In my experience, bonds can support public art as long as the language of the bond has not specifically excluded public art and there is enabling legislation, i.e., a city has a public art requirement so the capital project has to comply unless the fund source excludes. Some capital bonds also place restrictions on the percent of funds for design and/or administration, and the art has to comply.

I have heard some have their legal require that public art is expressly acknowledged in the bond. It depends on who’s issuing the bond and for what in many cases.

That said, the other commonality I’ve seen in bonds is that it has to be incorporated physically to the capital project – so the funds can’t support temporary art for example. But something like a suspended ceiling sculpture is allowed. Again, that may be specific to the type of bond, however this is something your attorney could hopefully guide you on.

Jennifer A. Easton

Art Program Manager

BART Planning, Development + Construction

300 Lakeside Drive, 22nd fl

Oakland, CA 94612

510.874.7328