Bill Text: CA SB128 | 2019-2020 | Regular Session | Introduced
Bill Title: Public contracts: Best Value Construction Contracting for Counties Pilot Program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-10-03 - Chaptered by Secretary of State. Chapter 501, Statutes of 2019. [SB128 Detail]
Download: California-2019-SB128-Introduced.html
Senate Bill | No. 128 |
Introduced by Senator Beall |
January 10, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 53398.58 of the Government Code is amended to read:53398.58.
An action to determine the validity of the issuance of bonds pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, the action shall be commenced within 30 days after adoption of the resolution pursuant to SectionSEC. 2.
Section 53398.63 of the Government Code is amended to read:53398.63.
After receipt of a copy of the resolution of intention to establish a district, the official designated pursuant to Section 53395.62 shall prepare a proposed infrastructure financing plan. The infrastructure financing plan shall be consistent with the general plan of the city or county within which the district is located and shall include all of the following:SEC. 3.
Section 53398.69 of the Government Code, as amended by Chapter 599 of the Statutes of 2017, is amended to read:53398.69.
(a) (1) At the conclusion of the hearing, the public financing authority may adopt a resolution proposing adoption of the infrastructure financing plan, as modified, and formation of the enhanced infrastructure financing district in a manner consistent with Section 53398.68, or it may adopt a resolution abandoning the proceedings. If the proceedings are abandoned, then the public financing authority shall cease to exist by operation of this section with no further action required of the legislative body and the legislative body may not enact a resolution of intention to establish a district that includes the same geographic area within one year of the date of the resolution abandoning the proceedings.SEC. 4.
Section 53398.77 of the Government Code is amended to read:53398.77.
The public financing authority may, by majority vote,SEC. 5.
Section 53398.78 of the Government Code is repealed.The resolution adopted pursuant to Section 53398.77 shall contain all of the following information:
(a)A description of the facilities or developments to be financed with the proceeds of the proposed bond issue.
(b)The estimated cost of the facilities or developments, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance.
(c)The maximum interest rate and discount on the proposed bond issuance.
(d)The date of the election on the proposed bond issuance and the manner of
holding the election.
(e)A determination of the amount of tax revenue available or estimated to be available, for the payment of the principal of, and interest on, the bonds.
(f)A finding that the amount necessary to pay the principal of, and interest on, the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subdivision (e).
SEC. 6.
Section 53398.79 of the Government Code is repealed.The clerk of the public financing authority shall publish the resolution adopted pursuant to Section 53398.77 once a day for at least seven successive days in a newspaper published in the city or county at least six days a week, or at least once a week for two successive weeks in a newspaper published in the city or county less than six days a week.
If there are no newspapers meeting these criteria, the resolution shall be posted in three public places within the territory of the district for two succeeding weeks.
SEC. 7.
Section 53398.80 of the Government Code is repealed.(a)The public financing authority shall submit the proposal to issue the bonds to the voters who reside within the district. If the public financing authority adopts a resolution proposing initiation of proceedings to issue bonds pursuant to Section 53398.77, it shall then submit that proposal, together with the information specified in subdivisions (a) to (c), inclusive, of Section 53398.78, to the qualified electors of the district in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the Elections Code, at least 90 days but not more than 180 days following the adoption of the resolution of bond issuance. The public financing authority shall provide
the resolution of bond issuance, a certified map of sufficient scale and clarity to show the boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election within three business days after the adoption of the resolution of bond issuance. The assessor’s parcel numbers for the land within the district shall be included if it is a landowner election or the district does not conform to an existing district’s boundaries and if requested by the official conducting the election. If the election is to be held less than 125 days following the adoption of the resolution of bond issuance, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this section or requirement pertaining to the conduct of the election may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official
conducting the election.
(b)(1)If at least 12 persons have been registered to vote within the territory of the district for each of the 90 days preceding the close of the hearing, the vote shall be by the registered voters of the district, who need not necessarily be the same persons, with each voter having one vote. Otherwise, the vote shall be by the landowners of the district and each landowner who is the owner of record at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the district. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.
(2)For purposes of this subdivision, for an entity paying possessory interest tax on state-owned land, “landowner” means the entity that
is paying the possessory interest tax.
(c)Ballots for the special election authorized by subdivision (a) may be distributed to qualified electors by mail with return postage prepaid or by personal service by the election official. The official conducting the election may certify the proper mailing of ballots by an affidavit, which shall be exclusive proof of mailing in the absence of fraud. The voted ballots shall be returned to the election officer conducting the election not later than the hour specified in the resolution calling the election. However, if all the qualified voters have voted, the election shall be closed.
SEC. 8.
Section 53398.80.5 of the Government Code is amended and renumbered to read:53398.80.5.53398.78
(a) If the public financing authority adopts a resolutionSEC. 9.
Section 53398.81 of the Government Code is repealed.(a)(1)Except as specified in paragraph (2), the bonds may be issued if 55 percent of the voters voting on the proposition vote in favor of issuing the bonds.
(2)For a seaport infrastructure financing district, the bonds may be issued if two-thirds of the voters voting on the proposition vote in favor of issuing the bonds.
(b)If the voters approve the issuance of the bonds as provided by subdivision (a), the public financing authority shall proceed with the issuance of the bonds by adopting a resolution that shall provide for all of the following:
(1)The issuance of
the bonds in one or more series.
(2)The principal amount of the bonds that shall be consistent with the amount specified in subdivision (b) of Section 53398.78.
(3)The date the bonds will bear.
(4)The date of maturity of the bonds.
(5)The denomination of the bonds.
(6)The form of the bonds.
(7)The manner of execution of the bonds.
(8)The medium of payment in which the bonds are payable.
(9)The place or manner of payment and any requirements for registration of the bonds.
(10)The terms of call or redemption, with or without premium.
SEC. 10.
Section 53398.82 of the Government Code is repealed.If any proposition submitted to the voters pursuant to this chapter is defeated by the voters, the public financing authority shall not submit, or cause to be submitted, a similar proposition to the voters for at least one year after the first election.