Article 2 - Organization of Authority and General Powers and Duties Thereof

California Public Resources Code — §§ 26004-26017

Sections (12)

Amended by Stats. 1994, Ch. 1218, Sec. 8. Effective January 1, 1995.

(a)There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function.
(b)The authority shall consist of five members, as follows:
(1)The Director of Finance.
(2)The Chairperson of the State Energy Resources Conservation and Development Commission.
(3)The President of the Public Utilities Commission.
(4)The Controller.
(5)The Treasurer, who shall serve as the chairperson of the authority.
(c)The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority.
(d)The first meeting of the authority shall be convened by the Treasurer.

Added by Stats. 1980, Ch. 908, Sec. 1.

All members of the authority shall serve thereon without compensation as members of the authority.

Added by Stats. 1980, Ch. 908, Sec. 1.

The provisions of this division shall be administered by the authority which shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed upon it under this division.

Added by Stats. 1980, Ch. 908, Sec. 1.

The authority shall maintain an office in the City of Sacramento.

Amended by Stats. 2012, Ch. 677, Sec. 7. (SB 1128) Effective January 1, 2013.

The authority may employ an executive director and any other persons as are necessary to enable it properly to perform the duties imposed upon it by this division. The executive director shall serve at the pleasure of the authority and shall receive such compensation as shall be fixed by the authority. The authority may, by resolution, delegate to its executive director, or any other employee of the authority, or the Treasurer’s designee any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority.

Amended by Stats. 2012, Ch. 677, Sec. 8. (SB 1128) Effective January 1, 2013.

The authority may adopt, amend, or repeal all rules and regulations necessary to carry out this division as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of the regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

Added by Stats. 1980, Ch. 908, Sec. 1.

(a)The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General, the authority may employ such legal counsel as in its judgment is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this division, including the employment of such bond counsel as may be deemed advisable in connection with the issuance and sale of bonds.
(b)The Director of Finance shall be the treasurer of the authority.

Amended by Stats. 2012, Ch. 677, Sec. 9. (SB 1128) Effective January 1, 2013.

The authority is authorized and empowered:

(a)To adopt an official seal.
(b)To sue and be sued in its own name.
(c)To issue bonds, notes, bond anticipation notes, and other obligations of the authority, including, at the option of the authority, obligations bearing interest that is taxable for purposes of federal income taxation, for any of its purposes and to fund or refund the same, all as provided in this division.
(d)To determine the location and character of a project to be financed under the provisions of this

division, to provide financial assistance to a participating party, to enter into loan agreements with a participating party for the financing of a project including creating a lien or security interest in the property, to construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and to enter into contracts for the sale of a project, including installment sales or sales under conditional sales contracts.

(e)To fix fees and charges for projects, and interest rates with respect to loans for projects or for loan of moneys to finance projects, and to revise from time to time the fees and charges and interest rates, and to collect rates, rents, fees, loan repayments, and charges for the use of, and for a facility or service furnished, or to be furnished, by a project or part of the project and to contract with a

person, partnership, association, corporation, or public agency with respect to the project, and to fix the terms and conditions upon which a project may be sold or disposed of, whether upon installment sales contracts or otherwise.

(f)To employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; to contract to advance the purposes of this division.
(g)To purchase, with proceeds of its bonds or its revenue, bonds issued by a public agency at a public or negotiated sale. Bonds purchased pursuant to this subdivision may be held by the authority or sold to public or private purchasers at public or

negotiated sales, in whole or in part, separately or together with other bonds issued by the authority.

(h)To do all things generally necessary or convenient to carry out the purposes of this division.

Amended by Stats. 2012, Ch. 677, Sec. 16. (SB 1128) Effective January 1, 2013.

When the principal of and interest on bonds of the authority issued to finance or refund the cost of a particular project for a participating party shall have been fully paid and retired or when adequate provision shall have been made for the payment and retirement of the same, and all other conditions of the resolution, indenture, or agreement authorizing and securing the same shall have been satisfied and the lien of such resolution, indenture, or agreement shall have been released in accordance with the provisions thereof, the authority is authorized, upon such terms and conditions as may be prescribed by the authority, to execute such deeds and conveyances as are necessary or required to convey title to such project to such

participating party.

Amended by Stats. 2012, Ch. 677, Sec. 17. (SB 1128) Effective January 1, 2013.

(a)The authority, or the executive director of the authority, if authorized to do so 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 receipt of such application or if by the executive director within 45 days of such receipt. The executive director may be authorized to take such action in a resolution of general authority. Official action towards the issuance of bonds may reserve the right of the authority to further review an application for financing and to consider the terms thereof prior to the issuance of bonds therefor.
(b)The authority shall take final action to approve or disapprove of the issuance of bonds or notes to lend financial assistance to participating parties within 60 days of the receipt by the authority of a request from such participating party for such action. Any such request by a participating party for such final action shall be accompanied by evidence of fulfillment of any and all conditions to the issuance of such bonds or notes imposed at the time the first action towards the issuance thereof was taken by the authority and by copies of forms of all principal legal documents to be approved by the authority.
(c)The authority may give final approval for the issuance of such bonds or notes upon such terms as it reasonably deems necessary or desirable.
(d)Any action under this section shall be at the sole discretion of the authority.

Amended by Stats. 2012, Ch. 677, Sec. 20. (SB 1128) Effective January 1, 2013.

The authority, no 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. Such report shall include (a) a listing of the applications received, (b) a listing of the applications accepted for financing, (c) a specification of bonds sold, interest rates thereon, and whether bond sales were pursuant to public bid or were negotiated, (d) a specification of the amount of bonds authorized but currently unsold, (e) a projection of the authority’s needs and requirements for the coming year, and (f) a report of revenues and expenditures for the preceding fiscal year.