2007 California Health and Safety Code Article 4. General Powers And Duties

CA Codes (hsc:44530-44539)

44530.  All expenses incurred in carrying out the provisions of this
division shall be payable solely from funds provided under the
authority of this division and no liability or obligation shall be
imposed upon the State of California and, except as provided in
Section 44547, none shall be incurred by the authority beyond the
extent to which moneys shall have been provided under the provisions
of this division.  Under no circumstances shall the authority create
any debt, liability, or obligation on the part of the State of
California payable from any source whatsoever other than the moneys
provided under the provisions of this division.




44531.  (a) All projects shall be constructed or completed subject
to the rules and regulations of the authority.
   (b) The authority is authorized to acquire, by deed, purchase,
lease, contract, gift, devise, or otherwise, any real or personal
property, structures, rights, rights-of-way, franchises, easements,
and other interests in lands located within this state necessary or
convenient for the construction or operation of a project, upon such
terms and conditions as it deems advisable, and to lease, sell, or
dispose of the same in such manner as may be necessary or desirable
to carry out the objects and purposes of this division. Nothing in
this division shall authorize the authority to exercise the power of
eminent domain.



44532.  When the principal of and interest on bonds of the authority
issued to finance the cost of a particular project for a
participating party, including any refunding bonds issued to refund
and refinance such bonds, 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.



44533.  (a) No project relating to the improvement of air or water
quality or solid waste control or related to the remediation of
property contaminated by a release of hazardous materials shall be
eligible for financing under this division unless, prior to the
issuance of bonds or notes, a local, regional, state, or federal
environmental authority exercising jurisdiction over the project
certifies that the project, as designed, will further compliance with
federal, state, or local pollution control standards and
requirements.  Within 60 days of the receipt of a written request for
that certification by either the authority or a participating party,
the local, regional, state, or federal authority shall issue a
written certificate to that effect if, in fact, the project as
designed, is in furtherance of those purposes.  The certification
requirements of this subdivision may be waived by the authority, at
the request of the participating party, if that certification is not
necessary to qualify the bonds or notes for tax-exempt status under
federal laws and regulations.
   (b) No certification issued pursuant to  subdivision (a) shall be
admissible in evidence, constitute an admission, or bind any
certifying authority in any proceeding in which the compliance of a
participating party's facilities with any applicable pollution
control, land use, zoning, or other similar law is an issue or in any
application or proceeding for a permit to locate or construct
facilities.


44534.  (a) The authority shall take initial action on any completed
application for financing submitted to it by a participating party
at the next meeting of the authority which occurs more than 10 days
following receipt of such application.
   (b) The authority shall take final action with regard to the
issuance of bonds or notes to lend financial assistance to a
participating party within 60 days of receipt by the authority of a
request from such participating party for the issuance of bonds or
notes.
   A request from a participating party for final approval of the
issuance of bonds or notes shall be accompanied by evidence of
fulfillment of all conditions to the issuance of such bonds or notes
and by copies of forms of all principal legal documents to be
approved by the authority, which must be satisfactory in form and
substance to the Attorney General.
   (c) The authority may give final approval for the issuance of
bonds or notes upon such terms as it deems necessary and desirable.
The authority may, in its discretion, give final approval to the
issuance of bonds or notes prior to receipt of the certificate
described in subdivision (b) of Section 44533.



44535.  (a) The authority may separately approve financing for
projects, the purpose of which is to prevent, remediate, or reduce
environmental pollution resulting from the disposal of solid,
hazardous, or liquid waste.
   (b) The following projects shall be considered for financing:
   (1) Projects utilizing recognized resource recovery or energy
conversion processes.
   (2) Projects utilizing new technologies or processes for resource
recovery or energy conversion.
   (3) Projects utilizing technologies designed to reduce the level
of pollutants found in water.
   (4) Recycled water facilities.
   (5) Water main replacements.
   (6) Water filtration facilities.
   (7) Projects for the disposal of agricultural wastes.
   (8) Soil excavation and removal, and construction, operation, and
maintenance of systems that extract, contain, or treat groundwater,
soil vapor, gas, or leachate.
   (9) Other projects for the reduction or remediation of
environmental pollution resulting from the disposal of solid,
hazardous, or liquid waste, including, but not limited to, payment of
the cost to remediate environmental pollution by a party that is a
de minimis responsible party, in accordance with the standards for an
expedited final settlement specified in subdivision (g) of Section
9622 of Title 42 of the United States Code, or a de micromis
responsible party, under the regulations adopted by the Environmental
Protection Agency pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.).
   (c) The projects specified in subdivision (b) may include elements
that provide for new refuse removal vehicles, transfer stations,
resource recovery or energy conversion plants, source separation, or
any solid or liquid waste disposal facilities involved in resource
recovery systems.  "Solid, hazardous, or liquid waste disposal
facilities" means any property, or portion thereof, used for the
collection, storage, treatment, utilization, processing, or final
disposal of solid, hazardous, or liquid waste in resource recovery
systems.


44536.  The authority may approve financing for projects which
finance pollution control equipment for a facility which is not owned
by the applicant if such equipment is a component of an approved
trade off package to achieve air quality standards.




44537.  Prior to the beginning of each calendar quarter, the
authority shall obtain from the appropriate state control agencies a
list of the names and addresses of those business associations,
corporations, or individuals which have been required, by a specified
deadline, to correct pollution problems caused by existing
facilities.  The authority shall notify such business associations,
corporations, or individuals of its programs for financing pollution
control facilities.
   In addition, the authority shall take all reasonable steps to
publicize its programs so that eligible applicants may be aware of
them.


44537.5.  The authority shall provide the maximum opportunity for
the use of the authority's financing by individuals, businesses
engaged in agricultural operations, and small businesses or
corporations by providing information, assistance, and coordination
to facilitate financing for small projects and other financing that
benefits the environment and the economy of the state, including
financing for projects for the disposal of agricultural wastes, with
special attention to the needs of businesses that do not meet
standard commercial lending requirements but provide public benefits,
such as job creation or retention and the redevelopment for
economically beneficial uses of contaminated properties.  The
authority shall assist with the financing of the costs of, among
other things, assessment of, remedial planning and reporting for,
technical assistance for, and the cleanup, remediation, or
development of, brownfield sites, and any other similar or related
costs, by providing the loans authorized pursuant to subdivision (h)
of Section 44526.  The authority shall provide the maximum
opportunity to provide loan funding pursuant to subdivision (h) of
Section 44526 to assist brownfield site financing assistance programs
where the sites are located in economically struggling communities
suffering from a low level of income or a high level of poverty or
unemployment.



44538.  The authority, no later than March 31 of each year, shall
submit to the Legislature and to the Treasurer a report of its
activities for the preceding calendar year ended December 31.  The
report shall include (1) a listing of applications received, (2) a
listing of applications accepted for financing, (3) specification of
bonds sold, interest rates thereon, and whether bond sales were
pursuant to public bid or were negotiated, (4) specification of the
amount of bonds authorized but currently unsold, (5) a projection of
the authority's needs and requirements for the coming year, and (6) a
report of revenues and expenditures for the preceding fiscal year.
The Treasurer shall review the report and advise the Legislature in
writing of any problems and of any impact on the state's credit
rating and the state's ability to borrow funds for state programs.



44539.  An applicant for financing for a project involving a waste
water treatment plan shall provide evidence satisfactory to the State
Water Resources Control Board that the waste water treatment
facilities will be operated and maintained by competent personnel.
Such evidence shall include, but not be limited to, a description of
operating procedures, organizational structure, minimum personnel
requirements and training program.