California Government Code

§ 5977

GOV § 5977 Effective Jan 1, 2016Div. 6 · Title 1 · Ch. 15

Statute text

(a)The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences.

(b)The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term.

(c)The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing.

…

Legislative history

Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.