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State
California
HNC Sec 1691-1698 Definitions (PORT INFRASTRUCTURE FINANCING - HARBORS AND PORTS)
)


HARBORS AND NAVIGATION CODE
SECTION 1691-1698





1691. The definitions in this article govern the construction of
this part.


1692. "Authority" means a joint powers entity or nonprofit public
benefit corporation created in accordance with Section 1700.



1693. "Bonds" means bonds, notes, bond anticipation notes,
commercial paper, or other evidences of indebtedness or lease,
installment sale, or other agreements or certificates of
participation therein.



1694. "Harbor agency" means any state or local agency, city,
county, city and county, harbor district, port district, harbor
improvement district, river port district, small craft harbor
district, or other public district, entity, board, commission, or
agency that operates a port or harbor in the State of California.




1695. "Infrastructure fund" means a port or harbor infrastructure
fund established by an authority pursuant to Section 1700.



1696. "Joint powers laws" means Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code.



1697. "Member" means any harbor agency that is party to an
agreement establishing an authority pursuant to Section 1700.



1698. (a) "Port or harbor infrastructure" means any of the
following, if its primary or predominant use is of direct benefit to
the port or harbor:
(1) Streets, roads, highways, bridges, sidewalks, curbs, gutters,
tunnels, subways, alleyways, viaducts, pipelines, rail lines, or
other facilities for the transportation or movement of people,
vehicles, equipment, or goods.
(2) Piers, docks, wharves, slips, quays, platforms, decks, cranes,
or other facilities for the mooring, docking, loading, or unloading
of vessels.
(3) Lands, tidelands, submerged lands, easements, port access
routes, channel improvements, rights-of-way, dredge disposal sites,
safety zones, breakwaters, levees, bulkheads, or walls of rock or
other material to protect property or traffic.
(4) Parking, warehouse, or storage facilities.
(5) Parks, recreation, or open space facilities.
(6) Remediation.
(7) Water, wastewater, drainage, electric, or telecommunication
systems or facilities.
(8) Buildings, structures, facilities, improvements, or equipment
necessary or convenient to any of paragraphs (1) to (9), inclusive,
or to the operation of a port or harbor.
(9) Public improvements authorized pursuant to the Improvement Act
of 1911 (Division 7 (commencing with Section 5000) of the Streets
and Highways Code), the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code), and
the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code).
(b) Any port or harbor infrastructure may be privately operated.
Except for any port or harbor infrastructure financed or subsidized
with public trust revenues, any privately owned port or harbor
infrastructure may be eligible in whole or in part for financing or
other support or subsidy from money deposited in the infrastructure
fund pursuant to subdivision (a) of Section 1701.
(c) If a port or harbor infrastructure financed wholly or partly
with public funds is privately owned and if the use for which the
port or harbor infrastructure was originally constructed changes or
is incompatible with the port authority's master plan, the private
owner shall pay the public agency the percentage of the full
appreciated value of the port or harbor infrastructure that was
originally financed with public funds.
(d) Any port or harbor infrastructure may be located within,
partly within and partly outside, or outside the boundaries of any
harbor agency.
(e) Any port or harbor infrastructure that has been purchased,
constructed, expanded, improved, or rehabilitated by the expenditure
or use of public trust revenues shall be held as an asset of the
trust in a share proportionate to the investment of public trust
revenues.