SECTIONS 9590-9605 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 9590-9605

9590. This chapter shall be known and may be cited as the Senior
Center Bond Act of 1984.

9591. The following definitions shall govern the construction of
this chapter:
(a) "Acquiring" means obtaining ownership of an existing facility
in fee simple or by lease for 10 years or more for use as a senior
center.
(b) "Altering" or "renovating" means making modifications to an
existing facility that are necessary for cost-effective use as a
senior center, including restoration, repair, expansion, and all
related physical improvements.
(c) "Area agency" means the area agency on aging designated in a
planning and service area to develop and administer the area plan for
a comprehensive and coordinated system of services for older
individuals.
(d) "Board" means the California Department of Aging.
(e) "Bond" means a state general obligation bond issued pursuant
to this chapter adopting the provisions of the State General
Obligation Bond Law.
(f) "Committee" means the Senior Center Finance Committee.
(g) "Constructing" means building a new facility, including the
costs of land acquisition and architectural and engineering fees.
(h) "Equipment" means tangible personal property having a useful
life of more than one year and an acquisition cost of three hundred
dollars ($300) or more.
(i) "Fund" means the Senior Center Bond Act Fund of 1984.
(j) "Multipurpose senior center" means a community facility with
regular operating hours and staff that provides for a broad spectrum
of health, social, nutritional, and educational services and
recreational activities for older individuals.
(k) "Nonprofit" means an institution or organization that is owned
and operated by one or more corporations or associations, with no
part of the net earnings benefiting any private shareholder or
individual.
(l) "Planning and service area" means a geographic area that is
designated for purposes of planning, development, delivery, and
overall administration of services under an area plan.
(m) "Program" means one of the service components provided for
older individuals in a senior center.
(n) "Senior center" means a community focal point on aging, where
older individuals as individuals or in groups come together for
services and activities which enhance their dignity, support their
independence, and encourage their involvement in and with the
community. Senior center programs consist of a variety of services
and activities in areas, such as education, creative arts,
recreation, advocacy, leadership development, employment, health,
nutrition, social work, and other supportive services.
(o) "Startup costs" means a one-time capital outlay to fund
programs in a newly constructed senior center, a one-time capital
outlay to fund additional programs in an existing senior center, or
initial service delivery costs.

9592. There is hereby created in the State Treasury the Senior
Center Bond Act Fund, which is comprised of moneys collected pursuant
to the issuance and sale of bonds pursuant to this chapter. The
Senior Center Bond Act Fund is hereby appropriated to the Controller,
without regard to fiscal years, for allocation, upon the request of
the director, for the purposes specified in this chapter.

9593. The department shall make awards from funds derived from this
bond act to public or private nonprofit agencies for the purpose of
acquiring, renovating, constructing, and purchasing of equipment for
senior centers, or funding startup costs of programs, or program
expansion of senior center programs.

9594. Eligible applicants for funding under this chapter include
units of general purpose local government or other nonprofit private
agencies or organizations, including the State of California or area
agencies on aging.

9595. (a) A recipient of a contract for the acquisition of a
facility to be used as a senior center shall assure that the facility
will be used for that purpose for at least 10 years from the date of
acquisition.
(b) A recipient of a contract for the renovation of an existing
facility to be used as a senior center shall assure the department
that the facility will be used for that purpose for the following
periods:
(1) Not less than three years from the date the contract
terminates, where the amount of the award does not exceed thirty
thousand dollars ($30,000).
(2) If the award exceeds thirty thousand dollars ($30,000), the
fixed period of time shall increase one year for each additional ten
thousand dollars ($10,000) or part thereof, to a maximum of
seventy-five thousand dollars ($75,000).
(3) For awards which exceed seventy-five thousand dollars
($75,000), the fixed period of time shall not be less than 10 years.
(c) A recipient of a contract for the construction of a facility
to be used as a senior center shall assure the department the
facility will be used for that purpose for at least 20 years after
completion of construction.

9596. (a) The State of California shall be entitled to recapture a
portion of state funds from the owner of a facility, if within 10
years after acquisition or 20 years after completion of construction,
either of the following occurs:
(1) The owner of the facility ceases to be a public or nonprofit
agency.
(2) The facility is no longer used for senior center activities.
(b) The amount recovered shall be that proportion of the current
value of the facility equal to the proportion of state funds
contributed to the original cost. The current value of the facility
shall be determined by an agreement between the owner of the facility
and the State of California, or by an action in the court in the
jurisdiction in which the facility is located.

9597. A facility altered, acquired, renovated, constructed, or
equipped using funds allocated under this chapter to be used for a
senior center facility may not be used and may not be intended to be
used for sectarian instruction or as a place for religious worship.

9598. In a senior center facility that is shared with other age
groups, funds received under this chapter may support only the
following:
(a) That part of the facility used by older individuals.
(b) A proportionate share of the costs based on the extent of use
of the facility by older individuals.

9599. Proposals shall do all of the following:
(a) Document the need for a senior center or renovation, program
addition, or expansion or equipment purchase.
(b) Contain a written commitment from service providers that
services will be provided in the senior center.
(c) Contain a community match for funding equal to 15 percent of
the total amount requested. The match may be in cash or in kind. Each
area agency shall waive the community match upon verifying that the
low-income or rural community made a substantial effort to secure a
match, but still was unable to secure the required match.
(d) Document the cost effectiveness of the proposal.

9600. (a) Priority for funding shall be given to proposals for
multipurpose senior centers that are open to all seniors. Each area
agency shall rank the proposals it submits to the department for
funding. The area agency, together with its advisory council, in
ranking the proposals shall consider the most feasible facilities to
serve as senior centers and the most qualified local agencies to
operate the programs in those centers in their jurisdictions.
Approval from the area agency shall be obtained before any contract
is awarded in its jurisdiction.
(b) The department and each area agency shall also give priority
consideration to fund proposals that are from rural or low-income and
racial or ethnic minority areas of the state.
(c) The department shall consider any protest or objection
regarding the award of a contract, whether submitted before or after
the award, provided that the protest is filed within the time period
established in the request for proposals. All protests or objections
shall be filed in writing. The protesting party shall be notified in
writing of the final decision on the protest, and the notification
shall set forth the rationale upon which the decision is based.

9601. Funds not utilized by each planning and service area shall be
reallocated to other planning and service areas with the highest
documented need for a senior center.

9602. The State General Obligation Bond Law is adopted for the
purpose of the issuance, sale, and repayment of, and otherwise
providing with respect to, the bonds authorized to be issued pursuant
to this chapter, and the provisions of that law are included in this
chapter as though set out in full in this chapter.

9603. For the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized in this chapter, the Senior Center Finance Committee is
hereby created. The committee consists of the Treasurer, the
Controller, the Director of Finance, and the director. The committee
is hereby authorized and empowered to create a debt or debts, or
liability or liabilities, of the State of California, in the
aggregate amount of fifty million dollars ($50,000,000), in the
manner provided in this chapter. The debt or debts, or liability or
liabilities shall be created for the purpose of acquiring,
renovation, constructing, purchasing of equipment, funding startup
costs of programs, or funding expansion of existing programs of
senior centers. When sold, the bonds authorized by this chapter shall
constitute valid and legally binding general obligations of the
State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal and interest thereon. There shall be collected annually in
the same manner and at the same time as other state revenue is
collected such a sum, in addition to the ordinary revenues of the
state, as shall be required to pay the interest and principal on the
bonds maturing each year, and it is hereby made the duty of all
officers charged by law with any duty in regard to the collection of
the revenue to do and perform each and every act that shall be
necessary to collect that additional sum. All money deposited in the
fund that has been derived from premium and accrued interest on bonds
sold shall be available for transfer to the General Fund as a credit
to expenditures for bond interest. All money deposited in the fund
pursuant to any provision of law requiring repayments to the state
for assistance financed by the proceeds of the bonds authorized by
this chapter shall be available for transfer to the General Fund.
When transferred to the General Fund, this money shall be applied as
a reimbursement to the General Fund on account of principal and
interest on the bonds paid from the General Fund.

9604. There is hereby appropriated from the General Fund in the
State Treasury for the purpose of this chapter, an amount as will be
equal to the following:
(a) That sum annually as will be necessary to pay the principal
of, and the interest on, the bonds issued and sold pursuant to this
chapter, as principal and interest become due and payable.
(b) That sum as is necessary to carry out Section 9603, which sum
is appropriated without regard to fiscal years.

9605. (a) For purposes of carrying out this chapter, the Director
of Finance may, by executive order, authorize the withdrawal from the
General Fund of an amount or amounts not to exceed the amount of the
unsold bonds which the committee has by resolution authorized to be
sold for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited in the fund and shall be disbursed by
the board in accordance with this chapter. These withdrawals from the
General Fund shall be returned to the General Fund with interest at
the rate which would have otherwise been earned by these sums in the
Pooled Money Investment Fund.
(b) The committee may authorize the Treasurer to sell all or any
part of the bonds authorized by this chapter at the time or times as
may be fixed by the Treasurer.
(c) All proceeds from the sale of bonds, except those derived from
premiums and accrued interest, shall be available for the purpose
provided in Section 9592 but shall not be available for transfer to
the General Fund to pay principal and interest on bonds. The money in
the fund may be expended only as provided in this chapter.