Bill Text: CA AB310 | 2019-2020 | Regular Session | Amended

California Assembly Bill 310 (Prior Session Legislation)

Bill Title: California Infrastructure and Economic Development Bank.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-08-03 - In committee: Hearing for testimony only. [AB310 Detail]

Download: California-2019-AB310-Amended.html

Amended IN Senate June 26, 2020

Amended IN Assembly May 16, 2019

Amended IN Assembly March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 310

Introduced by Assembly Member Santiago

January 29, 2019

~~An act to amend Section 219 of, and to add Section 219.1 to, the Code of Civil Procedure, relating to courts.~~ An act to amend Sections 16430, 16500, 16500.5, 16521, 53601, 53630.5, 53635, 53638, 53651, 63010, 63021, 63025.1, 63035, 63050, 63088.3, and 63089.98 of, to add Sections 16480.46, 63021.1, 63021.2, 63021.3, 63025.10, 63037 to, to add Article 8.5 (commencing with Section 63089.85) to Chapter 6 of Division 1 of Title 6.7 of, to add Chapter 7 (commencing with 63090) to Division 1 of Title 6.7 of, and to repeal Section 63021.5 of, the Government Code, relating to the California Infrastructure and Economic Development Bank.

LEGISLATIVE COUNSEL'S DIGEST

AB 310, as amended, Santiago. ~~Trial Jury Selection and Management Act.~~ California Infrastructure and Economic Development Bank.

(1) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor’s Office of Business and Economic Development under the direction of an executive director appointed by the Governor, subject to confirmation by the Senate, and governed by a board of directors composed of specified persons. Existing law, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. The act prohibits the bank from being chartered as a depository institution. The act establishes the California Infrastructure and Economic Development Bank Fund (I-Bank fund), a continuously appropriated fund, for support of the I-Bank and prohibits 15 percent of the financing annually approved by the executive director that utilizes state funds from the infrastructure bank fund from being expended upon educational facilities, environmental mitigation measures, and parks and recreational facilities.
This bill would, among other things, establish the Infrastructure and Economic Development Bank Commission and place the I-Bank under the supervision of the commission. The bill would require that the commission be comprised of the Governor, the Treasurer, the Controller, or their designees. The bill would require the commission to appoint members of the bank board, as specified. The bill would eliminate the I-Bank Fund spending limit with respect to educational facilities, environmental mitigation measures, and parks and recreational facilities.
The bill would require the executive director, by January 1, 2021, to prepare, or cause to be prepared, a proposed projected 5-year budget detailing the costs expected to be incurred during that period due to the transfer of the I-Bank, as described above, and the operation of the I-Bank as a depository institution, as described below. The bill would require the executive director to submit the proposed projected budget to the board for approval and the final projected budget to the Legislature, as provided, and to take specified actions in order to facilitate the transfer of the I-Bank and the operation of the I-Bank as a depository institution. The bill, until January 1, 2022, would require the executive director to employ as necessary professional staff or consultants with expertise in the regulatory and other policy practices of the Federal Reserve System to assist in those activities.
The bill would authorize the I-Bank to engage in certain financial transactions related to local agencies and tribal governments, including by authorizing the I-Bank to purchase bond anticipation notes of local agencies and tribal governments.
Existing law, the Small Business Financial Assistance Act of 2013, requires the I-Bank to administer the California Small Business Finance Center that administers programs to assist businesses seeking new capital resources.
This bill would, among other things, require the I-Bank to continue or expand the Small Business Finance Center as specified, including by guaranteeing loans to small businesses with a focus on specified borrowers.
(2) Existing law requires the Treasurer, if possible, to deposit all money in the State Treasury or under the control of the Treasurer into an eligible bank. Existing law requires a state officer or employee, other than the Treasurer, to deposit all money in the custody of the state or under the control of that officer or employee in a state or national bank, as defined. Existing law requires a local agency, as defined, to deposit all money belonging to, or in the custody of that local agency, into specified state or national banks, as defined. Existing law regulates the investment of public funds by local agencies.
Existing law requires the Treasurer to invest, or deposit in banks and savings and loan associations, specified state moneys designated as surplus and determined to be available for that purpose by the Pooled Money Investment Board. Existing law prescribes eligible securities for the investment of surplus moneys under these provisions, including bonds, notes, and warrants of this state and bonds or warrants of any county, city, or specified types of districts of this state.
This bill would require the Department of Business Oversight to charter the I-Bank as a depository institution and would authorize the Treasurer, a state officer or employee having control over money belonging to or in the custody of the state, a local agency, as defined, or, upon approval by the board of directors, a quasi-public nonprofit entity to establish a deposit account with the I-Bank. The bill would require the I-Bank to, among other things, become a member of the Federal Reserve System and the Federal Home Loan Bank System and would prohibit the bank from engaging in prohibited high-risk activities, as defined.
The bill would expand the scope of securities eligible for investment under these provisions to include equity, loans, debt securities, bond anticipation notes, or other obligations issued by the I-Bank. The bill would require the Treasurer to target an investment of 10% of the average daily balance of the Pooled Money Investment Account into those obligations. The bill would require, within one year of the date on which the I-Bank is chartered as a depository institution, the Treasurer to deposit at least 20 percent of the deposits in the State Treasury into the Treasurer’s account at the I-Bank and would require, within 5 years of the date on which the I-Bank is chartered as a depository institution, the Treasurer to deposit 100 percent of the deposits in the State Treasury into the Treasurer’s account at the I-Bank.
(3) Existing law requires the I-Bank, by November 1 of each year, to submit to the Governor and the Legislature a report for the preceding fiscal year containing specified information relating to the I-Bank fund and programs, including information on the impact of the activities funded by moneys in the fund, including the number of jobs created and retained. Existing law also requires the manager of the California Small Business Finance Center, by January 1 of each year, to prepare and submit to the Governor and the Legislature a report for the preceding fiscal year relating to the activities of the California Small Business Expansion Fund and moneys within that fund held in trust by a financial institution or financial company that includes specified information.
This bill would additionally require the I-Bank and the program manager to submit these reports to the Infrastructure and Economic Development Bank Commission and the I-Bank’s board of directors. The bill would also expand the report required to be submitted by the I-Bank to include the number of jobs projected to be created and retained as an impact of the activities funded from the I-Bank fund and programs and information about deposit accounts established as described above.
Existing law generally requires the jury commissioner to randomly select jurors to participate in voir dire. Existing law prohibits the selection of designated peace officers for voir dire in either criminal or both criminal and civil matters, as specified.
This bill, until January 1, 2024, would additionally prohibit the selection of designated probation officers for voir dire in criminal matters. This bill would also require the Judicial Council to submit a report to the Legislature addressing the impact of exemptions from jury service, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California municipalities, counties, and regional public entities, including pension funds and joint powers authorities (JPAs), routinely have funds from taxes, pension contributions, tolls, and other revenue sources deposited in commercial private banks. These banks have exposure to risks inherent in the commercial banking system, including financial products that are not subject to regulatory oversight. Thus, financial crises could adversely affect the security of public funds in commercial banks. Recent banking regulations, put into effect by the Third Basel Accord, known as the Basel III agreement, eliminate the security of deposits and expose the depositors’ funds to risk by making them subject to forfeiture to pay the debt of a private bank, a so-called “bail-in.”
(b) California public entities receive a low interest rate, between 0.5 and 0.8 percent, on their deposits and also pay relatively high management and transaction fees that are between 5 and 10 basis points (bps). Public entities have sought to mitigate these factors by placing some of their funds in the Local Agency Investment Fund (LAIF) under the State Treasurer’s Office (STO). The STO has a Centralized Treasury and Securities Management Division (CTSMD) for handling the annual flow of about $2 trillion. The LAIF funds, which totaled about $28.22 billion in 2020, are placed in low-risk investments along with state funds, totaling about $99 billion, under the state’s Pooled Money Investment Account (PMIA). The yield has been about 1.7% in 2020.
(c) California public entities routinely issue municipal bonds in order to finance infrastructure and related projects. The California Debt and Investment Advisory Commission (CDIAC) reported that there were $78.4 billion of public bonds issued in 2016, with an average interest rate of 3 to 4 percent, depending on the term of the bond and its rating. About one-third of the approximately 3,700 bonds issued in 2016 were from JPAs. California accounted for about 18 percent of all municipal bonds issued in the United States in 2016. This was higher than California’s 13 percent contribution to the United States economy in part due to underreporting in other states.
(d) According to CDIAC, about one-third of California municipal bonds are issued for education, one-half of which are for K-12 and one-half for colleges and universities. Another one-third of the bonds are for public works and about 10 percent are for hospitals and healthcare facilities. The remaining 20 percent are for a variety of purposes, including housing. The state issues about 25 percent of the reported bonds and a miscellany accounts for another 25 percent. Cities and counties issue about 15 to 20 percent of the bonds, while K-12 school districts and JPAs issue about 15 percent.
(e) California municipalities invest some of their funds and issue some bonds as affiliates. The League of California Cities (LCC), which was established almost 120 years ago, has developed a funding pool called CalTRUST with an approved nongovernmental investment manager. This allows cities to invest in fixed-income securities yet permits short-term liquidity. The current holdings are approximately $2.8 billion. The LCC acts together with the California Statewide Communities Development Authority (CSCDA), which was created in 1988, to issue bonds to finance local infrastructure, including housing, economic development, healthcare and education, totaling about $2 billion in 2016. These issuances are reported to the CDIAC.
(f) The California Infrastructure and Economic Development Bank (I-Bank) is a revolving fund established in 1994 with state funds. It operates under the Governor and the Governor’s Office of Business and Economic Development (GO-Biz). The I-Bank has grown over the past two decades, and is currently providing infrastructure financings using funds from tax-exempt revenue bonds and the profits from its financings. Financings by the I-Bank are done at an average of 3 percent; this equals its own cost of borrowing and is below the interest paid by public entities for their own financings in the public market. The origination and issuance fees of the I-Bank are lower than those of commercial banks, at 2 to 3 bps versus 6 to 10 bps.
(g) The I-Bank also issues conduit bonds on behalf of state agencies (approximately $500 million in 2016), which permits those bonds to be tax-free. The I-Bank receives fees for handling this conduit service.
(h) The I-Bank includes the California Small Business Finance Center (SBFC) that provides loan guarantees for small businesses with difficulties obtaining loans from private banks. This center operates under the Small Business Financial Assistance Act of 2013 (Chapter 6 (commencing with Section 63088) of Division 1 of Title 6.7 of the Government Code), which defines details of the loan guarantee program. The SBFC contracts with a dozen or so nonprofit agencies that provide the loans. In 2020, SBFC had $94 million on deposit with which it guaranteed 653 loans totaling $755 million, a leverage ratio of 5.4 to 1. There has been a very low rate of defaults, about 0.02 percent. SBFC also makes a small number of loans to farms that are guaranteed by funding from the United States Department of Agriculture. The SBFC makes an annual report to the Governor and Legislature that is separate from the report of the I-Bank. The SBFC report detail the distribution of its loan guarantees and the jobs produced by them.
(i) As of 2016, the I-Bank had assets of over $725 million, including about $410 million in cash and equivalents and about $310 million of loans receivable. Liabilities, mostly revenue bonds payable, were about $446 million.
(j) In 2016 the I-Bank provided financing for infrastructure and environmental programs under its Infrastructure State Revolving Fund (ISRF) and California Lending for Energy and Environmental Needs (CLEEN) programs of about $94 million, or 0.12 percent of the total California municipal infrastructure loans. These I-Bank financings typically range from $5 to $25 million. Each $1 million of these financings is estimated to produce 15 jobs. The three major rating agencies give 90 percent of these bonds ratings of “AAA” or better, and view the obligors as reliable.
(k) The I-Bank has provided $38 billion of financing for infrastructure and economic development over the past two decades, of which $36 billion was conduit bonds on behalf of public agencies and nonprofits. The I-Bank estimates that its programs created or retained 350,000 jobs. About 85 percent of these jobs were through its SBFC in the form of loans and loan guarantees, and 15 percent through its ISRF and CLEEN programs and the conduit bonds.

SEC. 2.
It is the intent of the Legislature to do all of the following:
(a) Aid economic recovery for individuals and local governments who are facing extreme economic pressure due to the COVID-19 pandemic and subsequent economic recession by increasing lending to local agencies and increasing credit to rural, minority-owned, women-owned, indigenous-owned, and immigrant-owned businesses who have been historically marginalized due to restrictive covenants, redlining, and other restrictive practices by traditional financial institutions via credit enhancements and participation lending with local financial institutions.
(b) Provide loan participation and credit support for local financial institutions addressing credit needs in unbanked and under-banked California communities.
(c) Provide a pathway for a California state bank to invest state and municipal dollars in public goods, services, and 21st century infrastructure with an effective yield that is competitive with or exceeds that of the current Pooled Money Investment Account effective rate.
(d) Encourage the I-Bank to offer below market rate credit on certain loans and financial products that meet the state’s social, economic, and environmental objectives.
(e) Require the I-Bank to conduct its small business lending activities with the mission of filling gaps in the community economic development ecosystem, including by partnering with and expanding the reach of community development financial institutions.

SEC. 3.

Section 16430 of the Government Code is amended to read:

16430.

Eligible securities for the investment of surplus moneys shall be any of the following:

(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.

(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.

(c) Bonds, notes, and warrants of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest.

(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the state, municipal utility district, or school district of this state.

(e) Any of the following:

(1) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.).

(2) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.).

(3) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.).

(4) Stocks, bonds, debentures, and other obligations of the Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.).

(5) Bonds of any federal home loan bank established under that act.

(6) Obligations of the Federal Home Loan Mortgage Corporation.

(7) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.).

(8) Other obligations guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.).

(f) (1) Commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B):

(A) Both of the following conditions:

(i) Organized and operating within the United States.

(ii) Having total assets in excess of five hundred million dollars ($500,000,000).

(B) Both of the following conditions:

(i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company.

(ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond.

(2) A purchase of eligible commercial paper may not do any of the following:

(A) Exceed 270 days maturity.

(B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company.

(3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment.

(g) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, that are eligible for purchase by the Federal Reserve System.

(h) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600).

(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration.

(j) Bank loans and obligations guaranteed by the Export-Import Bank of the United States.

(k) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2).

(l) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, or the Government Development Bank of Puerto Rico.

(m) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment under this subdivision shall be within the top three ratings of a nationally recognized rating service.

(n) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500).

(o) Equity, loans, debt securities, bond anticipation notes, or other obligations of the California Infrastructure and Economic Development Bank.

SEC. 4.

Section 16480.46 is added to the Government Code, to read:

16480.46.
The Treasurer shall target an investment of 10 percent of the average daily balance of the Pooled Money Investment Account into equity, loans, debt securities, bond anticipation notes, or other obligations of the California Infrastructure and Economic Development Bank.

SEC. 5.

Section 16500 of the Government Code is amended to read:

16500.

(a) As used in this chapter, “eligible bank” means a state or national bank located in this state, selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state, that has received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of the bank’s record of meeting the credit needs of the state’s communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. An eligible bank is eligible to receive deposits only to the extent that it furnishes the security required by this chapter.

(b) For purposes of this chapter, an “eligible bank” shall also mean the California Infrastructure and Economic Development Bank.

SEC. 6.

Section 16500.5 of the Government Code is amended to read:

16500.5.

(a) The definitions in Section 1670 of, and Chapter 1 (commencing with Section 99) of Division 1 of, the Financial Code apply to this section.

(b) In this chapter, for purposes of being an eligible bank for the safekeeping of moneys belonging to, or in the custody of, the state, the phrases “state or national bank located in this state,” “state or national bank,” “state or national bank in this state,” and “state or national banks in the state” shall include, without limitation, any of the following:

(1) Any California branch office of a foreign (other state) state bank that the bank is authorized to maintain under the law of its domicile and federal law.

(2) Any California branch office of a foreign (other state) national bank that the bank is authorized to maintain under federal law.

(3) Any California branch office of a foreign (other nation) bank that the bank is licensed to maintain under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1 1.1 of the Financial Code.

(4) Any California federal branch of a foreign (other nation) bank that the bank is authorized to maintain under federal law.

(5) The California Infrastructure and Economic Development Bank.

SEC. 7.

Section 16521 of the Government Code is amended to read:

16521.

(a) To be eligible to receive and retain demand or time deposits, a bank shall deposit with the Treasurer as security for such deposits, securities specified in Section 16522, and approved by the Treasurer, in an amount in value at least 10 percent in excess of the amount deposited with the bank. Uncollected funds shall be excluded from the amount deposited in a demand account with a bank when determining the security requirements for such deposits.

(b) This section shall not apply to the California Infrastructure and Economic Development Bank.

SEC. 8.

Section 53601 of the Government Code is amended to read:

53601.

This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.

For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:

(a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.

(b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.

(c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

(d) Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

(e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

(f) Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.

(g) Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.

This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).

(h) Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):

(1) The entity meets the following criteria:

(A) Is organized and operating in the United States as a general corporation.

(B) Has total assets in excess of five hundred million dollars ($500,000,000).

(C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.

(2) The entity meets the following criteria:

(A) Is organized within the United States as a special purpose corporation, trust, or limited liability company.

(B) Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.

Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.

(i) Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.

(j) (1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.

(2) Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.

(3) Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:

(A) The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.

(B) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.

(C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

(D) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

(4) (A) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.

(B) For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:

(i) Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.

(ii) Financing of a local agency’s activities.

(iii) Acceptance of a local agency’s securities or funds as deposits.

(5) (A) “Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery.

(B) “Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.

(C) “Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.

(D) “Securities lending agreement” means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.

(E) For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.

(F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.

(k) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.

(l) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.

(2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).

(3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:

(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.

(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).

(4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:

(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.

(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).

(5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).

(m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.

(n) Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.

(o) A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.

(p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:

(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.

(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.

(3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

(q) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.

(r) Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.

(s) Equity, loans, debt securities, bond anticipation notes, or other obligations of the California Infrastructure and Economic Development Bank.

SEC. 9.

Section 53630.5 of the Government Code is amended to read:

53630.5.

(a) The definitions in Section 1670 of, and Chapter 1 (commencing with Section 99) of Division 1 of, the Financial Code apply to this section.

(b) In this article, for purposes of being a depository of moneys belonging to or being in the custody of a local agency, the phrases “state or national bank located in this state,” “state or national bank,” “state or national bank in this state,” and “state or national banks in the state” include, without limitation, any of the following:

(1) A California branch office of a foreign (other state) state bank that the bank is authorized to maintain under the law of its domicile and federal law.

(2) A California branch office of a foreign (other state) national bank that the bank is authorized to maintain under federal law.

(3) A California branch office of a foreign (other nation) bank that the bank is licensed to maintain under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1.1 of the Financial Code.

(4) A California federal branch of a foreign (other nation) bank that the bank is authorized to maintain under federal law.

(5) The California Infrastructure and Economic Development Bank.

SEC. 10.

Section 53635 of the Government Code is amended to read:

53635.

(a) This section shall apply to a local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. However, Section 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body.

This section shall be interpreted in a manner that recognizes the distinct characteristics of investment pools and the distinct administrative burdens on managing and investing funds on a pooled basis pursuant to Article 6 (commencing with Section 27130) of Chapter 5 of Division 2 of Title 3.

A local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other agencies may invest in commercial paper pursuant to subdivision (h) of Section 53601, except that the local agency shall be subject to the following concentration limits:

(1) No more than 40 percent of the local agency’s money may be invested in eligible commercial paper.

(2) No more than 10 percent of the total assets of the investments held by a local agency may be invested in any one issuer’s commercial paper.

(b) Notwithstanding Section 53601, the City of Los Angeles shall be subject to the concentration limits of this section for counties and for cities and counties with regard to the investment of money in eligible commercial paper.

(c) A local agency subject to this section may invest in commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.

(d) A local agency subject to this section may invest in the equity, loans, debt securities, bond anticipation notes, or other obligations of the California Infrastructure and Economic Development Bank.

SEC. 11.

Section 53638 of the Government Code is amended to read:

53638.

(a) The deposit shall not exceed the shareholder’s equity of any depository bank. For the purposes of this subdivision, shareholder’s equity shall be determined in accordance with Section 463 of the Financial Code, but shall be deemed to include capital notes and debentures.

(b) The deposit shall not exceed the total of the net worth of any depository savings association or federal association, except that deposits not exceeding a total of five hundred thousand dollars ($500,000) may be made to a savings association or federal association without regard to the net worth of that depository, if such deposits are insured or secured as required by law.

(c) The deposit to the share accounts of any regularly chartered credit union shall not exceed the total of the unimpaired capital and surplus of the credit union, as defined by rule of the Commissioner of Business Oversight, except that the deposit to any credit union share account in an amount not exceeding five hundred thousand dollars ($500,000) may be made if the share accounts of that credit union are insured or guaranteed pursuant to Section 14858 of the Financial Code or are secured as required by law.

(d) The deposit in investment certificates of a federally insured industrial loan company shall not exceed the total of the unimpaired capital and surplus of the insured industrial loan company.

(e) This section shall not apply to a deposit held by the California Infrastructure and Economic Development Bank.

SEC. 12.

Section 53651 of the Government Code is amended to read:

53651.

Eligible securities are any of the following:

(a) United States Treasury notes, bonds, bills or certificates of indebtedness, or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of small business administration loans, so long as the loans are obligations for which the faith and credit of the United States are pledged for the payment of principal and interest.

(b) Notes or bonds or any obligations of a local public agency (as defined in the United States Housing Act of 1949) or any obligations of a public housing agency (as defined in the United States Housing Act of 1937) for which the faith and credit of the United States are pledged for the payment of principal and interest.

(c) Bonds of this state or of any local agency or district of the State of California having the power, without limit as to rate or amount, to levy taxes or assessments to pay the principal and interest of the bonds upon all property within its boundaries subject to taxation or assessment by the local agency or district, and in addition, limited obligation bonds pursuant to Article 4 (commencing with Section 50665) of Chapter 3 of Division 1, senior obligation bonds pursuant to Article 5 (commencing with Section 53387) of Chapter 2.7, and revenue bonds and other obligations payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state, local agency or district or by a department, board, agency or authority thereof.

(d) Bonds of any public housing agency (as defined in the United States Housing Act of 1937, as amended) as are secured by a pledge of annual contributions under an annual contribution contract between the public housing agency and the Public Housing Administration if such contract shall contain the covenant by the Public Housing Administration which is authorized by subsection (b) of Section 22 of the United States Housing Act of 1937, as amended, and if the maximum sum and the maximum period specified in the contract pursuant to that subsection 22(b) shall not be less than the annual amount and the period for payment which are requisite to provide for the payment when due of all installments of principal and interest on the obligations.

(e) Registered warrants of this state.

(f) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by the United States Postal Service, federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended, debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended, consolidated obligations of the federal home loan banks established under the Federal Home Loan Bank Act, bonds, debentures and other obligations of the Federal National Mortgage Association or of the Government National Mortgage Association established under the National Housing Act, as amended, bonds of any federal home loan bank established under that act, bonds, debentures and other obligations of the Federal Home Loan Mortgage Corporation established under the Emergency Home Finance Act of 1970, and obligations of the Tennessee Valley Authority.

(g) Notes, tax anticipation warrants or other evidence of indebtedness issued pursuant to Article 7 (commencing with Section 53820), Article 7.5 (commencing with Section 53840) or Article 7.6 (commencing with Section 53850) of this Chapter 4.

(h) State of California notes.

(i) Bonds, notes, certificates of indebtedness, warrants or other obligations issued by: (1) any state of the United States (except this state), or the Commonwealth of Puerto Rico, or any local agency thereof having the power to levy taxes, without limit as to rate or amount, to pay the principal and interest of such obligations, or (2) any state of the United States (except this state), or the Commonwealth of Puerto Rico, or a department, board, agency or authority thereof except bonds which provide for or are issued pursuant to a law which may contemplate a subsequent legislative appropriation as an assurance of the continued operation and solvency of the department, board, agency or authority but which does not constitute a valid and binding obligation for which the full faith and credit of such state or the Commonwealth of Puerto Rico are pledged, which are payable solely out of the revenues from a revenue-producing source owned, controlled or operated thereby; provided the obligations issued by an entity described in (1), above, are rated in one of the three highest grades, and such obligations issued by an entity described in (2), above, are rated in one of the two highest grades by a nationally recognized investment service organization that has been engaged regularly in rating state and municipal issues for a period of not less than five years.

(j) Obligations issued, assumed or guaranteed by the International Bank for Reconstruction and Development, Inter-American Development Bank, the Government Development Bank of Puerto Rico, the Asian Development Bank, the International Finance Corporation, or the African Development Bank.

(k) Participation certificates of the Export-Import Bank of the United States.

(l) Bonds and notes of the California Housing Finance Agency issued pursuant to Chapter 7 (commencing with Section 51350) of Part 3 of Division 31 of the Health and Safety Code.

(m) Promissory notes secured by first mortgages and first trust deeds which comply with Section 53651.2.

(n) Any bonds, notes, warrants, or other evidences of indebtedness of a nonprofit corporation issued to finance the construction of a school building or school buildings pursuant to a lease or agreement with a school district entered into in compliance with the provisions of Section 39315 or 81345 of the Education Code, and also any bonds, notes, warrants or other evidences of indebtedness issued to refinance those bonds, notes, warrants, or other evidences of indebtedness as specified in Section 39317 of the Education Code.

(o) Any municipal securities, as defined by Section 3(a)(29) of the Securities Exchange Act of June 6, 1934, (15 U.S.C. Sec. 78, as amended), which are issued by this state or any local agency thereof.

(p) With the consent of the treasurer, letters of credit issued by the Federal Home Loan Bank of San Francisco which comply with Section 53651.6.

(q) Equity, loans, debt securities, bond anticipation notes, or other obligations of the California Infrastructure and Economic Development Bank.

SEC. 13.

Section 63010 of the Government Code is amended to read:

63010.

For purposes of this division, the following words and terms shall have the following meanings unless the context clearly indicates or requires another or different meaning or intent:

(a) “Act” means the Bergeson-Peace Infrastructure and Economic Development Bank Act.

(b) “Bank” means the California Infrastructure and Economic Development Bank.

(d) “Bond purchase agreement” means a contractual agreement executed between the bank and a sponsor, or a special purpose trust authorized by the bank or a sponsor, or both, whereby the bank or special purpose trust authorized by the bank agrees to purchase bonds of the sponsor for retention or sale.

(e) “Bonds” means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond, revenue, tax, or grant anticipation notes; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for federal income taxation purposes.

(f) “Commission” means the Infrastructure and Economic Development Bank Commission.
~~(f)~~

(g) “Cost,” as applied to a project or portion thereof financed under this division, means all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, licenses, 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 the buildings or structures may be moved; the cost of all machinery, equipment, and financing charges; interest prior to, during, and for a period after completion of construction, renovation, or acquisition, as determined by the bank; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project, and transition costs in the case of an electrical corporation.

~~(g)~~

(h) “Economic development facilities” means real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all facilities or infrastructure necessary or desirable in connection therewith, including provision for working capital, but shall not include any housing.

~~(h)~~

(i) “Electrical corporation” has the meaning set forth in Section 218 of the Public Utilities Code.

~~(i)~~

(j) “Executive director” means the Executive Director of the California Infrastructure and Economic Development Bank appointed pursuant to Section 63021.

~~(j)~~

(k) “Financial assistance” in connection with a project, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the bank or special purpose trust, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board or the sponsor, or both; the purchase or retention of bank bonds, the bonds of a sponsor for their retention or for sale by the bank, or the issuance of bank bonds or the bonds of a special purpose trust used to fund the cost of a project for which a sponsor is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by Section 63025.1; bonds for which the bank has provided a guarantee or enhancement, including, but not limited to, the purchase of the subordinated bonds of the sponsor, the subordinated bonds of a special purpose trust, or the retention of the subordinated bonds of the bank pursuant to Chapter 4 (commencing with Section 63060); or any other type of assistance deemed appropriate by the bank or the sponsor, except that no direct loans shall be made to nonpublic entities other than in connection with the issuance of rate reduction bonds pursuant to a financing order or in connection with a financing for an economic development facility.

For purposes of this subdivision, “grant” does not include grants made by the bank except when acting as an agent or intermediary for the distribution or packaging of financing available from federal, private, or other public sources.

~~(k)~~

(l) “Financing order” has the meaning set forth in Section 840 of the Public Utilities Code.

~~(l)~~

(m) “Guarantee trust fund” means the California Infrastructure Guarantee Trust Fund.

~~(m)~~

(n) “Infrastructure bank fund” means the California Infrastructure and Economic Development Bank Fund.

~~(n)~~

(o) “Loan agreement” means a contractual agreement executed between the bank or a special purpose trust and a sponsor that provides that the bank or special purpose trust will loan funds to the sponsor and that the sponsor will repay the principal and pay the interest and redemption premium, if any, on the loan.

~~(o)~~

(p) “Participating party” means any person, company, corporation, association, state, or municipal governmental entity, partnership, firm, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financing from the bank in conjunction with a sponsor for the purpose of implementing a project. However, in the case of a project relating to the financing of transition costs or the acquisition of transition property, or both, on the request of an electrical corporation, or in connection with financing for an economic development facility, or for the financing of insurance claims, the participating party shall be deemed to be the same entity as the sponsor for the financing.

~~(p)~~

(q) “Project” means designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing public development facilities or economic development facilities within the state or financing transition costs or the acquisition of transition property, or both, upon approval of a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code.

~~(q)~~

(r) “Public development facilities” means real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, that are directly related to providing the following:

(1) “City streets” including any street, avenue, boulevard, road, parkway, drive, or other way that is any of the following:

(A) An existing municipal roadway.

(B) Is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof.

(2) “County highways” including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof.

(3) “Drainage, water supply, and flood control” including, but not limited to, ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of floodplain areas and all equipment used in the maintenance and operation of the foregoing.

(4) “Educational facilities” including libraries, ~~child care~~ childcare facilities, including, but not limited to, ~~day care~~ daycare facilities, and employment training facilities.

(5) “Environmental mitigation measures” including required construction or modification of public infrastructure and purchase and installation of pollution control and noise abatement equipment.

(6) “Parks and recreational facilities” including local parks, recreational property and equipment, parkways, and property.

(7) “Port facilities” including airports, inland ports, landports, waterports, railports, docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith, that transport goods or persons.

(8) “Power and communications” including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service.

(9) “Public transit” including air and rail transport, airports, guideways, vehicles, rights-of-way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, and equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis.

(10) “Sewage collection and treatment” including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing.

(11) “Solid waste collection and disposal” including vehicles, vehicle-compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin.

(12) “Water treatment and distribution” including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use.

(13) “Defense conversion” including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan.

(14) “Public safety facilities” including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities.

(15) “State highways” including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway.

(16) (A) “Military infrastructure,” including, but not limited to, facilities on or near a military installation, that enhance the military operations and mission of one or more military installations in this state. To be eligible for funding, the project shall be endorsed by the Office of Planning and Research.

(B) For purposes of this subdivision, “military installation” means any facility under the jurisdiction of the Department of Defense, as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.

(17) “Goods movement-related infrastructure” including port facilities, roads, rail, and other facilities and projects that move goods, energy, and information.

(18) “Housing-related infrastructure” including city streets; drainage, water supply, and flood control; environmental mitigation measures; power and communications; public transit improvement that directly supports transit-oriented housing; sewage collection and treatment; and water treatment and distribution.

~~(r)~~

(s) “Rate reduction bonds” has the meaning set forth in Section 840 of the Public Utilities Code.

~~(s)~~

(t) “Revenues” means all receipts, purchase payments, loan repayments, lease payments, and all other income or receipts derived by the bank or a sponsor from the sale, lease, or other financing arrangement undertaken by the bank, a sponsor, or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the bank or a sponsor and any receipts derived from transition property. Revenues shall not include moneys in the General Fund of the state.

~~(t)~~

(u) “Special purpose trust” means a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity authorized under the laws of the state to serve as an instrumentality of the state to accomplish public purposes and authorized by the bank to acquire, by purchase or otherwise, for retention or sale, the bonds of a sponsor or of the bank made or entered into pursuant to this division and to issue special purpose trust bonds or other obligations secured by these bonds or other sources of public or private revenues. Special purpose trust also means any entity authorized by the bank to acquire transition property or to issue rate reduction bonds, or both, subject to the approvals by the bank and powers of the bank as are provided by the bank in its resolution authorizing the entity to issue rate reduction bonds.

~~(u)~~

(v) “Sponsor” means any subdivision of the state or local government including departments, agencies, commissions, cities, counties, nonprofit corporations formed on behalf of a sponsor, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that makes an application to the bank for financial assistance in connection with a project in a manner prescribed by the bank. This definition shall not be construed to require that an applicant have an ownership interest in the project. In addition, an electrical corporation shall be deemed to be the sponsor as well as the participating party for any project relating to the financing of transition costs and the acquisition of transition property on the request of the electrical corporation and any person, company, corporation, partnership, firm, or other entity or group engaged in business or operation within the state that applies for financing of any economic development facility, shall be deemed to be the sponsor as well as the participating party for the project relating to the financing of that economic development facility.

~~(v)~~

(w) “State” means the State of California.

~~(w)~~

(x) “Transition costs” has the meaning set forth in Section 840 of the Public Utilities Code.

~~(x)~~

(y) “Transition property” has the meaning set forth in Section 840 of the Public Utilities Code.

SEC. 14.

Section 63021 of the Government Code is amended to read:

63021.

(a) There is within ~~the Governor’s Office of Business and Economic Development~~ state government the Infrastructure and Economic Development Bank ~~which~~ that shall be responsible for administering this division. The bank shall be under the supervision of the Infrastructure and Economic Development Bank Commission established pursuant to Section 63021.1.

(b)The bank shall be under the direction of an executive director appointed by the Governor, and who shall serve at the pleasure of the Governor. The appointment shall be subject to confirmation by the Senate.
(b) (1) (A) The bank shall be governed and its corporate power exercised by a board of directors, consisting of nine voting members and two nonvoting members. The voting members identified in subparagraph (C) shall be appointed by the Infrastructure and Economic Development Bank Commission and serve staggered terms, pursuant to subparagraph (F), at the pleasure of the commission.
(B) The Lieutenant Governor, or that person’s designee, shall serve as the chairperson and shall be a voting member.
(C) The other voting members shall consist of all of the following:
(i) Three banking professionals, all of whom shall have experience in community development finance or at a local financial institution.
(ii) One county treasurer.
(iii) Four experts in affordable housing financing or policy, organized labor, environmental justice, racial justice, climate change mitigation, microenterprise lending, or employee-owned business.
(D) The two nonvoting members shall be the Director of Finance, or that person’s designee, and the Director of the Governor’s Office of Business and Economic Development, or that person’s designee.
(E) Five voting members shall constitute a quorum, and the affirmative vote of five voting members shall be necessary for the board to take any action.
(F) The voting members shall serve four-year terms, which may be renewed and shall be staggered with no more than two directors appointed each year, except for the first year.
(2) A member of the board shall not participate in any bank action or attempt to influence any decision or recommendation by any employee of, or consultant to, the bank that involves a sponsor of which the member is a representative or in which the member or the immediate family of the member has a personal financial interest within the meaning of Section 87100. For purposes of this section, “immediate family” means the spouse, children, and parents of the member.
(3) (A) Except as provided in subparagraph (B), the members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for these expenses is not otherwise provided or payable by another public agency.
(B) Those board members not employed by another public agency shall receive two hundred fifty dollars ($250) for each full day of attending meetings of the board.
(c) The bank shall be under the direction of an executive director who shall be appointed by, and serve at the pleasure of, the board.

SEC. 15.

Section 63021.1 is added to the Government Code, to read:

63021.1.
(a) (1) There is hereby established the Infrastructure and Economic Development Bank Commission, which shall consist of the following members:
(A) The Governor or the Governor’s designee.
(B) The Treasurer or the Treasurer’s designee.
(C) The Controller or the Controller’s designee.
(2) If any person designated to serve on the commission pursuant to this subdivision is incapable of serving due to death or incapacity or by law, the Governor shall appoint a person to fill the vacancy.
(b) Three members of the commission shall constitute a quorum for the transaction of business.

SEC. 16.

Section 63021.2 is added to the Government Code, to read:

63021.2.
(a) The bank is hereby transferred from the Governor’s Office of Business and Economic Development to the Infrastructure and Economic Development Bank Commission.
(b) The executive director and the members of the board under the Governor’s Office of Business and Economic Development that were serving as of the operative date of the act adding this section shall remain in those positions and shall serve under the Infrastructure and Economic Development Bank Commission.
(c) The duties, powers, purposes, responsibilities, and jurisdiction of the bank under the Governor’s Office of Business and Economic Development that were in existence as of the operative date of the act adding this section shall remain with the bank under the Infrastructure and Economic Development Bank Commission.
(d) For the performance of the duties and the exercise of the powers vested in the bank under this division, the bank shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, that were, as of the operative date of the act adding this section, held for the benefit or use by the bank when the bank was formerly within the Governor’s Office of Business and Economic Development.
(e) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the Infrastructure and Economic Development Bank Commission by the act adding this section are transferred to the Infrastructure and Economic Development Bank Commission. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the commission.
(f) The Infrastructure and Economic Development Bank Commission shall succeed to all of the rights and property of the Governor’s Office of Business and Economic Development conferred by this division. The property of any office, agency, or other entity of state government related to functions transferred to the Infrastructure and Economic Development Bank Commission is transferred by the act adding this section to the Infrastructure and Economic Development Bank Commission. If any doubt arises as to whether that property is transferred, the Department of General Services shall determine whether the property is transferred.
(g) All unencumbered balances of appropriations and other funds that were previously available for use in connection with any function or the administration of this division by the Governor’s Office of Business and Economic Development shall be transferred to the Infrastructure and Economic Development Bank Commission for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to whether any funds are required to be transferred pursuant to this subdivision, the Department of Finance shall determine whether the transfer is required.
(h) The Infrastructure and Economic Development Bank Commission is subject to all the debts and liabilities of the Governor’s Office of Business and Economic Development pursuant to this division as if the Infrastructure and Economic Development Bank Commission had incurred them.
(i) Any reference to the Governor’s Office of Business and Economic Development in this division, other than in this section, shall be deemed to instead refer to the Infrastructure and Economic Development Bank Commission.

SEC. 17.

Section 63021.3 is added to the Government Code, to read:

63021.3.
(a) (1) On or before January 1, 2021, the executive director shall prepare, or cause to be prepared, a proposed projected five-year budget detailing the costs expected to be incurred during that period due to the transfer of the bank from the Governor’s Office of Business and Economic Development to the Infrastructure and Economic Development Bank Commission, pursuant to Section 63021.2, and the operation of the bank as a depository institution, pursuant to Section 63025.10.
(2) Upon completion of the proposed projected five-year budget pursuant to subdivision (a), the executive director shall submit the proposed projected five-year budget to the board, which shall review and may amend the proposed projected five-year budget, for approval. Upon approval by the board, the executive director shall submit the final projected five-year budget to the Legislature and provide a copy to the fiscal committees of each house of the Legislature.
(b) (1) No later than January 1, 2022, and in order to facilitate the transition of the bank from the Governor’s Office of Business and Economic Development to the Infrastructure and Economic Development Bank Commission, pursuant to Section 63021.2, and the operation of the bank as a depository institution, pursuant to Section 63025.10, the executive director shall do all of the following:
(A) Develop the proposed projected five-year budget required by subdivision (a).
(B) Develop a standard form to be used to apply for a deposit account pursuant to subdivision (b) of Section 63025.10.
(C) Seek to have the bank become a state member bank of the Federal Reserve System pursuant to paragraph (1) of subdivision (c) of Section 63025.10.
(D) Develop a handbook for internal use by bank staff regarding the responsibilities and requirements applicable to the bank, including any applicable regulations and fiduciary rules, in its capacity as a state member bank of the Federal Reserve System.
(2) In carrying out the duties under this section, the executive director shall employ as necessary professional staff or consultants with expertise in the regulatory and other policy practices of the Federal Reserve System to assist in those activities described in paragraph (1).

SEC. 18.

Section 63021.5 of the Government Code is repealed.

63021.5.
~~(a)The bank shall be governed and its corporate power exercised by a board of directors that shall consist of the following persons:~~
~~(1)The Director of Finance or his or her designee.~~
~~(2)The Treasurer or his or her designee.~~
~~(3)The Director of the Governor’s Office of Business and Economic Development or his or her designee, who shall serve as chair of the board.~~
~~(4)An appointee of the Governor.~~
~~(5)The Secretary of Transportation or his or her designee.~~
~~(b)Any designated director shall serve at the pleasure of the designating power.~~
~~(c)Three of the members shall constitute a quorum and the affirmative vote of three board members shall be necessary for any action to be taken by the board.~~
(d)A member of the board shall not participate in any bank action or attempt to influence any decision or recommendation by any employee of, or consultant to, the bank that involves a sponsor of which he or she is a representative or in which the member or a member of his or her immediate family has a personal financial interest within the meaning of Section 87100. For purposes of this section, “immediate family” means the spouse, children, and parents of the member.
(e)Except as provided in this subdivision, the members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for these expenses is not otherwise provided or payable by another public agency, and shall receive one hundred dollars ($100) for each full day of attending meetings of the authority.

SEC. 19.

Section 63025.1 of the Government Code is amended to read:

63025.1.

The bank board may do ~~or delegate the following to the executive director:~~ all of the following:

(a) Sue and be sued in its own name.

(b) As provided in Chapter 5 (commencing with Section 63070), issue bonds and authorize special purpose trusts to issue bonds, including, at the option of the board, bonds bearing interest that is taxable for the purpose of federal income taxation, or borrow money to pay all or any part of the cost of any project, or to otherwise carry out the purposes of this division.

(c) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this division.

(d) Employ attorneys, financial consultants, and other advisers as may, in the bank’s judgment, be necessary in connection with the issuance and sale, or authorization of special purpose trusts for the issuance and sale, of any bonds, notwithstanding Sections 11042 and 11043.

(e) Contract for engineering, architectural, accounting, or other services of appropriate state agencies as may, in its judgment, be necessary for the successful development of a project.

(f) Pay the reasonable costs of consulting engineers, architects, accountants, and construction, land use, recreation, and environmental experts employed by any sponsor or participating party if, in the bank’s judgment, those services are necessary for the successful development of a project.

(g) Acquire, take title to, and sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in lands that are located within the state, or transition property as the bank may deem necessary or convenient for the financing of the project, upon terms and conditions that it considers to be reasonable.

(h) Receive and accept from any source including, but not limited to, the federal government, the state, or any agency thereof, loans, contributions, or grants, in money, property, labor, or other things of value, for, or in aid of, a project, or any portion thereof.

(i) Make loans to any sponsor or participating party, either directly or by making a loan to a lending institution, in connection with the financing of a project in accordance with an agreement between the bank and the sponsor or a participating party, either as a sole lender or in participation with other lenders. However, no loan shall exceed the total cost of the project as determined by the sponsor or the participating party and approved by the bank.

(j) Make loans to any sponsor or participating party, either directly or by making a loan to a lending institution, in accordance with an agreement between the bank and the sponsor or participating party to refinance indebtedness incurred by the sponsor or participating party in connection with projects undertaken and completed prior to any agreement with the bank or expectation that the bank would provide financing, either as a sole lender or in participation with other lenders.

(k) Mortgage all or any portion of the bank’s interest in a project and the property on which any project is located, whether owned or thereafter acquired, including the granting of a security interest in any property, tangible or intangible.

(l) Assign or pledge all or any portion of the bank’s interests in transition property and the revenues therefrom, or assets, things of value, mortgages, deeds of trust, bonds, bond purchase agreements, loan agreements, indentures of mortgage or trust, or similar instruments, notes, and security interests in property, tangible or intangible and the revenues therefrom, of a sponsor or a participating party to which the bank has made loans, and the revenues therefrom, including payment or income from any interest owned or held by the bank, for the benefit of the holders of bonds.

(m) Make, receive, or serve as a conduit for the making of, or otherwise provide for, grants, contributions, guarantees, insurance, credit enhancements or liquidity facilities, or other financial enhancements to a sponsor or a participating party as financial assistance for a project.

(n) Lease the project being financed to a sponsor or a participating party, upon terms and conditions that the bank deems proper but shall not be leased at a loss; charge and collect rents therefor; terminate any lease upon the failure of the lessee to comply with any of the obligations thereof; include in any lease, if desired, provisions that the lessee shall have options to renew the lease for a period or periods, and at rents determined by the bank; purchase any or all of the project; or, upon payment of all the indebtedness incurred by the bank for the financing of the project, the bank may convey any or all of the project to the lessee or lessees.

(o) Charge and equitably apportion among sponsors and participating parties the bank’s administrative costs and expenses incurred in the exercise of the powers and duties conferred by this division.

(p) Issue, obtain, or aid in obtaining, from any department or agency of the United States, from other agencies of the state, or from any private company, any insurance or guarantee to, or for, the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to this division.

(q) Notwithstanding any other provision of this division, enter into any agreement, contract, or any other instrument with respect to any insurance or guarantee; accept payment in the manner and form as provided therein in the event of default by a sponsor or a participating party; and issue or assign any insurance or guarantee as security for the bank’s bonds.

(r) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary or convenient to, directly or indirectly, secure the bank’s bonds, the bonds issued by a special purpose trust, or a sponsor’s obligations to the bank or to a special purpose trust, including, but not limited to, bonds of a sponsor purchased by the bank or a special purpose trust for retention or sale, with funds or moneys that are legally available and that are due or payable to the sponsor by reason of any grant, allocation, apportionment or appropriation of the state or agencies thereof, to the extent that the Controller shall be the custodian at any time of these funds or moneys, or with funds or moneys that are or will be legally available to the sponsor, the bank, or the state or any agencies thereof by reason of any grant, allocation, apportionment, or appropriation of the federal government or agencies thereof; and in the event of written notice that the sponsor has not paid or is in default on its obligations to the bank or a special purpose trust, direct the Controller to withhold payment of those funds or moneys from the sponsor over which it is or will be custodian and to pay the same to the bank or special purpose trust or their assignee, or direct the state or any agencies thereof to which any grant, allocation, apportionment or appropriation of the federal government or agencies thereof is or will be legally available to pay the same upon receipt by the bank or special purpose trust or their assignee, until the default has been cured and the amounts then due and unpaid have been paid to the bank or special purpose trust or their assignee, or until arrangements satisfactory to the bank or special purpose trust have been made to cure the default.

(s) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary, convenient, or appropriate to carry out any power expressly given to the bank by this division, including, but not limited to, agreements for the sale of all or any part, including principal, interest, redemption rights or any other rights or obligations, of bonds of the bank or of a special purpose trust, liquidity agreements, contracts commonly known as interest rate swap agreements, forward payment conversion agreements, futures or contracts providing for payments based on levels of, or changes in, interest rates or currency exchange rates, or contracts to exchange cash-flows or a series of payments, or contracts, including options, puts or calls to hedge payments, rate, spread, currency exchange, or similar exposure, or any other financial instrument commonly known as a structured financial product.

(t) Purchase, with the proceeds of the bank’s bonds, transition property or bonds issued by, or for the benefit of, any sponsor in connection with a project, pursuant to a bond purchase agreement or otherwise. Bonds or transition property purchased pursuant to this division may be held by the bank, pledged or assigned by the bank, or sold to public or private purchasers at public or negotiated sale, in whole or in part, separately or together with other bonds issued by the bank, and notwithstanding any other provision of law, may be bought by the bank at private sale.

(u) Enter into purchase and sale agreements with all entities, public and private, including state and local government pension funds, with respect to the sale or purchase of bonds or transition property.

(v) Invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, in obligations that are authorized by law for the investment of trust funds in the custody of the Treasurer.

(w) Authorize a special purpose trust or trusts to purchase or retain, with the proceeds of the bonds of a special purpose trust, transition property or bonds issued by, or for the benefit of, any sponsor in connection with a project or issued by the bank or a special purpose trust, pursuant to a bond purchase agreement or otherwise. Bonds or transition property purchased pursuant to this title may be held by a special purpose entity, pledged or assigned by a special purpose entity, or sold to public or private purchasers at public or negotiated sale, in whole or in part, with or without structuring, subordination or credit enhancement, separately or together with other bonds issued by a special purpose trust, and notwithstanding any other provision of law, may be bought by the bank or by a special purpose trust at private sale.

(x) Approve the issuance of any bonds, notes, or other evidences of indebtedness by the Rural Economic Development Infrastructure Panel, established pursuant to Section 15373.7.

(y) Approve the issuance of rate reduction bonds by an entity other than the bank or a special purpose trust to acquire transition property upon approval of the transaction in a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code.

(z) Apply for and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value. The sources may include bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grant and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account.

(aa) Do all things necessary and convenient to carry out its purposes and exercise its powers, provided, however, that nothing herein shall be construed to authorize the bank to engage directly in the business of a manufacturing, industrial, real estate development, or nongovernmental service enterprise. Further, except as provided in Section 63025.10, the bank shall not be organized to accept deposits of money for time or demand deposits or to constitute a bank or trust company.

(ab) Collaborate with the Governor and the Treasurer to seek loan guarantees under the Municipal Liquidity Facility or other Federal facility pursuant to the federal CARES Act.
(ac) Consolidate any of the debt purchased by the bank into securities for resale on a secondary market for the purpose of creating liquidity for the bank and participant lenders and seek any necessary securities registrations or permits.

SEC. 20.

Section 63025.10 is added to the Government Code, to read:

63025.10.
(a) (1) Notwithstanding subdivision (aa) of Section 63025.1, the Department of Business Oversight shall charter the bank as a depository bank for the purpose of accepting deposits of public funds from any of the following:
(A) The Treasurer.
(i) Within one year of the date on which the bank is chartered as a depository bank, the Treasurer shall deposit at least 20 percent of the deposits in the State Treasury into the Treasurer’s account in the bank.
(ii) Within five years of the date on which the bank is chartered as a depository bank, the Treasurer shall deposit 100 percent of the deposits in the State Treasury into the Treasurer’s account in the bank.
(B) A state officer or employee having control over money belonging to or in the custody of the state.
(C) A local agency.
(D) A quasi-public nonprofit entity, upon the approval of the board pursuant to paragraph (1) of subdivision (b).
(2) On or before January 1, 2022, the Department of Business Oversight, consistent with its existing authority, shall adopt or amend any rule or regulation necessary to facilitate the organization of the bank as a depository bank for purposes of this section.
(b) (1) The Treasurer, a state officer or employee having control over money belonging to or in the custody of the state, including those moneys in the Pooled Money Investment Account or the Local Agency Investment Fund, or a local agency may establish a deposit account with the bank, under the terms and conditions established by the bank. A quasi-public nonprofit entity may establish a deposit account pursuant to this subdivision but only upon approval by the board consistent with the purposes of this section.
(2) Moneys deposited in a deposit account established pursuant to this subdivision shall not be subject to either of the following:
(A) Transfer or loan pursuant to Section 16310, 16312, or 16313.
(B) Impoundment or seizure by any state official or state agency.
(c) In carrying out its powers and duties under this section, the bank shall do all of the following:
(1) Seek to become a state member bank of the Federal Reserve System, as provided in Part 208 of Title 12 of the Code of Federal Regulations, and to open a master account with a Federal Reserve Bank.
(2) Seek to become a member of the Federal Home Loan Bank System, as provided in Part 1263 of Title 12 of the Code of Federal Regulations, and to open a master account with a Federal Home Loan Bank. Any account opened with a Federal Home Loan Bank pursuant to this paragraph shall be used primarily for short-term loan transactions to balance the accounts of the bank consistent with the fiduciary duty of the bank acting as a depository bank pursuant to this section and the requirements of subdivision (d).
(3) Employ experienced staff sufficient, in the bank’s judgment, to carry out the fiduciary duties of a depository bank, including daily balancing of deposit accounts established pursuant to subdivision (b) and obtaining short-term loans from the Federal Reserve, and for the purpose of evaluating and generating financing activity.
(d) The bank shall not engage in prohibited high-risk activities and shall make all reasonable efforts to insulate moneys in deposit accounts established pursuant to subdivision (b) from those prohibited high-risk activities by segregating those accounts from any collateralized pools.
(e) Any profits realized from the activities of the bank pursuant to this section shall be used for the following purposes, in order of priority:
(1) Payment of interest on deposits in all deposit accounts established pursuant to subdivision (b).
(2) Retention for use as capital reserves to expand the financing activities of the bank.
(3) Reversion to the General Fund.
(f) The bank may charge transaction fees, including origination and issuance fees, for services provided pursuant to this section, subject to the following:
(1) The amount of the fee shall not exceed the reasonable cost to the bank of performing the service rendered.
(2) The bank shall ensure that the amount of fees charged pursuant to this section are less than comparable fees charged by a private commercial bank.
(3) Any advance collection of fees pursuant to paragraph (4) of subdivision (c) shall be deducted from the principal of a loan issued consistent with this section.
(g) The bank may, but shall not be required to, obtain FDIC insurance.
(h) For purposes of this section:
(1) “Deposit account” means an account with the bank on which the account holder is permitted to make withdrawals from time to time in person by negotiable or transferable instrument, payment orders of withdrawal, telephone transfers, or other similar items for the purpose of making payments or transfers to third persons or others. The term includes both demand and time deposits.
(2) “Local agency” means a county, city, including a city and county, district, joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1), and any other subdivision of the state. “Local agency” specifically includes, but is not limited to, the joint powers authority known as “the Investment Trust of California” or “CalTRUST” and any retirement system established by a local agency.
(3) “Prohibited high-risk activities” means any activities, products, or financial instruments involved in facilitating the creation of credit across the global financial system but whose members or intermediaries are not subject to regulatory oversight. “Prohibited high-risk activities” includes any such bank-like products, as well as actions by regulated institutions engaged in unregulated activities, and contracts between two or more parties the value of which is based on an agreed-upon underlying financial asset, index, or security, such as commodities contracts, financial futures, derivatives, forward contracts, and options, but does not include bonds, currency-hedging, or credit-default swaps necessary to insure against interest rate issues concomitant to the provision of credit to public entities pursuant to this section.

SEC. 21.

Section 63035 of the Government Code is amended to read:

63035.

The bank shall, not later than November 1 of each year, submit to the ~~Governor~~ Governor, the Infrastructure and Economic Development Bank Commission, and the Legislature, pursuant to Section 9795, a report for the preceding fiscal year ending on June 30 containing information on the bank’s activities relating to the infrastructure bank fund and programs. The report shall include all of the following:

(a) (1) Information on the infrastructure bank fund, including, but not limited to, its present balance, moneys encumbered, moneys allocated, repayments, and other sources of revenues received during the fiscal year.

(2) Information on the impact of the activities funded by the infrastructure bank fund moneys, including, but not limited to, the number of jobs created and ~~retained,~~ retained and projected to be created and retained, the environmental impact that resulted, and economic value provided to the state.

(b) A specification of conduit and revenue bonds sold and interest rates thereon, including, but not limited to, the use of the bond proceeds.

(d) A report of revenues and expenditures for the preceding fiscal year, including all of the bank’s costs. The information provided pursuant to this subdivision shall include, but need not be limited to, both of the following:

(1) The amount and source of total bank revenues. Revenues shall be shown by main categories of revenues, including the General Fund, special funds, federal funds, interest earnings, fees collected, and bond proceeds, for each bank program.

(2) The amount and type of total bank expenditures. Expenditures shall be shown by major categories of expenditures, including loans provided, debt service payments, and program support costs, for each bank program.

(e) Information concerning deposit accounts pursuant to Section 63025.10, including the number of deposit accounts, the types of entities with deposit accounts, interest paid on deposit accounts, and the use and performance of the moneys in those deposit accounts.
~~(e)~~

(f) A projection of the bank’s needs and requirements for the coming year.

~~(f)~~

(g) Recommendations for changes in state and federal law necessary to meet the objectives of this division.

~~(g)~~

(h) The executive director shall post the report on the bank’s ~~Internet Web site.~~ internet website.

SEC. 22.

Section 63037 is added to the Government Code, to read:

63037.
The bank shall study the development and offering, directly or in partnership with participating lenders, of additional products, including, but not limited to, all of the following:
(a) Universal deferred payment bonds or “baby bonds.”
(b) Pension investments into green jobs, climate change mitigation and resilience, or renewable energy infrastructure.
(c) Investment accounts and products that facilitate impact investing by private investors and institutions, including pension funds, into unbanked and underbanked communities.
(d) Low-to-no-cost banking and payment services, either directly or in partnership with participating lenders, directed toward unbanked and underbanked communities.
(e) Alternative to payday or car title loans, either directly or in partnership with participating lenders, in the form of short-term secured and unsecured credit products.
(f) (1) Other financial services to meet an identified community need to be suggested by community input process, conducted annually, and presented at a public meeting of the Board of Directors.
(2) The community input process referenced in paragraph (1) shall include all of the following:
(A) Surveys of the community, participating lenders, target borrowers, and local agencies.
(B) A public report that includes a summary of findings and a plan to address the stated needs of the community.
(C) A period of public comment on the plan, including hearings and a written response from the bank.
(g) The community input process described in subdivision (f) shall not be required until one year after the bank receives its depository authority.

SEC. 23.

Section 63050 of the Government Code is amended to read:

63050.

(a) There is hereby created in the State Treasury the California Infrastructure and Economic Development Bank Fund for the purpose of implementing the objectives and provisions of this division. Within the fund there shall also be established a Sponsor Revenue Bond Account, a Participating Party Revenue Bond Account, a State Infrastructure Revolving Account, and additional accounts and subaccounts that the bank may establish from time to time.

(b) Notwithstanding Section 13340 and except as provided in subdivision (c), all moneys in the infrastructure bank fund are continuously appropriated without regard to fiscal years for the support of the bank and shall be available for expenditure for the purposes stated in this division.

(c) Moneys in the infrastructure bank fund shall be available for expenditure for general administration only upon appropriation by the Legislature. This subdivision shall not limit the authority of the bank to expend funds directly related to the servicing of approved debt. Moneys in the fund shall be available for the purpose of general administration of the authority only upon appropriation by the Legislature, but not more than 5 percent of any bond proceeds administered by the authority may be expended to cover the costs of issuance, as that terminology is defined under Section 147 (G) of the Internal Revenue Code.

(d)Notwithstanding any other provision of this division, not more than 15 percent of the financing annually approved by the executive director that utilizes state funds from the infrastructure bank fund may be expended upon educational facilities, environmental mitigation measures, and parks and recreational facilities.
~~(e)~~

(d) The executive director may transfer funds between the infrastructure bank fund and the guarantee trust fund when appropriate to accomplish the financing objectives of this division.

SEC. 24.

Section 63088.3 of the Government Code is amended to read:

63088.3.

Unless the context otherwise requires, the definitions in this section shall govern the construction of this chapter. The definitions provided in this section shall only apply to this chapter and not to any other chapter of this division.

(a) “Bank” means the California Infrastructure and Economic Development Bank.

(b) “Bank board” means the board of directors of the California Infrastructure and Economic Development Bank.

(d) “California Small Business Board” means the advisory board established pursuant to Section 14004.1 of the Corporations Code for the purpose of advising on issues and programs affecting small business.

(e) “California Small Business Finance Center” means the governmental unit within the bank, which is located within the Governor’s Office of Business and Economic Development, with the administrative responsibility for programs and activities authorized pursuant to Section 8684.2 of this code, Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, and this chapter.

(f) “Corporation” means any nonprofit California small business financial development corporation created pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, or pursuant to Chapter 1 (commencing with Section 32000) of Division 15.5 of the Financial Code. both of the following:

(1) A nonprofit California small business financial development corporation created pursuant to either Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code or pursuant to Chapter 1 (commencing with Section 32000) of Division 15.5 of the Financial Code.
(2) A financial institution.

(g) “Directives and requirements” means a document adopted by the bank board setting forth policy direction as well as key rules governing a particular subject area.

(h) “Executive director” means the executive director of the California Infrastructure and Economic Development Bank.

(i) “Expansion fund” means the California Small Business Expansion Fund authorized pursuant to Section 63089.5.

(j) “Financial company” means banking organizations, including national banks and trust companies, savings and loan associations, certified community development financial institutions, microbusiness lenders, state insurance companies, mutual insurance companies, and other public and private banking, lending, retirement, and insurance organizations.

(k) “Financial institution” means regulated banking organizations, including national banks and trust companies authorized to conduct business in California and state-chartered commercial banks, trust companies, credit unions, ~~and~~ savings and loan ~~associations.~~ associations, and other nonprofit certified community development financial institutions.

(l) “Financial product” means the type of financial assistance described in Section 63088.5, authorized by this chapter, or that the California Small Business Finance Center or a small business financial development corporation is otherwise authorized to provide.

(m) “Loan committee” means a committee appointed by the board of directors of a corporation to determine the course of action on a loan application pursuant to this chapter.

(n) “Microbusiness” means a for-profit or nonprofit borrower which employs 50 or fewer people or revenue under $2.5 million.
~~(n)~~

(o) “Microbusiness lender” means a microbusiness lender as defined in Section 13997.2.

(p) “Participating lender” means a certified community development financial institution (CDFI), bank, or credit union participating in a bank program.
(q) “Participation lending” means either of the following:
(1) Purchasing or selling an interest in a loan originated by or sold to a local financial institution.
(2) Originating, leading, or directing a loan transaction involving a financial institution pursuant to a written agreement with the local financial institution.
~~(o)~~

(r) “Program manager” means the manager of the California Small Business Finance Center as designated to this title by the executive director of the California Infrastructure and Economic Development Bank.

~~(p)~~

(s) “Small business loan” means a loan to a business defined as an eligible small business as set forth in Section 121.3-10 of Part 121 of Chapter 1 of Title 13 of the Code of Federal Regulations, including those businesses organized for agricultural purposes that create or retain employment as a result of the loan unless otherwise defined by the directives and requirements. Directives and requirements shall provide guidelines as to the preferred ratio of jobs created or retained to total funds borrowed for guidance to the corporations.

~~(q)~~

(t) “Trust fund” means the moneys from the expansion fund that is held in trust by a financial institution or financial company. A trust fund is not a deposit of state funds and is not subject to the requirements of Section 16506.

~~(r)~~

(u) “Trustee” means the lending institution or financial company selected by the bank board to hold and invest the trust funds, or selected by a predecessor agency to the bank, if applicable. An agreement made pursuant to this chapter and the trustee shall not be construed to be a deposit of state funds.

~~(s)~~

(v) “Trust fund account” means an account within the trust fund that is either allocated to a particular corporation or shared by multiple corporations for the purpose of paying loan defaults and claims on bond guarantees or other financial products and program uses provided in this chapter.

(w) “Wholesale lending” means granting a loan or extension of credit to a local financial institution.

SEC. 25.

Article 8.5 (commencing with Section 63089.85) is added to Chapter 6 of Division 1 of Title 6.7 of the Government Code, to read:

Article 8.5. Financing of Underserved and Disadvantaged Businesses
63089.85.
(a) The bank board shall establish lending and credit support programs with participating lenders.
(b) The bank board shall continue or expand the Small Business Finance Center to include all of the following:
(1) Loan guarantees under the Small Business Loan Guarantee Program.
(2) Issuing lines and letters of credit.
(3) Securitization.
(4) Bundling.
(5) Insurance.
(6) Conducting participation lending and wholesale lending.
(7) Offering subordinated debt on more favorable terms than comparable commercial debt with maturities of at least 15 years.
(8) Full or partial loan repurchases.
(9) Paragraphs (7) and (8) shall apply only to participating lenders that are CDFIs serving low-income communities, community development credit unions, and public banks.
(c) (1) At least 60 percent of the small business loan guarantees provided pursuant to paragraph (1) of subdivision (b) shall be applied to loans made to target borrowers.
(2) The bank shall guarantee 100 percent of a small business loan guaranteed pursuant to this subdivision that meets all of the following criteria:
(A) The loan has a maturity period that is not longer than six years.
(B) The loan is in an amount not greater than the lesser of the following:
(i) One hundred thousand dollars ($100,000).
(ii) An amount equivalent to six months of the borrower’s current expenses.
(C) The loan has a fixed interest rate that is less than the prime rate plus one percent.
(D) Payments on the loan are deferred for at least 12 months.
(E) A minimum credit score is not required to obtain the loan.
(F) The loan does not require a personal guarantee.
(G) The loan is not required to be secured by collateral.
(H) At the time the loan was originated, the borrower’s annual revenue did not exceed two million five hundred thousand dollars ($2,500,000).
(I) The borrower was not required to provide a social security number to complete the loan application.
(J) The borrower is a target borrower.
(3) As used in this subdivision, “target borrower” means a borrower that meets at least two of the following criteria:
(A) The borrower is a microbusiness.
(B) The borrower is located in a disadvantaged community, identified pursuant to Section 39711 of the Health and Safety Code, a rural area, or a tribal area.
(C) The borrower is a business of which at least 51 percent is owned by persons who:
(i) Lack a social security number.
(ii) Live in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(iii) Are low-income, women, indigenous, minority, immigrants, or formerly incarcerated.
(d) The bank board shall establish minimum standards for all participating lenders to ensure that no lender is using the bank’s programs for exclusionary, predatory, or extractive products, including standards with respect to all of the following:
(1) (A) An annual review of participating lenders that shall be subject to public comment.
(B) The list of participating lenders shall be subject to approval by the bank board.
(2) Maximum allowable fees for participating lenders.
(3) Maximum allowable loan spreads for participating lenders.
(4) Maximum allowable annual percentage rate.

SEC. 26.

Section 63089.98 of the Government Code is amended to read:

63089.98.

(a) Annually, not later than January 1 of each year commencing January 1, 2014, and notwithstanding Section 10231.5, the program manager shall prepare and submit to the ~~Governor~~ Governor, the Infrastructure and Economic Development Bank Commission, the board, and the Legislature, pursuant to Section 9795, a report for the preceding fiscal year ending June 30, containing the expansion fund and trust fund financial product activity of each corporation, including all of the following:

(1) Direct loans, guarantees, and other financial products awarded and outstanding balances.

(2) Default and loss statistics.

(3) Employment data.

(4) Ethnicity and gender data of participating contractors and other entities, and experience of surety insurer participants in the bond guarantee program.

(5) Geographic distribution by city and county of the direct loans, guarantees, and other financial products awarded and outstanding at the close of the fiscal year.

(6) Significant events.

(b) The program manager shall post the report on the bank’s ~~Internet Web site.~~ internet website.

SEC. 27.

Chapter 7 (commencing with Section 63090) is added to Division 1 of Title 6.7 of the Government Code, to read:

CHAPTER 7. Financing of Local Governments
63090.
(a) The bank may purchase bond anticipation notes of local agencies and tribal governments.
(b) (1) The bank may purchase, underwrite, and act as broker-dealer for the placement of revenue bonds or general obligation bonds for local agencies and tribal governments.
(2) The activities described in paragraph (1) shall prioritize bonds issued for the purposes of funding affordable housing, school districts, social services, and publicly-owned infrastructure.
(c) The bank may directly lend and extend credit on more favorable terms than comparable commercial or public debt to a local agency or tribal government, including a public bank, as defined in Section 57600.
(d) On or before March 1, 2021, the bank shall create a bridge loan program for local agencies serving disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
63090.1.
The bank shall do all of the following:
(a) Provide technical assistance to local agency organizers to develop viability studies, business plans, and charter applications for public banks, as defined in Section 57600 of the Government Code.
(b) Develop loan facilities, extend credit, and provide financial services to public banks, as defined in Section 57600.
(c) Liaise with the Federal Reserve, federal Small Business Administration, and other Federal agencies on behalf of public banks, as defined in Section 57600.
(d) Develop a plan to create a network of public banks to pool risk, insurance, technology, compliance, and administrative capacity.
(e) The bank shall solicit feedback from local agencies and tribal governments to better address their needs.

SECTION 1.Section 219 of the Code of Civil Procedure is amended to read:
219.
~~(a)Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire.~~
(b)(1)Notwithstanding subdivision (a), a peace officer, as defined in Section 830.1, subdivision (a) of Section 830.2, or subdivision (a) of Section 830.33 of the Penal Code, shall not be selected for voir dire in civil or criminal matters.
~~(2)Notwithstanding subdivision (a), a peace officer, as defined in subdivision (b) or (c) of Section 830.2 of the Penal Code, shall not be selected for voir dire in criminal matters.~~
(3)Notwithstanding subdivision (a), a peace officer, as described in subdivision (a) or (b) of Section 830.5 of the Penal Code, who is employed by a probation department shall not be selected for voir dire in criminal matters. This paragraph shall remain in effect until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 219.1 is added to the Code of Civil Procedure, to read:
219.1.
(a)On or before January 1, 2023, the Judicial Council shall submit a report to the Legislature that addresses the impact of categorical exemptions to jury service, including the exemptions provided in subdivision (b) of Section 219. The report shall specifically discuss how these exemptions impact all of the following:
~~(1)Court administration.~~
~~(2)Diversity, including the cultural and professional backgrounds of the jury pool.~~
~~(3)Overall access to justice, including delays in trial scheduling and dismissals of last-day criminal trials.~~
(b)The Judicial Council may utilize representative surveys to generate the data necessary to complete the report required by this section, which it shall submit to the Legislature in compliance with Section 9795 of the Government Code.

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