SECTIONS 13425-13433 - California Statutes

WATER CODE

SECTION 13425-13433

13425. Applications for guarantees for local agency bonds under
this chapter shall include:
(a) A description of the proposed facilities.
(b) A financing plan for the proposed facilities, including the
amount of debt and maximum term to maturity of the proposed local
agency bond issue and identification of sources of revenue that will
be dedicated to payment of principal and interest on the bonds.
(c) Other information as required by the state board.
The state board may provide that the application may be combined
with applications for any other source of funds administered by the
state board.

13426. The state board, subject to approval by the Director of
Finance, may agree to provide a guarantee pursuant to this article
for all or a specified part of the proposed local agency bond issue
upon making, after consultation with the State Department of Public
Health, all of the following determinations:
(a) The facilities proposed by an applicant are necessary to the
health or welfare of the inhabitants of the state and are consistent
with water quality control plans adopted by regional boards.
(b) The proposed facilities meet the needs of the applicant.
(c) The proposed bond issue and plan repayment are sound and
feasible.
(d) In the case of facilities proposed under paragraph (2) of
subdivision (c) of Section 13400, the facilities will produce
recycled water and the applicant has adopted a feasible program for
the use of the facilities. The state board may adopt criteria for
ranking and setting priorities among applicants for those guarantees.

13427. No guarantee shall be extended to any applicant unless it
executes an agreement with the state board under which the applicant
agrees to the following provisions:
(a) To proceed expeditiously with, and complete, the proposed
project.
(b) To commence operation of the project on completion, and to
properly operate and maintain the work in accordance with applicable
provisions of law.
(c) To issue bonds and to levy fines, charges, assessments, or
taxes to pay the principal of, and interest on, the bonds as
described in the application.
(d) To diligently and expeditiously collect those levies,
including timely exercise of available legal remedies in the event of
delinquency or default.
(e) To act in accordance with such other provisions as the state
board may require.

13428. Notwithstanding Section 13340 of the Government Code, the
money in the Clean Water Bond Guarantee Fund, which is hereby
created, is continuously appropriated to the state board without
regard to fiscal years for the purposes of this chapter.

13429. Money in the Clean Water Bond Guarantee Fund not needed for
making payments on guaranteed bonds pursuant to this chapter shall be
invested pursuant to law. All proceeds of the investment shall be
deposited in that fund to the extent permitted by federal law.

13430. The state board's authorization to guarantee bonds under
this article shall be limited to bonds with a total principal amount
of not more than 10 times the amount in the Clean Water Bond
Guarantee Fund at the time the state board determines to extend each
guarantee pursuant to Section 13426.

13431. Under no circumstances shall the amount paid out as a result
of bond guarantees extended pursuant to this article exceed the
amount in the Clean Water Bond Guarantee Fund. This article does not
express or imply any commitment by the state board or any other
agency of the state to pay any money or levy any charge or tax or
otherwise exercise its faith and credit on behalf of any local agency
or bondholder beyond the funds in the Clean Water Bond Guarantee
Fund.

13432. The state board may charge an annual fee not to exceed
one-tenth of 1 percent of the principal amount of each bond issue
that it guarantees for guarantee coverage. The state board may charge
a lesser amount. The proceeds of any fee shall be paid into the
Clean Water Bond Guarantee Fund.

13433. The state board shall, by regulation, prescribe rules and
procedures for all of the following:
(a) To pay money from the Clean Water Bond Guarantee Fund to an
insured local agency or bondholder in the event that the amount in
the local agency's bond reserve fund falls below a minimum amount, or
in the event of failure by the local agency to pay the principal of,
or interest on, an insured bond issue on time, as the state board
may require.
(b) To require, by court action if necessary, a local agency to
raise sewer service charges, levy additional assessments, collect
charges or assessments, or foreclose or otherwise sell property as
needed to prevent a reduction in the local agency's bond reserve
fund, or to prevent default, or to collect funds to repay to the fund
any payments made pursuant to subdivision (a).