This law allows California to issue and sell up to $10 billion in bonds, not counting any bonds issued to refund debt under a specific section. The bonds are intended to fund specific projects and reimburse a government fund. These bonds are a legally binding obligation for California, meaning the state is committed to paying back the principal and interest on time. The state Treasurer will handle the selling of these bonds, deciding how much to issue based on the needs identified by a committee. The terms for issuing these bonds are detailed in a resolution adopted by the committee.
(a)CA Public Resources Code § 95000(a) Bonds in the total amount of ten billion dollars ($10,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 95012, may be issued and sold for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, issued, and delivered, shall be and constitute a valid and binding obligation of the State of California, and the
full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable.
(b)CA Public Resources Code § 95000(b) The Treasurer shall cause the issuance and sell the bonds authorized by the committee pursuant to subdivision (a) in the amount determined by the committee to be necessary or desirable pursuant to Section 95003. The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law explains that any bonds issued under this division must follow the rules set out in the State General Obligation Bond Law. All the rules from that law apply here, except for specific parts of another law, Section 16727 of the Government Code. This means that the way bonds are handled—from creation to redemption—has to stick to those established guidelines.
The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law, except subdivisions (a) and (b) of Section 16727 of the Government Code, apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law establishes the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Finance Committee. The committee is created to manage the issuance and sale of bonds for specific environmental and safety purposes under the State General Obligation Bond Law.
The committee includes high-level state officials, such as the Director of Finance, Treasurer, Controller, Secretary of the Natural Resources Agency, and the Secretary for Environmental Protection. These members can appoint representatives to act on their behalf. The Treasurer serves as the chair of the committee, and actions can be taken by a majority of the committee members.
(a)CA Public Resources Code § 95002(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the
Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Finance Committee is hereby created. For purposes of this division, the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Finance Committee is the “committee,” as that term is used in the State General Obligation Bond Law.
(b)CA Public Resources Code § 95002(b) The committee consists of the Director of Finance, the Treasurer, the Controller, the Secretary of the Natural Resources Agency, and the Secretary for Environmental Protection. Notwithstanding any other law, any member may
designate a representative to act as that member in that member’s place for all purposes, as though the member were personally present.
(c)CA Public Resources Code § 95002(c) The Treasurer shall serve as the chairperson of the committee.
(d)CA Public Resources Code § 95002(d) A majority of the committee may act for the committee.
Safe Drinking Water Wildfire Prevention Drought Preparedness Clean Air Bond Bond Finance Committee environmental bonds State General Obligation Bond Law Director of Finance Treasurer State Controller Natural Resources Agency Environmental Protection Secretary bond issuance committee voting designate representative
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
The committee decides if they need to issue and sell bonds to fund tasks outlined in this division. They can choose how much to issue and sell. Bonds can be sold in stages, so they don’t have to sell them all at once.
The committee shall by resolution determine whether or not it is necessary or desirable to issue and sell bonds authorized by this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law section specifies that within the context of the State General Obligation Bond Law, the term "board" refers to the Secretary of the Natural Resources Agency, according to Government Code Section 16722.
For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
Every year, additional money must be collected alongside regular state taxes to cover the payment of the principal and interest on bonds due that year. It's the responsibility of all relevant officers to ensure this extra amount is collected properly.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds becoming due in that year. It is the duty of all officers charged by law with any duty regarding the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law sets up a continuous flow of money from the state's General Fund to cover two main financial obligations. First, it ensures there's always enough money to pay off any bonds, including interest, that are issued under this division as they become due. Second, it allows for the necessary funds to support the activities dictated by Section 95009.
Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division, and without regard to fiscal years, an amount that will equal the total of the following:
(a)CA Public Resources Code § 95006(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable.
(b)CA Public Resources Code § 95006(b) The sum that is necessary to carry out Section 95009.
General Fund appropriation bond payments principal and interest obligations continuous funding fiscal years funding for Section 95009 State Treasury allocation financial obligations California bonds state budget public financing bond issuance interest payments
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law allows the board to request a loan from the Pooled Money Investment Board to fund activities under this division. The loan amount must not exceed the authorized unsold bonds amount minus any loans not yet repaid or funds withdrawn from the General Fund and not returned. The board must complete necessary paperwork to get and repay the loan, and loaned amounts are added to the fund for use in accordance with this division.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other form of interim financing in accordance with Section 16312 of the Government Code, for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding any refunding bonds authorized pursuant to Section 95012, less any amount loaned and not yet repaid pursuant to this section and any amount withdrawn from the General Fund pursuant to Section 95009 and not yet returned to the General Fund. The board shall execute those documents required by the Pooled Money Investment
Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this division.
Pooled Money Investment Board interim financing unsold bonds loan request General Fund loan repayment fund allocation resolution authorized refunding bonds exclusion Section 16312 compliance financial documents execution Section 95009 withdrawal
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law allows the Treasurer to sell bonds that are tax-exempt under federal law, meaning the bond interest isn't taxed federally. The Treasurer can maintain separate accounts for the money gained from selling these bonds and any earnings from investing that money. They can use these funds to make payments required by federal law or take actions needed to keep the bonds' tax-exempt status and gain other federal tax benefits for the state.
Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment
earnings on those proceeds and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This section allows the Director of Finance to temporarily borrow money from the General Fund up to the amount of unsold bonds approved for sale, excluding certain types of bonds. The borrowed money must be used for specific purposes outlined in this division and eventually paid back to the General Fund with interest, from the money received when these bonds are sold.
For purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 95012, less any amount loaned pursuant to Section 95007 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this division. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by
the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law states that money in a specific fund, generated from bond premiums and interest, should mostly be reserved to cover bond interest costs for the state. However, premiums can first be used to pay for the cost of issuing the bonds before the rest is transferred to cover bond interest expenses.
All moneys deposited in the fund that are derived from premiums and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premiums may be reserved and used to pay costs of bond issuance before any transfer to the General Fund.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law, under the State General Obligation Bond Law, states that the expenses involved in issuing bonds should be covered by the funds raised from selling those bonds. If there are premiums (extra funds) from selling the bonds, those can also cover the costs. If premiums do not cover all expenses, the remaining costs should be divided among the programs the bonds support.
Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid or reimbursed out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be allocated proportionally to each program funded through this division by the applicable bond sale.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law section states that bonds issued under this division can be refinanced according to certain state rules. When voters approve issuing these bonds, they also approve refinancing them if needed. Basically, refinancing a bond means replacing it with a new bond to manage debt better. The process of refinancing must follow the specific guidelines approved with the bond and can only legally eliminate the debt as allowed by law.
The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this division shall include approval of the issuance, sale, or exchange of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of a
refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law allows funds to be used for giving grants and loans to nonprofit organizations. These funds can help repay certain types of financing as long as the projects align with the division's goals.
Notwithstanding Section 16727 of the Government Code, funds provided pursuant to this division may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code related to projects that are consistent with the purpose of the respective provisions of this division.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
This law states that money from selling certain bonds isn't considered 'tax proceeds' according to Article XIII B of the California Constitution. Therefore, spending this bond money isn't restricted by the rules that apply to spending tax money under that article.
The proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
When bonds are issued under this section, they should, whenever possible, adhere to well-known standards and recommended practices for funding projects aimed at climate change mitigation, adaptation, or resilience.
Bonds issued under this division may, whenever practical, be aligned with generally recognized principles and best practices guidelines for financing climate mitigation, adaptation, or resilience projects.
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(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)