Section § 13410

Explanation

If you're applying for a construction loan under this rule, you need to provide a few key things: a description of the facilities you want to build, an explanation of why they are needed and why normal funding options aren't possible, a repayment plan, and any other details the state board asks for.

Applications for construction loans under this chapter shall include:
(a)CA Water Code § 13410(a) A description of the proposed facilities.
(b)CA Water Code § 13410(b) A statement of facts showing the necessity for the proposed facilities and showing that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency.
(c)CA Water Code § 13410(c) A proposed plan for repaying the loan.
(d)CA Water Code § 13410(d) Other information as required by the state board.

Section § 13411

Explanation

This law section outlines the conditions under which a state board can decide to lend money to a public agency for building facilities. The state board must first consult with the State Department of Health to determine several things: the facilities must be necessary for the health or welfare of the state's residents; the facilities must meet the applicant's needs; the public agency must not have available funds, and getting private funding would be too difficult or costly; the repayment plan for the loan must be workable.

Additionally, if the facilities are meant to prevent water pollution, produce recycled water, or conserve water efficiently, these aspects must also be justified. Once these conditions are met and with approval from the Director of Finance, a loan can be granted.

Upon a determination by the state board, after consultation with the State Department of Health, that (a) the facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state, (b) that the proposed facilities meet the needs of the applicant, (c) that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency, (d) that the proposed plan for repayment is feasible, (e) in the case of facilities proposed under Section 13400(c)(1) that such facilities are necessary to prevent water pollution, (f) in the case of facilities proposed under Section 13400(c)(2) that such facilities will produce recycled water and that the public agency has adopted a feasible program for use thereof, and (g) in the case of facilities proposed under Section 13400(c)(3) that such facilities are a cost effective means of conserving water, the state board, subject to approval by the Director of Finance, may loan to the applicant such sum as it determines is not otherwise available to the public agency to construct the proposed facilities.

Section § 13412

Explanation

This law section says that any loan given to a public agency by the state board must be accompanied by an agreement. In this agreement, the public agency promises to pay back the loan, including interest, within 25 years. The interest rate is set at half of what the state paid on its general obligation bonds the year before the loan agreement is made.

No loan shall be made to a public agency unless it executes an agreement with the state board under which it agrees to repay the amount of the loan, with interest, within 25 years at 50 percent of the average interest rate paid by the state on general obligation bonds sold in the calendar year immediately preceding the year in which the loan agreement is executed.

Section § 13413

Explanation

This law emphasizes that when the state provides construction loans, priority should be given to public agencies that are planning to build facilities in areas where further building has been stopped by health department orders or where such orders are being considered. However, these agencies must still meet all other legal requirements.

It is the policy of this state that, in making construction loans under this article, the state board should give special consideration to facilities proposed to be constructed by public agencies in areas in which further construction of buildings has been halted by order of the State Department of Health or a local health department, or both, or notice has been given that such an order is being considered; provided, however, that the public agencies designated in this section shall otherwise comply with and meet all requirements of other provisions of this chapter.

Section § 13414

Explanation

When the state receives money from loan repayments under this specific program, it must be sent to the State Treasurer and added to a particular fund.

All money received in repayment of loans under this chapter shall be paid to the State Treasurer and credited to the fund.

Section § 13415

Explanation

This law allows the state board to give loans to public agencies to cover up to half the cost of studies related to waste water reclamation. The total amount loaned can't exceed $200,000 per year, with a maximum of $50,000 per public agency annually. If there's less than $2 million available for loans, only 10% of the funds can be used for these studies. Applications must meet the state board's requirements. Loans must be repaid within 10 years, with interest determined as outlined in another section.

(a)CA Water Code § 13415(a) Loans may be made by the state board to public agencies to pay not more than one-half of the cost of studies and investigations made by such public agencies in connection with waste water reclamation.
(b)CA Water Code § 13415(b) Not more than a total of two hundred thousand dollars ($200,00) shall be loaned pursuant to this section in any fiscal year, and not more than fifty thousand dollars ($50,000) shall be loaned to any public agency in any fiscal year pursuant to this section. In the event that less than two million dollars ($2,000,000) is available in any fiscal year for loans under this article, then not more than 10 pecent of the available amount shall be available for loans for studies and investigations pursuant to this section.
(c)CA Water Code § 13415(c) Applications for such loans shall be made in such form, and shall contain such information, as may be required by the state board.
(d)CA Water Code § 13415(d) Such loans shall be repaid within a period not to exceed 10 years, with interest at a rate established in the manner provided in Section 13412.

Section § 13416

Explanation

Before a public agency can get a construction loan contract with the state board, it must hold an election to get public approval. More than half of the people who vote must be in favor for the contract to proceed.

Before a public agency may enter into a contract with the state board for a construction loan under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition.

Section § 13417

Explanation

This law outlines how elections should be conducted when a public agency wants to take on debt through bonds. If there's no specific procedure for bond elections, the agency should follow the Revenue Bond Law of 1941 guidelines. There is no required ballot format, but ballots must clearly state the purpose of the contract, the maximum loan from the state, and include options for "Execution of contract—Yes" or "No." A notice must inform voters of the election’s details, including time, place, purpose, and borrowing amount. Generally, the election covers the entire public agency unless it's only a specific part of it that is involved with the contract.

The election shall be held in accordance with the following provisions:
(a)CA Water Code § 13417(a) The procedure for holding an election on the incurring of bonded indebtedness by such public agency shall be utilized for an election of the proposed contract as nearly as the same may be applicable. Where the law applicable to such agency does not contain such bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) Part 1, Division 2, Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable.
(b)CA Water Code § 13417(b) No particular form of ballot is required.
(c)CA Water Code § 13417(c) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract.
(d)CA Water Code § 13417(d) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election, shall state the maximum amount of money to be borrowed from the state under the contract, and shall contain the words “Execution of contract—Yes” and “Execution of contract—No.”
(e)CA Water Code § 13417(e) The election shall be held in the entire public agency except where the public agency proposes to contract with the state board on behalf of a specified portion, or of specified portions of the public agency, in which case the election shall be held in such portion or portions of the public agency only.

Section § 13418

Explanation

This law states that there is a two-year break from paying part of the principal and interest on state loans for certain public utility districts in North Tahoe, Tahoe City, South Tahoe, Truckee, Squaw Valley, and Alpine Springs. This break is because these districts lost property tax revenue due to a change in the state constitution. However, if money is available from other state funds or bonds issued before a certain date, these payments must proceed. Interest will still accrue during the break and must be paid later. This law does not affect immediate or accelerated repayments required by a separate legal judgment for the Tahoe City Public Utility District.

Notwithstanding any provision of this chapter or any other provision of law, including, but not limited to, the provisions of Chapter 47 and 137 of the Statutes of 1966, First Extraordinary Session, Chapter 1679 of the Statutes of 1967, Chapter 1356 of the Statutes of 1969, and Chapter 920 of the Statutes of 1970, or the provisions of any existing loan contract entered into pursuant to this chapter or any other such provision of law, there shall be a two-year moratorium following the effective date of this section on that portion of the principal and interest payments otherwise required in repayment of funds heretofore loaned to the North Tahoe Public Utility District, the Tahoe City Public Utility District, the South Tahoe Public Utility District, the Truckee Sanitary District, the Squaw Valley County Water District, and the Alpine Springs County Water District pursuant to this chapter or any act of the Legislature authorizing a state loan for the purpose of permitting any such agency to construct necessary sewage and storm drainage facilities to prevent and control water pollution in the area served by such agency, equal in percentage, as determined by the Department of Finance, to the percentage of property tax revenues lost to the agency by reason of the adoption of Article XIII A of the California Constitution, unless moneys are otherwise available for such repayment from state allocations or the sale of bonds authorized on or before July 1, 1978, but unissued. The provisions of this section do not apply to any sums which are required to be repaid immediately or in accordance with an accelerated time schedule pursuant to a duly entered stipulated judgment between the State of California and the Tahoe City Public Utility District. Interest on loans shall accrue during the moratorium period and be repaid by the recipients of the loans, in addition to the normal principal and interest payments.