SECTIONS 54300-54316 - California Statutes

GOVERNMENT CODE

SECTION 54300-54316

54300. This chapter may be cited as the Revenue Bond Law of 1941.

54301. This chapter is full authority for the issuance of bonds and
the acquisition, construction, or improvement of any enterprise
pursuant to this chapter.

54301.1. This chapter is intended to provide to any local agency
heretofore or hereafter created or authorized to be created an
alternate method of financing any enterprise (as said term is
hereinafter defined), unless the issuance of bonds as defined in
Section 54313 is specifically prohibited to such local agency by the
Constitution of the State of California or by the law or charter
pursuant to which such local agency is organized and operates.

54302. The powers conferred by this chapter are in addition to, and
the limitations imposed by this chapter do not affect, the powers
conferred by any other law.

54303. If this chapter is inconsistent with any other law, this
chapter is controlling.

54304. This chapter shall be liberally construed to promote its
objects.

54305. If the jurisdiction of the legislative body to order the
proposed act is not affected, the defect or omission of any officer
or any local agency in proceedings under this chapter does not
invalidate the proceedings or bonds issued under this chapter.

54306. The terms defined in this article have the meanings set
forth unless the context requires a different meaning.

54307. "Local agency" means any city, county, city and county, or
any municipal or public corporation or district which is authorized
to acquire, construct, own, or operate any enterprise as defined in
Section 54309.

54307.1. "Local agency" also means any entity or agency created
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 for the purpose of acquiring, constructing, maintaining, or
operating an enterprise for the collection, treatment, or disposal of
sewage, waste, or storm water.
(a) Any proposition submitted to an election held within such
local agency or entity for the purpose of authorizing bonds shall be
deemed adopted if it receives the affirmative vote of a majority of
all the voters voting on the proposition. Such election shall be held
within the combined territory of all agencies which, pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1,
have jointly created such local agency or entity; provided that if a
public agency has entered into an agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 on behalf of
a county service area, improvement zone, improvement district,
maintenance district, or other zone or area, only the territory of
such county service area, improvement zone, maintenance district,
improvement district, or other zone or area shall be included in the
combined territory in which the election shall be held.
(b) If compliance with a water quality control plan, adopted
pursuant to Division 7 (commencing with Section 13000) of the Water
Code, requires the construction of facilities for the collection,
treatment, or disposal of sewage, waste, or storm water, and if the
appropriate regional water quality control board, in a cease and
desist order or by other action of the board, finds or determines
that immediate action for the planning and construction of such
facilities is urgently needed for the compliance with such plan and
the prevention of pollution, the election procedures of Article 3
(commencing with Section 54380) of this chapter shall not be
applicable, but undertaking the improvement shall be subject to
referendum on the issuance of bonds. The resolution of the local
agency or entity authorizing the issuance of bonds pursuant to this
chapter shall be subject to referendum within the combined territory
of all the agencies which, pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1, have created such local
agency or entity. Referendum procedures shall, as nearly as
practicable, be those specified in Section 6547.2.
For the purposes of Section 6547.2, however, "local agency" shall
mean the local agency or entity authorizing the issuance of bonds.
The electors of such local agency for the purposes of such section
shall be the electors residing within the boundaries of the local
agency or entity who would be qualified to vote for candidates for
Governor; provided that, should all of the parties to the agreement
be "landowner-voter districts" as defined in Section 56048, the
agreement shall provide which principal district act shall apply for
the purpose of determining voter qualifications, manner of voting,
and number of votes each voter is entitled to cast. A majority vote
against the issuance of bonds shall have the effect of rescinding the
resolution authorizing the issuance of bonds.
In the event that all parties to the agreement are
"landowner-voter districts" as defined in Section 56048, and the
agreement fails to specify which principal act shall apply for the
purposes of determining voter qualifications, voting shall occur in
the manner specified in Division 13 (commencing with Section 34000)
of the Water Code.
(c) Such local agency or entity shall have the power to utilize
any part of its waste or storm water or any parts of the enterprise
acquired or constructed through the issuance of bonds of the local
agency or entity to provide, generate, and deliver hydroelectric
power, and may acquire, construct, operate, and maintain any and all
works, facilities, improvements, and property necessary or convenient
for such utilization.
(d) Such local agency or entity shall have the power (1) pursuant
to contract, to provide, sell, and deliver hydroelectric power to the
federal government or to any board, department, or agency thereof,
to the State of California for purposes of the State Water Resources
Development System, and to any public agency, private corporation, or
any other person or entity, or any combination thereof, engaged in
the sale of electric power at retail; or (2) to use all or any part
of such hydroelectric power directly, or indirectly through exchange,
in exercising any other power of such local agency or entity.
(e) Such local agency or entity shall have the power to acquire,
construct, maintain, and operate works, facilities, improvements, and
property necessary for the provision, generation, and delivery of
hydroelectric power pursuant to subdivisions (c) and (d) of this
section.

54307.2. "Local agency" also means any joint powers agency created
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 for the generating, producing, or transmitting of electric
energy for lighting, heating, and power for public or private uses.
In lieu of holding an election within the joint powers agency, upon
the adoption by the joint powers agency of the resolution referred to
in Article 3 (commencing with Section 54380) of this chapter, each
member public agency of the joint powers agency whose revenues are to
be pledged to secure the bonds shall implement such resolution by
conducting the election within its boundaries in accordance with the
provisions of this chapter. The proposition authorizing the bonds
shall be deemed adopted if it receives the affirmative vote of a
majority of all the voters voting on the proposition within each of
such public agencies.

54307.3. "Local agency" also means any entity or agency created
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 for the purpose of acquiring, constructing,
maintaining, or operating systems, plants, buildings, works or other
facilities or property for the purposes of disposal, treatment, or
conversion to energy and reusable materials of solid waste. Any
proposition submitted to an election held within such local agency
for the purpose of authorizing bonds shall be deemed adopted if it
receives the affirmative vote of a majority of all the voters voting
on the proposition. Such an election shall be held within the
combined territory of all local agencies which, pursuant to such
Article 1, have jointly created such entity or agency.

54307.4. Issuance of bonds for the construction of facilities for
the generation, production, or transmission of electric energy by
wind for lighting, heating, and power for public or private uses,
shall not be subject to the election procedures of Article 3
(commencing with Section 54380), but undertaking the improvement, and
the issuance of bonds therefor, shall be authorized by ordinance or
resolution of the local agency governing board, and shall be subject
to referendum.

54308. "Law" includes the charter of a local agency.

54309. "Enterprise" means a revenue-producing improvement,
building, system, plant, works, facilities, or undertaking used for
or useful for any of the following purposes:
(a) The obtaining, conserving, treating and supplying of water for
domestic use, irrigation, sanitation, industrial use, fire
protection, recreation, or any other public or private uses.
(b) The collection, treatment or disposal of garbage or refuse
matter.
(c) The collection, treatment or disposal of sewage, waste or
storm water, including drainage.
(d) The providing of public parking lots, garages, or other
automotive or vehicular parking facilities, including any and all
public offstreet vehicular parking facilities.
(e) The providing of public transportation by means of a ferry or
ferry system.
(f) The providing of public airports and facilities appurtenant
thereto.
(g) The providing of harbors, including without limitation public
small boat harbors, and facilities and improvements in connection
therewith.
(h) The providing of hospitals and facilities appurtenant thereto.
(i) The providing of public golf courses, and facilities and
improvements in connection therewith.
(j) The generation, production, or transmission of electric energy
for lighting, heating, and power for public or private uses.

54309.1. "Enterprise" includes, but is not limited to, all parts of
the enterprise, all appurtenances to it, and:
(a) Lands, easements, rights in land, water rights, contract
rights, and franchises;
(b) Approaches, dams, reservoirs, trunk, connecting, and other
water mains, filtration works, pumping stations, water supply,
storage, and distribution facilities and equipment;
(c) Garbage trucks, equipment, dumps, garbage disposal plants, and
incinerators or other disposal facilities, including facilities to
sort and prepare components of solid waste for sale and facilities to
convert solid waste to energy and reusable materials;
(d) Sewage treatment plants, sewage disposal plants, intercepting
and collecting sewers, outfall sewers, trunk, connecting, and other
sewer mains;
(e) The franchises or licenses to operate a ferry or ferry system,
all boats and vessels, all land and interest in land, all slips,
wharves, piers, landing places, approaches, and all facilities and
equipment used in the maintenance and operation of a ferry or ferry
system, or harbor, including small boat harbors, marinas, aquatic
playgrounds, and similar recreational facilities;
(f) Ambulances, both inpatient and outpatient facilities,
laboratories, pharmacies, surgical instruments, and equipment of such
nature as may be reasonably necessary for the treatment of patients;
and
(g) All buildings, structures, improvements, equipment, ditches,
canals, and facilities whatsoever appurtenant or relating to the
enterprise.

54310. "Enterprise" does not include, and this chapter does not
authorize a local agency to borrow money and issue bonds for,
systems, plants, works, or undertakings for:
(a) The distribution of electric energy for lighting, heating, and
power for public or private uses.
(b) The generation, production, transmission, and distribution of
gas for public or private uses.
These exclusions shall not apply to systems, plants, works, or
undertakings which result in conversion to energy and reusable
materials of solid waste as defined in Section 66719.

54311. Subject to the limitations of Sections 54309 and 54310, in
any resolution calling an election for the issuance of bonds for
acquiring, constructing, improving, or financing any enterprise, the
legislative body may define "enterprise" and that definition applies
to the bonds authorized at the election.

54312. "Improve" means reconstruct, replace, extend, repair,
better, equip, develop, embellish, or otherwise improve.

54313. "Bonds" means bonds, notes, or other obligations issued by a
local agency pursuant to this chapter and payable exclusively from
revenues of an enterprise and from any or all of the other funds
referred to in Section 54478 upon which the bonds, notes, or other
obligations are to be made a charge and from which they are to be
payable.

54314. "Charges" includes fees, tolls, rates, and rentals.

54315. "Revenues" mean all charges received for, and all other
income and receipts derived by the local agency from, the operation
of the enterprise or arising from the enterprise. Revenues include
revenue deposited in a sinking, redemption, or reserve fund or other
fund to secure the bonds or to provide for the payment of them or the
interest on them.

54316. "Holder of bonds" or "bondholder" means:
(a) The bearer of any outstanding bond registered to bearer or not
registered.
(b) The registered owner of an outstanding bond registered other
than to bearer at the time.