HomeMy WebLinkAbout2004-02-24 - AGENDA REPORTS - PROPOSITION 55 SCHOOL BOND (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS City Manager Approval:
Item to be presented by: Brendie D. Bandara
DATE: February 24, 2004
SUBJECT: PROPOSITION 55- SCHOOL BOND
DEPARTMENT: City Manager
RECOMMENDED ACTION
City Council support Proposition 55.
BACKGROUND
At the request of Council Member Frank Ferry, the City of Santa Clarita proposes to support
Proposition 55, appearing on the March 2, 2004 California Primary ballot, which will allow the
state to issue $12.3 billion of general obligation bonds for construction and renovation of K-12
school facilities ($10 billion) and higher education facilities ($2.3 billion). If the voters do not
approve this measure, state law requires the same bond issue to be placed on the November 2004
ballot.
The total amount allocated to local school districts and community college districts will be
$206.15 million.
The following is a brief outline of benefits to Santa Clarita Valley School districts if this bond
passes:
Santa Clarita Community College District:
Physical Education Building Expansion - $2.65 million
Laboratory Center Addition - $6.3 million
TOTAL: $8.95 million
Saugus Union School District:
New Bouquet Canyon Elementary School (Copperhill site) - $8.5 million
New Elementary School at Monteverde Site - $10.2 million
New Elementary School at Westcreek Site - $10.2 million
Rosedell Modernization - $1.4 million
Rio Vista Modernization - $1.6 million
Emblem Modernization - $3.0 million
Highlands Modernization - $1.4 million
Tesoro -$10.4 million
Rio Vista Expansion - $1.7 million
TOTAL: $48.4 million
Newhall School District:
Oak Hills (Westridge)
TOTAL: $9 million
William S. Hart Union High School District:
Reconstruction/Modernization
Arroyo Seco Junior High School - $2.2 million
Canyon High School - $5.9 million
Saugus High School - $8.3 million
Phase II & III Projects
Castaic High School - $50 million
Placerita Jr. High School - $2.8 million (modernization $2 million)
Sierra Vista Jr. High School - $1.2 million (modernization $7.5 million)
Hart High School - $9.8 million (modernization $3 million)
La Mesa Jr. High School - $1.5 million
Valencia High School - $4.7 million
AOC/Learning Post - $2 million
TOTAL: $ I00.9 million
Sulphur Springs School District:
Golden Valley Elementary School construction - $13 million
Spring Canyon Elementary School construction - $13 million
Mint Canyon Elementary School construction/modernization project - $6.6 million
Sulphur Springs Elementary modernization project - $2.1 million
Valley View Elementary modernization projects - $2.1 million
Canyon Springs Elementary modernization projects - $2.1 million
Sulphur Springs is a hardship status district which means the state would pay 100% of the above
amounts.
TOTAL: $38.9 million
ALTERNATIVE ACTIONS
1. Take no formal position on Proposition 55.
2. Oppose Proposition 55,
3. Other action as determined by the City Council.
FISCAL IMPACT
The cost of these bonds would depend on their interest rates and the time period over which they
are repaid. If the $12.3 billion in bonds authorized by this proposition are sold at an interest rate
of 5.25 percent (the current rate for this type of bond) and repaid over 30 years, the cost over the
period would be about $24.7 billion to pay off both the principal ($12.3 billion) and interest
($12.4 billion). The average payment for principal and interest would be about $823 million per
year.
There would be no additional resources required for the City to implement the staff
recommendation. The cost of activities associated with implementing the recommended action is
already contained within the 2003-2004 adopted City budget.
ATTACHMENTS
Text of Proposition 55
Proposition 55
TEXT OF PROPOSED LAW
This law proposed by Assembly Bill 16 of the 2001 - 2002 Regular Session (Chapter 33,
Statutes of 2002) is submitted to the people in accordance with the provisions of Article XVI of
the California Constitution.
This proposed law adds sections to the Education Code; therefore, new provisions proposed to
be added are printed in italic type to indicate that they are new.
PROPOSED LAW
SEC. 31. Part 68.2 (commencing with Section 100800) is added to the Education Code, to
read:
PART 68.2. KINDERGARTEN - UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF
2004
CHAPTER 1. GENERAL
100800. This part shall be known and may be cited as the Kindergarten - University Public
Education Facilities Bond Act of 2004.
100801. The incorporation of, or reference to, any provision of California statutory law in this
part includes all acts amendatory thereof and supplementary thereto.
100803. (a) Bonds in the total amount of twelve billion three hundred million dollars
($12,300,000,000), not including the amount of any refunding bonds issued in accordance
with Sections 100844 and 100955, or so much thereof as is necessary, may be issued and
sold to provide a fund to be used for carrying out the purposes expressed in this part and to
reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5
of the Government Code. The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the
principal and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School
Building Finance Committee established by Section 15909 or the Higher Education Facilities
Finance Committee established pursuant to Section 67353, as the case may be, at any
different times necessary to service expenditures required by the apportionments.
CHAPTER 2. KINDERGARTEN THROUGH 12TH GRADE
Article 1. Kindergarten Through 12th Grade School Facilities Program Provisions
100810. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with
Section 100825) shall be deposited in the 2004 State School Facilities Fund, which is
established in Section 17070.40, and shall be allocated by the State Allocation Board pursuant
to this chapter.
100815. All moneys deposited in the 2004 State Facilities Fund for the purposes of this
chapter shall be available and, notwithstanding any other provision of law to the contrary, are
hereby appropriated to provide aid to school districts, county superintendents of schools, and
county boards of education of the state in accordance with the Leroy F. Greene School
Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set
forth in Section 100820, to provide funds to repay any money advanced or loaned to the 2004
State School Facilities Fund under any act of the Legislature, together with interest provided
for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code.
100820. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this
chapter, shall be allocated in accordance with the following schedule:
(1) The amount of five billion two hundred sixty million dollars ($5,260,000,000) for
project funding for new construction of school facilities of applicant school districts under
Chapter 12.5 (commencing with Section 17070.10) of Part 10, including, but not limited to,
hardship applications.
(A) Of the amount allocated pursuant to this paragraph, up to three hundred million
dollars ($300,000,000) shall be available for providing school facilities to charter schools
pursuant to a statute enacted after the effective date of the act enacting this section.
(8) If the Housing and Emergency Shelter Trust Fund Act of 2002 is submitted to the
voters at the November 5, 2002, general election and fails passage by the voters, of the
amount allocated pursuant to this paragraph, twenty-five million dollars ($25,000,000) shall
be available for the purposes of Sections 51451.5, 51453, and 51455 of the Health and Safety
Code.
(2) The amount of two billion two hundred fifty million dollars ($2,250,000,000) for the
modernization of school facilities pursuant to Chapter 12.5 (commencing with Section
17070.10) of Part 10, including, but not limited to, hardship applications.
(3) The amount of two billion four hundred forty million dollars ($2,440,000,000) for
deposit into the 2004 Critically Overcrowded School Facilities Account established within the
2004 State School Facilities Fund pursuant to subdivision (e) of Section 17078.10 for the
purposes set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part
10 relating to critically overcrowded schools, including, but not limited to, hardship
applications, and any other new construction or modernization projects as authorized pursuant
to Section 17078.30.
(4) The amount of fifty million dollars ($50,000,000) for the purposes set forth in Article
10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 relating to joint -use
Projects, including, but not limited to, hardship applications.
(b) School districts may use funds allocated pursuant to paragraph (2) of subdivision (a)
only for one or more of the following purposes in accordance with Chapter 12.5 (commencing
with Section 17070.10) of Part 10:
(1) The purchase and installation of air-conditioning equipment and insulation materials,
and related costs.
(2) Construction projects or the purchase of furniture or equipment designed to increase
school security or playground safety.
(3) The identification, assessment, or abatement in school facilities of hazardous asbestos.
(4) Project funding for high priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with
Section 17070.10) of Part 10.
(c) Funds allocated pursuant to paragraph (1) of subdivision (a) may, also, be utilized to
provide new construction grants for eligible applicant county boards of education under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 for funding classrooms for
severely handicapped pupils, or for funding classrooms for county community school pupils.
(d) (1) The Legislature may amend this section to adjust the funding amounts specified in
paragraphs (1) to (4), inclusive, of subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by rolicall vote entered in the
respective journals, by not less than two-thirds of the membership in each house concurring, if
the statute is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the voters.
(2) Amendments pursuant to this subdivision may adjust the amounts to be expended
pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), but may not increase or
decrease the total amount to be expended pursuant to that subdivision.
(e) From the total amounts set forth in paragraphs (1) to (4), inclusive, of subdivision (a),
a total of no more than twenty million dollars ($20,000,000) shall be used for the costs of
energy conservation adjustments authorized pursuant to Section 17077.35.
(f ) Funds available pursuant to this section may be used for acquisition of school facilities
authorized pursuant to Section 17280.5.
Article 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions
100825. (a) Of the total amount of bonds authorized to be issued and sold pursuant to
Chapter 1 (commencing with Section 100800), bonds in the total amount of ten billion dollars
($10,000,000,000), not including the amount of any refunding bonds issued in accordance
with Section 100844, or so much thereof as is necessary, may be issued and sold to provide a
fund to be used for carrying out the purposes expressed in this chapter and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the
Government Code. The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit of the State of California is
hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the
principal and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School
Building Finance Committee established pursuant to Section 15909 at any different times
necessary to service expenditures required by the apportionments.
100827. The State School Building Finance Committee, established by Section 15909 and
composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the
Superintendent of Public Instruction, or their designated representatives, all of whom shall
serve thereon without compensation, and a majority of whom shall constitute a quorum, is
continued in existence for the purpose of this chapter. The Treasurer shall serve as
chairperson of the committee. Two Members of the Senate appointed by the Senate
Committee on Rules, and two Members of the Assembly appointed by the Speaker of the
Assembly, shall meet with and provide advice to the committee to the extent that the advisory
participation is not incompatible with their respective positions as Members of the Legislature.
For the purposes of this chapter, the Members of the Legislature shall constitute an interim
investigating committee on the subject of this chapter and, as that committee, shall have the
powers granted to, and duties imposed upon, those committees by the Joint Rules of the
Senate and the Assembly. The Director of Finance shall provide assistance to the committee as
it may require. The Attorney General of the state is the legal adviser of the committee.
100830. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold,
paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code),
and all of the provisions of that law, except Section 16727 of the Government Code, apply to
the bonds and to this chapter and are hereby incorporated into this chapter as though set
forth in full within this chapter.
(b) For purposes of the State General Obligation Bond Law, the State Allocation Board is
designated the "board" for purposes of administering the 2004 State School Facilities Fund.
100832. Upon request of the State Allocation Board from time to time, supported by a
statement of the apportionments made and to be made for the purposes described in Sections
100815 and 100820, the State School Building Finance Committee shall determine whether or
not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to
fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive
issues of bonds may be authorized and sold to fund those apportionments progressively, and it
is not necessary that all of the bonds authorized to be issued be sold at any one time.
100834. There shall be collected each year and in the same manner and at the same time as
other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an
amount required to pay the principal of, and interest on, the bonds each year. It is 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 is necessary to collect that additional sum.
100835. Notwithstanding Section 13340 of the Government Code, there is hereby
appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an
amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and
sold pursuant to this chapter, as the principal and interest become due and payable.
(b) The sum necessary to carry out Section 100840, appropriated without regard to fiscal
years.
100836. The State Allocation Board may request the Pooled Money Investment Board to make
a loan from the Pooled Money Investment Account or any other approved form of interim
financing, in accordance with Section 16312 of the Government Code, for the purpose of
carrying out this chapter. The amount of the request shall not exceed the amount of the
unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of
carrying out this chapter. The board shall execute any documents required by the Pooled
Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited
in the fund to be allocated by the board in accordance with this chapter.
100838. Notwithstanding any other provision of this chapter, or of the State General
Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond
counsel opinion to the effect that the interest on the bonds is excluded from gross income for
federal tax purposes, subject to designated conditions, the Treasurer may maintain separate
accounts for the investment of bond proceeds and for the investment earnings on those
proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any
rebate, penalty, or other payment required under federal law or take any other action with
respect to the investment and use of those bond proceeds required or desirable under federal
law to maintain the tax-exempt status of those bonds and to obtain any other advantage
under federal law on behalf of the funds of this state.
100840. For the purposes of carrying out this chapter, the Director of Finance may authorize
the withdrawal from the General Fund of an amount not to exceed the amount of the unsold
bonds that have been authorized by the State School Building Finance Committee to be sold
for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the
2004 State School Facilities Fund consistent with this chapter. Any money made available
under this section shall be returned to the General Fund, plus an amount equal to the interest
that the money would have earned in the Pooled Money Investment Account from proceeds
received from the sale of bonds for the purpose of carrying out this chapter.
100842. All money deposited in the 2004 State School Facilities Fund, that is derived from
premium and accrued interest on bonds sold shall be reserved in the fund and shall be
available for transfer to the General Fund as a credit to expenditures for bond interest.
100844. The bonds may be refunded in accordance with Article 6 (commencing with Section
16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part
of the State General Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance of any bonds
issued to refund any bonds originally issued under this chapter or any previously issued
refunding bonds.
100846. The Legislature hereby finds and declares that, inasmuch as the proceeds from the
sale of bonds authorized by this chapter are not proceeds of taxes" as that term is used in
Article XIII B of the California Constitution, the disbursement of these proceeds is not subject
to the limitations imposed by that article.
CHAPTER 3. HIGHER EDUCATION FACILITIES
Article 1. General
100850. (a) The system of public higher education in this state includes the University of
California, the Hastings College of the Law, the California State University, the California
Community Colleges, and their respective off -campus centers.
(b) The 2004 Higher Education Capital Outlay Bond Fund is hereby established in the
State Treasury for deposit of funds from the proceeds of bonds issued and sold for the
purposes of this chapter.
(c) The Higher Education Facilities Finance Committee established pursuant to Section
67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of
California pursuant to this chapter for the purpose of providing funds to aid the University of
California, the Hastings College of the Law, the California State University, and the California
Community Colleges.
Article 2. Program Provisions Applicable to the University of California and the Hastings College
of the Law
100852. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing
with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be
deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this
article. When appropriated, these funds shall be available for expenditure for the purposes of
this article.
(b) The purposes of this article include assisting in meeting the capital outlay financing
needs of the University of California and the Hastings College of the Law.
(c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be
used to fund construction on existing campuses, including the construction of buildings and
the acquisition of related fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation and reconstruction of
facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which
equipment shall have an average useful life of 10 years; and to provide funds for the payment
of preconstruction costs, including, but not limited to, preliminary plans and working drawings
for facilities of the University of California and the Hastings College of the Law.
Article 3. Program Provisions Applicable to the California State University
100853. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing
with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be
deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this
article. When appropriated, these funds shall be available for expenditure for the purposes of
this article.
(b) The purposes of this article include assisting In meeting the capital outlay financing
needs of the California State University.
(c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be
used to fund construction on existing campuses, including the construction of buildings and
the acquisition of related fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation and reconstruction of
facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which
equipment shall have an average useful life of 10 years; and to provide funds for the payment
of preconstruction costs, including, but not limited to, preliminary plans and working drawings
for facilities of the California State University.
Article 4. Program Provisions Applicable to the California Community Colleges
100854. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing
with Section 100900), the sum of nine hundred twenty million dollars ($920,000,000) shall be
deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this
article. When appropriated, these funds shall be available for expenditure for the purposes of
this article.
(b) The purposes of this article include assisting in meeting the capital outlay financing
needs of the California Community Colleges.
(c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be
used to fund construction on existing campuses, including the construction of buildings and
the acquisition of related fixtures, construction of facilities that may be used by more than one
segment of public higher education (intersegmental), the renovation and reconstruction of
facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which
equipment shall have an average useful life of 10 years; and to provide funds for the payment
of preconstruction costs, including, but not limited to, preliminary plans and working drawings
for facilities of the California Community Colleges.
Article 5. Higher Education Fiscal Provisions
100900. (a) Of the total amount of bonds authorized to be issued and sold pursuant to
Chapter 1 (commencing with Section 100800), bonds in the total amount of two billion three
hundred million dollars ($2,300,000,000), not including the amount of any refunding bonds
issued in accordance with Section 100955, or so much thereof as is necessary, may be issued
and sold to provide a fund to be used for carrying out the purposes expressed in this chapter
and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and
binding obligation of the State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of the principal of, and interest on, the
bonds as the principal and interest become due and payable.
(b) It is the intent of the Legislature that the University of California, the California State
University, and the California Community Colleges annually consider, as part of their annual
capital outlay planning process, the inclusion of facilities that may be used by more than one
segment of public higher education (intersegmental), and, that on or before May 15th of each
year, those entities report their findings to the budget committees of each house of the
Legislature.
(c) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher
Education Facilities Finance Committee established pursuant to Section 67353 at any different
times necessary to service expenditures required by the apportionments.
100910. (a) The bonds authorized by this chapter shall be prepared, executed, issued,
sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code),
and all of the provisions of that law, except Section 16727 of the Government Code, apply to
the bonds and to this chapter and are hereby incorporated into this chapter as though set
forth in full within this chapter.
(b) For the purposes of the State General Obligation Bond Law, each state agency
administering an appropriation of the 2004 Higher Education Capital Outlay Bond Fund is
designated as the "board" for projects funded pursuant to this chapter.
(c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available
for the purpose of funding aid to the University of California, the Hastings College of the Law,
the California State University, and the California Community Colleges, for the construction on
existing or new campuses, and their respective off -campus centers and joint use and
intersegmental facilities, as set forth in this chapter.
100920. The Higher Education Facilities Finance Committee established pursuant to Section
67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to
fund the apportionments for the purposes described in this chapter that are expressly
authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction,
the committee shall determine whether or not it is necessary or desirable to issue bonds
authorized pursuant to this chapter in order to carry out the purposes described in this chapter
and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and it is not necessary that all of
the bonds authorized to be issued be sold at any one time.
100925. There shall be collected each year and in the same manner and at the same time as
other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an
amount required to pay the principal of, and interest on, the bonds each year. It is 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 which is necessary to collect that additional sum.
100930. Notwithstanding Section 13340 of the Government Code, there is hereby
appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an
amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and
sold pursuant to this chapter, as the principal and interest become due and payable.
(b) The sum necessary to carry out Section 100945, appropriated without regard to fiscal
years.
100935. The board, as defined in subdivision (b) of Section 100910, may request the Pooled
Money Investment Board to make a loan from the Pooled Money Investment Account or any
other approved form of interim financing, in accordance with Section 16312 of the
Government Code, for the purpose of carrying out this chapter. The amount of the request
shall not exceed the amount of the unsold bonds that the committee, by resolution, has
authorized to be sold for the purpose of carrying out this chapter. The board, as defined in
subdivision (b) of Section 100910, shall execute any documents required by the Pooled Money
Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the
fund to be allocated by the board in accordance with this chapter.
100940. Notwithstanding any other provision of this chapter, or of the State General
Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond
counsel opinion to the effect that the interest on the bonds is excluded from gross income for
federal tax purposes, subject to designated conditions, the Treasurer may maintain separate
accounts for the investment of bond proceeds and for the investment earnings on those
proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any
rebate, penalty, or other payment required under federal law or take any other action with
respect to the investment and use of those bond proceeds required or desirable under federal
law to maintain the tax-exempt status of those bonds and to obtain any other advantage
under federal law on behalf of the funds of this state.
100945. (a) For the purposes of carrying out this chapter, the Director of Finance may
authorize the withdrawal from the General Fund of an amount not to exceed the amount of the
unsold bonds that have been authorized by the Higher Education Facilities Finance Committee
to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be
deposited in the 2004 Higher Education Capital Outlay Bond Fund consistent with this chapter.
Any money made available under this section shall be returned to the General Fund, plus an
amount equal to the interest that the money would have earned in the Pooled Money
Investment Account from proceeds received from the sale of bonds for the purpose of
carrying out this chapter.
(b) Any request forwarded to the Legislature and the Department of Finance for funds from
this bond issue for expenditure for the purposes described in this chapter by the University of
California, the Hastings College of the Law, the California State University, or the California
Community Colleges shall be accompanied by the five-year capital outlay plan. Requests
forwarded by a university or college shall include a schedule that prioritizes the seismic
retrofitting needed to significantly reduce, in the judgment of the particular university or
college, seismic hazards in buildings identified as high priority by the university or college.
Requests forwarded by the California Community Colleges shall be accompanied by a five-year
capital outlay plan reflecting the needs and priorities of the community college system,
prioritized on a statewide basis.
100950. All money deposited in the 2004 Higher Education Capital Outlay Bond Fund that is
derived from premium and accrued interest on bonds sold shall be reserved in the fund and
shall be available for transfer to the General Fund as a credit to expenditures for bond
interest.
100955. The bonds may be refunded in accordance with Article 6 (commencing with Section
16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part
of the State General Obligation Bond Law. Approval by the voters of the state for the issuance
of the bonds described in this chapter includes the approval of the issuance of any bonds
issued to refund any bonds originally issued under this chapter or any previously issued
refunding bonds.
100960. The Legislature hereby finds and declares that, inasmuch as the proceeds from the
sale of bonds authorized by this chapter are not 'proceeds of taxes" as that term is used in
Article XIII B of the California Constitution, the disbursement of these proceeds is not subject
to the limitations imposed by that article.