Funds: Security For Payment Of Bonds: Accounts: Deposits: Investments: Interest And Other Increments - - CA Public Resources

Section § 32060

This law section establishes the California Urban Waterfront Area Restoration Financing Authority Fund in the State Treasury to support urban waterfront projects. Money in this fund is continuously available for the authority's purposes, which can include securing bonds for project financing. The authority can set up separate accounts within the fund to manage finances, especially when securing bond payments.

Funds are held in trust primarily for bond security and repayment, and cannot be used for other purposes while bonds are unpaid. The authority can invest any surplus money in government-approved securities or interest-bearing accounts.

All interest earned from these investments is returned to the fund, and the money in the fund is protected from being transferred to other state funds, except for specific investment purposes.

(a) The California Urban Waterfront Area Restoration Financing Authority Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out the purposes of this division.

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 issued pursuant to this division, and, for that purpose, or as necessary or convenient to the accomplishment of any other purpose of the authority, may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this division from any source shall be deposited in the fund.

(b) Subject to priorities that may be created by the pledge of particular moneys in the fund to secure any issuance of bonds of the authority, and subject further to reasonable costs that may be incurred by the authority in administering the program authorized by this division, all moneys in the fund derived from any 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 so long as the bonds are outstanding and unpaid. However, nothing in this section shall limit the power of the authority to make loans with the proceeds of bonds in accordance with the terms of the resolution authorizing the bonds.

(c) 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 assets, revenues, or moneys in the manner set forth in the agreements.

(d) The authority may, from time to time, direct the Treasurer to invest moneys in the fund which are not required for its current needs, including proceeds from the sale of any bonds, in such eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices in this state. The authority may alternatively require the transfer of 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 2 of Division 4 of Title 2 of the Government Code. Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.

California Urban Waterfront Restoration Financing Authority Fund bond security investment of funds Treasurer directives Surplus Money Investment Fund interest-bearing accounts trust fund for bonds financial management bond issuance separate accounts urban waterfront projects investment returns state Treasury management

(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32061

This law states that any costs related to implementing this specific division must be paid only with the funds allocated for it. The State of California cannot be held accountable for any expenses beyond the money allocated, and the authority cannot create any debts or obligations for the state from other sources.

All expenses incurred in carrying out this division shall be payable solely from funds provided under the authority of this division, and no liability or obligation shall be imposed upon the State of California and, except as provided in Section 32116, none shall be incurred by the authority beyond the extent to which money shall have been provided under this division. Under no circumstance shall the authority create any debt, liability, or obligation on the part of the State of California payable from any source other than the moneys provided under this division.

expenses funds allocation financial obligations state liability debt restriction funds provided money allocated authority obligations state financial responsibility public resources management division-specific funding expense limitation California state liability debt creation prohibition

(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32061.5

This law allows the conservancy to fund its operational costs from any available funds, as long as they are for projects related to Chapter 7, Division 21. It requires the conservancy to keep track of expenses for projects funded through this division. If bonds are issued, the conservancy should request reimbursement from the authority for its support costs. The authority must repay the conservancy for essential expenses in project development under this division. Moreover, the authority can also reimburse additional costs the conservancy incurs in fulfilling its duties.

The activities of the conservancy in carrying out its responsibilities under this division shall be deemed to be consistent with and in furtherance of Chapter 7 (commencing with Section 31300) of Division 21.

The conservancy may pay for its support costs associated with this division from any funding source appropriated and available to it which may be used to fund its support activities under that Chapter 7. However, the conservancy shall keep records of its support expenditures associated with projects which may receive any or all of their funding pursuant to this division and, if the authority ultimately issues bonds for any such project, the conservancy shall seek repayment of its support costs with respect to that project from the authority. The authority shall reimburse the conservancy for its necessary and reasonable support costs in developing projects which are funded pursuant to this division.

Nothing in this section precludes the authority from reimbursing the conservancy for additional costs associated with its responsibilities under this division.

conservancy activities support costs funding sources project expenses bonds issuance reimbursement operational costs expenses tracking project funding Chapter 7 Division 21 support expenditures repayment authority reimbursement division responsibilities additional costs reimbursement

(Added by Stats. 1985, Ch. 740, Sec. 2.)

Section § 32062

This law section states that any project funded by the authority must follow its established rules and regulations during construction or completion.

All projects financed by the authority shall be constructed or completed subject to the rules and regulations of the authority.

project funding authority regulations construction compliance project completion financing guidelines regulatory compliance construction projects authority oversight project rules project guidelines

(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32063

Once all the bonds issued to pay for a specific project, including any that refinance these bonds, are completely paid off, or provisions are made to pay them off, and all other related conditions are met, the authority can release its claim on the project. This means the authority can transfer its rights or interests back to the party that participated in the project. The authority will handle the necessary paperwork, such as releases or deeds, to make this transfer official.

When the principal of, and interest on, bonds of the authority issued to finance the cost of a particular project for a participating party, including any refunding bonds issued to refund and refinance all or any part of the bonds, have been fully paid and retired, or when adequate provisions have been made for the payment and retirement of the bonds, and all other conditions of any resolution, lease, indenture, mortgage or deed of trust, security interest, or any other instrument or instruments authorizing and securing the bonds have been satisfied, and any lien created has been released in accordance with the provisions thereof, the authority is authorized, upon terms and conditions it may prescribe, to do all things and execute releases, release deeds, reassignments, deeds, and conveyances necessary or required to convey or release its right, title, and interest in the project financed and any other instruments pledged or transferred to secure bonds to the participating party.

bonds repayment project financing participating party bond retirement financial obligations release of claim security interests refunding bonds rights transfer project conveyance lien release authority transfer payment provisions deeds and reassignments secured instruments

(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32064

This law section explains the process and timelines for the issuance of bonds by an authority in California. First, if a participating party submits a completed application, the authority or its executive director must initiate action for bond issuance at the next meeting held more than 30 days after receiving the application. However, the authority can still review and adjust the financing terms before issuing the bonds.

The authority must make a final decision to approve or deny the bond issuance within 60 days of a request from a participating party. The request must include proof that any conditions previously set for issuing the bonds have been met and submit necessary legal documents for approval.

Additionally, the authority can set any terms it finds necessary or desirable for issuing the bonds. All actions are at the authority's sole discretion.

(a) The authority, or its executive director if authorized by resolution of the authority, shall take official action towards the issuance of bonds with respect to any participating party at the next meeting of the authority occurring more than 30 days following the receipt of a completed application. Official action towards the issuance of bonds may reserve the right of the authority to further review an application for financing and consider terms thereof prior to the issuance of bonds therefor.

(b) The authority shall take final action to approve or disapprove the issuance of bonds to lend financial assistance to participating parties within 60 days from the receipt by the authority of a request from a participating party for action. Any request by a participating party shall be accompanied by evidence of fulfillment of any and all conditions to the issuance of the bonds imposed at the time the first action towards the issuance was taken by the authority and copies of forms of all principal legal documents to be approved by the authority.

(d) Any action under this section shall be at the sole discretion of the authority.

bond issuance process participating party application review finance terms approval or disapproval timelines for bond issuance legal document submission authority discretion financial assistance official action final approval executive director conditions for bond issuance resolution bond terms

(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32065

Every year by March 31, the authority must report to the Legislature about their activities from the last calendar year. The report should include a list of applications they got and accepted for financing, details about bonds sold and their interest rates, how the bonds were sold (whether through public bidding or negotiation), the amount of bonds that are authorized but unsold, and a forecast of their needs for the upcoming year. Additionally, it should include a financial report of revenues and expenses from the previous fiscal year.

The authority, not later than March 31 of each year, shall submit to the Legislature a report of its activities for the preceding calendar year ending December 31. The report shall include a listing of applications received, a listing of applications accepted for financing, a specification of bonds sold, interest rates thereon, and whether bond sales were pursuant to public bid or were negotiated, a specification of the amount of bonds authorized but currently unsold, a projection of the authority’s needs and requirements for the coming year, and a report of revenues and expenditures for the preceding fiscal year.

annual report Legislature submission application listing financing applications bonds sold interest rates bond sales method public bid negotiated sales unsold bonds projection needs financial report revenues expenditures fiscal year annual report deadline

(Amended by Stats. 1984, Ch. 665, Sec. 5. Effective August 17, 1984.)

Section § 32066

The Treasurer of the state has the responsibility to approve the issuance of bonds if that approval is necessary under federal tax laws. This approval applies to bonds issued by or for the state.

The Treasurer is the elected representative of the state to approve the issuance of bonds issued by or on behalf of the state pursuant to this chapter to the extent this approval is required by federal tax law.

Treasurer approval bond issuance federal tax law state bonds bond approval elected representative financial oversight state treasurer duties state finance tax-compliant bonds

(Added by Stats. 1983, Ch. 1264, Sec. 1.)