LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeHealth and Safety CodeDiv. 24Pt. 1Ch. 6Art. 7§ 33688 Local Agency Bond Financing

§ 33688 Local Agency Bond Financing

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 33688 Local Agency Bond Financing

Key Takeaways

  • •This law lets big groups of local governments (like cities or counties) work together to borrow money by selling bonds.
  • •The borrowed money can be used to help pay for important things like fixing roads or schools, but only if the local government agrees to pay it back.
  • •If the local government can't pay back the loan on time, the money they get from property taxes will be used to cover the missed payment.
  • •The loan must be paid back before anything else, even if the local government has other bills to pay.

Example

Imagine your city needs to fix a big pothole on Main Street, but they don’t have enough money right now. They can team up with other cities and borrow money by selling bonds. This is like taking out a loan to fix the road now and paying it back later.

The city agrees to pay back the loan using money from property taxes. If they miss a payment, the county will automatically take the money from the property taxes to pay the loan. This way, the road gets fixed, and the loan gets paid back over time.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 33688 Local Agency Bond Financing

(a) For purposes of this section, an “authorized issuer” is limited to a joint powers entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code that consists of no less than 100 local agencies issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1984 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) An authorized issuer may issue bonds, notes, or other evidence of indebtedness to provide net proceeds to make one or more loans to one or more agencies to be used by the agency to timely make the payment required by Section 33685, 33690, or 33690.5. (c) With the prior approval of the legislative body by adoption of a resolution by a majority of that body that recites that a first lien on the property tax revenues allocated to the legislative body will be created in accordance with subdivision (h), an agency may enter into an agreement with an authorized issuer issuing bonds pursuant to subdivision (b) to repay a loan used to make the payment required by Section 33685, 33690, or 33690.5. For the purpose of calculating the amount that has been divided and allocated to the agency to determine whether the limitation adopted pursuant to Section 33333.2 or 33333.4 or pursuant to an agreement or court order that has been reached, any funds used to repay a loan entered into pursuant to this section shall be deducted from the amount of property tax revenue deemed to have been received by the agency. (d) A loan made pursuant to this section shall be repayable by the agency from any available funds of the agency not otherwise obligated for other uses and shall be repayable by the agency on a basis subordinate to all existing and future obligations of the agency. (e) Upon making a loan to an agency pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall timely pay, on behalf of the agency, to the county auditor of the county in which the agency is located the net proceeds (after payment of costs of issuance, credit enhancement costs, and reserves, if any) of the loan in payment in full or in part, as directed by the agency, of the amount required to be paid by the agency pursuant to Section 33685, 33690, or 33690.5 and shall provide the county auditor with the repayment schedule for the loan, together with the name of the trustee. (f) In the event the agency shall fail to repay timely, at any time and from time to time, the loan in accordance with the schedule provided to the county auditor, the trustee for the bonds shall promptly notify the county auditor of the amount of the payment on the loan that is past due. (g) The county auditor shall reallocate from the legislative body and shall pay, on behalf of the agency, the past due amount from the first available proceeds of the property tax allocation that would otherwise be transferred to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This transfer shall be deemed a reallocation of the property tax revenue from the legislative body to the agency for the purpose of payment of the loan, and not as a payment by the legislative body on the loan. (h) To secure repayment of a loan to an agency made pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall have a lien on the property tax revenues allocated to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This lien shall arise by operation of this section automatically upon the making of the loan without the need for any action on the part of any person. This lien shall be valid, binding, perfected, and enforceable against the legislative body, its successors, creditors, purchasers, and all others asserting rights in those property tax revenues, irrespective of whether those persons have notice of the lien, irrespective of the fact that the property tax revenues subject to the lien may be commingled with other property, and without the need for physical delivery, recordation, public notice, or any other act. This lien shall be a first priority lien on these property tax revenues. This lien shall not apply to any portion of the property taxes allocated to the agency pursuant to Section 33670. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 5. (AB 26 4x) Effective October 23, 2009.)

Last verified: January 23, 2026

Key Terms

agreementauthorized issuerpartnershipadoptionresolutionpropertylienclaim

Related Statutes

  • § 33681.15 Redevelopment Agency Bond Financing
  • § 5474 Sewer Connection Fee Authority
  • § 33641.5 Redevelopment Agency Pledge Rules
  • § 33652 Agency Revenue And Property Restrictions
  • § 33689 Property Tax Allocation Adjustment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 33688.
View Official Source