to purchase any or all of the project, or that, upon payment of all of the indebtedness incurred by the authority for the financing of the project, the authority may convey any or all of the project to the lessee or lessees.
(o)CA Public Resources Code § 32057(o) Charge and equitably apportion among participating parties its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this division.
(p)CA Public Resources Code § 32057(p) Obtain, or aid in obtaining, from any department or agency of the United States or of the State of California, or any private company, any insurance or guarantee as to, or for, the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to this division; and, notwithstanding any other provision of this division, to enter into any agreement, contract, or any other instrument with respect to any insurance or guarantee, to accept payment in the manner and form as provided therein in the event of default by a participating party, and to assign any insurance or guarantee as security for the authority’s bonds.
(q)CA Public Resources Code § 32057(q) Enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient, or desirable for the purposes of the authority or to carry out any power expressly given in this division.
(r)CA Public Resources Code § 32057(r) Invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, at the discretion of the authority, in obligations that are authorized by law for the investment of trust funds in the custody of the Treasurer.

Section § 32058

Explanation

This law explains that there are specific criteria that must be followed when selecting projects to get financial help from the authority. These criteria focus on the project's economic health and the likelihood that involved parties can meet all the project's financial responsibilities.

The authority shall establish criteria for the selection of projects to receive financial assistance from the authority. The project selection criteria shall be based upon the economic soundness of the project itself and a reasonable expectation that all financial obligations of the project can be met by participating parties.

Section § 32059

Explanation

To get approval for a project in the coastal zone, it first needs approval from the conservancy, and it must be located where there's a plan for urban waterfront restoration. The conservancy will only approve such a plan if current conditions hinder key state coastal zone goals and if the plan offers public benefits like access, recreation, environmental improvements, and opportunities for jobs and economic growth.

(a)CA Public Resources Code § 32059(a) No project located wholly or partially within the coastal zone shall be eligible for approval unless it has been approved by the conservancy and is located in a part of the coastal zone for which a plan for urban waterfront restoration has been approved by the conservancy pursuant to Chapter 7 (commencing with Section 31300) of Division 21.
(b)CA Public Resources Code § 32059(b) The conservancy shall approve a plan for the purposes of utilizing the financing provisions of this division only if it finds both of the following:
(1)CA Public Resources Code § 32059(b)(1) Existing conditions prevent the attainment of one or more of the basic goals of the state for the coastal zone, as identified in Section 30001.5.
(2)CA Public Resources Code § 32059(b)(2) The proposed plan provides for public access or public recreation benefits, environmental enhancement, and has a potential for employment development and economic stimulation.

Section § 32059.5

Explanation

This law states that certain projects within the Sacramento-Yolo or Stockton Port Districts, or on a river, lake, or reservoir in a metro area, need approval from the conservancy to go forward. These projects must have a plan for urban waterfront restoration.

For the conservancy to approve these plans, they must ensure the projects will offer public access or recreation, improve the environment, and boost jobs and the economy.

A total of $50 million is set aside for projects in these water areas within metropolitan areas.

(a)CA Public Resources Code § 32059.5(a) No project located within the territory of the Sacramento-Yolo Port District, the Stockton Port District, or on a river, lake, or reservoir within a metropolitan statistical area shall be eligible for approval unless it has been approved by the conservancy and a plan for urban waterfront restoration has been approved by the conservancy.
(b)CA Public Resources Code § 32059.5(b) The conservancy shall approve a plan for the purposes of utilizing the financing provisions of this division for projects specified in subdivision (a) only if it finds that the proposed plan provides for public access or public recreational benefits, provides for environmental enhancement, and has a potential for employment development and economic stimulation.
(c)CA Public Resources Code § 32059.5(c) Fifty million dollars ($50,000,000) shall be reserved for projects on a river, lake, or reservoir in a metropolitan statistical area.