2005 California Government Code Sections 15815-15819.05 CHAPTER 3. CONSTRUCTION AND LEASING OF PUBLIC BUILDINGS

15815.  (a) The plans and specifications for any public building
constructed pursuant to this part shall be prepared by the Department
of General Services, and the board shall reimburse the department
for the costs of its services from the funds available for that
purpose.  Any public building constructed under this part shall be
constructed in accordance with the State Contract Act.
   (b) Subdivision (a) does not apply to any public building
constructed by, or on behalf of, the board for lease-purchase by the
board to, or in connection with, a contract between the board and any
of the following entities:
   (1) The Regents of the University of California, if the public
building is constructed under Article 1 (commencing with Section
10500) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract
Code.
   (2) The Trustees of the California State University, if the public
building is constructed under Chapter 2.5 (commencing with Section
10700) of Part 2 of Division 2 of the Public Contract Code.
   (3) A community college district, if the building is constructed
under Article 47 (commencing with Section 20650) of Chapter 1 of Part
3 of Division 2 of the Public Contract Code.
   (c) Subdivision (a) does not apply to any public building
constructed with the Administrative Office of the Courts serving as
the implementing agency under subdivision (b) of Section 70374.
15816.  (a) When any public building has been acquired or
constructed by the board, and the revenues, rentals, or receipts from
the operation of the public building are no longer required or
pledged for the payment of principal or interest on any of the
certificates or revenue bonds of the board undertaken under this
part, the board shall forthwith notify the Department of General
Services of that fact, and thereafter the public building shall be
under the jurisdiction of, and operated and maintained by, the
Department of General Services.
   (b) Subdivision (a) shall not apply to any public facility used
pursuant to Section 15817.1 by, or to any public building constructed
for lease-purchase, to the Regents of the University of California,
the Trustees of the California State University, the Board of
Governors of the California Maritime Academy, or any community
college district, pursuant to this part.  When the revenues, rentals,
or receipts from the operation of any public facility or public
building are no longer required or pledged for the payment of
principal or interest on the certificates or revenue bonds of the
board, title to the public building shall vest in the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Maritime
Academy, or  the community college district.
   (c) If at any time funds are available by law to retire any
certificates or revenue bonds issued to defray the cost of any public
building, these funds shall be applied to the redemption of
certificates or revenue bonds secured by the rentals and revenues
from that public building.
15817.  The Department of General Services or any other state
agency, with the approval of the Department of General Services, may
lease, as lessee, and the board may lease, as lessor, any public
building constructed by the board for a term not exceeding 35 years
from the date of occupancy at such rentals as are determined by the
board.  Rentals under a lease shall commence upon the date of
occupancy, irrespective of whether the public building has been
finally accepted by the Department of General Services.
15817.1.  (a) Exclusively for the purpose of providing the financing
of public buildings or equipment pursuant to this part through the
issuance of revenue bonds, notes, or certificates by the board, and
notwithstanding any other provision of law, the board may buy or
lease from any community college district, the Trustees of the
California State University, or the Regents of the University of
California public facilities identified by and under the jurisdiction
or control of the community college district, the Trustees of the
California State University, or the Regents of the University of
California, and, in that connection, the board may then sell or lease
those public facilities back to the community college district, the
Trustees of the California State University, or the Regents of the
University of California.  In each case, the sale or lease shall
provide installment payment or rental provisions, term, payment,
security, default, remedy, and other terms or provisions as may be
specified in the installment sale, lease, or other agreement or
agreements between the board and the community college district, the
Trustees of the California State University, or the Regents of the
University of California.  The public facilities or equipment that
are sold or leased pursuant to this section may be existing public
facilities or equipment, as determined by the board and the community
college district, the Trustees of the California State University,
or the Regents of the University of California, and which are also
determined to have both of the following:
   (1) A fair market value that is not less than the principal amount
of the bonds, notes, or certificates of the board authorized to be
issued for the purpose of providing the financing of public buildings
pursuant to this part.
   (2) An economic useful life that is not shorter than the final
maturity of the bonds, notes, or certificates of the board authorized
to be issued for the purpose of providing the financing of public
buildings pursuant to this part.
   (b) These determinations by the board, and the community college
district, the Trustees of the California State University, or the
Regents of the University of California pursuant to subdivision (a)
shall be final and conclusive.
15818.  Exclusively for the purpose of securing the financing of
projects through the issuance of revenue bonds, notes, or
certificates by the board, and notwithstanding any other law, any
community college district may buy or lease public buildings or
equipment, or both, from the board, and in connection therewith, sell
or lease public buildings or equipment, or both, to the board, in
each case with the installment payment or rental provisions, term,
payment, security, default, remedy, and other terms or provisions as
may be specified in the installment sale, lease, or other agreement
or agreements, between the board and the community college district.
This section provides a complete, additional, and alternative method
for performing the acts authorized by this section, and any sale or
lease of public buildings or equipment, or both, to the board or any
community college district, any purchase or lease of public buildings
or equipment, or both, from the board or any community college
district, and any agreement for liquidity or credit enhancement in
connection therewith, pursuant to this section, need not comply with
the requirements of any other law applicable to sale, purchase,
lease, or credit, as the case may be, by a community college
district.
15819.  After first obtaining the written consent of all of the
holders of the revenue bonds or certificates issued on the public
buildings from which the excess revenues, rentals, or receipts are to
be derived, the board may by appropriate resolution pledge the
revenues, rentals, or receipts from public buildings authorized under
this part in any one session of the Legislature in excess of those
revenues, rentals, or receipts necessary for the payment of the
principal of, and interest on, the certificates or revenue bonds
issued to finance the construction of such public buildings, to the
payment of the principal of, and interest on, the certificates or
revenue bonds issued to finance the construction of any other public
buildings authorized under this part.  This section shall not apply
to public buildings authorized by the Legislature after the 1961
General Session.
15819.05.  (a) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of this part to finance the
acquisition of the facilities specified in Sections 14016 and
14669.9.
   (b) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs.  The additional amount
may include interest and a reasonable required reserve fund.
   (c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed one hundred and seventy-five million dollars
($175,000,000).
   (d) The State Public Works Board may authorize the augmentation of
the amount authorized by this section subject to the limitations
specified in Section 13332.11.
   (e) Notwithstanding Section 13340 of the Government Code, funds
derived from the interim and permanent financing or refinancing of
the facilities specified in Sections 14016 and 14669.9 are hereby
continuously appropriated without regard to fiscal year for these
purposes.