Amended in Senate June 11, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 114


Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 9, 2015


begin deleteAn act relating to the Budget Act of 2015. end deletebegin insertAn act to amend Sections 13332.19, 15816, 15817.1, 15820.903, 15820.913, 15820.922, 15831, 15832, and 15848 of, and to repeal Section 15770.5 of, the Government Code, relating to public works, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 114, as amended, Committee on Budget. begin deleteBudget Act of 2015. end deletebegin insertPublic works: building construction.end insert

begin insert

(1) Existing law, except as specified, prohibits any state agency from expending funds appropriated for design-build projects until the Department of Finance and the State Public Works Board have approved performance criteria or performance criteria and concept drawings for the project. Existing law, for these purposes, defines the term “performance criteria” to mean the information that fully describes the scope of the proposed project, as specified. Existing law, for these purposes, defines the term “concept drawings” to mean any schematic drawings or architectural renderings that are prepared, in addition to performance criteria, in the detail necessary to sufficiently describe the state’s needs.

end insert
begin insert

This bill would revise the definition of “performance criteria,” for these purposes, to include concept drawings, as specified. The bill would additionally make conforming changes.

end insert
begin insert

(2) Existing law establishes the State Public Works Board which consists of the Director of Finance, the Director of Transportation, and the Director of General Services. Existing law authorizes the Director of Transportation and the Director of General Services to appoint a deputy or assistant director in their respective departments to act in their place on the board, as specified.

end insert
begin insert

This bill would repeal that authorization.

end insert
begin insert

(3) Existing law requires the State Public Works Board to notify the Department of General Services whenever the revenues, rentals, or receipts from the operation of a public building that was acquired or constructed by the board are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board. Existing law provides that thereafter, that public building is under the jurisdiction of, and operated and maintained by, the Department of General Services.

end insert
begin insert

This bill would repeal this notification requirement and instead require those buildings to return to the jurisdiction of, and be operated and managed by, the state agency that had jurisdiction of the property prior to the board’s financing of the public building. The bill would additionally make conforming changes.

end insert
begin insert

Existing law exempts from these provisions any public buildings that are acquired by lease by the board from a state agency, for the purposes of leasing the public building back to the state agency, as specified, and public buildings constructed for lease purchase to the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or any community college district. Existing law provides that when the revenues, rentals, or receipts from the operation of any public facility or public building are no longer required or pledged for the payment of principal or interest on the certificates or revenue bonds of the board, title to the public building vests in the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or the community college district.

end insert
begin insert

This bill would repeal these exemption and vesting provisions.

end insert
begin insert

(4) Existing law, until July 1, 2015, authorizes the State Public Works Board to acquire public buildings by lease from any state agency, and to lease those public buildings back to the state agency and pledge the revenues, rentals, or receipts to the lease to secure repayment of revenue bonds, notes, or certificates issued by the board for the purpose of facilitating the financing of public buildings, as specified.

end insert
begin insert

This bill would eliminate the repeal date and require the Department of Finance to report to the Legislature by June 30, 2017, on the effects of this repeal, as specified.

end insert
begin insert

(5) Existing law requires all revenue bonds issued for state building construction to bear the signature of the Governor, and the facsimile countersignature of the Controller and the Treasurer, as specified. Existing law requires all interest coupons attached to each bond to bear the facsimile signature of the Treasurer, as specified. Existing law specifies that the rate of interest to be born by the bonds need not be uniform for all bonds of the same issue or series or division and provides that the rate may be determined and fixed by the State Public Works Board by resolution adopted at or after the sale of the bonds.

end insert
begin insert

This bill would eliminate the requirement that all interest coupons attached to each bond bear the facsimile signature of the Treasurer and all references to interest coupons in these provisions. The bill would additionally provide that a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds.

end insert
begin insert

(6) Existing law requires the highest bid received on the sale of the bonds to be determined by deducting the total amount of the premium bid, if any, from the total amount of the interest that the state would be required to pay from the date of the bonds or the last preceding interest payment date, whichever is latest, to the respective maturity date of the bonds, as specified, and requires the award to be made on the basis of the lowest net interest cost to the state. Existing law requires the Treasurer, upon receipt of a resolution of the State Public Works Board authorizing the issuance of bonds, to provide for the preparation of the bonds in accordance with the resolution. In the case of a public sale, existing law authorizes the Treasurer to sell the bonds at the time, and with the notice, determined by the Treasurer, upon sealed bids, to the bidder whose bid will result in the lowest net interest cost on account of the bonds.

end insert
begin insert

This bill would instead authorize the Treasurer, for a public sale, to set forth the form and means of bids, and to sell to the bidder whose bid will result in the lowest interest cost to the state on account of the bonds. The bill would set forth the procedures the Treasurer may use to determine the lowest interest cost to the state, including the net interest cost of each bid, or the true interest cost of each bid, as defined.

end insert
begin insert

(7) Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections (BSCC). Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $365,771,000 and $854,229,000, in 2 phases, to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amount of $500,000,000 to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved adult local criminal justice facilities, as defined. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above.

end insert
begin insert

This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes in the first phase from $365,771,000 to $340,866,000 and increase the authorization of the 2nd phase from $854,229,000 to $870,074,000. The bill would also increase the authorization to be used for adult local criminal justice facilities from $500,000,000 to $509,060,000.

end insert
begin insert

(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13332.19 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

13332.19.  

(a) For the purposes of this section, the following
4definitions shall apply:

5(1) “Design-build” means a construction procurement process
6in which both the design and construction of a project are procured
7from a single entity.

P5    1(2) “Design-build project” means a capital outlay project using
2the design-build construction procurement process.

3(3) “Design-build entity” means a partnership, corporation, or
4other legal entity that is able to provide appropriately licensed
5contracting, architectural, and engineering services as needed.

6(4) “Design-build solicitation package” means the performance
7criteria, any concept drawings, the form of contract, and all other
8documents and information that serve as the basis on which bids
9or proposals will be solicited from the design-build entities.

10(5) “Design-build phase” means the period following the award
11of a contract to a design-build entity in which the design-build
12entity completes the design and construction activities necessary
13to fully complete the project in compliance with the terms of the
14contract.

15(6) “Performance criteria” means the information that fully
16describes the scope of the proposed project and includes, but is
17not limited to, the size, type, and design character of the buildings
18and site; the required form, fit, function, operational requirements,
19and quality of design, materials, equipment, and workmanship;
20and any other information deemed necessary to sufficiently
21describe thebegin delete State’send deletebegin insert state’send insert needs.begin insert Performance criteria may include
22concept drawings, which include any schematic drawings or
23architectural renderings that are prepared in the detail necessary
24to sufficiently describe the state’s needs.end insert

begin delete

25(7) “Concept drawings” means any schematic drawings or
26architectural renderings that are prepared, in addition to
27performance criteria, in such detail as is necessary to sufficiently
28describe the state’s needs.

end delete

29(b) (1) Except as otherwise specified in subparagraphs (A) to
30(D), inclusive, of paragraph (2) funds appropriated for a
31design-build project shall not be expended by anybegin delete Stateend deletebegin insert stateend insert
32 agency, including, but not limited to, the University of California,
33the California State University, the California Community
34Colleges, and the Judicial Council, until the Department of Finance
35and the State Public Works Board have approved performance
36begin delete criteria or performance criteria and concept drawings for the
37project.end delete
begin insert criteria.end insert

38(2) This section shall not apply to any of the following:

39(A) Amounts for acquisition of real property, in fee or any lesser
40interest.

P6    1(B) Amounts for equipment or minor capital outlay projects.

2(C) Amounts appropriated for performancebegin delete criteria and concept
3drawings.end delete
begin insert criteria.end insert

4(D) Amounts appropriated for preliminary plans, if the
5appropriation was made prior to January 1, 2005.

6(c) Any appropriated amounts for the design-build phase of a
7design-build project, where funds have been expended on the
8design-build phase by anybegin delete Stateend deletebegin insert stateend insert agency prior to the approval
9of the performance criteriabegin delete or the performance criteria and concept
10drawingsend delete
by the State Public Works Board, and all amounts not
11approved by the board under this section shall be reverted to the
12fund from which the appropriation was made. A design-build
13project for which a capital outlay appropriation is made shall not
14be put out to design-build solicitation until the bid package has
15been approved by the Department of Finance. A substantial change
16shall not be made to the performance criteriabegin delete or to performance
17criteria and concept drawingsend delete
as approved by the board and the
18Department of Finance without written approval by the Department
19of Finance. The Department of Finance shall approve any proposed
20bid or proposal alternates set forth in the design-build solicitation
21package.

22(d) The State Public Works Board may augment a design-build
23project in an amount of up to 20 percent of the capital outlay
24appropriations for the project, irrespective of whether any such
25appropriation has reverted. For projects authorized through multiple
26fund sources, including, but not limited to, general obligation bonds
27and lease-revenue bonds, to the extent permissible, the Department
28of Finance shall have full authority to determine which of the fund
29sources will bear all or part of an augmentation. The board shall
30defer all augmentations in excess of 20 percent of the amount
31appropriated for each design-build project until the Legislature
32makes additional funds available for the specific project.

33(e) In addition to the powers provided by Section 15849.6, the
34State Public Works Board may further increase the additional
35amount in Section 15849.6 to include a reasonable construction
36reserve within the construction fund for any capital outlay project
37without augmenting the project. The amount of the construction
38reserve shall be within the 20 percent augmentation limitation.
39The board may use this amount to augment the project, when and
P7    1if necessary, after the lease-revenue bonds are sold to ensure
2completion of the project.

3(f) Any augmentation in excess of 10 percent of the amounts
4appropriated for each design-build project shall be reported to the
5Chairperson of the Joint Legislative Budget Committee, or his or
6her designee, 20 days prior to board approval, or not sooner than
7whatever lesser time the chairperson, or his or her designee, may
8in each instance determine.

9(g) (1) The Department of Finance may change the
10administratively or legislatively approved scope for major
11design-build projects.

12(2) If the Department of Finance changes the approved scope
13pursuant to paragraph (1), the department shall report the changes
14and associated cost implications to the Chairperson of the Joint
15Legislative Budget Committee, the chairpersons of the respective
16fiscal committees, and the legislative members of the State Public
17Works Board 20 days prior to the proposed board action to
18recognize the scope change.

19(h) The Department of Finance shall report to the Chairperson
20of the Joint Legislative Budget Committee, the chairpersons of the
21respective fiscal committees, and the legislative members of the
22State Public Works Board 20 days prior to the proposed board
23approval of performance criteriabegin delete or performance criteria and
24concept drawingsend delete
for any project when it is determined that the
25estimated cost of the total design-build project is in excess of 20
26percent of the amount recognized by the Legislature.

27begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15770.5 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
28

15770.5.  

Notwithstanding any other provision of law, the
29Director of Transportation and the Director of General Services
30may appoint a deputy or assistant director in their respective
31departments to act in their place on the board, irrespective of
32whether the deputy or assistant director holds a position specified
33in subdivision (g) of Section 4 of Article VII of the California
34Constitution, and irrespective of whether there is to be more than
35one person representing a director at a meeting of the board. While
36serving on the board, the representative shall have all the powers
37of the director he or she is representing, including the right to be
38counted in a quorum, to participate in the proceedings of the board,
39and to vote on all matters. The director shall be responsible for the
40representative’s acts to the same extent that the director is
P8    1responsible for the deputy or assistant director’s acts when
2performing his or her official duties.

end delete
3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 15816 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

15816.  

(a) When any public building has been acquired or
6constructed by the board, and the revenues, rentals, or receipts
7from the operation of the public building are no longer required
8or pledged for the payment of principal or interest on any of the
9certificates or revenue bonds of the board undertaken under this
10part,begin delete the board shall forthwith notify the Department of General
11Services of that fact, and thereafterend delete
the public building shall be
12under the jurisdiction of, and operated and maintained by, the
13begin delete Department of General Services.end deletebegin insert state agency that had jurisdiction
14of the property prior to the board’s financing of the public building.end insert

begin delete

15(b) Subdivision (a) shall not apply to any public facility used
16pursuant to Section 15817.1 by, or to any public building
17constructed for lease-purchase, to the Regents of the University
18of California, the Trustees of the California State University, the
19Board of Governors of the California Maritime Academy, or any
20community college district, pursuant to this part. When the
21revenues, rentals, or receipts from the operation of any public
22facility or public building are no longer required or pledged for
23the payment of principal or interest on the certificates or revenue
24bonds of the board, title to the public building shall vest in the
25Regents of the University of California, the Trustees of the
26California State University, the Board of Governors of the
27California Maritime Academy, or the community college district.

end delete
begin delete

28(c)

end delete

29begin insert(b)end insert If at any time funds are available by law to retire any
30certificates or revenue bonds issued to defray the cost of any public
31building, these funds shall be applied to the redemption of
32certificates or revenue bonds secured by the rentals and revenues
33from that public building.

34begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 15817.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert

36

15817.1.  

(a) Exclusively for the purpose of facilitating the
37financing of public buildings pursuant to this part through the
38issuance of revenue bonds, notes, or certificates by the board, and
39notwithstanding any other law, the board may acquire by lease
40from anybegin delete Stateend deletebegin insert stateend insert agency public buildings identified by, and
P9    1under the jurisdiction or control of, thebegin delete Stateend deletebegin insert stateend insert agency, and, in
2that connection, the board may then lease those public buildings
3back to thebegin delete Stateend deletebegin insert stateend insert agency and may pledge the revenues, rentals,
4or receipts to the lease to secure the repayment of revenue bonds,
5notes, or certificates issued by the board. The board is not required
6to apply the proceeds of the board’s bonds, notes, or certificates
7to acquire, design, construct, or otherwise improve the same public
8buildings that are leased pursuant to this section. In each case, the
9lease shall provide rental provisions, term, payment, security,
10default, remedy, and other terms or provisions as may be specified
11in the lease or other agreement or agreements between the board
12and thebegin delete Stateend deletebegin insert stateend insert agency and may provide for the substitution of
13other public buildings for the public buildings initially leased by
14the board and thebegin delete Stateend deletebegin insert stateend insert agency pursuant to this section. The
15public buildings that are leased pursuant to this section may be
16existing public buildings, as determined by the board and thebegin delete Stateend delete
17begin insert stateend insert agency, and which the board and thebegin delete Stateend deletebegin insert stateend insert agency also
18determine to have both of the following:

19(1) A fair rental value that is consistent with the principal
20amount of the bonds, notes, or certificates of the board authorized
21to be issued for the purpose of providing the financing of public
22buildings pursuant to this part.

23(2) An economic useful life that is not shorter than the final
24maturity of the bonds, notes, or certificates of the board authorized
25to be issued for the purpose of providing the financing of public
26buildings pursuant to this part.

27(b) These determinations by the board and thebegin delete Stateend deletebegin insert stateend insert agency
28pursuant to subdivision (a) shall be final and conclusive.

29(c) A lease made pursuant to this section does not require the
30approval of the Director of General Services.

31(d) The board or abegin delete Stateend deletebegin insert stateend insert agency may utilize subdivision
32(a) in connection with the issuance of any revenue bonds, notes,
33or certificates previously authorized but not issued, or any revenue
34bonds, notes, or certificates authorized subsequent to the effective
35date of the act adding this subdivision.

begin delete

36(e) The acquisition by lease authority provided in this section
37shall become inoperative on July 1, 2015, unless a later enacted
38statute, that is enacted before that date, deletes or extends that date.
39Leases made pursuant to this authority prior to July 1, 2015, shall
40continue in full force and effect in accordance with their applicable
P10   1terms. Any acquisitions made and bonds issued pursuant to this
2authority prior to July 1, 2015, shall be deemed binding and valid.

end delete
begin insert

3(e) On or before June 30, 2017, the Department of Finance
4shall report to the fiscal committees of the Legislature the following
5regarding the removal of the July 1, 2015, inoperative date from
6the asset transfer authority of the board. The report shall include,
7but is not limited to, all of the following:

end insert
begin insert

8(1) The number of times the asset transfer authority has been
9invoked.

end insert
begin insert

10(2) The aggregate amount of financing secured through asset
11transfers.

end insert
begin insert

12(3) An estimate of the financing savings realized through the
13use of asset transfers.

end insert
14begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 15820.903 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert

16

15820.903.  

(a) The SPWB may issue up tobegin delete three hundred
17sixty-five million seven hundred seventy-one thousand dollars
18($365,771,000)end delete
begin insert three hundred forty million eight hundred sixty-six
19thousand dollars ($340,866,000)end insert
in revenue bonds, notes, or bond
20anticipation notes, pursuant to Chapter 5 of Part 10b of Division
213 of Title 2 (commencing with Section 15830) to finance the
22acquisition, design, or construction, and a reasonable construction
23reserve, of approved local jail facilities described in Section
2415820.901, and any additional amount authorized under Section
2515849.6 to pay for the cost of financing.

26(b) Proceeds from the revenue bonds, notes, or bond anticipation
27notes may be utilized to reimburse a participating county for the
28costs of acquisition, preliminary plans, working drawings, and
29construction for approved projects.

30(c) Notwithstanding Section 13340, funds derived pursuant to
31this section and Section 15820.902 are continuously appropriated
32for purposes of this chapter.

33(d) This section shall become inoperative on June 30, 2017, and
34no project may be commenced after that date; however, projects
35that have already commenced by that date may be completed and
36financed with bonds issued pursuant to this chapter.

37begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 15820.913 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

15820.913.  

(a) The SPWB may issue up tobegin delete eight hundred
40fifty-four million two hundred twenty-nine thousand dollars
P11   1($854,229,000)end delete
begin insert eight hundred seventy million seventy-four
2thousand dollars ($870,074,000)end insert
in revenue bonds, notes, or bond
3anticipation notes, pursuant to Chapter 5 of Part 10b of Division
43 of Title 2 (commencing with Section 15830) to finance the
5acquisition, design, or construction, and a reasonable construction
6reserve, of approved local jail facilities described in Section
715820.911, and any additional amount authorized under Section
815849.6 to pay for the cost of financing.

9(b) Proceeds from the revenue bonds, notes, or bond anticipation
10notes may be used to reimburse a participating county for the costs
11of acquisition, preliminary plans, working drawings, and
12construction for approved projects.

13(c) Notwithstanding Section 13340, funds derived pursuant to
14this section and Section 15820.912 are continuously appropriated
15for purposes of this chapter.

16begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 15820.922 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert

18

15820.922.  

(a) The board may issue up tobegin delete five hundred million
19dollars ($500,000,000)end delete
begin insert five hundred nine million sixty thousand
20dollars ($509,060,000)end insert
in revenue bonds, notes, or bond
21anticipation notes, pursuant to Chapter 5 (commencing with Section
2215830) to finance the acquisition, design, and construction,
23including, without limitation, renovation, and a reasonable
24construction reserve, of approved adult local criminal justice
25facilities described in Section 15820.92, and any additional amount
26authorized under Section 15849.6 to pay for the cost of financing.

27(b) Proceeds from the revenue bonds, notes, or bond anticipation
28notes may be used to reimburse a participating county for the costs
29of acquisition, design, and construction, including, without
30limitation, renovation, for approved adult local criminal justice
31facilities.

32(c) Notwithstanding Section 13340, funds derived pursuant to
33this section and Section 15820.921 are continuously appropriated
34for purposes of this chapter.

35begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 15831 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
36read:end insert

37

15831.  

All bonds issued under this part shall bear the facsimile
38signature of the Governor and the facsimile countersignature of
39the Controller and the Treasurer, and the bonds shall be signed,
40countersigned, and endorsed by the officers who shall be in office
P12   1on the date of issuance thereof, and each of the bonds shall bear
2an impress of the Great Seal of the State of California.begin delete Interest
3coupons attached to each bond shall bear the facsimile signature
4of the Treasurer who shall be in office on the date of the bond to
5which the coupons pertain.end delete
The bondsbegin delete or couponsend delete so signed,
6countersigned, endorsed, and sealed, when sold, are valid although
7the sale thereof be made at a date or dates upon which the officers
8having signed, countersigned, and endorsed thebegin delete bonds or coupons,end delete
9begin insert bonds,end insert or any or either of the officers, shall have ceased to be the
10incumbents of the offices held by them at the time of signing,
11countersigning, or endorsing thebegin delete bonds or coupons.end deletebegin insert bonds.end insert Each
12bond issued under this part, if subject to call or redemption prior
13to maturity, shall contain a recital to that effect.

14The rate of interest to be borne by the bonds need not be uniform
15for all bonds of the same issue or series orbegin delete divisionend deletebegin insert maturityend insert and
16begin insert a “not to exceed” interest rateend insert may be determined and fixed by
17the board by resolution adoptedbegin delete atend deletebegin insert prior toend insert or after the sale of the
18bonds. begin delete The highest bid received on the sale of the bonds shall be
19determined by deducting the total amount of the premium bid (if
20any) from the total amount of interest which the state would be
21required to pay from the date of the bonds or the last preceding
22interest payment date, whichever is latest, to the respective maturity
23dates of the bonds then offered for sale at the coupon rate or rates
24specified in the bid, and the award shall be made on the basis of
25the lowest net interest cost to the state.end delete
The Treasurer, when
26authorized by resolution of the board, may sell bondsbegin insert above, below,
27orend insert
atbegin delete less thanend delete their par or face value.

28begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 15832 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
29read:end insert

30

15832.  

Upon receipt of a resolution of the board authorizing
31the issuance of bonds, the Treasurer shall provide for their
32preparation in accordance with the resolution. The bonds authorized
33to be issued shall be sold by the Treasurer, at public sale or at
34private sale, as directed by the board. In the case of public sale,
35(1) the bonds shall be sold by the Treasurer, at such time as may
36be fixed by him or her, and upon such notice as he or she may
37deem advisable, uponbegin delete sealed bids,end deletebegin insert bids submitted to the Treasurer
38in the form and by the means specified by the Treasurer,end insert
to the
39bidder whose bid will result in the lowestbegin delete netend delete interest cost on
40account of such bonds, and (2) if no bids are received, or if the
P13   1Treasurer determines that the bids are not satisfactory, the Treasurer
2may reject all bids received, if any, and either readvertise or sell
3the bonds at private sale.begin insert For purposes of this chapter, the method
4for determining the lowest interest cost bid shall be determined
5by the Treasurer and shall be limited to either the net interest cost
6method or the true interest cost method determined by the bids as
7submitted in accordance with the notice of sale. The net interest
8cost of each bid shall be determined by ascertaining the total
9amount of interest that the state would be required to pay under
10that bid, from the date of the bonds to the respective maturity dates
11of the bonds then offered for sale, at the interest rate or rates
12specified in the bid, less the total amount of the premium, if any,
13or plus the total amount of the discount, if any, offered by the bid.
14The bid under which the amount ascertained is the least shall be
15deemed to be the bid resulting in the lowest net interest cost. Under
16the true interest cost method, the bonds shall be awarded to the
17bidder submitting the lowest interest rate bid determined by the
18nominal interest rate that, when compounded semiannually and
19used to discount the debt service payments on the bonds to the
20date of the bonds, results in an amount equal to the price bid for
21the bonds, excluding interest accrued to the date of delivery.end insert

22Temporary or interim bonds, certificates, or receipts of any
23denominationbegin delete whatever and with or without coupons attached
24thereto,end delete
begin insert whatever,end insert to be signed by the Treasurer, may be issued
25and delivered until the definitive bonds are executed and available
26for delivery. Signature of the Treasurer may be by signature stamp.

27begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 15848 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert

29

15848.  

Notwithstanding Section 13340 or any other provision
30of law, the amount as may be necessary to pay the rent of any
31agency occupying space in a facility authorized to be acquired or
32constructed under the State Building Construction Act of 1955 or
33a facility leased by a state agency pursuant to a joint powers
34agreement in accordance with Chapter 5 (commencing with Section
356500) of Division 7 of Title 1 is hereby appropriated each fiscal
36year payable from the fund in the State Treasury from which that
37agency derives its appropriation for support and shall become
38available only if the rental payments are due during a period that
39the state is operating without funds appropriated by the Budget
40Act for that fiscal year or if the amount required to pay the rental
P14   1payments has not been included in the Budget Act for that fiscal
2year and the Department of Finance certifies to the Controller that
3sufficient funds are available for the support of the agency for that
4portion of the facility that has been provided for its use and the
5facility or portion thereof is available for the use and occupancy
6of the agency. This appropriation shall be inoperative as to any
7facilitybegin delete that is transferred to theend deletebegin insert for whichend insert jurisdiction begin delete of the
8Department of General Services pursuant to subdivision (a) of
9Section 15816, to any facility transferred to a state agency pursuant
10to a joint powers agreement, or to any facility the title of which
11has vested in the Regents of the University of California, the
12Trustees of the California State University, the Board of Governors
13of the California Maritime Academy, or any community college
14district pursuant to subdivision (b) ofend delete
begin insert has been transferred pursuant
15toend insert
Section 15816.

16begin insert

begin insertSEC. 11.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
17to the Budget Bill within the meaning of subdivision (e) of Section
1812 of Article IV of the California Constitution, has been identified
19as related to the budget in the Budget Bill, and shall take effect
20immediately.

end insert
begin delete
21

SECTION 1.  

It is the intent of the Legislature to enact statutory
22changes relating to the Budget Act of 2015.

end delete


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