§ 23010. — 23010. (Amended by Stats. 2020, Ch. 371, Sec. 14.)

California § 23010.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 3.: DIVISION 1. COUNTIES GENERALLY
• Ch. 1.: CHAPTER 1. General

Text

(a)
Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to any community services district, county waterworks district, mosquito abatement district, pest abatement district, fire protection district, flood control and water conservation district, recreation and park district, resource conservation district, regional park district, regional park and open-space district, regional open-space district, resort improvement district, or public cemetery district located wholly within the county, if its funds are or when available will be in the custody of the county or any officer of the county, in order to enable the district to perform its functions and meet
its obligations. The loan shall not exceed 85 percent of the district’s anticipated revenue for the fiscal year in which it is made or for the next ensuing fiscal year, and shall be repaid out of that revenue before the payment of any other obligation of the district.
(b)
(1)
Pursuant to a resolution adopted by its board of supervisors, a county may loan any of its available funds to a special district, in order to enable the district to perform its functions and meet its obligations. The loan shall not exceed 85 percent of the special district’s anticipated property tax revenue projected to be generated for the fiscal year in which it is made or for the next ensuing fiscal year within that portion of the district’s territory that is located within the county. The loan shall be repaid out of any available revenue of the special
district before the payment of any other obligation of the district.
(2)
For purposes of this subdivision, “special district” means a special district, as defined in Section 54775, that is located in more than one county.
(c)
(1)
The board of supervisors may borrow funds from the county or from other garbage disposal districts, not to exceed 85 percent of the district’s anticipated revenue for the fiscal year in which they are borrowed or for the next ensuing fiscal year. In levying taxes or prescribing and collecting fees or charges as authorized by this division, the board of supervisors may raise sufficient revenues to repay the loans.
(2)
The board of supervisors may lend available district funds
to another garbage disposal district, subject to the terms and conditions set forth in this section.
(3)
Nothing contained in this section shall prohibit the board of supervisors from borrowing funds from banks or other financial institutions when the best interests of the district are served thereby.
(d)
Notwithstanding any other law, funds, when borrowed by a garbage disposal district pursuant to subdivision (c), shall forthwith increase the appropriations of the district for which they are needed. The governing body of the entity from which the funds are borrowed may specify the date and manner in which the funds shall be repaid. The loan shall not exceed 85 percent of the district’s anticipated revenue for the fiscal year in which it is made or for the next
ensuing fiscal year, and shall be repaid out of that revenue before the payment of any other obligation of the district.
(e)
The district shall pay interest on all funds borrowed from the county at the same rate that the county applies to funds of the district on deposit with the county.

Legislative History

Amended by Stats. 2020, Ch. 371, Sec. 14. (SB 1473) Effective January 1, 2021.