Article 11 - Local Agency Investment Fund

California Government Code — §§ 16429.1-16429.4

Sections (5)

Amended by Stats. 2014, Ch. 28, Sec. 39. (SB 854) Effective June 20, 2014.

(a)There is in trust in the custody of the Treasurer the Local Agency Investment Fund, which fund is hereby created. The Controller shall maintain a separate account for each governmental unit having deposits in this fund.
(b)Notwithstanding any other law, a local governmental official, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment.
(c)Notwithstanding any other law, an officer of any nonprofit corporation whose membership is confined to public agencies or public

officials, or an officer of a qualified quasi-governmental agency, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment.

(d)Notwithstanding any other law or provision of this section, a local agency, with the approval of its governing body, may deposit in the Local Agency Investment Fund proceeds of the issuance of bonds, notes, certificates of participation, or other evidences of indebtedness of the agency pending expenditure of the proceeds for the authorized purpose of their issuance. In connection with these deposits of proceeds, the Local Agency Investment Fund is authorized to receive and disburse moneys, and to provide information, directly with or to an authorized officer of a trustee or fiscal agent engaged by the local agency, the Local Agency Investment

Fund is authorized to hold investments in the name and for the account of that trustee or fiscal agent, and the Controller shall maintain a separate account for each deposit of proceeds.

(e)The local governmental unit, the nonprofit corporation, or the quasi-governmental agency has the exclusive determination of the length of time its money will be on deposit with the Treasurer.
(f)The trustee or fiscal agent of the local governmental unit has the exclusive determination of the length of time proceeds from the issuance of bonds will be on deposit with the Treasurer.
(g)The Local Investment Advisory Board shall determine those quasi-governmental agencies which qualify to participate in the Local Agency Investment Fund.
(h)The Treasurer may refuse to

accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio.

(i)The Treasurer may invest the money of the fund in securities prescribed in Section 16430. The Treasurer may elect to have the money of the fund invested through the Surplus Money Investment Fund as provided in Article 4 (commencing with Section 16470) of Chapter 3.
(j)Money in the fund shall be invested to achieve the objective of the fund which is to realize the maximum return consistent with safe and prudent treasury management.
(k)All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with

any trust company, or the trust department of any state or national bank.

(l)Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Local Agency Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury on the last day

of the state’s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this section.

(m)The Treasurer shall prepare for distribution a monthly report of investments made during the preceding month.
(n)As used in this section, “local agency,” “local governmental unit,” and “local governmental official” includes a campus or other unit and an official, respectively, of the California State University who deposits

moneys in funds described in Sections 89721, 89722, and 89725 of the Education Code.

Added by Stats. 1976, Ch. 730.

There is created the Local Investment Advisory Board consisting of five members. The chairman shall be the State Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the State Treasurer. Two members who are treasurers, finance or fiscal officers or business managers, employed by any county, city or local district or municipal corporation of this state, shall be appointed by the Treasurer.

The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only.

Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses.

The board’s primary purpose shall be to advise and assist the State Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the State Treasurer in the management of the fund and consult the State Treasurer on any matter relating to the investment and reinvestment of moneys in the fund.

Amended by Stats. 1996, Ch. 833, Sec. 8. Effective January 1, 1997.

Moneys placed with the Treasurer for deposit in the Local Agency Investment Fund by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following:

(a)Transfer or loan pursuant to Sections 16310, 16312, or 16313.
(b)Impoundment or seizure by any state official or state agency.

Added by Stats. 2002, Ch. 761, Sec. 4. Effective September 21, 2002.

The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Local Agency Investment Fund, upon demand, may not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1 of each new fiscal year.

Amended by Stats. 2023, Ch. 131, Sec. 80. (AB 1754) Effective January 1, 2024.

(a)Upon appropriation, the 2022 California Arrearage Payment Program is established in the Department of Community Services and Development.
(b)The department shall release program notices and post program notices related to 2022 CAPP administration on its public-facing internet website.
(c)All active residential utility customers with past due bills incurred during the COVID-19 pandemic bill relief period are considered eligible for 2022 CAPP assistance and shall be included in a utility applicant’s request for 2022 CAPP funding.
(1)The department and utility applicants shall prioritize the issuance of 2022 CAPP assistance in the

following order:

(A)Active residential customers with past due bills and who, absent the 2022 CAPP assistance or any other protection or assistance provided by the utility applicant, might be subject to service disconnection, consistent with current law, due to nonpayment of balances incurred during the COVID-19 pandemic bill relief period.
(B)Active residential customers with past due bills incurred during the COVID-19 pandemic bill relief period.
(2)The department, in its application approval and allocation notice to utility applicants, shall direct utility applicants on how 2022 CAPP assistance will be applied to each of the priority groups. A utility applicant shall be responsible for correcting any misapplication of 2022 CAPP assistance when that failure was due to a utility applicant not properly applying

2022 CAPP assistance to residential customer accounts in accordance with program notices, 2022 CAPP application terms and conditions, and guidance issued by the department.

(d)Within 90 days of receiving funds, upon appropriation, the department shall make available an online application for utility applicants to request 2022 CAPP funding for residential customers.
(1)To receive 2022 CAPP funding, a utility applicant shall complete a 2022 CAPP application, submit all necessary data and information to support the utility applicant’s 2022 CAPP application, execute the 2022 CAPP terms and conditions document, and comply with all department-issued program notices.
(2)All utility applicant 2022 CAPP applications shall include the total number of eligible residential accounts and the total amount of eligible residential

account arrearages incurred during the COVID-19 pandemic bill relief period, and identify for each eligible residential account the corresponding account number and past due bill balance accumulated during the COVID-19 pandemic bill relief period.

(3)The general manager, utility director, or a designee shall certify that the 2022 CAPP application is true and accurate and execute the 2022 CAPP terms and conditions.
(4)(A) Customer information shall be subject to Section 6254.16. This subparagraph shall become inoperative on January 1, 2023.
(B)Customer information shall be subject to Section 7927.410. This subparagraph shall become operative on January 1, 2023.
(e)There shall be a 30-day application timeframe in which utility

applicants may apply to the department for 2022 CAPP funds. The department shall contact a utility applicant that does not respond during the initial application period to inquire as to the status of the utility applicant’s 2022 CAPP application.

(f)The department shall review utility applicant 2022 CAPP applications for completeness and confirm that utility applicants’ submissions support the total amount of financial assistance requested on behalf of residential customers. Incomplete 2022 CAPP applications shall be returned to the utility applicant for corrections or amendments consistent with department notes or directives.
(g)One billion one hundred ninety-seven million dollars ($1,197,000,000) appropriated in Item 4700-101-3398 of the Budget Act of 2022 shall be used for the 2022 CAPP program. The allocation may be adjusted for the purposes of administrative costs. Upon

appropriation, the following specified amounts shall be allocated for each utility category. Funding allocation to one of the categories that is not necessary for assistance for that category may be reallocated to another category.

(1)Two hundred thirty-nine million four hundred thousand dollars ($239,400,000) shall be allocated for financial assistance to customers of local publicly owned electric utilities and electrical cooperatives.
(2)Nine hundred fifty-seven million six hundred thousand dollars ($957,600,000) shall be allocated for financial assistance to customers of electrical corporations and gas corporations, including customers served by a community choice aggregator.
(h)To establish statewide 2022 CAPP allocations, the department shall develop an allocation formula for determining an individual utility

applicant’s share of 2022 CAPP funds based on the proportional share of the total statewide energy utility arrearages.

(1)When determining statewide 2022 CAPP allocations, the department shall ensure utility applicant allocations do not exceed the total amount of eligible arrearages reported in the utility applicant’s 2022 CAPP application. If there are remaining 2022 CAPP funds after the initial allocation determination, the department shall redistribute the remaining 2022 CAPP funds to utility applicants according to their proportional share of the total statewide energy utility arrearages within each utility category.
(2)Upon approving a utility applicant’s 2022 CAPP application, the department shall submit to the utility applicant an application approval and allocation notice that identifies the utility applicant’s allocation along with directions on how to apply 2022 CAPP

funds to customer accounts by priority group. The department shall make all application approval and allocation notices available on its public-facing internet website.

(3)Utility applicants shall provide benefits to residential customers in accordance with program notices, the 2022 CAPP application terms and conditions document, and guidance issued by the department.
(4)The department shall approve utility applicant’s 2022 CAPP applications, set statewide allocations, and disburse funds within seven months of the appropriation for the 2022 CAPP.
(i)Within 60 days of receiving 2022 CAPP funds, a utility applicant shall issue 2022 CAPP benefits to its residential customers as bill credits to help address the past due bills and shall include a statement that the credits are a result of 2022 CAPP funding or other

statement as approved by a department-issued program notice.

(1)Between the time when a utility applicant submits its 2022 CAPP application and the department completes the disbursement of CAPP allocations to all utility applicants, a utility applicant shall not discontinue service due to nonpayment by those residential customers with arrearages accrued during the COVID-19 pandemic bill relief period.
(2)A utility applicant shall not disconnect a residential customer’s utility service, regardless of balance owed after applying a 2022 CAPP benefit, for 90 days after a 2022 CAPP benefit is applied.
(3)If a residential customer has a remaining balance after a 2022 CAPP benefit is applied, the utility applicant shall notify the residential customer of the option to enter into an extended payment plan with late fees

and penalties waived. The utility applicant shall not discontinue service to the residential customer while the residential customer remains current on the repayment plan.

(4)Utility applicants shall waive any associated late fees and accrued interest for residential customers that are awarded 2022 CAPP benefits.
(5)An electrical corporation shall use existing proportional payment processes adopted by the Public Utilities Commission in response to the COVID-19 pandemic to allocate any partial payments made by residential customers to the utility applicant and other load-serving entities in proportion to their respective shares of the outstanding customer charges.
(j)An electrical corporation shall issue 2022 CAPP benefits to residential customer for past due bills owed to the utility applicant and other

load-serving entities serving the residential customer in proportion to their respective shares of customer arrearages.

(k)Within six months of a utility applicant’s receipt of its 2022 CAPP allocation, the utility applicant shall submit all reporting required by the department detailed in a program notice. The utility applicant shall remit payment of any unapplied 2022 CAPP benefits to the department as part of its reporting to the department.
(l)Within 60 days of receiving reporting from utility applicants pursuant to subdivision (k), the department shall provide to the Legislature, and make available on its public-facing internet website, a report. The report shall be submitted in conformance with Section 9795 and shall include all of the following:
(1)Total arrearage amount applied for statewide.
(2)Total active residential customers in arrears applied for statewide.
(3)Total 2022 CAPP funds applied for by utility applicants.
(4)Total 2022 CAPP funds approved by the department and disbursed to utility applicants statewide.
(5)Total 2022 CAPP funds distributed by utility applicants.
(6)Total 2022 CAPP funds not expended and returned to the department by utility applicants.
(7)Total active residential customers, statewide, included in 2022 CAPP applications received by the department.
(8)Total active residential customers, by utility applicant,

included in 2022 CAPP applications received by the department.

(9)Total active residential customers, statewide, that received a 2022 CAPP benefit.
(10)Average 2022 CAPP benefit, statewide, received by active residential customers.
(11)Total active residential customers, by utility applicant, that received a 2022 CAPP benefit.
(12)Average 2022 CAPP benefit, by utility applicant, received by active residential customers.
(13)Total expenditures by the department for the administration of 2022 CAPP.
(m)Utility applicants shall provide all documents and data necessary for the department, or its designee, to complete a

review and audit of 2022 CAPP benefits applied to eligible residential accounts. The department shall provide 30 days’ notice to utility applicants of any document requests to support departmental review and audit.

(n)Notwithstanding any other law, the payment authorized pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, excluding benefits under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or amounts of those benefits.
(o)Notwithstanding any other law, the payment authorized pursuant to this section shall not be considered as income and shall not be taken into account as resources for a period of 12 months from receipt, for

purposes of determining the eligibility of the individual, or any other individual, for benefits or assistance or the amount or extent of benefits or assistance under any state or local program not covered in subdivision (n). With respect to a state or local program, this subdivision shall only be implemented to the extent that it does not conflict with federal law relating to that program, and that any required federal approval or waiver is first obtained for that program.