SECTIONS 9115-9124 - California Statutes

GOVERNMENT CODE

SECTION 9115-9124

9115. (a) In order to adequately provide for the proper housing and
administrative requirements of the Legislature, it is necessary for
the Legislature to acquire and finance additional legislative office
facilities in a location adjacent to the State Capitol Building so as
to provide for the efficient and effective operations of state
government.
(b) The Legislature desires to provide a procedure for acquiring,
and to authorize the financing of, these legislative office
facilities by the enactment of this article.
(c) It is the intent of the Legislature to conduct a thorough
review of the current and long-term requirements of the Legislature
for office facilities and to conduct a study to determine the most
economical and cost-effective method of funding the acquisition of
those office facilities.
(d) It is also the intent of the Legislature to minimize delays,
and thereby reduce costs, in the acquisition of adequate office
facilities, and to that end it is the intent of the Legislature that
the requirements of Division 13 (commencing with Section 21000) of
the Public Resources Code be completed in an expeditious manner
without undue delays.

9117. As used in this article, the following terms have the
following meanings:
(a) "Bonds" means bonds, notes, bond anticipation notes, and any
other evidence of indebtedness, and also includes certificates of
participation or lease-purchase agreements.
(b) "Lease financing" means the financial undertaking authorized
by this article under which the lessee shall lease the project from
the lessor and the rental payments to be paid by the lessee, and any
other authorized or appropriated funds, shall be used to secure the
repayment of the bonds and the proceeds of the bonds shall be applied
to pay the costs of the project and related costs as authorized by
this article.
(c) "Lessee" means the Legislature, acting through its authorized
representative as provided for in this article.
(d) "Lessor" means the State Public Works Board acting pursuant to
the State Building Construction Act of 1955, Part 10b (commencing
with Section 15800) of Division 3 of Title 2, a joint exercise of
powers agency established between the lessee and any qualifying
entity of government and acting pursuant to the Joint Exercise of
Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1, or any other person, corporation, partnership, or other
entity serving as the lessor under the lease financing.
(e) "Project" means the property and the buildings on the property
bounded by 10th, 11th, N, and O Streets in the City of Sacramento,
consisting of two connecting buildings located at 1020 N Street and
1021 O Street in the City of Sacramento, and the remodeling and
rehabilitation of these buildings or destruction and removal of these
buildings and the construction of new buildings on this property for
use as legislative office facilities, and includes all aspects of
the project from initial planning to completion and occupancy by the
Legislature.
(f) "Treasurer" means the Treasurer of the State of California.

9118. (a) The lessee may lease the project from the lessor, and the
lessor may lease the project to the lessee. The lessor may acquire
all real property for the project with the proceeds of the bonds.
(b) The lessee shall take all actions required under this article
by and through any person designated by a resolution adopted by the
Senate Committee on Rules and the Assembly Committee on Rules. The
designated person may contract for, and on behalf of, the
Legislature, as lessee, and the Legislature shall be bound by the
contracts and actions of the designated person.
(c) In connection with the financing authorized by this article,
the lessor and the lessee may seek and obtain interim financing from
the Pooled Money Investment Account pursuant to Section 16312.

9119. (a) The State Public Works Board may issue bonds pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 to finance the project authorized by this article.
(b) The Treasurer may, in his or her discretion, serve as trustee
for the bonds. The Treasurer shall sell the bonds in accordance with
Section 5702.

9120. The terms of the lease financing are those specified in the
lease, trust agreement, indenture, and any related documents executed
and delivered between the lessor, the lessee, and the Treasurer. The
total amount of lease financing under this article shall not exceed
the sum of the cost of the project, including all sums necessary to
pay the costs of coordination, direction, and supervision of
development and design, financing costs, interest during
construction, a reasonably required reserve fund, interest on interim
financing, administrative expenses of the lessor, the lessee, the
Treasurer, and their agents and consultants, and the transfer and
relocation of the present occupants of the buildings to new
facilities.

9121. (a) This article shall be deemed and construed to be separate
and complete authority for all of the actions authorized by this
article, including, but not limited to, the development, design,
construction, operation, maintenance, and financing of the project,
and all acts related thereto, and the transfer and relocation of the
present occupants of the buildings to new facilities. To the extent
that this article is inconsistent with any other general statute or
special act or parts thereof, or any local government laws, rules,
and regulations, now or hereafter enacted, this article is
controlling.
(b) Notwithstanding any other provision of law, the project
authorized by this article shall be subject to Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code and
Division 13 (commencing with Section 21000) of the Public Resources
Code.
(c) The project authorized by this article shall not be subject to
any other state or local government requirement, limitation, or
control, including, but not limited to, zoning and building permits.
(d) This article shall be liberally construed to effect its
purpose and in a manner that will promote the acquisition,
construction, renovation, improvement, and financing of the project.
(e) Notwithstanding any other provision of this article, no funds
shall be expended for the destruction, removal, remodeling, or
rehabilitation of the existing buildings on the project property
prior to the completion of the feasibility study required pursuant to
former Section 9116, as added by Chapter 1366 of the Statutes of
1989, and the approval of the funding source and the project scope
and cost by a subsequently enacted resolution of both houses of the
Legislature.

9122. The State of California does pledge to, and agree with, the
holders of any bonds issued under this article, and with those
parties who may enter into contracts with the lessor, the lessee, and
the Treasurer pursuant to this article, that the state will not
limit or alter the rights vested in the lessor, the lessee, or the
Treasurer to finance the project or to fulfill the terms of any
lease, trust agreement, indenture, or other contract or instrument
by, between, or among the lessor, the lessee, or the Treasurer
pursuant to this article, or in any way impair the rights or remedies
of the bonds or of the parties until those bonds, together with
interest thereon, are fully paid and discharged in accordance with
their terms, and all the contracts and instruments are fully
performed in accordance with their terms.

9123. (a) Title to the buildings and property bounded by 10th,
11th, N, and O Streets in the City of Sacramento shall vest in the
Legislature on the effective date of this act. The Legislature may
transfer title for the purposes of any financing of the project,
however, at the conclusion of any financing, title shall revest in
the Legislature.
(b) The Legislature shall have jurisdiction over the project.
(c) All space in the legislative office facilities and all annexes
and additions thereto shall be allocated from time to time by the
Senate Committee on Rules and the Assembly Committee on Rules in
accordance with their determination of the needs of the Legislature
and the two houses thereof. The committees shall allocate the space
as they determine to be necessary for facilities and agencies in
dealing with the Legislature as a whole, including, but not limited
to, press quarters, billrooms, telephone rooms, and offices for the
Legislative Counsel, Legislative Analyst, Auditor General, and for
committees created by the two houses jointly. The committees shall
allocate to the Senate and the Assembly, respectively, the space they
determine to be needed by the houses and their committees and the
members, their officers, employees, and attaches thereof. The space
for members thus allocated to the Senate and to the Assembly shall be
allotted from time to time proportionately, according to party
affiliation, by the Senate Committee on Rules and the Assembly
Committee on Rules, respectively.

9124. (a) The determination of the Senate Committee on Rules and
the Assembly Committee on Rules as to the needs of the Legislature
shall be subject to change only by action of those committees or by
concurrent resolution.
(b) The Department of General Services shall provide maintenance
and operation services in connection with the legislative office
facilities as requested by the Legislature.