2007 California Health and Safety Code Article 2. Organization Of Authority

CA Codes (hsc:44515-44522)

44515.  There is in the state government the California Pollution
Control Financing Authority.  The authority constitutes a public
instrumentality and a political subdivision of the State of
California, and the exercise by the authority of the powers conferred
by this division shall be deemed and held to be the performance of
an essential public function.  The authority shall consist of three
members:  the Director of Finance, the State Treasurer, and the State
Controller.
   The Director of Finance may designate a deputy or clerk in his
agency to act for him and represent him at all meetings of the
authority.
   The first meeting of the authority shall be convened by the
Director of Finance.


44516.  All members of the authority shall serve thereon without
compensation as members of the authority.



44517.  The authority 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.



44518.  The authority shall maintain an office in the City of
Sacramento.


44519.  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 authority may delegate to the
executive director the power to enter contracts on behalf of the
authority.


44520.  (a) The authority shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt all necessary rules and regulations to
carry out its powers and duties under this division.  The authority
may call upon any board or department of the state government for aid
and assistance in the preparation of plans and specifications and in
the development of technology necessary to effectively control
pollution.
   (b) Notwithstanding subdivision (a), the authority, or any other
agency implementing a small business or brownfield site financing
assistance program pursuant to an interagency agreement with the
authority, may adopt regulations relating to small business or
brownfield site financing as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  For purposes of that Chapter 3.5,
including Section 11349.6 of the Government Code, the adoption of
the regulations shall be considered by the Office of Administrative
Law to be necessary for the immediate preservation of the public
peace, health and safety, and general welfare.  Notwithstanding
subdivision (e) of Section 11346.1 of the Government Code, the
regulations shall be repealed 180 days after their effective date,
unless the adopting authority or agency complies with that Chapter
3.5, as provided in subdivision (e) of Section 11346.1 of the
Government Code.
   (c) Notwithstanding subdivision (a), the authority, or any other
agency implementing a loan program pursuant to an interagency
agreement with the authority, may adopt regulations relating to the
loans and grants authorized under subdivision (g) of Section 44526 as
emergency regulations in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.  For purposes of that Chapter 3.5, including Section
11349.6 of the Government Code, the adoption of the regulations
shall be considered by the Office of Administrative Law to be
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.  Notwithstanding subdivision (e) of
Section 11346.1 of the Government Code, the regulations shall be
repealed 180 days after their effective date, unless the adopting
authority or agency complies with that Chapter 3.5, as provided in
subdivision (e) of Section 11346.1 of the Government Code.




44521.  (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 State Treasurer shall be the treasurer for the authority.




44522.  The authority is authorized and empowered:
   (a) To adopt an official seal.
   (b) To sue and be sued in its own name.
   (c) To do all things generally necessary or convenient to carry
out its powers and the purposes under this division.
   (d) To make temporary loans from those funds set aside for its
administrative costs to state financing authorities or advisory
commissions created by a statute which takes effect on or after
January 1, 1981, and which designates the State Treasurer as the
chairperson, such loans to be returned with interest as specified by
Section 16314 of the Government Code.