Chapter 10 - Fiscal Provisions

California Public Resources Code — §§ 95000-95015

Sections (16)

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(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)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.

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 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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(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)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)The Treasurer shall serve as the chairperson of the committee.
(d)A majority of the committee may act for the committee.

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 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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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)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)The sum that is necessary to carry out Section 95009.

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 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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

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 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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.

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 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.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

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.