SECTIONS 92430-92450 - California Statutes

EDUCATION CODE

SECTION 92430-92450

92430. In addition to, and in amplification of, all other powers
conferred upon the regents by the Constitution or by any statute of
this state, the regents shall have all of the powers set forth in
this article.

92431. The regents may acquire by grant, purchase, gift, devise,
lease, or by the exercise of the right of eminent domain, and may
hold, use, sell, lease, or dispose of any real or personal property
necessary for the full exercise or convenient or useful for the
carrying on of any of its powers pursuant to this chapter.

92432. The regents may construct, own, operate, and control any
project.

92433. The regents may fix rates, rents, or other charges for the
use of any facilities acquired, constructed, equipped, furnished,
operated, or maintained by the regents, or for services rendered in
connection with such facilities, and may alter, change, or modify
such rates, rents, or other charges at its pleasure, subject to any
contractual obligation which may be entered into by the regents with
respect to the fixing of such rates, rents, or charges.

92434. The regents may enter into covenants to increase rates or
charges from time to time as may be necessary pursuant to any
contract or agreement with the holders of any bonds of the regents.

92435. The regents may at any time and from time to time issue
revenue bonds in order to raise funds for the purpose of establishing
any project or of acquiring lands for any project, or of acquiring,
constructing, improving, equipping, or furnishing any project, or of
refinancing any project, or for any combination of such purposes,
which bonds may be secured as provided in this chapter.

92436. The regents may contract with any department or agency of
the United States or of this state upon such terms and conditions as
the regents find are for the best interests of the university.

92437. The regents may make contracts, leases, and agreements with
any person or public corporation, political subdivision, city,
county, district, or any agency of any person or such entity and may
generally perform all acts necessary for the full exercise of the
powers vested in the regents.

92438. The regents may sell, lease, convey, or otherwise dispose of
any of its rights, interest, or properties, subject to any
contractual obligation which may be entered into by the regents with
respect to the issuance of revenue bonds.

92439. The regents may exercise the right of eminent domain for the
condemnation of private property, or of any right or interest in
private property.

92440. The regents may adopt such rules and regulations as may be
necessary to enable the regents to exercise the powers and to perform
the duties conferred or imposed upon the regents by this chapter.

92440.5. (a) Notwithstanding any other provision of law, to the
extent that the regents adopt or amend a rule or regulation
pertaining to the governance and maintenance of the buildings and
grounds of the University of California pursuant to this section,
addressing the conduct of persons who are not students, officers, or
employees of the University of California when that conduct is a
threat to persons or property or constitutes interference with
functions or activities of the university, the violation of that rule
or regulation is a misdemeanor.
(b) (1) A proposed rule or regulation subject to this section
shall be reviewed by the regents' office of general counsel for
necessity, authority, clarity, consistency, reference, and
nonduplication. The office of general counsel may recommend to the
regents any action it deems appropriate concerning the proposed rule
or regulation.
(2) For purposes of paragraph (1), "necessity," "authority,"
"clarity," "consistency," "reference," and "nonduplication" have the
same meaning as those words are defined by Section 11349 of the
Government Code.
(c) Notice of the proposed rule or regulation described in this
section shall be available to the public in electronic format and
shall be published at least 45 days prior to a public hearing in a
newspaper of general circulation in each county in which the regents
maintain a campus. The notice shall include the right of the public
to comment orally or in writing on the proposed rule or regulation
either prior to or during the public hearing.
(d) The public shall be provided the opportunity to comment on the
proposed rule or regulation at that public hearing.
(e) The regents shall maintain a rulemaking file containing the
public notice, public comments, and minutes of the public hearing,
including the action taken.
(f) The rulemaking file maintained pursuant to subdivision (e)
shall contain a summary of each objection or recommendation made with
an explanation of how the proposed rule or regulation was changed to
accommodate each objection or recommendation, or the reason or
reasons for making no change.
(g) The proposed rule or regulation shall be accompanied by an
estimate of the effect of the proposed rule or regulation with regard
to the costs or savings to the regents, other state or local agency,
or any combination.
(h) The regents shall transmit the rule or regulation, as adopted,
to the Secretary of State for filing, and, upon publication in the
California Code of Regulations, a violation of the rule or regulation
is a misdemeanor.
(i) This section may not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or the constitutionally protected right of personal
privacy.

92441. The regents have full charge of the acquisition,
construction, and completion of all projects authorized by the
regents and may proceed with such work forthwith.

92442. The regents may construct any project and acquire all
property necessary for a project in such manner and at such location
and on such terms and conditions as the regents deem advisable. A
project may, but need not, be constructed or acquired on any campus
and may be constructed or acquired at any location deemed by the
regents advisable for the accomplishment of the purposes of this
chapter.

92443. Title to all property acquired by the regents, and the
revenues and income from such property, is in the regents. The title
to any moneys, revenues, sinking funds, reserve funds, and other
funds of the regents and the income from such moneys, revenues, and
funds pledged to the payment of the principal or interest or any
bonds issued thereunder is subject to trusts declared in favor of the
bondholders. All such property, including such property and
facilities belonging to the college affiliated with the University of
California pursuant to Section 92201, and the income from such
property are exempt from all taxation by the state or by any county,
city and county, city, district, political subdivision, or public
corporation of any such entity. The management, operation, and
control of all improvements acquired, constructed, or completed by
the regents are vested in the regents.

92444. At all times the operation, maintenance, control, repair,
construction, reconstruction, alteration, and improvement of any
project are vested in the regents.

92445. The regents may use for the payment of the costs of
acquisition, construction, or completion of any project any funds
made available to the regents by the state or any other funds
provided by the regents from any source, to be expended for the
accomplishing of the purposes set forth in this chapter, together
with the proceeds of revenue bonds issued and sold by the regents.

92446. The regents may insure against loss of revenues from any
cause whatsoever and the proceeds of any such insurance shall be used
solely for the payment of bonds and the interest on the bonds.

92447. The regents may insure against public liability or property
damage and against loss by fire or other hazards. The regents may
provide in an indenture for the carrying of such insurance, or any
other insurance, in such amount and of such character as it shall
determine, and for the payment of the premiums on such insurance.

92448. The regents may authorize any officer or officers of the
regents to prepare and procure the printing or engrossing of bonds,
coupons, indentures, or other instruments and contracts or agreements
of every kind required or convenient for, or pertaining to, the
issuance or sale of bonds.

92449. The regents shall fix rents, charges, and fees for all
projects acquired, constructed, or completed under the terms of this
chapter for the use of such projects by any persons utilizing the
facilities of such projects, subject to such contractual obligations
as may be entered into by the regents and the holders of bonds issued
pursuant to this chapter. The regents may change rents, charges, and
fees from time to time, as conditions warrant. All rents, charges,
and fees shall at all times be fixed to yield annual revenue equal to
annual operating and maintenance expenses, including repairs and
insurance costs and all redemption payments and interest charges and
reserve fund requirements on revenue bonds at any time issued and
outstanding pursuant to this chapter, as they become due.

92450. Nothing in this article or elsewhere in this chapter shall
be construed directly or by implication to be in any way in
derogation of, or in limitation of, powers conferred upon, or
existing in, the regents by virtue of provisions of the Constitution
or statutes of this state.