text:
(a) On or before June 1, 2022, the commission shall evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and shall establish megawatt offshore wind planning goals for 2030 and 2045.

(b) In establishing the goals pursuant to subdivision (a), the commission shall consider all of the following:

(1) The findings of the 2021 joint report issued pursuant to the former Section 454.53 of the Public Utilities Code.

(2) The need to develop a skilled and trained offshore wind workforce.

(3) The potential to attract supply-chain manufacturing for offshore wind components throughout the Pacific region.

(4) The need for reliable renewable energy that accommodates California’s shifting peak load.

(5) The generation profile of offshore wind off the coast of California.

(6) The need for economies of scale to reduce the costs of floating offshore wind.

(7) The need to initiate long-term transmission and infrastructure planning to facilitate delivery of offshore wind energy to Californians.

(8) The availability of federal tax incentives for offshore wind investments.

(9) The National Renewable Energy Laboratory report finding that California has 200 gigawatts of offshore wind technical power potential.

(10) The opportunity for California to participate in the federal government’s intention to deploy 30,000 megawatts of offshore wind by 2030 and to create a pathway to unlocking 110,000 megawatts by 2050.

(11) Any executive action from the Governor regarding offshore wind.

(12) Potential impacts on coastal resources, fisheries, Native American and Indigenous peoples, and national defense, and strategies for addressing those potential impacts.

history: (History: Amended by Stats. 2024, Ch. 353, Sec. 35. (AB 1533) Effective January 1, 2025. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.)


kind: section

code: PRC

text:
(a) The commission, in coordination with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, shall work with stakeholders, other state, local, and federal agencies, and the offshore wind energy industry to identify suitable sea space for wind energy areas in federal waters sufficient to accommodate the offshore wind planning goals established pursuant to Section 25991.1, as follows:

(1) The commission shall first identify the sea space identified by the federal Bureau of Ocean Energy Management in its 2018 call for nominations, as published in the Federal Register, Volume 83, Number 203, on October 19, 2018, and any other relevant information necessary to achieve the 2030 offshore wind planning goal established pursuant to Section 25991.1.

(2) The commission, in coordination with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, shall next identify suitable sea space for a future phase of offshore wind leasing to accommodate the 2045 offshore wind planning goal established pursuant to Section 25991.1.

(b) In identifying suitable sea space, the commission shall consider all of the following:

(1) Existing data and information on offshore wind resource potential and commercial viability.

(2) Existing and necessary transmission and port infrastructure.

(3) Protection of cultural and biological resources with the goal of prioritizing least-conflict ocean areas.

(c) In fulfilling the requirements of this section, the commission shall incorporate the information developed by the Bureau of Ocean Energy Management California Intergovernmental Renewable Energy Task Force.

(d) The commission shall use the California Offshore Wind Energy Gateway, or functionally equivalent publicly accessible, commission-approved internet website, to provide relevant information developed pursuant to this section to the public.

(e) The commission, in coordination with the California Coastal Commission, the Department of Fish and Wildlife, the Ocean Protection Council, the State Lands Commission, stakeholders, other state, local, and federal agencies, and the offshore wind energy industry, shall make recommendations regarding potential significant adverse environmental impacts and use conflicts, such as avoidance, minimization, monitoring, mitigation, and adaptive management, consistent with California’s long-term renewable energy, greenhouse gas emission reduction, and biodiversity goals.

(f) Nothing in this section is intended to modify the authority of state agencies over project-specific siting and permitting.

(g) The findings and recommendations resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to the identification of sea space as specified in paragraph (1) of subdivision (c) of Section 25991.

history: (History: Added by Stats. 2021, Ch. 231, Sec. 2. (AB 525) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.)

division: 15. ENERGY CONSERVATION AND DEVELOPMENT

chapter: 14. Offshore Wind Generation

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 14. Offshore Wind Generation


text:
(a) Based on the sea spaces identified pursuant to Section 25991.2, the commission, in coordination with relevant state and local agencies, shall develop a plan to improve waterfront facilities that could support a range of floating offshore wind energy development activities, including construction and staging of foundations, manufacturing of components, final assembly, and long-term operations and maintenance facilities.

(b) The plan developed pursuant to subdivision (a) shall include all of the following:

(1) A detailed assessment of the necessary investments in California seaports to support offshore wind energy activities, including construction, assembly, and operations and maintenance. The assessment shall consider the potential availability of land and water acreage at each seaport, including competing and current uses, infrastructure feasibility, access to deep water, bridge height restrictions, and potentially impacted natural and cultural resources, including coastal resources, fisheries, and Native American and Indigenous peoples.

(2) An analysis of the workforce development needs of the California offshore wind energy industry, including occupational safety requirements, the need to require the use of a skilled and trained workforce to perform all work, and the need for the Division of Apprenticeship Standards to develop curriculum for in-person classroom and laboratory advanced safety training for workers.

(3) Recommendations for workforce standards for offshore wind energy facilities and associated infrastructure, including, but not limited to, prevailing wage, skilled and trained workforce, apprenticeship, local hiring, and targeted hiring standards, that ensure sustained and equitable economic development benefits.

(c) In developing the plan pursuant to subdivision (a), the commission shall consult with representatives of key labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce.

(d) On or before December 31, 2022, the commission shall complete and submit to the Natural Resources Agency and the relevant fiscal and policy committees of the Legislature a preliminary assessment of the economic benefits of offshore wind as they relate to seaport investments and workforce development needs and standards.

(e) The plan developed pursuant to this section shall be included in the chapter of the strategic plan relating to economic and workforce development and identification of port space and infrastructure as specified in paragraph (2) of subdivision (c) of Section 25991.


text:
(a) The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall assess the transmission investments and upgrades necessary, including potential subsea transmission options, to support the 2030 and 2045 offshore wind planning goals established pursuant to Section 25991.1. This assessment shall include all relevant information on the cost of subsea high-voltage transmission and information made available by the Independent System Operator on the cost of network upgrades and the extent to which existing transmission infrastructure and available capacity could support offshore wind energy development.

(b) The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to transmission planning as specified in paragraph (3) of subdivision (c) of Section 25991.


text:
(a) The commission shall develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California.

(b) In developing the permitting roadmap, the commission shall consult and meaningfully collaborate with all relevant local, state, and federal agencies, including, but not limited to, the California Coastal Commission, the Department of Fish and Wildlife, and the State Lands Commission, interested California Native American tribes, and affected stakeholders.

(c) The permitting roadmap shall include a goal for the permitting timeframe, clearly define local, state, and federal agency roles, responsibilities, and decisionmaking authority, and include interfaces with federal agencies, including timing, sequence, and coordination with federal permitting agencies, and coordination between reviews under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

(d) The commission shall provide an opportunity for stakeholder input in the development and communication of the permitting roadmap and an opportunity for public comment on a draft permitting roadmap.

(e) The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to permitting as specified in paragraph (4) of subdivision (c) of Section 25991.

(f) On or before December 31, 2022, the commission shall complete and submit the permitting roadmap to the Natural Resources Agency and the relevant fiscal and policy committees of the Legislature.


text: For purposes of this chapter, “stakeholders” includes, but is not limited to, fisheries groups, labor unions, industry, environmental justice organizations, environmental organizations, and other ocean users.


text: Nothing in this chapter is intended to create a technology set-aside or mandatory minimum for any type of eligible renewable energy resource.


text:
(a) (1) The commission, in consultation with the State Lands Commission, the Ocean Protection Council, the Department of Fish and Wildlife, the Governor’s Office of Business and Economic Development, the Office of Planning and Research, and the California Coastal Commission, shall develop a second-phase plan and strategy for seaport readiness that builds upon the recommendations and alternatives in the strategic plan for offshore wind energy developments developed pursuant to Sections 25991 and 25991.3.

(2) (A) The commission shall make a draft report, with recommendations for implementation of a port development strategy, available for public review and comment for at least 60 days and shall submit a final report on its recommendations for a seaport readiness strategy to the Governor and the Legislature on or before December 31, 2026.

(B) The plan submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

(b) For purposes of the second-phase plan described in subdivision (a), the commission shall do all of the following:

(1) Identify feasible seaport locations for offshore wind turbine assembly to serve Central Coast and North Coast offshore wind energy projects.

(2) Recommend and prioritize only port alternatives where site control can be obtained by a port authority or state agency within five years.

(3) Recommend and prioritize alternatives only with sufficient landside and water acreage or capacity to support maximum in-state assembly and manufacturing of offshore wind energy components.

(4) Recommend and prioritize port locations that minimize impacts to cultural and natural resources, including the marine and onshore environments, sensitive species, and habitats.

(5) Identify and prioritize ports that maximize in-state workforce opportunities, including workforce opportunities for low-income and environmental justice communities.

(6) Consider transportation and other infrastructure investments needed to develop the identified seaports and waterfront facilities needed for offshore wind energy activities.

(7) Collaborate with tribal governments to develop appropriate seaport siting criteria that minimize adverse impacts to natural and cultural resources and maximize economic and workforce benefits to the tribal governments.

(8) Consult with key stakeholders, including, but not limited to, environmental organizations, environmental justice organizations, fisheries groups, labor unions, electric ratepayer advocates, offshore wind energy developers, oceangoing vessel operators, and related industry stakeholders, local governments and public port authorities, and other ocean users, to develop appropriate seaport siting criteria that minimize adverse impacts to cultural and natural resources, minimize adverse impacts to local communities, maximize local and in-state economic and workforce benefits, incorporate equity and environmental justice in seaport development, minimize impacts to California electric ratepayers, and avoid delays in the seaport entitlement process.

(9) Collaborate with the oceangoing vessel operator and commercial maritime industry to identify appropriate ocean spatial planning policies and siting criteria that minimize adverse impacts to vessel navigation and maximize maritime safety. The commission shall seek to coordinate and collaborate with the United States Coast Guard for purposes of this paragraph on matters that fall within the Coast Guard’s authority and jurisdiction.

(10) Assess the estimated cost and identify potential funding and financing strategies for necessary port development and redevelopment that support offshore wind energy activities, including the potential to leverage federal funding.

history: (History: Added by Stats. 2023, Ch. 314, Sec. 3. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.)


text:
(a) (1) The commission, in consultation with the California Workforce Development Board, shall conduct a study on the feasibility of achieving 50 percent and 65 percent in-state assembly and manufacturing of offshore wind energy projects and the domestic content thresholds for offshore wind energy projects, as specified in the federal Inflation Reduction Act of 2022 (Public Law 117-169). The commission may coordinate with the Governor’s Office of Business and Economic Development for purposes of the study. The commission shall submit a report on the study to the Governor and the Legislature on or before December 31, 2027.

(2) The report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(b) For purposes of the study, the commission shall do all of the following:

(1) Assess current manufacturing capabilities within California that are potentially suitable to support the offshore wind energy supply chain and identify the tier one, tier two, and tier three components of the offshore wind energy supply chain that are best suited to in-state manufacturing of offshore wind energy projects.

(2) Identify gaps in the current supply chain and workforce for achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a), including identifying the facilities and infrastructure required to meet these in-state assembly thresholds and the estimated geographic distribution of these facilities, and estimating the number, geographic distribution, and types of jobs that will be created.

(3) When estimating the number and types of jobs required for achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a), include roles in related and supporting activities, including, but not limited to, environmental monitoring, research and development, construction, engineering and design, and manufacturing, operations, and maintenance.

(4) Identify supply chain and workforce investments needed by the state to support achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a).

(5) Identify available federal and state funds to support bringing or retaining jobs related to the manufacturing and assembly of offshore wind projects in the state.

(6) Study and estimate the potential impacts on economic activity and job growth, and resulting state tax revenues, resulting from achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a).

(7) Study and evaluate any potential impacts to project development timelines and costs as a result of achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a).

(8) Study and estimate potential impacts to electric ratepayers as a result of achieving the in-state assembly and manufacturing targets and domestic content thresholds described in subdivision (a).

(9) Develop recommendations for incorporating equity and environmental justice in economically and environmentally sustainable supply chain development.

(10) Coordinate with tribal governments to develop recommendations for tribal workforce development opportunities.

(11) Consult with environmental and environmental justice groups, fisheries groups, labor unions, including manufacturing, transportation, maritime, and longshore unions, oceangoing vessel operators, the commercial maritime industry, public port authorities, and business groups to develop recommendations for workforce development opportunities.

(12) Develop recommendations for workforce development investments at community colleges, by the California Workforce Development Board for maritime and longshore workforces, at state universities, and in apprenticeship programs necessary to meet the workforce needs resulting from the in-state targets described in this section.

(13) Consult with building and construction trades councils to develop recommendations on the use of project labor agreements to achieve workforce development and apprenticeship goals.

history: (History: Added by Stats. 2023, Ch. 314, Sec. 4. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Sec. 25991.10.)


text: This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.

history: (History: Added by renumbering Section 25991.8 by Stats. 2023, Ch. 314, Sec. 2. (AB 3) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 14, commencing with Section 25991.)


text:
The Legislature finds and declares all of the following:

(a) The state is committed to the responsible development of wind energy in federal ocean waters off the coast of California and supporting state agencies’ and other entities’ capacity needs in the time period between wind energy areas being leased and lessees submitting construction and operation plans. Under the Federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), the California Coastal Commission reviews the federal Bureau of Ocean Energy Management consistency determinations for proposed lease sales in federal waters, and consistency certifications for proposed wind development projects, to determine if those activities are consistent with the federally approved California Coastal Management Program.

(b) Offshore wind should be developed in a manner that protects coastal and marine ecosystems. The state should use its authority to ensure, as feasible, both of the following:

(1) Avoidance, minimization, and mitigation of significant adverse impacts.

(2) Monitoring and adaptive management for offshore wind projects and their associated infrastructure.

(c) Offshore wind lessees should be encouraged, and required when appropriate, to coordinate and provide relevant survey and monitoring data, implement any relevant best practices or guidelines, assist with identification of research gaps, and develop strategies for monitoring and adaptive management.

(d) Offshore wind lessees engagement with tribal governments and potentially affected communities ensures those governments and communities are part of planning and project-specific decisionmaking related to offshore wind activities, and impacts affecting those governments and communities caused by offshore wind activities are identified and addressed.

(e) Investment in offshore wind energy development can offer career pathways and workforce training in clean energy development. Offshore wind energy will provide additional industrial work opportunities and should provide apprenticeship opportunities for a diverse labor pool, including for local communities experiencing high unemployment, through prioritization of local hiring.

(f) Funding would help accelerate the ability of state agencies to coordinate, conduct needed studies, and otherwise prepare for future permitting and review activities related to offshore wind development, including ancillary permitting, such as port and waterfront facility upgrades and other associated infrastructure.

history: (History: Added by Stats. 2022, Ch. 251, Sec. 20. (AB 209) Effective September 6, 2022.)

chapter: 15. Voluntary Offshore Wind Program

article: 1. General Provisions and Definitions

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 15. Voluntary Offshore Wind Program > 1. General Provisions and Definitions


text:
For purposes of this chapter, all of the following definitions apply:

(a) “Account” means the Private Donations Account created pursuant to Section 25992.20.

(b) “Bureau” means the federal Bureau of Ocean Energy Management.

(c) “Eligible entity” means a local community, local government, California tribe, or nonprofit organization selected by California tribes to represent their interests, if the entity is geographically, culturally, or economically impacted by the offshore wind industry. A coalition of more than one of these eligible entities is also an eligible entity if each coalition member is also an eligible entity. For purposes of this subdivision, “California tribes” means California Native American tribes identified on the contact list maintained by the Native American Heritage Commission or a federally recognized tribe, as defined in Section 11019.81 of the Government Code.

(d) “Fund” means the Voluntary Offshore Wind and Coastal Resources Protection Fund created pursuant to subdivision (a) of Section 25992.20.

(e) “Offshore wind entity” means any entity engaged in offshore wind energy development that meets all of the following criteria:

(1) Has a planned generation capacity of 50 megawatts or more.

(2) Engages in development activities expected to impact the coastal environment, marine environment, or human environment, as those terms are defined by Section 1331 of Title 43 of the United States Code, of the California coast or submerged lands.

(3) Will be required to obtain a lease, permit, or other authorization from the State Lands Commission, the California Coastal Commission, the Department of Fish and Wildlife, the State Water Resources Control Board, a California regional water quality control board, the State Air Resources Board, the Public Utilities Commission, the Independent System Operator, or another state agency or local government, in connection with its development activities.

(f) “Program” means the Voluntary Offshore Wind and Coastal Resources Protection Program established pursuant to Section 25992.10.

history: (History: Amended by Stats. 2025, Ch. 397, Sec. 1. (AB 1417) Effective January 1, 2026.)

article: 1. General Provisions and Definitions


text:
(a) (1) The Voluntary Offshore Wind and Coastal Resources Protection Program is hereby established to be administered by the commission for the purpose of supporting state activities that complement and are in furtherance of federal laws related to the development of offshore wind facilities, including federal laws providing for offshore wind lease conditions of the bureau. The program shall award moneys to public and private entities, including, but not limited to, state agencies, tribal entities, local governmental agencies, research institutions, and nonprofit entities, through various mechanisms, including, but not limited to, grants.

(2) Moneys from the fund and account shall be available for allocation by the commission for purposes of this chapter.

(b) The commission may allocate moneys for any of the following:

(1) Increasing the ability of state agencies to engage in postlease assessments and studies of impacts, including surveys and plans, and ongoing review of project compliance and monitoring, including administrative costs.

(2) Research facilitation and coordination, including, but not limited to, funding to support state agencies to work collaboratively with the bureau and other federal, state, and tribal entities to ensure that lessees’ construction and operations plans incorporate strategies and specific plans for comprehensive monitoring and adaptive management, and to ensure that the strategies and plans are implemented appropriately, including funding to contract with technical experts to be retained by state agencies to consult and collaborate on strategies and specific plans for comprehensive monitoring and adaptive management.

(3) (A) Contracts with technical experts to assist the bureau and the state in their review of survey and sampling and analysis plans, survey data and analysis, construction and operation plans, and other planning, project development, and project implementation activities and documents.

(B) The purpose of the technical experts is to review current research on survey methodologies, monitoring approaches and technologies, adaptive management strategies, and other relevant topics for floating offshore wind, to provide the bureau and the state with recommendations, suggested guidelines, and best practices, and to fulfill additional research needs, during all phases of floating offshore wind development and implementation with the overall goal of avoiding and minimizing impacts to coastal resources.

(4) Environmental impacts monitoring, including, but not limited to, any of the following:

(A) Collecting, analyzing, and reporting baseline and postdevelopment environmental data to assess large-scale changes and cumulative impacts to marine species, habitats, and uses from floating offshore wind development and related activities with a goal of enabling the bureau and the state to accurately assess, mitigate, and adaptively manage those impacts.

(B) Data collection at a regional scale that integrates data with information and data provided by lessees or the bureau and other relevant data to provide a comprehensive understanding of how floating offshore wind development is affecting the marine environment and coastal uses.

(5) Infrastructure readiness commitments, including, but not limited to, activities associated with the bureau’s lease requirements for lessees to support infrastructure readiness, such as ports, waterfront facilities, and transmission for floating offshore wind generation facilities.

(6) Workforce development grants consistent with subdivisions (r) to (t), inclusive, of Section 14005 of the Unemployment Insurance Code and in consultation with the California Workforce Development Board.

(7) Capacity funding activities and grants within local communities and tribal communities. Grants under this paragraph are available only to eligible entities.

(c) Moneys in the fund and the account shall not be allocated by the commission to another state or local agency for that agency’s costs that are otherwise recoverable from project proponents in administering a regulatory or entitlement program.

history: (History: Amended by Stats. 2025, Ch. 397, Sec. 2. (AB 1417) Effective January 1, 2026.)

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 15. Voluntary Offshore Wind Program > 2. Voluntary Offshore Wind and Coastal Resources Protection Program


text:
(a) The commission may adopt guidelines or other standards at a commission business meeting to implement this chapter. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of the guidelines or other standards adopted by the commission to implement this chapter. Before adopting or revising the guidelines or other standards, the commission must provide an opportunity for public comment and at least one public workshop.

(b) The commission may require a form to be submitted and signed under penalty of perjury to carry out the purposes of this chapter. A form shall be adopted in the format and manner prescribed by the commission.

article: 2. Voluntary Offshore Wind and Coastal Resources Protection Program


text:
(a) The Voluntary Offshore Wind and Coastal Resources Protection Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the moneys in the fund are hereby continuously appropriated without regard to fiscal year to the commission for purposes of this chapter.

(b) The Private Donations Account is hereby created in the fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated without regard to fiscal year to the commission for purposes of this chapter.

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 15. Voluntary Offshore Wind Program > 3. Voluntary Offshore Wind and Coastal Resources Protection Fund


text:
(a) The commission may accept federal and private sector moneys, including for purposes of financial commitments made to fulfill a lessee’s bidding credits in a bureau lease sale auction, for purposes of this chapter. The private sector moneys shall be deposited into the account. The federal moneys shall be deposited into the fund.

(b) Records of the donations received by the commission, or by eligible entities from offshore wind entities, and allocations made pursuant to this chapter shall be subject to public disclosure.

(c) Every 90 days, an offshore wind entity shall report to the commission all of the following:

(1) The aggregate amount of donations made.

(2) The number of groups or tribes that received donations.

(3) The counties where those groups or tribes are based.

(4) The types of eligible entities that received a donation, including, but not limited to, whether the eligible entity is a tribe, community group, local government, or third party.

(d) For each donation made by an offshore wind entity and reported pursuant to subdivision (c), the commission shall post a report on its internet website annually. The report shall only include the following information:

(1) The total amount of donations received by eligible entities from offshore wind entities in the preceding year.

(2) The total amount of donations received by eligible entities from offshore wind entities in each county in the preceding year.

(3) The types of eligible entities that received donations from offshore wind entities in the preceding year.

(4) The number of eligible entities that received a donation from offshore wind entities in the preceding year.

(e) The commission may enter into an agreement with a donor for the purposes for which the donation may be used consistent with this chapter.

(f) Notwithstanding Section 11005 of the Government Code, the Director of Finance’s approval of the donations accepted by the commission under this section is not required.

history: (History: Amended by Stats. 2025, Ch. 397, Sec. 3. (AB 1417) Effective January 1, 2026.)

article: 3. Voluntary Offshore Wind and Coastal Resources Protection Fund


text:
(a) Notwithstanding Section 10231.5 of the Government Code, on or before March 15, 2024, and each January thereafter concurrent with the submission of the Governor’s Budget, the commission shall submit a report to the Legislature and the relevant policy and fiscal committees of the Legislature on the moneys received and allocated pursuant to this chapter. The report shall include, but not be limited to, a description and information on the use of funds, geographic distribution of allocated funds, program activities, and awardees.

(b) Notwithstanding Section 10231.5 of the Government Code, the commission shall annually prepare and submit, on or before March 1 of each year, a report to the Legislature on the implementation and effectiveness of the capacity funding activities and grants described in paragraph (7) of subdivision (b) of Section 25992.10, including the amount of activity and grant moneys provided by offshore wind entities, using information provided by offshore wind entities, local communities, local governments, and tribes. The report shall include, but not be limited to, the total amount of capacity funding activity and grant moneys awarded for purposes of those activities and grants, a description of the activities and grants funded, and an assessment of the impact of the funding.

(c) The report submitted to the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 397, Sec. 4. (AB 1417) Effective January 1, 2026.)


text:
(a) As part of the 2024 energy policy review prepared pursuant to subdivision (c) of Section 25302, the commission, in consultation with other appropriate state agencies, including, but not limited to, the Ocean Protection Council, the Department of Fish and Wildlife, the State Lands Commission, and the California Coastal Commission, shall evaluate the feasibility, costs, and benefits of using wave energy and tidal energy as forms of clean energy in the state.

(b) For purposes of the evaluation identified in subdivision (a), the commission shall do all of the following:

(1) Evaluate factors that may contribute to the increased use of wave energy and tidal energy in the state.

(2) Provide findings on the latest research about the technological and economic feasibility of deploying offshore wave and tidal energy in the state.

(3) Evaluate wave energy and tidal energy project potential transmission needs and permitting requirements.

(4) Evaluate wave energy and tidal energy project economic and workforce development needs.

(5) Identify near-term actions, particularly related to investments and the workforce for wave energy and tidal energy projects, to maximize job creation and economic development, while considering affordable electric rates and bills.

(6) Identify a robust monitoring strategy designed to gather sufficient data to evaluate the impacts from wave energy and tidal energy projects to marine and tidal ecosystems and affected species, including, but not limited to, fish, marine mammals, and aquatic plants, to inform adaptive management of the projects.

(c) (1) The commission, in coordination and consultation with the California Coastal Commission, the Department of Fish and Wildlife, the Ocean Protection Council, and the State Lands Commission, shall work with other state and local agencies, the offshore wave energy and tidal energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders to identify suitable sea space for offshore wave energy and tidal energy projects in state and federal waters.

(2) For purposes of identifying suitable sea space, the commission shall consider all of the following:

(A) Existing data and information on offshore wave energy and tidal energy resource potential and commercial viability.

(B) Existing transmission facilities and infrastructure, and necessary additional transmission facilities and infrastructure.

(C) Protection of cultural and biological resources with the goal of prioritizing ocean areas that pose the least conflict to those resources.

(3) For purposes of this subdivision, the commission shall incorporate the information developed by the federal Bureau of Ocean Energy Management’s California Intergovernmental Renewable Energy Task Force, as applicable.

(4) The commission, in coordination and consultation with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, State Lands Commission, other state and local agencies, the offshore wind energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders, shall identify measures that would avoid, minimize, and mitigate significant adverse environmental and ecosystem impacts and use conflicts, and for monitoring and adaptive management for offshore wave energy and tidal energy projects, consistent with California’s long-term goals relating to renewable energy, reduction of greenhouse gas emissions, and biodiversity.

(5) Nothing in this subdivision modifies the authority of any state agency over project-specific siting and permitting.

(6) The commission shall seek to coordinate and consult with federal agencies, as appropriate and applicable, in performing the work required by this subdivision.

history: (History: Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024.)

chapter: 18. Wave Energy and Tidal Energy

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 18. Wave Energy and Tidal Energy


text:
(a) On or before January 1, 2025, the commission shall submit a written report to the Governor and the Legislature that includes both of the following:

(1) A summary and findings from the evaluation and work described in Section 25996.

(2) Considerations that may inform legislative and executive actions to facilitate, encourage, and promote the development and increased use of technologically and economically feasible wave energy and tidal energy technologies, infrastructure, and facilities in the state.

(b) (1) The report described in this section shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)


text:
For purposes of this chapter, all of the following definitions apply:

(a) “Financial incentive” includes a contract, grant, loan, or other appropriate funding mechanism.

(b) “Fusion” means a reaction in which at least one heavier, more stable nucleus is produced from at least one lighter, less stable nucleus, typically through high temperatures and pressures, and emitting energy as a result.

(c) “Fusion energy” means the product of fusion reactions inside a fusion device that is used to generate electricity or other commercially usable forms of energy.

(d) “Initiative” means the Fusion Research and Development Innovation Initiative established pursuant to Section 25997.1.

history: (History: Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, pursuant to Section 25997.7.)

path: 15. ENERGY CONSERVATION AND DEVELOPMENT > 19. Fusion Research and Development Innovation Initiative


text:
(a) (1) The Fusion Research and Development Innovation Initiative is hereby established within the commission to accelerate the development and growth of fusion energy by advancing fusion science and technology.

(2) The commission, in consultation with the Governor’s Office of Business and Economic Development and the Public Utilities Commission, shall establish and administer the initiative to provide financial incentives for projects that advance technologies for fusion energy benefiting California.

(b) The commission may refer to the federal Fusion Energy Sciences Advisory Committee’s (FESAC) Powering the Future: Fusion & Plasmas long-range plan and the 2024 draft report of the FESAC Subcommittee on Facilities Construction Projects to determine the highest priority capabilities.

(c) The commission may adopt guidelines governing the award, eligibility, and administration of funding pursuant to this chapter.

chapter: 19. Fusion Research and Development Innovation Initiative


text:
(a) The commission shall provide financial incentives pursuant to Section 25997.1 for any of the following:

(1) To advance research and development in fusion energy and support the establishment or expansion of testing facilities addressing gaps in fusion science and technology.

(2) To accelerate the deployment of new research and technology capabilities that support the commercialization of fusion energy.

(3) To achieve the initiative’s goal of delivering the world’s first fusion energy pilot project in the state by the 2040s.

(b) In administering the initiative, the commission may do all of the following:

(1) Solicit applicants and award financial incentives using a competitive award process. The commission may noncompetitively award follow-on financial incentives to awardees of a prior competitive award process.

(2) Use the competitive award process of another organization to award funds or provide follow-on funding for an entity previously selected through a competitive award process for the purposes of attracting significant federal or private funding for the projects or of accelerating the delivery of program benefits.

(3) Notwithstanding any other law, noncompetitively award financial incentives to an entity that will use the moneys as matching funds for federally awarded moneys.

(4) Noncompetitively award financial incentives to national laboratories and any public entities.

(5) Noncompetitively award financial incentives to any entity when the cost to the state is reasonable and the commission makes any of the following determinations:

(A) The expertise, service, or product is unique.

(B) A competitive solicitation would frustrate obtaining necessary information, goods, or services in a timely manner.

(C) When it is determined by the commission to be in the best interests of the state.

(c) The commission shall not noncompetitively award funds pursuant to this chapter unless both of the following conditions are met:

(1) The commission, at least 60 days before taking an action pursuant to this chapter, notifies the Joint Legislative Budget Committee and the relevant policy committees in both houses of the Legislature, in writing, of its intent to take the proposed actions.

(2) The Joint Legislative Budget Committee either approves or does not disapprove the proposed action within 60 days from the date of notification required by paragraph (1).


text:
(a) This chapter shall be liberally construed to maximize the commission’s ability to utilize and award federal funds expeditiously and in accordance with federal law.

(b) This chapter shall become operative, and its implementation is contingent, upon an appropriation for its purposes in the annual Budget Act or another act.

history: (History: Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Repealed as of January 1, 2028, pursuant to Section 25997.7.)


text: This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 334, Sec. 2. (SB 80) Effective January 1, 2026. Conditionally operative on date prescribed by Section 25997.5. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Ch. 19, commencing with Section 25997.)


text: This division shall be known, and may be cited, as the California Alternative Energy and Advanced Transportation Financing Authority Act.

history: (History: Amended by Stats. 1994, Ch. 1218, Sec. 4. Effective January 1, 1995.)

article: 1. General Provisions and Definitions

path: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT > 1. California Alternative Energy and Advanced Transportation Financing Authority > 1. General Provisions and Definitions


text:
The Legislature hereby finds and declares both of the following:

(a) It is essential that the state, in cooperation with the federal government, use all practical and commercially feasible means to promote the prompt and efficient development of energy sources which are renewable or which more efficiently utilize and conserve scarce energy resources.

(b) The promotion of sustainable and renewable energy sources, implementation of measures that increase the efficiency of the use of energy, and advanced transportation technologies that reduce the degradation of the environment and lessen the state’s dependence of fossil fuels, and protect the health, welfare, and safety of the people of this state are in the public interest and serve a public purpose.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 2. (SB 1128) Effective January 1, 2013.)

division: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT

chapter: 1. California Alternative Energy and Advanced Transportation Financing Authority

article: 1. General Provisions and Definitions


text:
It is the purpose of this division to advance the state’s goals of reducing the levels of greenhouse gas emissions, increasing the deployment of sustainable and renewable energy sources, implementing measures that increase the efficiency of the use of energy, creating high quality employment opportunities, and lessening the state’s dependence on fossil fuels and to that end to provide an alternative method of financing in providing and promoting the establishment of both of the following:

(a) Facilities utilizing alternative methods and sources of energy.

(b) Facilities needed for the development and commercialization of advanced transportation technologies.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 4. (SB 1128) Effective January 1, 2013.)

article: 1. General Provisions and Definitions


text: This division is necessary for the welfare of the state and its inhabitants, and shall be liberally construed to effect its purposes.

history: (History: Added by Stats. 1980, Ch. 908, Sec. 1.)

article: 1. General Provisions and Definitions


text:
(a) As used in this division, unless the context otherwise requires:

(1) (A) “Advanced manufacturing” means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:

(i) Microelectronics and nanoelectronics, including semiconductors.

(ii) Advanced materials.

(iii) Integrated computational materials engineering.

(iv) Nanotechnology.

(v) Additive manufacturing.

(vi) Industrial biotechnology.

(B) “Advanced manufacturing” includes any of the following:

(i) Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as “smart” or “intelligent” manufacturing systems, which integrate computational predictability and operational efficiency.

(ii) (I) Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.

(II) Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.

(2) (A) “Advanced transportation technologies” means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state’s commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.

(B) “Advanced transportation technologies” does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.

(3) (A) “Alternative sources” means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, devices or technologies used for an electrical generation facility that uses nuclear fusion technology, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduces the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.

(B) “Alternative sources” does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.

(4) “Authority” means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.

(5) “Cost” as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.

(6) “Financial assistance” includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.

(7) (A) “Participating party” means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.

(B) (i) For purposes of Section 6010.8 of the Revenue and Taxation Code, “participating party” means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.

(ii) For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.

(iii) It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.

(8) (A) “Project” means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.

(B) “Project,” for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.

(9) “Revenue” means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.

(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Amended (as amended by Stats. 2019, Ch. 690, Sec. 3) by Stats. 2025, Ch. 211, Sec. 1. (SB 86) Effective October 1, 2025. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2025, Ch. 211.)

article: 1. General Provisions and Definitions


text:
(a) As used in this division, unless the context otherwise requires:

(1) (A) “Advanced transportation technologies” means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state’s commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.

(B) “Advanced transportation technologies” does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.

(2) (A) “Alternative sources” means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduces the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.

(B) “Alternative sources” does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.

(3) “Authority” means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.

(4) “Cost” as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.

(5) “Financial assistance” includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.

(6) (A) “Participating party” means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.

(B) (i) For purposes of Section 6010.8 of the Revenue and Taxation Code, “participating party” means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.

(ii) For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.

(iii) It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.

(7) (A) “Project” means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.

(B) “Project,” for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.

(8) “Revenue” means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.

(b) This section shall become operative on January 1, 2028.

history: (History: Amended (as amended by Stats. 2019, Ch. 690, Sec. 4) by Stats. 2025, Ch. 211, Sec. 2. (SB 86) Effective October 1, 2025. Operative January 1, 2028, by its own provisions.)

article: 1. General Provisions and Definitions


text:
(a) There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function.

(b) The authority shall consist of five members, as follows:

(1) The Director of Finance.

(2) The Chairperson of the State Energy Resources Conservation and Development Commission.

(3) The President of the Public Utilities Commission.

(4) The Controller.

(5) The Treasurer, who shall serve as the chairperson of the authority.

(c) The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority.

(d) The first meeting of the authority shall be convened by the Treasurer.

history: (History: Amended by Stats. 1994, Ch. 1218, Sec. 8. Effective January 1, 1995.)

path: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT > 1. California Alternative Energy and Advanced Transportation Financing Authority > 2. Organization of Authority and General Powers and Duties Thereof


text: All members of the authority shall serve thereon without compensation as members of the authority.

article: 2. Organization of Authority and General Powers and Duties Thereof


text: The provisions of this division shall be administered by the authority which shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed upon it under this division.


text: The authority shall maintain an office in the City of Sacramento.


text: The authority may employ an executive director and any other persons as are necessary to enable it properly to perform the duties imposed upon it by this division. The executive director shall serve at the pleasure of the authority and shall receive such compensation as shall be fixed by the authority. The authority may, by resolution, delegate to its executive director, or any other employee of the authority, or the Treasurer’s designee any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 7. (SB 1128) Effective January 1, 2013.)


text: The authority may adopt, amend, or repeal all rules and regulations necessary to carry out this division as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of the regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 8. (SB 1128) Effective January 1, 2013.)


text:
(a) The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General, the authority may employ such legal counsel as in its judgment is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this division, including the employment of such bond counsel as may be deemed advisable in connection with the issuance and sale of bonds.

(b) The Director of Finance shall be the treasurer of the authority.


text:
The authority is authorized and empowered:

(a) To adopt an official seal.

(b) To sue and be sued in its own name.

(c) To issue bonds, notes, bond anticipation notes, and other obligations of the authority, including, at the option of the authority, obligations bearing interest that is taxable for purposes of federal income taxation, for any of its purposes and to fund or refund the same, all as provided in this division.

(d) To determine the location and character of a project to be financed under the provisions of this division, to provide financial assistance to a participating party, to enter into loan agreements with a participating party for the financing of a project including creating a lien or security interest in the property, to construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and to enter into contracts for the sale of a project, including installment sales or sales under conditional sales contracts.

(e) To fix fees and charges for projects, and interest rates with respect to loans for projects or for loan of moneys to finance projects, and to revise from time to time the fees and charges and interest rates, and to collect rates, rents, fees, loan repayments, and charges for the use of, and for a facility or service furnished, or to be furnished, by a project or part of the project and to contract with a person, partnership, association, corporation, or public agency with respect to the project, and to fix the terms and conditions upon which a project may be sold or disposed of, whether upon installment sales contracts or otherwise.

(f) To employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; to contract to advance the purposes of this division.

(g) To purchase, with proceeds of its bonds or its revenue, bonds issued by a public agency at a public or negotiated sale. Bonds purchased pursuant to this subdivision may be held by the authority or sold to public or private purchasers at public or negotiated sales, in whole or in part, separately or together with other bonds issued by the authority.

(h) To do all things generally necessary or convenient to carry out the purposes of this division.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 9. (SB 1128) Effective January 1, 2013.)


text:
(a) The purpose of this section is to promote the creation of California-based manufacturing, high-quality California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption, and to ensure that California communities and workers benefit from projects receiving financial assistance pursuant to this section. In furtherance of this purpose, the authority may approve a project for financial assistance in the form of the sales and use tax exclusion established in Section 6010.8 of the Revenue and Taxation Code.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Project” means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. “Project” does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.

(2) “Recycled feedstock” means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.

(3) “Soil amendments” may include “compost,” as defined in Section 14525 of the Food and Agricultural Code, “fertilizing material,” as defined in Section 14533 of the Food and Agricultural Code, “gypsum” or “phosphatic sulfate gypsum,” as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.

(c) The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.

(d) The authority shall evaluate a project application based on all of the following criteria:

(1) The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.

(2) The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.

(3) The extent to which the project will create new, or result in the loss of, permanent, full-time jobs in California, including the average and minimum wage for each classification of full-time employees proposed to be hired or not retained.

(4) To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.

(5) The extent of unemployment in the area in which the project is proposed to be located.

(6) Any other factors the authority deems appropriate in accordance with this section.

(e) On or after January 1, 2026, for an applicant that, together with its parent corporation and subsidiaries, employs 500 or more employees, the authority shall not approve a project for financial assistance pursuant to this section unless the applicant certifies, in a manner designated by the authority, that the applicant and its contractors will do all of the following:

(1) Provide comparatively good wage and benefits to the employees of the applicant or its subcontractors, relative to the industrial sector of the applicant or its subcontractors, occupation, and labor market of those employees.

(2) Invest in employee training, growth, and development, such as through comprehensive workforce training programs or apprenticeship programs.

(3) Adopt mechanisms to include worker voice and agency in the workplace.

(f) At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.

(g) Without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.

(h) (1) Except as provided in paragraph (2), the exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.

(2) For the 2022, 2023, and 2024 calendar years, the exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred fifteen million dollars ($115,000,000), of which fifteen million dollars ($15,000,000) shall be made available only to projects that manufacture, refine, extract, process, or recover lithium. In evaluating applications for projects that manufacture, refine, extract, process, or recover lithium, the authority, in addition to the criteria in subdivision (d), may consider other factors, including, but not limited to, the grantee’s willingness to relocate projects into California from a state that has enacted a law that does any of the following:

(A) Has the effect of voiding or repealing existing state protections against discrimination on the basis of sexual orientation, gender identity, or gender expression.

(B) Authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.

(C) Creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.

(D) Has the effect of denying or interfering with a woman’s right to choose to bear a child or to choose and obtain an abortion, as provided by Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

(i) The authority shall study the efficacy and cost benefit of the sales and use tax exclusion as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exclusion.

(j) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Amended (as amended by Stats. 2022, Ch. 251, Sec. 21) by Stats. 2025, Ch. 211, Sec. 3. (SB 86) Effective October 1, 2025. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2025, Ch. 211.)


text:
(a) The sale or purchase of tangible personal property of a project approved pursuant to this section, as it reads on December 31, 2027, before January 1, 2028, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authority’s resolution approving the project pursuant to this section.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Project” means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. “Project” does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.

(2) “Recycled feedstock” means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.

(3) “Soil amendments” may include “compost,” as defined in Section 14525 of the Food and Agricultural Code, “fertilizing material,” as defined in Section 14533 of the Food and Agricultural Code, “gypsum” or “phosphatic sulfate gypsum,” as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.

(c) The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section, as it reads on December 31, 2027, before January 1, 2028, shall not exceed one hundred million dollars ($100,000,000) for each calendar year.

(d) This section shall become operative on January 1, 2028.

history: (History: Amended (as added by Stats. 2019, Ch. 690, Sec. 6) by Stats. 2025, Ch. 211, Sec. 4. (SB 86) Effective October 1, 2025. Operative January 1, 2028, by its own provisions.)


text: When the principal of and interest on bonds of the authority issued to finance or refund the cost of a particular project for a participating party shall have been fully paid and retired or when adequate provision shall have been made for the payment and retirement of the same, and all other conditions of the resolution, indenture, or agreement authorizing and securing the same shall have been satisfied and the lien of such resolution, indenture, or agreement shall have been released in accordance with the provisions thereof, the authority is authorized, upon such terms and conditions as may be prescribed by the authority, to execute such deeds and conveyances as are necessary or required to convey title to such project to such participating party.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 16. (SB 1128) Effective January 1, 2013.)


text:
(a) The authority, or the executive director of the authority, if authorized to do so by resolution of the authority, shall take official action towards the issuance of bonds with respect to any participating party at the next meeting of the authority occurring more than 30 days following receipt of such application or if by the executive director within 45 days of such receipt. The executive director may be authorized to take such action in a resolution of general authority. Official action towards the issuance of bonds may reserve the right of the authority to further review an application for financing and to consider the terms thereof prior to the issuance of bonds therefor.

(b) The authority shall take final action to approve or disapprove of the issuance of bonds or notes to lend financial assistance to participating parties within 60 days of the receipt by the authority of a request from such participating party for such action. Any such request by a participating party for such final action shall be accompanied by evidence of fulfillment of any and all conditions to the issuance of such bonds or notes imposed at the time the first action towards the issuance thereof was taken by the authority and by copies of forms of all principal legal documents to be approved by the authority.

(c) The authority may give final approval for the issuance of such bonds or notes upon such terms as it reasonably deems necessary or desirable.

(d) Any action under this section shall be at the sole discretion of the authority.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 17. (SB 1128) Effective January 1, 2013.)


text: The authority, no later than March 31 of each year, shall submit to the Legislature a report of its activities for the preceding calendar year ending December 31. Such report shall include (a) a listing of the applications received, (b) a listing of the applications accepted for financing, (c) a specification of bonds sold, interest rates thereon, and whether bond sales were pursuant to public bid or were negotiated, (d) a specification of the amount of bonds authorized but currently unsold, (e) a projection of the authority’s needs and requirements for the coming year, and (f) a report of revenues and expenditures for the preceding fiscal year.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 20. (SB 1128) Effective January 1, 2013.)


text:
(a) The authority is authorized from time to time to issue its negotiable bonds, notes, debentures, or other securities (hereinafter collectively called “bonds”) for any of its purposes. The bonds may be authorized, without limiting the generality of the foregoing, to finance a single project for a single participating party, a series of projects for a single participating party, a single project for several participating parties, or several projects for several participating parties, or the purchase and sale of alternative source energy or projects pursuant to subdivision (g) of Section 26011. The authority may issue negotiable bond anticipation notes and may renew the notes from time to time. The bond anticipation notes may be paid from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. Notes and agreements relating to the notes and bond anticipation notes, collectively called notes, and the resolution or resolutions authorizing the notes may contain any provisions, conditions, or limitations that a bond, agreement relating to the bond, and bond resolution of the authority may contain. However, a note or renewal of the note shall mature at a time not exceeding three years from the date of issue of the original note.

(b) Except as may otherwise be expressly provided by the authority, every issue of its bonds, notes, or other obligations shall be general obligations of the authority payable from any revenues or moneys of the authority available for these purposes and not otherwise pledged, subject only to any agreements with the holders of particular bonds, notes, or other obligations pledging any particular revenues or moneys and subject to any agreements with any participating party. Notwithstanding that the bonds, notes, or other obligations may be payable from a special fund, they are for all purposes negotiable instruments, subject only to the provisions of the bonds, notes, or other obligations for registration.

(c) The bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the authority and shall bear the date or dates, mature at the time or times, not exceeding 50 years from their respective dates, bear interest at the fixed rate or rates, or at the variable rates, including multiple methods of setting rates from time to time while the bonds are outstanding, be payable at the time or times, be in the denominations, be executed in a manner, be payable in lawful money of the United States of America at a place or places, and be subject to terms of redemption or tender, as the resolution or resolutions may provide. The bonds or notes shall be sold by the Treasurer as agent for sale. The sales may be a public or private sale, and for the price or prices and on the terms and conditions, as the authority shall determine after giving due consideration to the recommendations of any participating party to be assisted from the proceeds of the bonds or notes. Pending preparation of the definitive bonds, the Treasurer may issue interim receipts, certificates, or temporary bonds that shall be exchanged for the definitive bonds. The Treasurer may sell bonds, notes, or other evidence of indebtedness at a price below their par value. However, the discount on a security sold pursuant to this section shall not exceed 6 percent of the par value.

(d) A resolution or resolutions authorizing bonds or an issue of bonds may contain provisions that shall be a part of the contract with the holders of the bonds or any credit provider to be authorized, as to all of the following:

(1) Pledging the full faith and credit of the authority or pledging all or part of the revenues of a project or a revenue-producing contract or contracts made by the authority with an individual, partnership, corporation, or association or other body, public or private, or other moneys of the authority, to secure the payment of the bonds or of any particular issue of bonds, subject to the agreements with bondholders as may then exist.

(2) The rentals, fees, purchase payments, loan repayments, and other charges to be charged, and the amounts to be raised in each year by the charges, and the use and disposition of the revenues.

(3) The setting aside of reserves or sinking funds, and the regulation and disposition of the reserves or sinking funds.

(4) Limitations on the right of the authority or its agent to restrict and regulate the use of the project or projects to be financed out of the proceeds of the bonds or any particular issue of bonds.

(5) Limitations on the purpose to which the proceeds of sale of an issue of bonds then or thereafter to be issued may be applied and pledging those proceeds to secure the payment of the bonds or the issue of the bonds.

(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.

(7) The procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which that consent may be given.

(8) Limitations on expenditures for operating, administrative, or other expenses of the authority.

(9) Defining the acts or omissions to act that constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of the holders in the event of a default.

(10) The mortgaging of a project and the site of the project for the purpose of securing the bondholders.

(11) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders.

(12) Provisions for the security of any provider of credit enhancement supporting payment on the bonds, but only in a manner subordinate to the right of bondholders.

(e) Neither the members of the authority nor a person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to personal liability or accountability by reason of the issuance of the bond or note.

(f) The authority shall have power out of any funds available for these purposes to purchase its bonds or notes without the cancellation thereof. The authority may hold, pledge, cancel, or resell those bonds, subject to and in accordance with agreements with bondholders.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 23. (SB 1128) Effective January 1, 2013.)

article: 3. Bonds and Notes

path: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT > 1. California Alternative Energy and Advanced Transportation Financing Authority > 3. Bonds and Notes


text: In the discretion of the authority, any bonds issued under the provisions of this division may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be the State Treasurer or any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or projects, or any portion thereof, to be financed out of the proceeds of such bonds. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or any credit provider as may be reasonable and proper and not in violation of law, including particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company doing business under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders or any credit provider. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders or any credit provider. Notwithstanding any other provision of law, the State Treasurer shall not be deemed to have a conflict of interest by reason of acting as trustee pursuant to this division. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of a project.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 24. (SB 1128) Effective January 1, 2013.)

article: 3. Bonds and Notes


text:
Bonds issued under the provisions of this division shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the authority, or a pledge of the faith and credit of the state or of any such political subdivision, other than the authority, but shall be payable solely from the funds herein provided therefor. All such bonds shall contain on the face thereof a statement to the following effect:

“Neither the faith and credit nor the taxing power of the State of California or any local agency is pledged to the payment of the principal of or interest on this bond.”

The issuance of bonds under the provisions of this division shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Nothing contained in this section shall prevent nor be construed to prevent the authority from pledging its full faith and credit to the payment of bonds or issue of bonds authorized pursuant to this division.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 25. (SB 1128) Effective January 1, 2013.)

article: 3. Bonds and Notes


text:
(a) The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding, directly or indirectly, any bonds, notes, or other evidence of indebtedness of the authority or any public agency then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion thereof.

(b) The proceeds of any such bonds issued for the purpose of refunding outstanding bonds, notes, or other securities may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority.

(c) Pending such use, any such escrowed proceeds may be invested and reinvested by the Treasurer or any trustee in instruments as may be specified in the resolution or indenture governing the bonds to be refunded, maturing at such time or times as shall be appropriate to ensure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner.

(d) All such bonds shall be subject to the provisions of this division in the same manner and to the same extent as other bonds issued pursuant to this division. Prior to refunding bonds or evidence of indebtedness not originally issued by the authority, the authority shall make findings that the project being refinanced qualifies as a project as defined in subparagraph (A) of paragraph (8) of subdivision (a) of Section 26003 until December 31, 2027, and as of January 1, 2028, as defined in subparagraph (A) of paragraph (7) of subdivision (a) of Section 26003.

history: (History: Amended by Stats. 2025, Ch. 211, Sec. 5. (SB 86) Effective October 1, 2025.)

article: 3. Bonds and Notes


text: The authority shall not be required to pay any property taxes or assessments upon, or in respect to, a project or any property acquired by or for the authority under the provisions of this division or upon the income therefrom, so long as the authority holds title to such project or the property or facilities comprised in the project. The exemption of the authority from taxation of any project herein provided shall cease forthwith when title to such property is transferred from the authority to any participating party. The provisions of this section shall not exempt any participating party from taxation including, but not limited to, taxation upon a possessory interest, with respect to any project, or the property or facilities comprised in any project, which may otherwise be applicable to such participating party.

article: 3.5. Supplemental Bond Provisions

path: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT > 1. California Alternative Energy and Advanced Transportation Financing Authority > 3.5. Supplemental Bond Provisions


text: Subject to Section 26029.6, the existence of the authority may be terminated at any time by the Legislature. Upon dissolution of the authority, the title to all properties owned by it shall, subject to the interests of any participating parties therein, vest in and become the property of the State of California and shall not inure to the benefit of any private party.

article: 3.5. Supplemental Bond Provisions


text: This division shall be deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, except that the issuance of bonds and refunding bonds under the provisions of this division need not comply with the requirements of any other law applicable to the issuance of bonds, and provided that, in the construction and acquisition of a project pursuant hereto, the authority need not comply with the requirements of any other law applicable to the construction or acquisition of public works except as specifically provided in this division.

article: 3.5. Supplemental Bond Provisions


text: The State of California does hereby pledge to and agree with the holders of any obligations issued under this division, and with those parties who may enter into contracts with the authority pursuant to the provisions of this division, that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority; provided, however, nothing herein contained shall preclude such limitation or alteration if and when adequate provision shall be made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority. The authority as agent for the state is authorized to include this pledge and undertaking for the state in such obligations or contracts.

article: 3.5. Supplemental Bond Provisions


text: The powers granted to the authority by this division may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this division are hereby declared to be inapplicable to the provisions of this division. Nothing contained in this division shall be interpreted to exempt the construction or acquisition of any project by any participating party from compliance with all applicable local, state, or federal laws and regulations.

article: 3.5. Supplemental Bond Provisions


text: The authority may contract with any participating party for the construction or acquisition of a project by such participating party. All such contracts for the construction or acquisition of a project by a participating party shall provide that the participating party shall be responsible for the architectural and engineering design and for the construction and completion thereof, subject to such standards for architectural and engineering design as may be established, and subject to such supervision as the authority deems necessary. The authority may agree to pay the cost of such project constructed or acquired by any participating party and to advance such costs from time to time in installments or otherwise as required by the contract for the construction or acquisition thereof. Title to all such projects may be vested in the authority subject to the terms of any lease thereof to the participating party or the rights of a participating party under any contract for the purchase or acquisition of such project including the payment of the purchase price under installment sales contracts.

history: (History: Amended by Stats. 2012, Ch. 677, Sec. 29. (SB 1128) Effective January 1, 2013.)

path: 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT > 1. California Alternative Energy and Advanced Transportation Financing Authority > 4. Construction and Leases of Facilities