This law allows California to issue and sell bonds totaling up to $3.44 billion. The money raised is used for water-related projects and to reimburse a specific state fund for bond expenses. These bonds are a reliable financial commitment from the state, which pledges to pay back the bond's principal and interest when they're due.
Bonds in the total amount of three billion four hundred forty million dollars ($3,440,000,000), not including the amount of any refunding bonds issued in accordance with Section 79588, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes set forth in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bond proceeds shall be deposited in the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created by Section 79510. The bonds shall, when sold, 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 principal of and interest on the bonds as they become due and payable.
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(Added November 5, 2002, by initiative Proposition 50.)
This section states that any bonds authorized under this division should follow the same rules and procedures as those outlined in the State General Obligation Bond Law. This includes their preparation, execution, selling, payment, and redemption. Essentially, it means that all the rules from the other law apply here as if they were written in full in this division.
The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all provisions of that law shall apply to the bonds and to this division and are hereby incorporated in this division by this reference as though fully set forth in this division.
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(Added November 5, 2002, by initiative Proposition 50.)
This law section establishes the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee. Its role is to oversee the issuance and sale of bonds under the State General Obligation Bond Law. The committee is made up of the Controller, the Director of Finance, and the Treasurer, or their representatives, with the Treasurer serving as the chairperson. A majority of the committee members can make decisions on behalf of the committee.
Additionally, the law designates the secretary as "the board" for purposes related to this chapter and the bond law.
(a)CA Water Code § 79582(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 Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is hereby created. For purposes of this division, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is “the committee” as that term is used by the State General Obligation Bond Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.
(b)CA Water Code § 79582(b) For purposes of this chapter and the State General Obligation Bond Law, the secretary is designated as “the board.”
Water Security Clean Drinking Water Coastal Protection Beach Protection Finance Committee Controller Director of Finance Treasurer General Obligation Bond Bond Issuance Bond Sale Committee Chairperson Act of 2002 Bond Law Board Designation
(Added November 5, 2002, by initiative Proposition 50.)
This section explains that a committee decides if issuing bonds is needed or preferable to fund certain projects under this law. If they decide to issue bonds, they determine the amount. The statute also allows for bonds to be issued and sold in stages, rather than all at once.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to 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 November 5, 2002, by initiative Proposition 50.)
Each year, California must collect enough money from taxes to cover the payment of principal and interest on state bonds due that year. This collection happens at the same time and in the same way as other state revenues. All officials involved in collecting this money have a responsibility to ensure it's done correctly.
There shall be collected annually 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 maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do so and perform each and every act that is necessary to collect that additional sum.
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(Added November 5, 2002, by initiative Proposition 50.)
This law states that funds from California's General Fund will be used for two key purposes related to this division. First, it ensures there is enough money to pay off both the principal and interest of any bonds issued, according to their due dates. Second, it provides whatever amount is necessary to meet the requirements outlined in Section 79586, disregarding fiscal year boundaries.
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for purposes of this division, an amount that will equal the total of the following:
(a)CA Water Code § 79585(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 Water Code § 79585(b) The sum which is necessary to carry out the provisions of Section 79586, appropriated without regard to fiscal years.
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(Added November 5, 2002, by initiative Proposition 50.)
This law allows the Director of Finance to take money from the General Fund, up to the amount of bonds that are planned to be sold, to help finance specific projects. The withdrawn money is placed in a special fund and must be paid back to the General Fund once the bonds are sold, along with the interest that money would have earned in the state investment account.
For the 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 to be sold for the purpose of carrying out this division. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds that would otherwise be deposited in that fund.
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(Added November 5, 2002, by initiative Proposition 50.)
Any money that comes from extra payments or interest earned from selling bonds is set aside and can be moved to the General Fund to help pay for bond interest costs.
All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
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(Added November 5, 2002, by initiative Proposition 50.)
This law allows for the refunding of previously issued bonds by selling new refunding bonds, following specific procedures outlined in another part of the government code. It also states that when state voters approve the issuance of bonds, that approval automatically includes consent for issuing any refunding bonds needed later on.
Any bonds issued or sold pursuant to this division may be refunded by the issuance of refunding bonds 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. Approval by the electors of the state for the issuance of the bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds.
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(Added November 5, 2002, by initiative Proposition 50.)
This section states that the money gained from selling specific bonds is not considered tax revenue. Therefore, spending this money isn't limited by the rules that apply to tax revenues according to the California Constitution.
The people of California hereby find and declare that inasmuch as 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, the disbursement of these proceeds is not subject to the limitation imposed by that article.
bonds proceeds from bonds California Constitution Article XIII B tax revenue spending limitations bond sales fiscal regulations non-tax proceeds disbursement rules budget restrictions public finance financial administration constitutional limits bond issuance
(Added November 5, 2002, by initiative Proposition 50.)
This law states that the expenses involved in issuing bonds are to be covered by the money raised from those bonds. Each program that receives funding from these bonds must contribute to covering these costs. Additionally, any real expenses for managing the funded programs should be paid using the funds specifically set aside for them.
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded under this division. Actual costs incurred in connection with administering programs authorized under the categories specified in this division shall be paid by the funds authorized for those purposes by this division.
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(Added by Stats. 2003, Ch. 240, Sec. 41. Effective August 13, 2003.)
This section allocates $95 million from unissued bonds to be used specifically under Division 26.7, starting with Section 79700. The money will be taken proportionally from each bond allocation in this division.
Notwithstanding any other law, ninety-five million dollars ($95,000,000) of the unissued bonds authorized for the purposes of this division are reallocated for the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700).
The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this division.
$95 million bond reallocation unissued bonds Division 26.7 Section 79700 pro-rata distribution bond allocation funds reallocation California water projects financial disbursement bond issuance appropriation of funds public finance adjustment funding reallocation process water resources funding government bonds
(Added by Stats. 2014, Ch. 188, Sec. 6. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)