44515-44522

HEALTH AND SAFETY CODE
SECTION 44515-44522




44515.  There is in the state government the California Pollution
Control Financing Authority. The authority constitutes a public
instrumentality and a political subdivision of the State of
California, and the exercise by the authority of the powers conferred
by this division shall be deemed and held to be the performance of
an essential public function. The authority shall consist of three
members: the Director of Finance, the State Treasurer, and the State
Controller.
   The Director of Finance may designate a deputy or other official
in the Department of Finance to act for him or her and represent him
or her at all meetings of the authority.
   The first meeting of the authority shall be convened by the
Director of Finance.



44516.  All members of the authority shall serve thereon without
compensation as members of the authority.



44517.  The authority shall have and is hereby vested with all
powers reasonably necessary to carry out the powers and
responsibilities expressly granted or imposed upon it under this
division.



44518.  The authority shall maintain an office in the City of
Sacramento.


44519.  The authority may employ an executive director and any other
persons as are necessary to enable it properly to perform the duties
imposed upon it by this division. The authority may, by resolution,
delegate to one or more of its members, its executive director, or
any other official or employee of the authority any powers and duties
that it may deem proper, including, but not limited to, the power to
enter into contracts on behalf of the authority.



44520.  (a) The authority shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt all necessary rules and regulations to
carry out its powers and duties under this division. The authority
may call upon any board or department of the state government for aid
and assistance in the preparation of plans and specifications and in
the development of technology necessary to effectively control
pollution.
   (b) Notwithstanding subdivision (a), the authority, or any other
agency implementing a small business or brownfield site financing
assistance program pursuant to an interagency agreement with the
authority, may adopt regulations relating to small business or
brownfield site financing as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. For purposes of that Chapter 3.5,
including Section 11349.6 of the Government Code, the adoption of the
regulations shall be considered by the Office of Administrative Law
to be necessary for the immediate preservation of the public peace,
health and safety, and general welfare. The regulations shall be
repealed 180 days after their effective date, unless the adopting
authority or agency complies with that Chapter 3.5.
   (c) Notwithstanding subdivision (a), the authority, or any other
agency implementing a loan program pursuant to an interagency
agreement with the authority, may adopt regulations relating to the
loans and grants authorized under subdivision (g) of Section 44526 as
emergency regulations in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. For purposes of that Chapter 3.5, including Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. The regulations shall be repealed 180
days after their effective date, unless the adopting authority or
agency complies with that Chapter 3.5.



44521.  (a) The Attorney General shall be the legal counsel for the
authority, but with the approval of the Attorney General, the
authority may employ such legal counsel as in its judgment is
necessary or advisable to enable it to carry out the duties and
functions imposed upon it by this division, including the employment
of such bond counsel as may be deemed advisable in connection with
the issuance and sale of bonds.
   (b) The State Treasurer shall be the treasurer for the authority.




44522.  The authority is authorized and empowered:
   (a) To adopt an official seal.
   (b) To sue and be sued in its own name.
   (c) To do all things generally necessary or convenient to carry
out its powers and the purposes under this division.
   (d) To make temporary loans from those funds set aside for its
administrative costs to state financing authorities or advisory
commissions created by a statute which takes effect on or after
January 1, 1981, and which designates the State Treasurer as the
chairperson, such loans to be returned with interest as specified by
Section 16314 of the Government Code.