Water Code — Part 45 | WAT — United States — California law | Esheria

Water Code

Part 45 of 51 · provisions 8,801–9,000

This section says the act is called the Water Code.

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

Showing 200 of 10,024

  1. 79149.16.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    No more than 3% of the money deposited in the subaccount may be used for the listed purposes.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.16. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay for both of the following: (a) To pay the costs incurred in connection with the administration of this article. (b) For the purposes of Section 79149.14. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  2. 79149.2.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The section creates the Seawater Intrusion Control Subaccount, transfers $25 million into it, and continuously appropriates that money to the board for specified loans and article administration.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.2. (a) There is hereby created in the account the Seawater Intrusion Control Subaccount. The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the board for loans to local agencies to carry out eligible seawater intrusion control projects and for the purposes described in this article and for the administration of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  3. 79149.3.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    Certain remaining and later-deposited funds in the Seawater Intrusion Control Subaccount must be moved into the subaccount for this article, and repaid loan money must also be deposited there.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.3. Unallocated funds remaining in the Seawater Intrusion Control Subaccount in the Clean Water and Water Recycling Account in the Safe, Clean, Reliable Water Supply Fund on March 8, 2000, and any funds deposited into that subaccount after that date, shall be transferred to, and all money repaid to the state pursuant to any loan contract executed under Article 6 (commencing with Section 78648) of Chapter 5 of Division 24 shall be deposited in, the subaccount for the purposes of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  4. 79149.4.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The board may enter into contracts to make loans to local agencies for the purposes stated in this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.4. The board may enter into contracts to make loans to local agencies for the purposes set forth in this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  5. 79149.6.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    Loan contracts under Section 79149.4 may include board-determined provisions and must include an estimate of project cost and the local agency’s agreement to complete the project and cover its share of costs, including loan principal and interest.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.6. Any contract for a loan entered into pursuant to Section 79149.4 may include those provisions determined by the board to be necessary for the purposes of this article and shall include both of the following provisions: (a) An estimate of the reasonable cost of the eligible seawater intrusion control project. (b) An agreement by the local agency to proceed expeditiously with, and complete, the eligible seawater intrusion control project, commence operation of the project in accordance with applicable provisions of law, and provide for the payment of the local agency’s share of the cost of the project, including the principal of, and interest on, the loan. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  6. 79149.8.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

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    This section limits loan terms and loan contract terms for seawater intrusion control financing, and lets the board make loans covering up to 100% of eligible project costs.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 7. Clean Water and Water Recycling Program [79105 - 79149.16] ( Chapter 7 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [79149 - 79149.16] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79149.8. (a) A contract for a loan may not provide for a moratorium on the payment of the principal of, or interest on, the loan. (b) Any loan made pursuant to Section 79149.4 shall be for a period not to exceed 20 years. (c) The board may enter into a contract for a loan amount that equals up to 100 percent of the total eligible cost of design and construction of an eligible seawater intrusion control project. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  7. 79150.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Findings and Declarations [79150- 79150.] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The Legislature finds that voluntary, cost-effective water conservation programs can help meet growing water demand, and that state participation in local water conservation projects is desirable.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Findings and Declarations [79150- 79150.] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79150. The Legislature finds and declares that: (a) Voluntary, cost-effective capital outlay water conservation programs can help meet the growing demand for clean and abundant water supplies throughout the state. (b) The participation of the state in the construction of local water conservation projects is desirable to further the effective management of the water resources of the state. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  8. 79151.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    This section defines key terms used in the Water Conservation Program chapter.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79151. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Account” means the Water Conservation Account created by Section 79152. (b) (1) “Water conservation program or project” means those feasible capital outlay measures undertaken to improve the efficiency of water use through projects, the benefits of which exceed the costs. (2) The programs include, but are not limited to, all of the following: (A) The lining or piping of ditches. (B) Improvements in water distribution system controls such as automated canal control, construction of small reservoirs within distribution systems that conserve water that has already been captured for use, and related physical improvements. (C) Tailwater pumpback recovery systems. (D) Major improvements to, or replacement of, deteriorated distribution systems to reduce leakage and maximize conservation. (E) Capital outlay features of agricultural water conservation programs identified in the “Memorandum of Understanding Regarding Efficient Agricultural Water Management Practices,” dated July 16, 1997, and endorsed by the Agricultural Water Management Council, and any amendments thereto. (c) “Economically disadvantaged area” means any area of the state for which both of the following statements apply: (1) A median household income that is less than forty thousand dollars ($40,000) based on the most recent federal census. (2) An annual average unemployment rate that is greater than 9 percent based on the most recent federal census. (d) (1) “Groundwater recharge facilities” means lands and facilities for artificial groundwater recharge through methods that include, but are not limited to, percolation using basins, pits, ditches, and furrows, modified streambeds, flooding, and well injection. For the purposes of this chapter, expenditures for “groundwater recharge facilities” include capital outlay expenditures to expand, renovate, or restructure land and facilities used for the purposes of groundwater recharge and to acquire additional land for recharge basins. (2) Groundwater recharge facilities may include any of the following: (A) Instream facilities for regulation of water levels, but not regulation of streamflow to accomplish diversion from the waterway. (B) Agency-owned facilities for extraction. (C) Conveyance facilities to convey water to the recharge site, including devices for flow regulation and measurement of recharge waters. (3) Any part or all of the project facilities, including the land under the facilities, may consist of separable features, or an appropriate share of multipurpose features, of a larger system, or both. (e) “Infrastructure rehabilitation project” means a project located in an economically disadvantaged area for the repair, replacement, restoration, or rehabilitation of an existing water distribution system that delivers water for domestic, municipal, or industrial uses, including pipelines, pump stations, valves, meters, reservoirs, and all other appurtenant water delivery facilities that result in the reduction or elimination of significant distribution system water losses or replace a failing system component that threatens the health, safety, welfare, and economy of areas relying on the water distribution system. (f) “Local agency” or “agency” means any city, county, city and county, district, joint powers authority, or other political subdivision of the state involved with water management. “Local agency” or “agency” also means a mutual water company. For purposes of this chapter, mutual water company means a nonprofit corporation organized for, or engaged in the business of, developing, distributing, supplying, or delivering water for irrigation or domestic use, or both, to its members or shareholders, at actual cost plus necessary expenses. (g) “Project” may include any of the following: (1) Water conservation project. (2) Groundwater recharge facilities. (3) Urban water conservation project. (4) Infrastructure rehabilitation project. (h) “Urban water conservation project” means capital outlay features of urban water conservation programs identified in the “Memorandum of Understanding Regarding Urban Water Conservation in California,” as amended on April 8, 1998, by the California Urban Water Conservation Council, and any amendments thereto. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  9. 79152.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The Water Conservation Account is created in the fund.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79152. The Water Conservation Account is hereby created in the fund. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  10. 79153.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    This section transfers $155 million from one fund to an account, and also directs certain remaining and repaid funds into the account for additional loans.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79153. (a) The sum of one hundred fifty-five million dollars ($155,000,000) is hereby transferred from the fund to the account for the purposes of this chapter. (b) Unallocated funds remaining in the Water Conservation and Groundwater Recharge Subaccount in the Water Supply Reliability Account in the Safe, Clean, Reliable Water Supply Fund on March 8, 2000, shall be transferred to, and all money repaid to the state pursuant to any loan contract executed under Article 3 (commencing with Section 78670) of Chapter 6 of Division 24 shall be deposited in, the account for the purposes of entering into additional loans under Article 3 (commencing with Section 79157) and Article 4 (commencing with Section 79161). (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  11. 79154.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    Loan agreements under this chapter may include department-determined provisions, and must include specific findings, repayment commitments, no-payment-deferral terms, and loan-term and interest-rate limits.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79154. (a) Any loan agreement entered into pursuant to this chapter may include provisions determined to be necessary by the department. (b) Any loan agreement pursuant to this chapter shall include all of the following: (1) A finding by the department that the agency has the ability to repay the loan, that the project is cost-effective, and that the project is feasible from an engineering or hydrologic standpoint, or both. (2) An agreement by the agency to proceed expeditiously with, and complete, the project in conformance with approved plans and specifications and to operate and maintain the project properly upon completion throughout the repayment period. (3) A provision that there shall be no moratorium on, or deferment of, payments of principal or interest. (4) (A) A loan period of not more than 20 years with an interest rate set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. (B) If the interest rate so determined is not a multiple of 1 percent, the interest rate shall be set at the next multiple of one-tenth of 1 percent. (C) The interest rate for each loan agreement shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  12. 79155.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    Grant agreements under this chapter may include provisions the department considers necessary, and they must include specified project justification and feasibility information.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79155. (a) Any grant agreement entered into pursuant to this chapter may include provisions determined to be necessary by the department. (b) Any grant agreement pursuant to this chapter shall include both of the following: (1) A determination by the department that the project is economically justified, and that the project is feasible. (2) An estimate of the reasonable cost and benefit of the project, including a feasibility report that sets forth the engineering and financial feasibility of the project, and shall include a description of the proposed facilities and their relation to other water-related facilities in the system service area. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  13. 79155.5.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    Regulations in Chapter 2.3 of Title 23, if in effect on March 8, 2000, may be used to carry out this chapter.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79155.5. Notwithstanding any other provision of law, regulations set forth in Chapter 2.3 (commencing with Section 450.1) of Division 2 of Title 23 of the California Code of Regulations that are in effect on March 8, 2000, may be used to carry out this chapter. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  14. 79156.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The department may use no more than 3% of the total deposited in the subaccount to pay costs for administering this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. General Provisions [79151 - 79156] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79156. Not more than 3 percent of the total amount deposited in the subaccount may be used by the department to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  15. 79157.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Agricultural Water Conservation Program [79157 - 79158] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

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    The department must use $35 million, once appropriated, for loans to local agencies and grants for agricultural water conservation projects, and it must limit any one project’s loan proceeds to $5 million.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Agricultural Water Conservation Program [79157 - 79158] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79157. (a) The sum of thirty-five million dollars ($35,000,000) in the account, upon appropriation by the Legislature to the department, shall be used by the department for loans to local agencies to aid in the acquisition and construction of agricultural water conservation projects, and for grants in accordance with Section 79158. (b) For the purposes of approving a loan under this section, the department shall determine if there will be a net saving of water as a result of each proposed project and if the project is determined by the department to be cost-effective. (c) A project under this article shall not receive any more than five million dollars ($5,000,000) in loan proceeds from the department. (d) The department shall give preference to the agencies that propose the most cost-effective projects. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  16. 79158.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Agricultural Water Conservation Program [79157 - 79158] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may give grants to local agencies for feasibility studies, subject to department-set terms and conditions. A single study cannot receive more than $100,000, and no more than 5% of the account’s deposits may be spent on these studies.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Agricultural Water Conservation Program [79157 - 79158] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79158. (a) The department may make grants to local agencies, under any terms and conditions that may be determined necessary by the department, for the purpose of financing feasibility studies of projects potentially eligible for a loan under Section 79157. (b) No single feasibility study shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 5 percent of the total amount deposited in the account may be expended for the purposes of financing feasibility studies. (c) A grant for a feasibility study shall not affect the maximum amount of any loan that may be made under this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  17. 79161.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Groundwater Recharge Facilities Program [79161 - 79161.5] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department gets $30 million for groundwater recharge facility loans and grants, loan applications must include project details and justification, projects may not receive more than $5 million in loan proceeds, and the department must prefer certain projects.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Groundwater Recharge Facilities Program [79161 - 79161.5] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79161. (a) The sum of thirty million dollars ($30,000,000) in the account is hereby appropriated to the department, without regard to fiscal years, for use by the department for loans and grants to local agencies for the acquisition and construction of groundwater recharge facilities. (b) A loan application pursuant to this article shall include the reasonable cost and benefit of the proposed project, including a feasibility report that shall set forth the economic justification for the project, and shall include explanations of the proposed facilities and their relation to other water supply related facilities in the basin or region. (c) A project under this article shall not receive any more than five million dollars ($5,000,000) in loan proceeds from the department. (d) The department shall give preference under this section to projects that are located in overdrafted groundwater basins, projects of critical need, projects whose feasibility studies demonstrate the greatest engineering and hydrogeologic feasibility as determined by the department, and projects located in areas that have groundwater management plans. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  18. 79161.5.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Groundwater Recharge Facilities Program [79161 - 79161.5] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may grant money to local agencies to finance feasibility studies, subject to conditions set by the department.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Groundwater Recharge Facilities Program [79161 - 79161.5] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79161.5. (a) The department may make grants to local agencies, under any terms and conditions that may be determined necessary by the department, for the purpose of financing feasibility studies of projects potentially eligible for a loan under Section 79161. (b) No single feasibility study shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 5 percent of the total amount deposited in the account may be expended for the purposes of financing feasibility studies. (c) A grant for a feasibility study shall not affect the maximum amount of any loan that may be made under this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  19. 79162.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department must use the $60 million account for grants to local agencies for infrastructure rehabilitation projects, with priority for certain agencies and a $5 million cap on any single construction grant.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79162. (a) The sum of sixty million dollars ($60,000,000) in the account, upon appropriation by the Legislature to the department, shall be used by the department for grants awarded by the department to local agencies for the purposes of funding infrastructure rehabilitation projects. (b) (1) For the purposes of making grants pursuant to subdivision (a), the factors to be considered by the department in determining whether to enter into an agreement shall include, but not be limited to, the need to implement projects that provide measurable conservation through the reduction of system water losses by rehabilitating water delivery systems. (2) Grants awarded pursuant to subdivision (a) shall be available for public water systems owned and operated by local agencies in economically disadvantaged areas with service connections that exceed 200 but are not greater than 16,000 in number. The department shall give highest priority in awarding grants to those agencies with the highest retail water rates and service charges as of January 1, 1999. (c) No single construction grant under this article shall exceed five million dollars ($5,000,000). (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  20. 79162.2.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may give grants to local agencies to pay for feasibility studies, subject to department-set terms and limits.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79162.2. (a) The department may make grants to local agencies, under any terms and conditions as may be determined necessary by the department, for the purpose of financing feasibility studies of projects potentially eligible for a grant under Section 79162. (b) No single feasibility study shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 5 percent of the total amount deposited in the account may be expended for the purposes of financing feasibility studies. (c) A grant for a feasibility study shall not affect the maximum of any construction grant that may be made under this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  21. 79162.4.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may adopt regulations to carry out this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 5. Infrastructure Rehabilitation Program [79162 - 79162.4] ( Article 5 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79162.4. The department may adopt regulations to carry out this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  22. 79163.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Urban Water Conservation Program [79163 - 79164] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department must use the $30 million account money, once appropriated by the Legislature, for grants and loans to local agencies for urban water conservation projects. A project under this article may not receive more than $5 million in department loan proceeds.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Urban Water Conservation Program [79163 - 79164] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79163. (a) The sum of thirty million dollars ($30,000,000) in the account, upon appropriation by the Legislature to the department, shall be used by the department for grants and loans awarded by the department to local agencies for the purposes of funding urban water conservation projects. (b) A project under this article shall not receive more than five million dollars ($5,000,000) in loan proceeds from the department. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  23. 79164.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Urban Water Conservation Program [79163 - 79164] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may give grants to local agencies to fund feasibility studies for projects that may qualify for loans under Section 79163.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 8. Water Conservation Program [79150 - 79164] ( Chapter 8 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 6. Urban Water Conservation Program [79163 - 79164] ( Article 6 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79164. (a) The department may make grants to local agencies, under any terms and conditions that may be determined necessary by the department, for the purpose of financing feasibility studies of projects potentially eligible for a loan under Section 79163. (b) No single feasibility study shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 5 percent of the total amount deposited in the account may be expended for the purposes of financing feasibility studies. (c) A grant for a feasibility study shall not affect the maximum amount of any loan that may be made under this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  24. 79165.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Water Supply, Reliability, and Infrastructure Account [79165 - 79166] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines “account” for this chapter as the Water Supply, Reliability, and Infrastructure Account created by Section 79166.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Water Supply, Reliability, and Infrastructure Account [79165 - 79166] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79165. For the purposes of this chapter, “account” means the Water Supply, Reliability, and Infrastructure Account created by Section 79166. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  25. 79166.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Water Supply, Reliability, and Infrastructure Account [79165 - 79166] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section creates the Water Supply, Reliability, and Infrastructure Account and transfers $630,000,000 into it from the fund.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 1. Water Supply, Reliability, and Infrastructure Account [79165 - 79166] ( Article 1 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79166. The Water Supply, Reliability, and Infrastructure Account is hereby created in the fund. The sum of six hundred thirty million dollars ($630,000,000) is hereby transferred from the fund to the account. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  26. 79170.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Legislature states that managing surface water and groundwater together is an effective way to improve water supply reliability for all sectors in California.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79170. The Legislature finds and declares that the conjunctive management of surface water and groundwater is an effective way to improve the reliability of water supply for all sectors in California. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  27. 79171.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines terms used in the groundwater storage article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79171. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Conjunctive use” means the temporary storage of water in a groundwater aquifer through intentional recharge and subsequent extraction for later use. Storage is accomplished by either of the following methods: (1) “Direct recharge” of an aquifer by conducting surface water into the ground by various means, including, without limitation, spreading ponds and injection wells for the purpose of making the water stored in the aquifer available for extraction and later use in drier years. (2) “In-lieu recharge” means increasing the amount of groundwater available in an aquifer by substituting surface water supplies to a user who would otherwise pump groundwater. (b) “Conjunctive use facilities” include land and appurtenant facilities for any phase of a conjunctive use operation. Appurtenant facilities may include subsurface storage, treatment, conveyance, recharge ponds, injection wells, spreading grounds, monitoring, measurements, subsidence detection, flow regulation, detention basins to facilitate recharge, diversion facilities, and extraction facilities. (c) “Conjunctive use project” means a project that is intended to produce water supply benefits for the local agency or a project that is intended to produce water supply benefits for water users, including the environment, in addition to the local agency. (d) “Local agency” means any city, county, city and county, district, joint powers authority, mutual water company, or other political subdivision of the state. (e) “Project participants” means any public agency participating in, and benefiting from, a conjunctive use project under this article. (f) “Subaccount” means the Conjunctive Use Subaccount created by Section 79172. (Amended by Stats. 2000, Ch. 1078, Sec. 10. Effective January 1, 2001. Note: This section was added by Stats. 1999, Ch. 725, and approved in Prop. 13 on March 7, 2000.)
  28. 79172.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section creates the Conjunctive Use Subaccount in the account.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79172. There is hereby created in the account the Conjunctive Use Subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  29. 79173.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    $200,000,000 is transferred from one account to a subaccount to implement this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79173. The sum of two hundred million dollars ($200,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  30. 79174.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    If the Legislature appropriates the subaccount money to the department, the department may use it for grants for feasibility studies, project design, or construction of conjunctive use projects.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79174. The money in the subaccount, upon appropriation by the Legislature to the department, may be used by the department for grants for feasibility studies, project design, or the construction of conjunctive use projects on a pilot or operational scale. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  31. 79175.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    No more than 5% of the money deposited in the subaccount may be used to fund feasibility studies.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79175. Not more than 5 percent of the total amount deposited in the subaccount may be expended for purposes of financing feasibility studies. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  32. 79176.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    When approving projects under this article, the department must give priority to projects with eligible third-party funding and consider several listed project factors.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79176. For the purpose of approving projects pursuant to this article, the department shall give priority to those projects for which there is available third-party funds from any source other than the Central Valley Project Restoration Fund authorized by the Central Valley Project Improvement Act. The department shall also take into consideration all of the following with regard to each proposed project: (a) The magnitude of the actual increase in water supply yield and reliability compared to preexisting conditions. (b) The consistency with the plans or recommendations proposed by CALFED. (c) The distribution of the benefits to water supply and to the environment. (d) The availability of the storage for conserved water. (e) The technical and environmental suitability of the groundwater basin for conjunctive use. (f) The potential to reduce critically overdrafted conditions in a groundwater basin. (g) The need for the project. (h) The potential to alleviate salt water intrusion into groundwater basins or other groundwater quality degradation. (i) The economic, engineering, and hydrogeologic justification for the project. (j) The availability of third-party or local matching funds from any source other than the Central Valley Project Restoration Fund authorized by the Central Valley Project Improvement Act. (k) The involvement of one or more local agencies whose jurisdiction or water service area overlies or is adjacent to the aquifer utilized to store water. (l) The potential to reduce dry year demand for surface water under existing contracts. (m) The existence of a system for the recovery of the stored water or an agreement with the department or a local agency for the installation of that system. (n) Whether the project is located in an area that is subject to a groundwater management program. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  33. 79177.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    An applicant that is not a local agency must carry out a conjunctive use project with a local agency’s participation to qualify for funding. The department or a local agency may also provide assistance if the participating local agency asks for it.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79177. To be eligible for funding for the construction of a conjunctive use project under this article, an applicant that is other than a local agency shall be required to carry out that project with the participation of a local agency. The department or a local agency may provide technical assistance, coordination, or any other assistance in implementing a project or study if requested by the participating local agency. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  34. 79178.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    A construction project cannot receive more than $50 million from the subaccount.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79178. No construction project may receive more than fifty million dollars ($50,000,000) from the subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  35. 79179.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    No more than 5% of money deposited in the subaccount may be used for administration costs of this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79179. Not more than 5 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  36. 79180.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    At least 40% of the money deposited in the subaccount must be spent on studies, projects, and facilities in watersheds of the central valley.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79180. Not less than 40 percent of the total amount deposited in the subaccount shall be expended for studies, projects, and facilities within watersheds of the central valley. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  37. 79181.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Projects under this article must protect groundwater and water rights, and funding is barred unless the department makes a required design-and-operation finding.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79181. (a) A project undertaken pursuant to this article shall fully protect and preserve the groundwater rights of the overlying landowners and shall fully protect and preserve the water rights of the project participants. The department shall not provide funding for a project unless it determines that the project will be designed and operated in a manner that ensures that other users of the same or a hydrologically related aquifer will not suffer any unreasonable diminution of the quantity or quality of their groundwater supplies or incur additional uncompensated expense as a result of the implementation of the project. (b) For the purposes of receiving funding for a conjunctive use project pursuant to this article, the applicant shall be required to do both of the following: (1) Provide for a continuing groundwater monitoring and mitigation program. (2) Limit the extraction of the groundwater to not more than the amount of water that is stored or recharged by the project participants or the amount that complies with all laws and contract terms governing the extraction, appropriation, and use of groundwater by the project participants. (c) Persons and agencies participating in the project may not assert a claim or file a cause of action against an overlying landowner who is not exceeding either of the following: (1) The overlying landowner’s historic rate of groundwater pumping. (2) The full amount of groundwater to which the overlying landowner would be entitled to under state law regarding rights to groundwater and reasonable beneficial use on the landowner’s land that overlies the groundwater. (d) The overlying landowners may not assert a claim or file a cause of action against the persons or agencies participating in the project if the project is implemented in compliance with this section, except as provided by contract between the project participants. (e) Nothing in this article modifies state law with regard to groundwater rights, regulation, or management. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  38. 79182.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department must consult an advisory committee when carrying out this article and awarding grants. Committee members with a conflict involving a grant applicant must disclose it and must not review that applicant’s grant application.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79182. In carrying out this article and awarding grants, the department shall convene and consult with an advisory committee comprised of technically qualified representatives of local water agencies, project participants, environmental interests, agricultural laborer interests, and interests representing farmers who use groundwater. The advisory committee shall be geographically balanced to reflect the communities that use water in the Central Valley. If a member of the advisory committee, or a member of his or her immediate family, is employed by a grant applicant or the employer of a grant applicant, the committee members shall make that disclosure to the other members of the committee and shall not participate in the review of the grant application of that applicant. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  39. 79183.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may adopt regulations to carry out this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 2. Groundwater Storage Program [79170 - 79183] ( Article 2 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79183. The department may adopt regulations to carry out this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  40. 79190.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the Bay-Delta Multipurpose Water Management Program article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79190. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “CALFED Bay-Delta Program” or “program” means the undertaking by CALFED pursuant to the Framework Agreement dated June 20, 1994, to develop a long-term solution to water management, environmental, and other problems in the bay-delta watershed by means of a programmatic environmental impact statement/environmental impact report. (b) “CALFED EIS/EIR” means the final programmatic environmental impact statement/environmental impact report prepared by CALFED. (c) “CALFED stage 1 action” means an action identified in the preferred alternative of the CALFED EIS/EIR as an action intended for implementation during stage 1 of Phase III of the CALFED Bay-Delta Program. (d) (1) “Eligible project” means a demonstration project, subject to the CALFED adaptive management principle that requires an assessment of the performance of the demonstration projects in order to determine which projects are successful in achieving the goals of the program. (2) “Eligible project” means a project that meets both of the following requirements. (A) The project is identified in the CALFED EIS/EIR as a CALFED stage 1 action. (B) The project does one or more of the following: (i) Constructs treatment facilities or relocates discharge facilities for agricultural drainage generated within the delta to improve water quality in the delta or the quality of water that is transported from the delta. (ii) Constructs facilities to control waste discharges that contribute to low dissolved oxygen and other water quality problems in the lower San Joaquin River and the south delta. (iii) Constructs fish facilities for the State Water Project or the Central Valley Project intakes in the south delta, such as facilities for fish screens, fish handling, and fish passage, or modifications to intake structures or other facilities, to reduce losses of any life stages of fish to water diversions in the San Joaquin River and the delta in accordance with paragraph (1) of Section (C) of Chapter IV of the board’s 1995 water quality control plan. (iv) Constructs a permanent barrier at the head of Old River to improve fish migration and other permanent barriers in the south delta channels to improve water quality and water level for local diversions. (v) Constructs facilities to control drainage from abandoned mines that adversely affect water quality in the bay-delta. (vi) Constructs a permanent barrier at Grantline Canal to improve water quality and water levels for local diversion. (e) “Subaccount” means the Bay-Delta Multipurpose Water Management Subaccount created by Section 79194. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  41. 79191.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says the article does not limit any agency’s authority under other law to spend funds for the article’s purposes.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79191. This article does not affect the authority of any agency pursuant to any other provision of law to expend funds for the purposes described in this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  42. 79192.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Legislature states findings about the CALFED Bay-Delta Program and says the state should participate in funding eligible projects.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79192. The Legislature hereby finds and declares all of the following: (a) CALFED is in the process of preparing a programmatic EIS/EIR for a long-term comprehensive plan that will resolve problems related to ecosystem restoration, including the recovery of endangered species such as chinook salmon, water quality, water supply, water management, and system integrity for the protection of beneficial uses of the bay-delta ecosystem. (b) The CALFED Bay-Delta Program is of statewide and national importance. The state should participate in the funding of eligible projects as a part of its ongoing program to improve conditions in the bay-delta ecosystem. (c) The programmatic EIS/EIR will include a schedule for funding and implementing all elements of the long-term comprehensive plan. (d) The elements of the CALFED Bay-Delta Program will achieve balanced solutions in all identified problem areas, including the ecosystem, water quality, water supply, and system integrity. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  43. 79193.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This article does not authorize implementation of the CALFED Bay-Delta Program or any part of it.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79193. (a) This article does not authorize the implementation of the CALFED Bay-Delta Program or any element of that program. The implementation of the CALFED Bay-Delta Program, or any element of that program, shall only be undertaken pursuant to authority provided by law other than this division. (b) Nothing in this article affects the obligation to comply with provisions of existing law in connection with the implementation of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  44. 79194.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section creates the Bay-Delta Multipurpose Water Management Subaccount in the account.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79194. There is hereby created in the account the Bay-Delta Multipurpose Water Management Subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  45. 79195.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    $250,000,000 is transferred from the account to the subaccount.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79195. The sum of two hundred fifty million dollars ($250,000,000) is hereby transferred from the account to the subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  46. 79196.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may use subaccount money for eligible projects after legislative appropriation, and it may reallocate unspent eligible-project money. The funds cannot be used until required annual consultation has occurred.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79196. (a) The money in the subaccount, upon appropriation by the Legislature to the department, may be used by the department to carry out eligible projects and for the purposes of Section 79202. (b) Money in the subaccount that is allocated to carry out eligible projects, as described in clauses (ii), (iv), and (vi) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190, and is not expended for those purposes, may be reallocated by the department to carry out other eligible projects, as described in clauses (i), (iii), and (v) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (c) No funds in the subaccount shall be used by the department unless and until the department has consulted, on an annual basis, with the state and federal agencies that participate in CALFED, as well as representatives of the public convened as a duly authorized advisory committee, with regard to the specific projects proposed for funding under this article. Decisions regarding specific expenditures of funds provided under this article shall be jointly determined, to the maximum extent possible, by the recommendations of the state and federal CALFED agencies with the advice of the advisory committee. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  47. 79196.5.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Funds appropriated under Section 79196 must be allocated to six listed project purposes in specific dollar amounts.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79196.5. The funds appropriated pursuant to Section 79196 shall be allocated as follows: (a) Seventeen million dollars ($17,000,000) for the purposes of the project described in clause (i) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (b) Forty million dollars ($40,000,000) for the purposes of the project described in clause (ii) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (c) One hundred twenty million dollars ($120,000,000) for the purposes of the project described in clause (iii) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (d) Forty million dollars ($40,000,000) for the purposes of the project described in clause (iv) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (e) Seventeen million dollars ($17,000,000) for the purposes of the project described in clause (v) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (f) Sixteen million dollars ($16,000,000) for the purposes of the project described in clause (vi) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (Amended by Stats. 2000, Ch. 1078, Sec. 11. Effective January 1, 2001. Note: This section was added by Stats. 1999, Ch. 725, and approved in Prop. 13 on March 7, 2000.)
  48. 79197.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Funds in the subaccount may not be spent until specified state and federal environmental approval steps are completed.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79197. No funds in the subaccount may be expended until all of the following conditions have been met: (a) The CALFED EIS/EIR has been certified by the state lead agency and a notice of determination has been issued as required by Division 13 (commencing with Section 21000) of the Public Resources Code. (b) The CALFED EIS/EIR has been filed by the federal lead agencies with the United States Environmental Protection Agency, the required notice has been published in the Federal Register, and there has been federal approval of a program identical to the program approved by the state. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  49. 79198.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The state must, to the greatest extent possible, secure federal and nonfederal funds to implement this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79198. The state, to the greatest extent possible, shall secure federal and nonfederal funds to implement this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  50. 79199.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Secretary of the Resources Agency must review schedule adherence each year and, if needed, prepare a revised schedule before funds can continue to be spent.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79199. Due to the importance of issuing permits and otherwise expediting all elements of the CALFED Bay-Delta Program in a timely and balanced manner, the following procedures shall apply to the use of funds authorized by this article: (a) After the requirements set forth in Section 79197 are met, funds in the subaccount shall become available for use in accordance with the schedule for eligible projects set forth in the final programmatic EIS/EIR, unless the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR has not been substantially adhered to. (b) On or before November 15 of each year, the Secretary of the Resources Agency, in consultation with state and federal CALFED representatives and other interested persons and agencies, shall review adherence to the schedule. (c) The absence of funding from nonfederal or nonstate sources shall not be a basis for a determination that the schedule has not been adhered to. (d) If, at the conclusion of each annual review, the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR, or a revised schedule prepared pursuant to this subdivision, has not been substantially adhered to, the secretary, after notice to, and consultation with, state and federal CALFED representatives and other interested persons and agencies, shall prepare a revised schedule that ensures that balanced solutions in all identified problem areas, including ecosystem restoration, water supply, water quality, and system integrity are achieved, consistent with the intent of the final programmatic EIS/EIR. Funds shall be available for expenditure unless a revised schedule has not been developed within six months from the date on which the secretary determines that the prior schedule has not been substantially adhered to. Upon the preparation of any revised schedule under this subdivision, funds shall be expended in accordance with that revised schedule. (e) Funds in the subaccount shall become available in accordance with the cost-share agreement developed by the CALFED Bay-Delta Program, which shall describe the federal, state, and local share of funding for the programs, projects, and other CALFED stage 1 actions. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  51. 79200.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Secretary of the Resources Agency must submit an annual report to the Legislature by December 15 each year.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79200. On or before December 15 of each year, the Secretary of the Resources Agency shall submit an annual report to the Legislature that describes the status of the implementation of all elements of the CALFED Bay-Delta Program, any determinations made by the secretary pursuant to subdivisions (b) and (d) of Section 79199 and other significant scheduling issues. The report also shall include a detailed accounting of expenditures, descriptions of programs for which expenditures have been made, and a schedule of anticipated expenditures for the next year. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  52. 79201.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The report under Section 79200 must include a summary of project results and any needed project modifications.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79201. The report prepared pursuant to Section 79200 shall include both of the following: (a) A summary of the results achieved by the projects funded under this article. (b) An identification of any necessary modifications that should be made to eligible projects or other CALFED bay-delta projects, to ensure that the goals and objectives of CALFED are met. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  53. 79201.5.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says the article does not address how benefits from funded projects or programs are allocated.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79201.5. Nothing in this article shall be construed to address the allocation of benefits from projects or programs funded by this article. It is anticipated that this issue will be settled in the CALFED process or by the Legislature by statute. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  54. 79202.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    No more than 5% of the total money deposited in the subaccount may be used for costs tied to administering this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79202. Not more than 5 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  55. 79203.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may adopt regulations to carry out this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 3. Bay-Delta Multipurpose Water Management Program [79190 - 79203] ( Article 3 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79203. The department may adopt regulations to carry out this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  56. 79205.10.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department must prioritize eligible programs or projects for funding that meet one or more listed requirements.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.10. For purposes of prioritizing eligible programs or projects for funding under this article, the department shall give priority to programs or projects that meet one or more of the following requirements: (a) Can be completed expeditiously and thereby provide near term benefits and more immediate mitigation of urgent problems related to water supply and water quality. (b) Implements actions to improve water quality and protect water level conditions in San Luis Reservoir. (c) Includes public-private partnerships or cost sharing arrangements that maximize public benefits. (d) Sponsored by a public agency with water supplies that are being or would be impacted to a greater degree by delta-related water supply shortages and water quality degradation. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  57. 79205.12.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The state should seek matching federal funds, as far as possible, to carry out this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.12. The state, to the greatest extent possible, shall seek matching federal funds to implement this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  58. 79205.14.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Funds from the subaccount may be used for all phases of project development.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.14. Funds available from the subaccount shall be available for all phases of project development including, but not limited to, project administration, permitting and environmental compliance, feasibility studies, and construction. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  59. 79205.16.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    No more than 5% of the money deposited in the subaccount may be used to pay costs for administering this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.16. Not more than 5 percent of the total amount deposited in the subaccount may be used to pay costs incurred in connection with the administration of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  60. 79205.2.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section defines “Delta export service area” and “local agency” for this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.2. (a) “Delta export service area,” as used in this article, means both of the following: (1) The counties included within the Association of Bay Area Governments. (2) Those areas of the state outside the delta that receive water from the State Water Project or the Central Valley Project, either directly or by exchange, by means of diversions from the delta. (b) “Local agency,” as used in this article, means any city, county, city and county, district, or other political subdivision of the state. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  61. 79205.4.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section creates the Interim Water Supply and Water Quality Infrastructure and Management Subaccount and defines “subaccount” for this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.4. (a) There is hereby created the Interim Water Supply and Water Quality Infrastructure and Management Subaccount. (b) For the purposes of this article, “subaccount” means the Interim Reliable Water Supply and Water Quality Infrastructure and Management Subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  62. 79205.6.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    $180,000,000 is transferred from the account to the subaccount for this article.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.6. The sum of one hundred eighty million dollars ($180,000,000) is hereby transferred from the account to the subaccount for the purposes of this article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  63. 79205.8.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The department may use subaccount money, with legislative appropriation and Governor approval, to give grants or loans to certain local agencies for qualifying water projects, and it must list projects proposed for funding.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 9. Water Supply, Reliability, and Infrastructure Program [79165 - 79205.16] ( Chapter 9 added by Stats. 1999, Ch. 725, Sec. 1. ) ## ARTICLE 4. Interim Water Reliable Supply and Water Quality Infrastructure and Management Program [79205.2 - 79205.16] ( Article 4 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79205.8. (a) The money in the subaccount, upon appropriation by the Legislature to the department, may be used by the department to provide grants or loans, or any combination thereof, which are approved by the Governor, to local agencies located in the delta export service areas for programs or projects that can be completed and provide the intended benefits not later than March 8, 2009, and are designed to increase water supplies, enhance water supply reliability, or improve water quality. (b) The department shall provide grants for programs or projects located outside the delta and which meet one of the following requirements: (1) The project or program constructs new or expands existing groundwater storage and recovery projects or acquires rights to use storage in existing reservoirs. (2) The project or program implements measures that facilitate improved water treatment, water transfers, or exchanges, including, but not limited to, a project that improves water quality by shifting reliance from lower quality to higher quality water supplies. (3) The project or program implements state of the art agricultural water conservation programs, and programs that treat or manage agricultural drainage water for reuse or instream water quality benefits. (c) The department shall list the projects that are proposed to be funded from the subaccount. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  64. 79210.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section authorizes up to $1.97 billion in bonds to be issued and sold for the division’s purposes and for reimbursing the specified revolving fund.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79210. Bonds in the total amount of one billion nine hundred seventy million dollars ($1,970,000,000), not including the amount of any refunding bonds issued in accordance with Section 79219, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  65. 79211.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says the bonds must be handled under the State General Obligation Bond Law, except Section 16727, and that state agencies administering the bond fund appropriation are treated as the “board” for that law.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79211. (a) The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except Section 16727, and all of the provisions of that law apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division. (b) For purposes of the State General Obligation Bond Law, each state agency that administers an appropriation of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund is designated the “board.” (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  66. 79212.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section creates the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Finance Committee for bond issuance purposes and lets a majority of the committee act for it.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79212. Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Finance Committee is hereby created. For purposes of this division, the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, and the Director of Finance, or their designated representatives. A majority of the committee may act for the committee. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  67. 79213.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The committee must decide whether bonds should be issued under this division and, if so, how much to issue and sell.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79213. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  68. 79214.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    An additional sum must be collected each year to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79214. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  69. 79215.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section appropriates money from the General Fund for this division’s purposes, including bond principal and interest and the costs of Section 79216.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79215. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this division, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 79216, appropriated without regard to fiscal years. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  70. 79216.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize certain withdrawals from the General Fund for this division, but the amount cannot exceed the amount of unsold bonds authorized for sale. Withdrawn money must be deposited in the fund and later returned to the General Fund with interest from bond-sale proceeds.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79216. For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this division. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  71. 79217.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Money in the fund from bond premium and accrued interest must be kept in the fund and may be transferred to the General Fund as a credit for bond interest expenses.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79217. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  72. 79218.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The administering agency may ask the Pooled Money Investment Board for a loan, but the request cannot exceed authorized unsold bonds, and the agency must sign required documents and deposit loaned amounts into the fund.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79218. The agency that administers an appropriation of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this division. The requesting agency shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the requesting agency in accordance with this division. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  73. 79219.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    This section says the bonds may be refunded under the Government Code procedure, and voter approval for issuing the bonds also covers refunding bonds.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79219. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this division includes the approval of the issuance of any other bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  74. 79220.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    If the Treasurer sells certain bonds with the required bond counsel opinion, the Treasurer may keep separate accounts for bond proceeds and earnings, and may use them for federal tax-related payments or other actions needed or desirable to preserve tax-exempt status.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79220. Notwithstanding any provision of this division or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this division that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of that state. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  75. 79221.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    The Legislature declares that bond-sale proceeds under this division are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79221. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.)
  76. 79222.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. )

    Verify source ↗

    Two bond amounts are reallocated and must be handled under Division 26.7.

    ## Water Code - WAT ## DIVISION 26. SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT [79000 - 79222] ( Division 26 added by Stats. 1999, Ch. 725, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [79210 - 79222] ( Chapter 10 added by Stats. 1999, Ch. 725, Sec. 1. ) ## 79222. Notwithstanding any other law, thirty-four million dollars ($34,000,000) of the unissued bonds authorized for the purposes of Section 79157, and fifty-two million dollars ($52,000,000) of the unissued bonds authorized for the purposes of Section 79195 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700). (Added by Stats. 2014, Ch. 188, Sec. 5. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  77. 79500.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This division is named the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, and it may be cited by that name.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79500. This division shall be known and may be cited as the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. (Added November 5, 2002, by initiative Proposition 50.)
  78. 79501.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section states California’s public policy goals for water security, water supply, water quality, watershed management, drought protection, and coastal and beach protection.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79501. The people of California find and declare that it is necessary and in the public interest to do all of the following: (a) Secure and safeguard the integrity of the state’s water supply from catastrophic damage or failure from terrorist acts or other deliberate acts of destruction. (b) Provide a safe, clean, affordable, and sufficient water supply to meet the needs of California residents, farms, and businesses. (c) Provide adequate financing for balanced implementation of the CALFED Bay-Delta Program to: (1) Provide good water quality for all beneficial uses. (2) Improve and increase aquatic and terrestrial habitats and improve ecological functions in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary to support sustainable populations of diverse plant and animal species. (3) Reduce the mismatch between Bay-Delta water supplies and current and projected beneficial uses dependent on the Bay-Delta system. (4) Reduce the risk to land uses and associated economic activities, water supply, infrastructure, and ecosystems from catastrophic breaching of Delta levees. (d) Establish and facilitate integrated regional water management systems and procedures to meet increasing water demands due to significant population growth that is straining local infrastructure and water supplies. (e) Improve practices within watersheds to improve water quality, reduce pollution, capture additional storm water runoff, protect and manage groundwater better, and increase water use efficiency. (f) Protect urban communities from drought, increase supplies of clean drinking water, reduce dependence on imported water, reduce pollution of rivers, lakes, streams, and coastal waters, and provide habitat for fish and wildlife. (g) Invest in projects that further the ability of all Californians to live within California’s basic apportionment of 4.4 million acre-feet per year of Colorado River water pursuant to the Colorado River Water Use Plan. (h) Protect, restore, and acquire beaches and coastal uplands, wetlands, and watershed lands along the coast and in San Francisco Bay to protect the quality of drinking water, to keep beaches and coastal waters safe from water pollution, and to provide the wildlife and plant habitat and riparian and wetlands areas needed to support functioning coastal and San Francisco Bay ecosystems for the benefit of the people of California. (Added November 5, 2002, by initiative Proposition 50.)
  79. 79502.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The provision says the division should be administered and carried out as quickly as possible, and that state, regional, and local officials should implement it to the fullest extent of their authority.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79502. It is the intent of the people in enacting this division that it be administered and executed in the most expeditious manner possible, and that all state, regional and local officials implement this division to the fullest extent of their authority. (Added November 5, 2002, by initiative Proposition 50.)
  80. 79503.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Water facility projects financed under this division are intended to be designed and built to improve the security and safety of the state’s drinking water system.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79503. It is the intent of the people that water facility projects financed pursuant to this division shall be designed and constructed so as to improve the security and safety of the state’s drinking water system. (Added November 5, 2002, by initiative Proposition 50.)
  81. 79504.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The provision states that public funds invested under this division should produce public benefits.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79504. It is the intent of the people that investment of public funds pursuant to this division should result in public benefits. (Added November 5, 2002, by initiative Proposition 50.)
  82. 79505.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section defines key terms used in the division.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79505. As used in this division, the following terms shall have the following meanings: (a) “Acquisition” means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. (b) “Board” means the State Water Resources Control Board. (c) “CALFED” means the consortium of state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. (d) “CALFED Bay-Delta Program” means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions, projects, and related activities that will provide solutions to identified problem areas related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem, including but not limited to the Bay-Delta and its tributary watersheds. (e) “Department” means the Department of Water Resources. (f) “Fund” means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510. (g) “Nonprofit organization” means any nonprofit corporation formed pursuant to the Nonprofit Public Benefit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) and qualified under Section 501(c)(3) of the United States Internal Revenue Code. (h) “Secretary” means the Secretary of the Resources Agency. (i) “Wetlands” means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. (Added November 5, 2002, by initiative Proposition 50.)
  83. 79505.5.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section defines “disadvantaged community” and “matching funds,” and says matching funds for a state agency may include state funds and services.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79505.5. As used in this division, the following terms shall have the following meanings: (a) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. (b) “Matching funds” means funds made available by nonstate sources, which may include, but are not limited to, donated services from nonstate sources. (c) Notwithstanding subdivision (b), matching funds for a state agency may include state funds and services. (Amended by Stats. 2003, Ch. 741, Sec. 97. Effective January 1, 2004.)
  84. 79505.6.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    State agencies that disburse grants or loans under this division must develop, publish, consult on, and transmit project solicitation and evaluation guidelines, and they generally may not require matching funds for disadvantaged-community grants except for the specified exceptions.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79505.6. (a) (1) By March 15, 2004, each state agency disbursing grants or loans pursuant to this division shall develop project solicitation and evaluation guidelines. The guidelines may include a limitation on the size of grants or loans to be awarded. (2) Prior to disbursing grants, each state agency shall conduct two public meetings to consider public comments prior to finalizing the guidelines. Each state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California and one meeting shall be conducted at a location in southern California. Upon adoption, each state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. To the extent feasible, each state agency shall provide outreach to disadvantaged communities to promote access and participation in those meetings. (3) (A) Subject to subparagraph (B), the guidelines may include a requirement for matching funds. (B) A state agency may not require matching funds for the purposes of awarding a grant financed by this division to assist a disadvantaged community, except as follows: (i) For the purposes of awarding a grant pursuant to subdivision (a) of Section 79545, the department shall impose matching fund requirements in accordance with subdivision (a) of Section 79545. (ii) For the purposes of awarding a grant subject to Section 79564, the board shall impose matching fund requirements in accordance with subdivision (b) of Section 79564. (b) Notwithstanding subdivision (a), a state agency, in lieu of adopting guidelines pursuant to subdivision (a), may use guidelines existing on January 1, 2004, to the extent those guidelines conform to the applicable requirements of this division. (Added by Stats. 2003, Ch. 240, Sec. 27. Effective August 13, 2003.)
  85. 79506.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Any proposed activity financed under this division must comply with the California Environmental Quality Act.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79506. Every proposed activity to be financed pursuant to this division shall be in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code. (Added November 5, 2002, by initiative Proposition 50.)
  86. 79506.7.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    State agencies that can award loans or grants under this division must help prepare applications and do so in a way that addresses the needs of economically disadvantaged communities.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79506.7. State agencies that are authorized to award loans or grants financed by this division shall provide technical assistance with regard to the preparation of the applications for those loans or grants in a manner that, among other things, addresses the needs of economically disadvantaged communities. (Added by Stats. 2003, Ch. 240, Sec. 28. Effective August 13, 2003.)
  87. 79507.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Financed watershed protection activities must be consistent with the applicable local watershed management plan and regional water quality control plan.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79507. Watershed protection activities financed pursuant to this division shall be consistent with the applicable adopted local watershed management plan and the applicable regional water quality control plan adopted by the regional water quality control board. (Added November 5, 2002, by initiative Proposition 50.)
  88. 79508.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Watershed protection activities in the specified watersheds must follow the adopted watershed and open space plan, and the plan must be implemented under the cited Public Resources Code divisions in the specified river watershed areas.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79508. Watershed protection activities in the San Gabriel and Los Angeles River watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and the Santa Monica Mountains Conservancy. Notwithstanding any other provision of law, this plan shall be implemented pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code in the watershed of the Los Angeles River upstream of the northernmost boundary of the City of Vernon and pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code in the San Gabriel River and in the lower Los Angeles River watershed. (Added November 5, 2002, by initiative Proposition 50.)
  89. 79509.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Projects that help meet CALFED Bay-Delta Program goals must match the CALFED Programmatic Record of Decision and be carried out through local and regional programs as much as possible, unless financed under specified chapters.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79509. Except for projects financed pursuant to Chapter 6 (commencing with Section 79545) or Chapter 10 (commencing with Section 79570), to be eligible to be financed pursuant to this division, any project that will wholly or partially assist in the fulfillment of one or more of the goals of the CALFED Bay-Delta Program shall be consistent with the CALFED Programmatic Record of Decision, and shall be implemented, to the maximum extent possible, through local and regional programs. (Added November 5, 2002, by initiative Proposition 50.)
  90. 79509.6.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The California Bay-Delta Authority reviews certain grant-related proposals and proposed rules, and implementing agencies must build that review into their grant schedules.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 1. General Provisions [79500 - 79509.6] ( Chapter 1 added November 5, 2002, by initiative Proposition 50. ) ## 79509.6. (a) For the purposes of ensuring compliance with Section 79509, the California Bay-Delta Authority shall review regulations, guidelines, or criteria that are proposed by an implementing agency to carry out a grant program for projects and activities that meet the following criteria: (1) The project is located within the CALFED solution area as defined in the CALFED final programmatic environmental impact statement/environmental impact report, dated July 2000. (2) The project wholly or partially assists in the fulfillment of one or more of the goals of the CALFED Bay-Delta Program. (b) Except for projects financed pursuant to Chapter 6 (commencing with Section 79545) or Chapter 10 (commencing with Section 79570), the California Bay-Delta Authority may review, and comment to the appropriate implementing agency with regard to, a proposal to award a grant pursuant to this division on behalf of a project that meets the criteria set forth in subdivision (a) for the purposes of determining whether or not the project is consistent with the CALFED Programmatic Record of Decision. (c) To avoid any delays in project awards, the opportunity for review by the California Bay-Delta Authority pursuant to subdivision (b) shall be incorporated into the grant program schedules established by the implementing agencies. (d) For the purposes of this section, “implementing agency” has the same definition as that set forth in subdivision (h) of Section 79402. (Added by Stats. 2004, Ch. 230, Sec. 37. Effective August 16, 2004.)
  91. 79510.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section creates the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. ) ## 79510. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 is hereby created. (Added November 5, 2002, by initiative Proposition 50.)
  92. 79511.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Money deposited in the fund may be used only for the purposes and amounts set out in this division.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. ) ## 79511. All money deposited in the fund shall be used only for the purposes and in the amounts set forth in this division and for no other purpose. (Added November 5, 2002, by initiative Proposition 50.)
  93. 79512.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Legislature may reappropriate fund money for other high-priority needs if the agency finds a project cannot be completed or the money exceeds what is needed, unless this division expressly says otherwise.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 2. The Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 [79510 - 79512] ( Chapter 2 added November 5, 2002, by initiative Proposition 50. ) ## 79512. Except as otherwise expressly provided in this division, upon a finding by the agency authorized to administer or expend money appropriated from the fund that a particular project or program for which money has been allocated or granted cannot be completed, or that the amount that was appropriated, allocated, or granted is in excess of the total amount needed, the Legislature may reappropriate the money for other high priority needs consistent with this division. (Added November 5, 2002, by initiative Proposition 50.)
  94. 79520.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $50 million is made available for legislative appropriation to protect drinking water systems from terrorism or deliberate damage.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. ) ## 79520. The sum of fifty million dollars ($50,000,000) shall be available for appropriation by the Legislature from the fund for the purpose of protecting state, local, and regional drinking water systems from terrorist attack or deliberate acts of destruction or degradation. This money may be expended or granted for monitoring and early warning systems, fencing, protective structures, contamination treatment facilities, emergency interconnections, communications systems, and other projects designed to prevent damage to water treatment, distribution, and supply facilities, to prevent disruption of drinking water deliveries, and to protect drinking water supplies from intentional contamination. (Added November 5, 2002, by initiative Proposition 50.)
  95. 79521.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Legislature may pass laws needed to implement this chapter.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. ) ## 79521. The Legislature may enact such legislation as is necessary to implement this chapter. (Added November 5, 2002, by initiative Proposition 50.)
  96. 79522.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section directs certain funds to the State Department of Public Health, requires the department to consult with the Office of Emergency Services and local water agencies when setting spending priorities, and bars some grant uses.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 3. Water Security [79520 - 79522] ( Chapter 3 added November 5, 2002, by initiative Proposition 50. ) ## 79522. (a) Funds made available pursuant to Section 79520 shall be appropriated to the State Department of Public Health to carry out this chapter consistent with the requirements and for the purposes specified in Section 79520. (b) In the development of priorities for expenditure of the funds appropriated for the purposes of this section, the State Department of Public Health shall consult with the Office of Emergency Services and local water agencies to develop criteria for the department’s programs. (c) Funds allocated pursuant to this section shall not be available for grants that reimburse project costs incurred prior to the adoption of criteria for the grants provided in this section. (d) No grant funds may be awarded to supplant funding for the routine responsibilities or obligations of any state, local, or regional drinking water system. (Amended by Stats. 2013, Ch. 352, Sec. 534. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  97. 79530.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $435 million is made available for legislative appropriation to the State Department of Health Services for grants and loans supporting safe drinking water projects.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. ) ## 79530. (a) The sum of four hundred thirty-five million dollars ($435,000,000) shall be available for appropriation by the Legislature from the fund to the State Department of Health Services for grants and loans for infrastructure improvements and related actions to meet safe drinking water standards including, but not limited to, the following types of projects: (1) Grants to small community drinking water systems to upgrade monitoring, treatment, or distribution infrastructure. (2) Grants to finance development and demonstration of new technologies and related facilities for water contaminant removal and treatment. (3) Grants for community water quality monitoring facilities and equipment. (4) Grants for drinking water source protection. (5) Grants for treatment facilities necessary to meet disinfectant by-product safe drinking water standards. (6) Loans pursuant to the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104 of the Health and Safety Code). (b) Not less than 60 percent of the money appropriated pursuant to this section shall be available for grants to Southern California water agencies to assist in meeting the state’s commitment to reduce Colorado River water use to 4.4 million acre feet per year. (Added November 5, 2002, by initiative Proposition 50.)
  98. 79531.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Legislature may pass legislation needed to carry out this chapter.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. ) ## 79531. The Legislature may enact such legislation as is necessary to implement this chapter. (Added November 5, 2002, by initiative Proposition 50.)
  99. 79532.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section says the department must consolidate the grant application process, grants may be awarded to certain southern California water agencies, and funded projects must help meet safe drinking water standards and reduce Colorado River water use.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. ) ## 79532. (a) Funds made available pursuant to subdivision (b) of Section 79530 shall be administered in accordance with this section. (b) (1) Grant funds appropriated for the purposes of subdivision (b) of Section 79530 shall be awarded on a competitive basis. (2) The department shall consolidate the application process required to implement the grant program described in this section. (c) For the purposes of this chapter, “southern California water agencies” means water agencies with service areas entirely or partly in one or more of the following counties: San Diego, Imperial, Riverside, Orange, Los Angeles, San Bernardino, Santa Barbara, or Ventura. (d) Grants may be awarded to southern California water agencies for eligible projects undertaken by one or more southern California water agencies and other entities. (e) A project funded by a grant made pursuant to subdivision (b) of Section 79530 shall meet both of the following requirements: (1) The project will assist the grantee to meet safe drinking water standards. (2) The project will assist in meeting the state’s commitment to reduce Colorado River water use to 4.4 million acre-feet per year. (f) In the development of criteria for the grants awarded pursuant to this section, the State Department of Health Services shall consult with the Office of Environmental Health Hazard Assessment for the purposes of developing a program that gives priority to projects that reduce public and environmental exposure to contaminants that pose the most significant health risks, and that will bring water systems into compliance with safe drinking water standards. These include, but are not limited to, projects that address public exposure to contaminants for which safe drinking water standards have been established, including arsenic, disinfection byproducts and uranium. Projects to address emerging contaminants, including perchlorate, chromium 6, and endocrine disrupters shall also be given priority. (Amended by Stats. 2004, Ch. 183, Sec. 369. Effective January 1, 2005.)
  100. 79534.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section requires certain water grant funds to be administered under this section, directs the State Department of Health Services to consolidate the application process, and caps any one project grant at $10 million.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 4. Safe Drinking Water [79530 - 79534] ( Chapter 4 added November 5, 2002, by initiative Proposition 50. ) ## 79534. (a) Funds made available pursuant to paragraph (1), (2), (3), (4), or (5) of subdivision (a) of Section 79530, and not for the purposes of subdivision (b) of that section, shall be administered in accordance with this section. (b) (1) Grants shall be awarded in accordance with subdivision (a) of Section 79530 on a statewide competitive basis. (2) A project that is eligible for funding for the purposes of subdivision (b) of Section 79530 is not eligible for a grant subject to this section. (c) For the purposes of this chapter, “small community” means a municipality with a population of 3,300 persons or fewer, or 1,000 connections or fewer. (d) The State Department of Health Services shall consolidate the application process required to implement the grant program described in this section. (e) In the development of criteria for the grants awarded under this section, the State Department of Health Services shall consult with the Office of Environmental Health Hazard Assessment for the purpose of developing a program that gives priority to projects that pose the most significant health risks, and that will bring water systems into compliance with safe drinking water standards. These include, but are not limited to, projects that address public exposure to contaminants for which safe drinking water standards have been established, including arsenic, disinfection byproducts and uranium. Projects to address emerging contaminants, including perchlorate, chromium 6, and endocrine disrupters shall also be given priority. (f) Grants awarded pursuant to this section may not exceed ten million dollars ($10,000,000) for any one project. (Added by Stats. 2003, Ch. 240, Sec. 31. Effective August 13, 2003.)
  101. 79540.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $100 million is made available for legislative appropriation to the board for competitive grants for specified water-quality purposes.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79540. (a) The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the board for competitive grants for the following purposes: (1) Water pollution prevention. (2) Water reclamation. (3) Water quality improvement. (4) Water quality blending and exchange projects. (5) Drinking water source protection projects. (6) Projects to mitigate pathogen risk from recreational uses at drinking water storage facilities. (b) Priority shall be given to projects that assist in meeting water quality standards established by the board. (c) The Legislature may enact such legislation as is necessary to implement this section. (Added November 5, 2002, by initiative Proposition 50.)
  102. 79540.1.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Grants must be awarded on a statewide competitive basis under Section 79540, and related appropriated funds must comply with Division 20.4 requirements when used for Division 20.4 programs.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79540.1. (a) Grants shall be awarded in accordance with Section 79540 on a statewide competitive basis. (b) To the extent funds appropriated pursuant to Section 79540 are expended for the purposes of programs established under Division 20.4 (commencing with Section 30901) of the Public Resources Code, those funds shall comply with the requirements of that division. (Added by Stats. 2003, Ch. 240, Sec. 32. Effective August 13, 2003.)
  103. 79541.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $100 million is made available for appropriation for river parkway acquisition, restoration, protection, and development.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79541. The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the secretary for the acquisition from willing sellers, restoration, protection, and development of river parkways. The secretary shall allocate this money in accordance with Article 6 (commencing with Section 78682) of Chapter 6 of Division 24 or pursuant to any other statute that provides for the acquisition, restoration, protection, and development of river parkways. Priority shall be given to projects that are implemented pursuant to approved watershed plans and include water quality and watershed protection benefits. This money may also be used to acquire facilities necessary to provide flows to improve water quality downstream. (Added November 5, 2002, by initiative Proposition 50.)
  104. 79542.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $40 million is made available for legislative appropriation to the California Tahoe Conservancy for land and water resource acquisition, restoration, and protection to improve Lake Tahoe water quality.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79542. The sum of forty million dollars ($40,000,000) shall be available for appropriation by the Legislature from the fund to the California Tahoe Conservancy for acquisition from willing sellers, restoration, and protection of land and water resources to improve water quality in Lake Tahoe. (Added November 5, 2002, by initiative Proposition 50.)
  105. 79543.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Up to $100 million is made available for Legislature appropriation to fund water-quality restoration and protection projects, with at least $20 million directed to Santa Monica Bay Restoration Plan priority actions.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79543. (a) The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the board for the purpose of financing projects that restore and protect the water quality and environment of coastal waters, estuaries, bays and nearshore waters, and groundwater. (b) All expenditures, grants, and loans made pursuant to this section shall be consistent with the requirements of Article 5 (commencing with Section 79148) of Chapter 7 of Division 26. (c) Of the money made available pursuant to this section, not less than twenty million dollars ($20,000,000) shall be expended to implement priority actions specified in the Santa Monica Bay Restoration Plan. Money appropriated pursuant to this subdivision shall be allocated as recommended by the Santa Monica Bay Restoration Commission. (d) Money made available pursuant to this section shall supplement, not supplant, money appropriated or available pursuant to that Article 5 (commencing with Section 79148), and no money appropriated pursuant to this section shall be used for a project for which an appropriation was made pursuant to that Article 5 (commencing with Section 79148). (Amended by Stats. 2003, Ch. 493, Sec. 4. Effective January 1, 2004. Note: This section was added on Nov. 5, 2002, by initiative Prop. 50.)
  106. 79544.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $30 million is made available for legislative appropriation from the fund to the secretary for grants to specified local and nonprofit entities.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 5. Clean Water and Water Quality [79540 - 79544] ( Chapter 5 added November 5, 2002, by initiative Proposition 50. ) ## 79544. The sum of thirty million dollars ($30,000,000) shall be available for appropriation by the Legislature from the fund to the secretary for the purpose of grants to local public agencies, local water districts, and nonprofit organizations for acquisition from willing sellers of land and water resources to protect water quality in lakes, reservoirs, rivers, streams and wetlands in the Sierra Nevada-Cascade Mountain Region as defined in Section 5096.347 of the Public Resources Code. (Added November 5, 2002, by initiative Proposition 50.)
  107. 79545.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section makes $100 million available for legislative appropriation for grants, including desalination, contaminant-treatment, and drinking-water disinfection projects.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. ) ## 79545. The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature from the fund to the department for grants for the following projects: (a) Desalination of ocean or brackish waters. Not less than fifty million dollars ($50,000,000) of the money appropriated by this chapter shall be available for desalination projects. To be eligible to receive a grant, at least 50 percent of the total cost of the project shall be met by matching funds or donated services from non-state sources. (b) Pilot and demonstration projects for treatment or removal of the following contaminants: (1) Petroleum products, such as MTBE and BTEX. (2) N-Nitrosodimethylamine (NDMA). (3) Perchlorate. (4) Radionuclides, such as radon, uranium, and radium. (5) Pesticides and herbicides. (6) Heavy metals, such as arsenic, mercury, and chromium. (7) Pharmaceuticals and endocrine disrupters. (c) Drinking water disinfecting projects using ultraviolet technology and ozone treatment. (Added November 5, 2002, by initiative Proposition 50.)
  108. 79546.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Legislature may pass laws needed to implement this chapter.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. ) ## 79546. The Legislature may enact such legislation as is necessary to implement this chapter. (Added November 5, 2002, by initiative Proposition 50.)
  109. 79547.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Funds made available under Section 79545 must be administered under this section, and grants under Section 79545 must be awarded on a statewide competitive basis.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. ) ## 79547. (a) Funds made available pursuant to Section 79545 shall be administered in accordance with this section. (b) Grants shall be awarded in accordance with Section 79545 on a statewide competitive basis. (Added by Stats. 2003, Ch. 240, Sec. 33. Effective August 13, 2003.)
  110. 79547.2.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section sets selection criteria for eligible projects and caps certain grants at $5,000,000.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 6. Contaminant and Salt Removal Technologies [79545 - 79547.2] ( Chapter 6 added November 5, 2002, by initiative Proposition 50. ) ## 79547.2. (a)For the purposes of implementing subdivision (a) of Section 79545, eligible projects shall be selected based on demonstrated need for new or alternative water supplies, project readiness, and the degree to which the project avoids or mitigates adverse environmental impacts. Preference shall be given to eligible projects that incorporate ecosystem restoration and water quality benefits. (b) A grant made pursuant to subdivision (a) of Section 79545 may not exceed five million dollars ($5,000,000). (c) For the purposes of this section, “desalination project” includes construction, planning, engineering, design, environmental assessments, or related work necessary for the construction of a desalination facility, or the construction of a pilot or demonstration facility. (Added by Stats. 2003, Ch. 240, Sec. 34. Effective August 13, 2003.)
  111. 79550.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section makes $825 million available for legislative appropriation for the CALFED Bay-Delta Program and limits how the money may be spent on listed project categories.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79550. The sum of eight hundred twenty-five million dollars ($825,000,000) shall be available for appropriation by the Legislature from the fund for the balanced implementation of the CALFED Bay-Delta Program. Expenditures and grants pursuant to this chapter shall be limited to the following: (a) Fifty million dollars ($50,000,000) for surface water storage planning and feasibility studies. (b) Seventy-five million dollars ($75,000,000) for the water conveyance facilities described in subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190. (c) Seventy million dollars ($70,000,000) for Delta levee restoration. Money expended pursuant to this subdivision shall be subject to Section 79050. (d) One hundred eighty million dollars ($180,000,000) for water supply reliability projects that can be implemented expeditiously and thereby provide near-term benefits, including, but not limited to, projects that facilitate groundwater management and storage, water transfers, and acquisition of water for the CALFED environmental water account. In acquiring water, preference shall be given to long-term water purchase contracts and water rights. Money allocated pursuant to this subdivision shall be subject to Article 4 (commencing with Section 79205.2) of Chapter 9 of Division 26. (e) One hundred eighty million dollars ($180,000,000) for ecosystem restoration program implementation of which not less than twenty million dollars ($20,000,000) shall be allocated for projects that assist farmers in integrating agricultural activities with ecosystem restoration. (f) Ninety million dollars ($90,000,000) for watershed program implementation. (g) One hundred eighty million dollars ($180,000,000) for urban and agricultural water conservation, recycling, and other water use efficiency projects. (Added November 5, 2002, by initiative Proposition 50.)
  112. 79551.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Appropriations under this chapter must include funding for independent scientific review, monitoring, and assessment of project or program expenditure results or effectiveness.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79551. All appropriations pursuant to this chapter shall include money for independent scientific review, monitoring, and assessment of the results or effectiveness of the project or program expenditure. (Added November 5, 2002, by initiative Proposition 50.)
  113. 79552.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Projects financed under this chapter must be consistent with the CALFED Programmatic Record of Decision, including its finance and balanced implementation provisions.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79552. All projects financed pursuant to this chapter shall be consistent with the CALFED Programmatic Record of Decision including its provisions regarding finance and balanced implementation. (Added November 5, 2002, by initiative Proposition 50.)
  114. 79553.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Projects with multiple CALFED benefits get priority, and no more than 5% of chapter funds may be used for administrative costs.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79553. Consistent with the CALFED Programmatic Record of Decision, priority shall be given to projects that achieve multiple benefits across CALFED program elements. Not more than 5 percent of the money available pursuant to this chapter may be used for administrative costs. (Added November 5, 2002, by initiative Proposition 50.)
  115. 79554.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Property bought with money appropriated or granted under Section 79550(e) or (f) must be acquired from willing sellers.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79554. All real property acquired with money appropriated or granted pursuant to subdivision (e) or (f) of Section 79550 shall be acquired from willing sellers. (Added November 5, 2002, by initiative Proposition 50.)
  116. 79555.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    At least 50% of certain CALFED water-account funds must be spent on long-term water purchase contracts, permanent water rights, and related costs.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 7. CALFED Bay-Delta Program [79550 - 79555] ( Chapter 7 added November 5, 2002, by initiative Proposition 50. ) ## 79555. For the 2004–05 fiscal year, and each fiscal year thereafter, not less than 50 percent of the funds made available pursuant to subdivision (d) of Section 79550 for acquisition of water for the CALFED environmental water account shall be expended for long-term water purchase contracts, permanent water rights, and associated costs. (Amended by Stats. 2012, Ch. 728, Sec. 186. (SB 71) Effective January 1, 2013.)
  117. 79560.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $500 million is made available for Legislature appropriation for competitive grants for projects under this section, and certain water storage and environmentally harmful channel modification projects are barred unless fully mitigated.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79560. The sum of five hundred million dollars ($500,000,000) shall be available for appropriation by the Legislature from the fund for competitive grants for projects set forth in this section to protect communities from drought, protect and improve water quality, and improve local water security by reducing dependence on imported water. No project financed pursuant to this section shall include an on-stream surface water storage facility or an off-stream surface water storage facility other than percolation ponds for groundwater recharge in urban areas. No river or stream channel modification project whose construction or operation causes any negative environmental impacts may be financed pursuant to this chapter unless those impacts are fully mitigated. (Added November 5, 2002, by initiative Proposition 50.)
  118. 79560.1.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The department must administer half of the funds and the board must administer the other half. A grant-making state agency must decide, before awarding a grant, whether environmental impacts from a river or stream channel modification will be fully mitigated.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79560.1. (a) The department shall administer 50 percent of the funds, and the board shall administer the remaining 50 percent of the funds, made available to the program described in Sections 79560 and 79561. (b) For projects proposed to be funded pursuant to Section 79560 that include any modification of a river or stream channel, the state agency making the grant, prior to the award of the grant, shall determine whether the environmental impacts resulting from that modification will be fully mitigated by considering all of the impacts of that modification and any mitigation, environmental enhancement, and environmental benefit resulting from the project, and determining whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the project. The costs of mitigation or enhancement may be included in the project costs eligible for funding pursuant to Section 79560. (c) This section shall become operative only if the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 is approved by the voters at the November 5, 2002, statewide general election. (Added by Stats. 2002, Ch. 618, Sec. 1. Effective January 1, 2003. Note: Operational condition in subd. (c) was satisfied by approval of Prop. 50 on Nov. 5, 2002. See Sec. 2 of Ch. 618 for other provisions relating to Prop. 50.)
  119. 79560.5.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The department and the board must jointly develop project solicitation and evaluation guidelines, hold a public meeting for comments first, and post the guidelines on their websites.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79560.5. For the purposes of carrying out this chapter, the department and the board shall jointly develop project solicitation and evaluation guidelines. Before developing the solicitation and evaluation guidelines, the department and the board shall jointly conduct a public meeting to receive public comments on the scope, procedures, and content of the guidelines. Considering the public comments, the department and the board shall jointly develop solicitation and evaluation guidelines that are consistent with law and state programs and policies. The department and the board shall post the solicitation and evaluation guidelines on their respective Internet Web sites. (Added by Stats. 2003, Ch. 240, Sec. 36. Effective August 13, 2003.)
  120. 79561.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Money appropriated under Section 79560 may be used for grants for qualifying water management projects.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79561. Money appropriated in Section 79560 shall be available for grants for water management projects that include one or more of the following elements: (a) Programs for water supply reliability, water conservation, and water use efficiency. (b) Storm water capture, storage, treatment, and management. (c) Removal of invasive non-native plants, the creation and enhancement of wetlands, and the acquisition, protection, and restoration of open space and watershed lands. (d) Non-point source pollution reduction, management, and monitoring. (e) Groundwater recharge and management projects. (f) Contaminant and salt removal through reclamation, desalting, and other treatment technologies. (g) Water banking, exchange, reclamation, and improvement of water quality. (h) Planning and implementation of multipurpose flood control programs that protect property; and improve water quality, storm water capture and percolation; and protect or improve wildlife habitat. (i) Watershed management planning and implementation. (j) Demonstration projects to develop new drinking water treatment and distribution methods. (Added November 5, 2002, by initiative Proposition 50.)
  121. 79561.5.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The department must allocate at least $20 million to competitive grants for groundwater management and recharge projects, and it cannot do so unless it finds the allocation is consistent with the division.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79561.5. (a) Notwithstanding any other provision of law, of the funds appropriated to the department for the purposes of Sections 79560 and 79560.1, the department shall allocate the sum of not less than twenty million dollars ($20,000,000) to competitive grants for groundwater management and recharge projects. The department shall not allocate funds pursuant to this section unless it determines that the allocation is consistent with this division, as approved by the voters at the November 5, 2002, statewide general election. (b) It is the intent of the Legislature that these funds be used to enhance water supply in rapidly growing areas of this state with limited access to imported water supplies. (c) Not more than 50 percent of the grants pursuant to this section shall be for projects in northern California. For projects in southern California, the department shall give preference to projects outside the service area of the Metropolitan Water District of Southern California that are infill projects within one mile of established residential and commercial development. (d) As used in this section, the term “rapidly growing areas” means counties located in southern California where the county population increased by 2.4 percent or more between January 1, 2002, and January 1, 2003. (Amended by Stats. 2004, Ch. 183, Sec. 370. Effective January 1, 2005.)
  122. 79562.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Legislature may appropriate up to 10% of the money available under Section 79560 for statewide groundwater monitoring costs.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79562. An amount, not to exceed 10 percent of the money available for appropriation in Section 79560, may be appropriated by the Legislature for facilities, equipment, and other expenses associated with the establishment of comprehensive statewide groundwater monitoring pursuant to Part 2.76 (commencing with Section 10780) of Division 6. (Added November 5, 2002, by initiative Proposition 50.)
  123. 79562.5.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The department must award grants to eligible projects that fit an adopted integrated regional water management plan, set plan standards, and require a nonstate contribution; it may waive some requirements in specified cases.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79562.5. (a) For the purposes of carrying out Section 79560, the department shall award grants to eligible projects consistent with an adopted integrated regional water management plan. (b) For purposes of subdivision (a), the department shall establish standards for integrated regional water management plans. At a minimum, these plans shall address the major water related objectives and conflicts of the watersheds in the region covered by the plan, including water supply, groundwater management, ecosystem restoration, and water quality elements, and may include other elements consistent with this chapter. (c) The department may waive the requirement for consistency with an adopted integrated regional water management plan until January 1, 2007, if the applicant is engaged in the development of an integrated regional water management plan and indicates, within its grant application, how the project fits into achieving the integrated regional water management plan objectives. (d) The department may waive the matching fund requirement for disadvantaged communities. (e) For groundwater management and recharge projects and for projects with potential groundwater impacts, the board and the department shall give preference to eligible projects in areas subject to a groundwater management plan that meets the requirements of Section 10753.7, or that includes the development of a groundwater management plan as a project component. (f) The maximum award for any single grant pursuant to this section may not exceed fifty million dollars ($50,000,000). (g) The department shall require that eligible projects include a nonstate contribution. (h) For the purposes of implementing Section 79563, and to the extent funds are expended for the purposes of Section 30947 of the Public Resources Code, those funds shall comply with the requirements of that section. (Added by Stats. 2003, Ch. 240, Sec. 38. Effective August 13, 2003.)
  124. 79563.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    At least 50% of the money available for appropriation under Section 79560 must be appropriated to the board, and the board must set procedures for choosing eligible projects.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79563. At least 50 percent of the amount available for appropriation in Section 79560 shall be appropriated to the board. The board shall establish procedures for selecting among eligible projects specified in Section 79561 that use the procedures developed by the board for stakeholder-based accelerated selection and contracting pursuant to Section 79104.32. (Added November 5, 2002, by initiative Proposition 50.)
  125. 79563.5.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The board must fund integrated coastal watershed management plans when money is appropriated for that purpose and the use is consistent with this section.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79563.5. (a) The board, to the extent that funds are appropriated pursuant to Section 79563 of the Water Code for purposes that are consistent with this section, shall fund the development of one or more integrated coastal watershed management plans. (b) The plans shall be designed to allow for the integration of projects funded by the State Coastal Conservancy pursuant to Chapter 5.5 (commencing with Section 31220) of Division 21 of the Public Resources Code, and projects funded by the board pursuant to Chapter 3 (commencing with Section 30915) and Article 5 (commencing with Section 30945) of Chapter 4, of Division 20.4 of the Public Resources Code, within one or more coastal regions. (c) The planning areas shall be selected by the board in consultation with the State Coastal Conservancy and the Department of Fish and Game and shall include coastal watersheds that influence water quality in areas of special biological significance. (d) The board may only expend funds for the purposes of this section to the extent the board determines that the expenditures are consistent with the requirements of this chapter. (Added by Stats. 2003, Ch. 493, Sec. 5. Effective January 1, 2004.)
  126. 79564.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    A project can qualify for financing under Section 79563 only if it meets two listed criteria.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79564. To be eligible for financing pursuant to Section 79563, a project shall meet both of the following criteria: (a) The project is consistent with an adopted integrated water management plan designed to improve regional water supply reliability, water recycling, water conservation, water quality improvement, storm water capture and management, flood management, recreation and access, wetlands enhancement and creation, and environmental and habitat protection and improvement. (b) The project includes matching funds or donated services from non-state sources. (Added November 5, 2002, by initiative Proposition 50.)
  127. 79564.1.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    At least 40% of the funds made available by Section 79560 must be available for eligible projects in northern California, and at least 40% for eligible projects in southern California, subject to the administering agency’s determination that each project meets this chapter’s requirements.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79564.1. (a) Of the funds made available by Section 79560, not less than 40 percent shall be available for eligible projects in northern California and not less than 40 percent be available for eligible projects in southern California, subject to a determination by the administering agency that each project meets all of the requirements of this chapter. (b) For the purposes of this section, “southern California” means the Counties of San Diego, Imperial, Riverside, Orange, Los Angeles, Santa Barbara, San Bernardino, and Ventura. (c) For the purposes of this section, “northern California” means all California counties except those identified in subdivision (b). (Added by Stats. 2003, Ch. 240, Sec. 39. Effective August 13, 2003.)
  128. 79565.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $140 million is continuously appropriated to the Wildlife Conservation Board for land and water resource acquisition and related grants.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 8. Integrated Regional Water Management [79560 - 79565] ( Chapter 8 added November 5, 2002, by initiative Proposition 50. ) ## 79565. Notwithstanding Section 13340 of the Government Code, the sum of one hundred forty million dollars ($140,000,000) is hereby continuously appropriated from the fund to the Wildlife Conservation Board, without regard to fiscal years, for expenditure by the board and for grants, for the acquisition from willing sellers of land and water resources, including the acquisition of conservation easements, to protect regional water quality, protect and enhance fish and wildlife habitat, and to assist local public agencies in improving regional water supply reliability. (Added November 5, 2002, by initiative Proposition 50.)
  129. 79567.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 9. Colorado River [79567 - 79568] ( Chapter 9 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $20 million is made available for legislative appropriation to the department for canal lining and related projects that reduce Colorado River water use.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 9. Colorado River [79567 - 79568] ( Chapter 9 added November 5, 2002, by initiative Proposition 50. ) ## 79567. The sum of twenty million dollars ($20,000,000) shall be available for appropriation by the Legislature from the fund to the department for grants for canal lining and related projects necessary to reduce Colorado River water use pursuant to the California Colorado River Water Use Plan adopted by the Colorado River Board of California. (Added November 5, 2002, by initiative Proposition 50.)
  130. 79568.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 9. Colorado River [79567 - 79568] ( Chapter 9 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $50 million is made available for Legislature appropriation for the Wildlife Conservation Board, and the money cannot be used to cover private parties’ regulatory mitigation obligations.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 9. Colorado River [79567 - 79568] ( Chapter 9 added November 5, 2002, by initiative Proposition 50. ) ## 79568. (a) The sum of fifty million dollars ($50,000,000) shall be available for appropriation by the Legislature from the fund to the Wildlife Conservation Board for the acquisition, protection, and restoration of land and water resources necessary to meet state obligations for regulatory requirements related to California’s allocation of water supplies from the Colorado River. No money allocated pursuant to this section may be used to supplant or pay for the regulatory mitigation obligations of private parties under state or federal law. (b) All real property acquired pursuant to this section shall be acquired from willing sellers. (Added November 5, 2002, by initiative Proposition 50.)
  131. 79570.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $200 million is made available for appropriation to protect coastal watersheds, with set amounts directed to named conservancies and specified watershed protection uses.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. ) ## 79570. The sum of two hundred million dollars ($200,000,000) shall be available for appropriation by the Legislature from the fund for expenditures and grants for the purpose of protecting coastal watersheds, including, but not limited to, acquisition, protection, and restoration of land and water resources and associated planning, permitting, and administrative costs, in accordance with the following schedule: (a) The sum of one hundred twenty million dollars ($120,000,000) to the State Coastal Conservancy for coastal watershed protection pursuant to Division 21 (commencing with Section 31000) of the Public Resources Code. (b) The sum of twenty million dollars ($20,000,000) to the State Coastal Conservancy for expenditure for the San Francisco Bay Conservancy Program for coastal watershed protection pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code. (c) The sum of forty million dollars ($40,000,000) to the Santa Monica Mountains Conservancy. Twenty million dollars ($20,000,000) of this sum shall be expended for protection of the Los Angeles River watershed upstream of the northernmost boundary of the City of Vernon, and twenty million dollars ($20,000,000) shall be expended for protection of the Santa Monica Bay and Ventura County coastal watersheds, pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code. (d) The sum of twenty million dollars ($20,000,000) to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for protection of the San Gabriel and lower Los Angeles River watersheds pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code. (Added November 5, 2002, by initiative Proposition 50.)
  132. 79571.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Ten percent of the money allocated under Section 79570 must be used for grants supporting facilities that promote public access and participation in conservation of land, water, and wildlife resources.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. ) ## 79571. Ten percent of the money allocated in each of the categories in Section 79570 shall be used for grants for the acquisition and development of facilities to promote public access to and participation in the conservation of land, water, and wildlife resources. Eligible projects include, but are not limited to, the following: (a) Training and research facilities for watershed protection and water conservation activities conducted by nonprofit organizations. Priority shall be given to projects operated by nonprofit organizations in collaboration with the University of California and public water agencies. (b) Nature centers that are in or adjacent to watersheds and wetlands identified for protection pursuant to this chapter, that provide wildlife viewing, outdoor experiences, and conservation education programs to the public and to students. Priority shall be given to projects that are operated by or in cooperation with nonprofit organizations and are designed to serve children from urban areas that lack access to natural areas and outdoor education programs. (Added November 5, 2002, by initiative Proposition 50.)
  133. 79572.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section appropriates $750 million to the Wildlife Conservation Board for coastal wetlands, adjacent upland areas, and coastal watershed lands, with spending limits and location-specific priorities.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. ) ## 79572. (a) Notwithstanding Section 13340 of the Government Code, the sum of seven hundred fifty million dollars ($750,000,000) is hereby continuously appropriated from the fund to the Wildlife Conservation Board, without regard to fiscal years, for the acquisition, protection, and restoration of coastal wetlands, upland areas adjacent to coastal wetlands, and coastal watershed lands. Money appropriated pursuant to this section shall be for the acquisition, protection, and restoration of lands in or adjacent to urban areas. Eligible projects shall be limited to the following: (1) Acquisition, protection, and restoration of coastal wetlands identified in the Southern California Coastal Wetlands Inventory as of January 1, 2001, published by the State Coastal Conservancy, located within the coastal zone, and other wetlands connected and proximate to such coastal wetlands, and upland areas adjacent and proximate to such coastal wetlands, or coastal wetlands identified for acquisition, protection, and restoration in the San Francisco Baylands Ecosystem Habitat Goals Report, and upland areas adjacent to the identified wetlands. (2) Acquisition, protection, and restoration of coastal watershed and adjacent lands located in Los Angeles, Ventura, and Santa Barbara Counties. Any project financed pursuant to this paragraph within the Santa Monica Mountains Zone, as defined in Section 33105 of the Public Resources Code, shall be by grant from the Wildlife Conservation Board to the Santa Monica Mountains Conservancy. Any project financed pursuant to this paragraph within the Baldwin Hills area, as defined in Section 32553 of the Public Resources Code, shall be by grant from the Wildlife Conservation Board to the Baldwin Hills Conservancy. (b) Not less than three hundred million dollars ($300,000,000) of the amount appropriated in this section shall be expended or granted for projects within Los Angeles and Ventura Counties. Of the remaining funds available pursuant to this section the Wildlife Conservation Board shall give priority to the acquisition of not less than 100 acres consisting of upland mesa areas, including wetlands therein, adjacent to the state ecological reserve in the Bolsa Chica wetlands in Orange County. (c) Not more than two hundred million dollars ($200,000,000) of the amount appropriated in this section may be expended or granted for projects in the San Francisco Bay area, as described in Section 31162 of the Public Resources Code. Any project within the San Francisco Bay area may be by grant from the Wildlife Conservation Board to the State Coastal Conservancy. (Added November 5, 2002, by initiative Proposition 50.)
  134. 79573.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Acquisitions under Section 79572 cannot be purchased above fair market value, and real property acquired under this chapter must come from willing sellers.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10. Coastal Watershed and Wetland Protection [79570 - 79573] ( Chapter 10 added November 5, 2002, by initiative Proposition 50. ) ## 79573. (a) The purchase price for each acquisition made pursuant to Section 79572 shall not exceed the fair market value of the property as defined in Section 1263.320 of the Code of Civil Procedure. Fair market value shall be determined by an appraisal that is prepared by a licensed real estate appraiser and approved by the Wildlife Conservation Board and the Department of General Services. (b) All real property acquired pursuant to this chapter shall be acquired from willing sellers. (Added November 5, 2002, by initiative Proposition 50.)
  135. 79575.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10.5. Reporting [79575- 79575.] ( Chapter 10.5 added by Stats. 2003, Ch. 240, Sec. 40. )

    Verify source ↗

    State agencies that spend these funds must file an annual report to the Legislature with award recipients, amounts, and related funding data.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 10.5. Reporting [79575- 79575.] ( Chapter 10.5 added by Stats. 2003, Ch. 240, Sec. 40. ) ## 79575. Not later than January 1, 2005, and on or before January 1 of each year thereafter, each state agency expending funds pursuant to this division for projects, grants, or loans shall report to the Legislature on the recipient and amount of each project, grant, or loan awarded under this division during the previous fiscal year. The information shall include the total amount awarded, categorized by project, grant, or loan, the geographic distribution of projects, grants, or loans awarded under this division, and the intended public and environmental benefit that the awards provide. The information shall also include data on the balances of funds available under this division for expenditures and grants in that fiscal year and future fiscal years. (Added by Stats. 2003, Ch. 240, Sec. 40. Effective August 13, 2003.)
  136. 79580.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Up to $3,440,000,000 in bonds may be issued and sold for the division’s purposes and to reimburse a bond expense fund; the proceeds must be deposited in the specified fund, and California backs payment of principal and interest.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79580. Bonds in the total amount of three billion four hundred forty million dollars ($3,440,000,000), not including the amount of any refunding bonds issued in accordance with Section 79588, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes set forth in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bond proceeds shall be deposited in the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created by Section 79510. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of and interest on the bonds as they become due and payable. (Added November 5, 2002, by initiative Proposition 50.)
  137. 79581.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Bonds authorized by this division must be handled under the State General Obligation Bond Law.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79581. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all provisions of that law shall apply to the bonds and to this division and are hereby incorporated in this division by this reference as though fully set forth in this division. (Added November 5, 2002, by initiative Proposition 50.)
  138. 79582.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section creates a finance committee for bond issuance and sale, sets its membership, makes the Treasurer its chairperson, and lets a majority act for the committee.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79582. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is hereby created. For purposes of this division, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance Committee is “the committee” as that term is used by the State General Obligation Bond Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of this chapter and the State General Obligation Bond Law, the secretary is designated as “the board.” (Added November 5, 2002, by initiative Proposition 50.)
  139. 79583.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The committee must decide whether bond issuance is necessary or desirable and, if so, how much to issue and sell.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79583. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added November 5, 2002, by initiative Proposition 50.)
  140. 79584.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Certain revenue officers must collect, annually, an additional sum needed to pay bond principal and interest.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79584. There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do so and perform each and every act that is necessary to collect that additional sum. (Added November 5, 2002, by initiative Proposition 50.)
  141. 79585.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section appropriates money from the General Fund for this division, including amounts needed to pay bond principal and interest and to carry out Section 79586.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79585. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for purposes of this division, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 79586, appropriated without regard to fiscal years. (Added November 5, 2002, by initiative Proposition 50.)
  142. 79586.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this division, up to the amount of unsold bonds authorized for sale. Withdrawn amounts must be deposited in the fund, and money made available under this section must be repaid to the General Fund with interest.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79586. For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this division. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds that would otherwise be deposited in that fund. (Added November 5, 2002, by initiative Proposition 50.)
  143. 79587.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Money from bond premiums and accrued interest must be reserved and may be transferred to the General Fund to credit bond-interest expenditures.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79587. All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added November 5, 2002, by initiative Proposition 50.)
  144. 79588.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Bonds issued or sold under this division may be refunded with refunding bonds.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79588. Any bonds issued or sold pursuant to this division may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of the bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added November 5, 2002, by initiative Proposition 50.)
  145. 79589.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    This section declares that bond-sale proceeds under this division are not “proceeds of taxes,” so their disbursement is not subject to the constitutional limitation in Article XIII B.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79589. The people of California hereby find and declare that inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitation imposed by that article. (Added November 5, 2002, by initiative Proposition 50.)
  146. 79590.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    Bond issuance costs must be paid from bond proceeds, shared proportionally among the programs funded under this division, and certain program administration costs must be paid from the funds authorized for those purposes.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79590. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded under this division. Actual costs incurred in connection with administering programs authorized under the categories specified in this division shall be paid by the funds authorized for those purposes by this division. (Added by Stats. 2003, Ch. 240, Sec. 41. Effective August 13, 2003.)
  147. 79591.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. )

    Verify source ↗

    $95 million of unissued bonds is reallocated for Division 26.7 purposes.

    ## Water Code - WAT ## DIVISION 26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 [79500 - 79591] ( Division 26.5 added November 5, 2002, by initiative Proposition 50, a bond act. ) ## CHAPTER 11. Fiscal Provisions [79580 - 79591] ( Chapter 11 added November 5, 2002, by initiative Proposition 50. ) ## 79591. Notwithstanding any other law, ninety-five million dollars ($95,000,000) of the unissued bonds authorized for the purposes of this division are reallocated for the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700). The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this division. (Added by Stats. 2014, Ch. 188, Sec. 6. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  148. 79700.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 1. Short Title [79700- 79700.] ( Chapter 1 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This division may be cited as the Water Quality, Supply, and Infrastructure Improvement Act of 2014.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 1. Short Title [79700- 79700.] ( Chapter 1 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79700. This division shall be known, and may be cited, as the Water Quality, Supply, and Infrastructure Improvement Act of 2014. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  149. 79701.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 2. Findings [79701- 79701.] ( Chapter 2 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section states California’s findings about the need to protect water supply, water quality, and water infrastructure.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 2. Findings [79701- 79701.] ( Chapter 2 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79701. The people of California find and declare all of the following: (a) Safeguarding California’s supply of clean and safe water for homes, businesses, and farms is an essential responsibility of government, and critical to protecting the quality of life for all Californians. (b) Every Californian should have access to clean, safe, and reliable drinking water. (c) California has been experiencing more frequent and severe droughts and is currently enduring the worst drought in 200 years. These droughts are magnifying the shortcomings of our current water infrastructure. (d) California’s water infrastructure continues to age and deteriorate. More than 50 years ago, Californians approved the construction of the State Water Project. In recent decades, however, that infrastructure has proven inadequate to meet California’s growing needs. (e) This measure provides funding to implement the three objectives of the California Water Action Plan which are more reliable water supplies, the restoration of important species and habitat, and a more resilient and sustainably managed water infrastructure. (f) Developing and guarding our water resources is critical for California to maintain vibrant communities, globally competitive agriculture, and healthy ecosystems. (g) Encouraging water conservation and recycling are commonsense methods to make more efficient use of existing water supplies. (h) Sustainable water management in California depends upon reducing and reversing overdraft and water quality impairment of groundwater basins. Investments to expand groundwater storage and reduce and reverse overdraft and water quality impairment of groundwater basins provide extraordinary public benefit and are in the public interest. (i) Protecting lakes, rivers, and streams, cleaning up polluted groundwater supplies, and preserving water sources that supply the entire state are crucial to providing a reliable supply of water and protecting the state’s natural resources. (j) The Water Quality, Supply, and Infrastructure Improvement Act of 2014 provides a comprehensive and fiscally responsible approach for addressing the varied challenges facing California’s water resources. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  150. 79702.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 3. Definitions [79702- 79702.] ( Chapter 3 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section defines terms used in this division, including several agencies, programs, geographic areas, water-related concepts, and size/income thresholds.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 3. Definitions [79702- 79702.] ( Chapter 3 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79702. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division, as follows: (a) “Acquisition” means obtaining a fee interest or any other interest in real property, including easements, leases, water, water rights, or interest in water obtained for the purposes of instream flows and development rights. (b) “CALFED Bay-Delta Program” means the program described in the Record of Decision dated August 28, 2000. (c) “Commission” means the California Water Commission. (d) “Committee” means the Water Quality, Supply, and Infrastructure Improvement Finance Committee created by Section 79787. (e) “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 85058. (f) “Delta conveyance facilities” means facilities that convey water directly from the Sacramento River to the State Water Project or the federal Central Valley Project pumping facilities in the south Delta. (g) “Delta counties” means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. (h) “Delta plan” has the meaning set forth in Section 85059. (i) “Director” means the Director of Water Resources. (j) “Disadvantaged community” has the meaning set forth in subdivision (a) of Section 79505.5, as it may be amended. (k) “Economically distressed area” means a municipality with a population of 20,000 persons or less, a rural county, or a reasonably isolated and divisible segment of a larger municipality where the segment of the population is 20,000 persons or less, with an annual median household income that is less than 85 percent of the statewide median household income, and with one or more of the following conditions as determined by the department: (1) Financial hardship. (2) Unemployment rate at least 2 percent higher than the statewide average. (3) Low population density. (l) “Fund” means the Water Quality, Supply, and Infrastructure Improvement Fund of 2014 created by Section 79715. (m) “Instream flows” means a specific streamflow, measured in cubic feet per second, at a particular location for a defined time, and typically follows seasonal variations. (n) “Integrated regional water management plan” has the meaning set forth in Part 2.2 (commencing with Section 10530) of Division 6, as that part may be amended. (o) “Long-term” means for a period of not less than 20 years. (p) “Nonprofit organization” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code. (q) “Proposition 1E” means the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Chapter 1.699 (commencing with Section 5096.800) of Division 5 of the Public Resources Code). (r) “Proposition 84” means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code). (s) “Public agency” means a state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state. (t) “Rainwater” has the meaning set forth in subdivision (c) of Section 10573. (u) “Secretary” means the Secretary of the Natural Resources Agency. (v) “Severely disadvantaged community” has the meaning set forth in Section 116760.20 of the Health and Safety Code. (w) “Small community water system” means a community water system that serves no more than 3,300 service connections or a year-long population of no more than 10,000 persons. (x) “State board” means the State Water Resources Control Board. (y) “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). (z) “State small water system” has the meaning set forth in subdivision (n) of Section 116275 of the Health and Safety Code. (aa) “Stormwater” has the meaning set forth in subdivision (e) of Section 10573. (ab) “Water right” means a legal entitlement authorizing water to be diverted from a specified source and put to a beneficial, nonwasteful use. (Amended by Stats. 2015, Ch. 673, Sec. 38. (AB 1531) Effective January 1, 2016. Note: This section was added by Stats. 2014, Ch. 188, and approved in Prop. 1 on Nov. 4, 2014.)
  151. 79703.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Up to 5% of grant-program funds under this division may be used to pay the program’s administrative costs.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79703. An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  152. 79704.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Up to 10% of program funds may be used for planning and monitoring, and monitoring data must be collected and reported to the relevant state bodies in compatible formats.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79704. Unless otherwise specified, up to 10 percent of funds allocated for each program funded by this division may be expended for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the annual Budget Act for a capital outlay project or grant project. Water quality monitoring data shall be collected and reported to the state board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the state board. Watershed monitoring data shall be collected and reported to the Department of Conservation in a manner that is compatible and consistent with the statewide watershed program administered by the Department of Conservation. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  153. 79705.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Chapter 3.5 of the Government Code does not apply to development or implementation of programs or projects authorized or funded under this division, except Chapter 8.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79705. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development or implementation of programs or projects authorized or funded under this division other than Chapter 8 (commencing with Section 79750). (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  154. 79706.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Before giving out grants or loans under this division, qualifying state agencies must create project solicitation and evaluation guidelines, hold public meetings, and share the draft and adopted guidelines with specified recipients.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79706. (a) Prior to disbursing grants or loans pursuant to this division, each state agency that receives an appropriation from the funding made available by this division to administer a competitive grant or loan program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants or loans to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines. (b) Prior to disbursing grants or loans, the state agency shall conduct three public meetings to consider public comments prior to finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. Upon adoption, the state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  155. 79707.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section states policy goals for projects and agencies using funds under the division, including using the best available science, adding public signage when practicable, and keeping funded projects consistent with related planning laws.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79707. It is the intent of the people that: (a) The investment of public funds pursuant to this division will result in public benefits that address the most critical statewide needs and priorities for public funding. (b) In the appropriation and expenditure of funding authorized by this division, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit. (c) A funded project advances the purposes of the chapter from which the project received funding. (d) In making decisions regarding water resources, state and local water agencies will use the best available science to inform those decisions. (e) Special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including, but not limited to, water supply, flood control, land use, and sanitation. (f) Evaluation of projects considered for funding pursuant to this division will include review by professionals in the fields relevant to the proposed project. (g) To the extent practicable, a project supported by funds made available by this division will include signage informing the public that the project received funds from the Water Quality, Supply, and Infrastructure Improvement Act of 2014. (h) Projects funded with proceeds from this division will be consistent with Division 7 (commencing with Section 13000) of this code and Section 13100 of the Government Code. (i) Projects funded with proceeds from this division will promote state planning priorities consistent with the provisions of Section 65041.1 of the Government Code and sustainable communities strategies consistent with the provisions of subparagraph (B) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, to the extent feasible. (j) California’s working agricultural and forested landscapes will be preserved wherever possible. To the extent feasible, watershed objectives included in this division should be achieved through use of conservation easements and voluntary landowner participation, including, but not limited to, the use of easements pursuant to Division 10.2 (commencing with Section 10200) and Division 10.4 (commencing with Section 10330) of the Public Resources Code and voluntary habitat credit exchange mechanisms. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  156. 79708.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The Department of Finance must arrange an independent audit of expenditures, and several state officials must publish, post, submit, verify, or require reporting for projects and funds under this division.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79708. (a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. The secretary shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the Natural Resources Agency’s Internet Web site. (b) If an audit, required by statute, of any entity that receives funding authorized by this division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity. (c) The state agency issuing any grant or loan with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant or loan. (d) Prior to soliciting projects pursuant to this division, state agencies shall submit guidelines to the secretary. The secretary shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this division. The secretary shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agency’s Internet Web site. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  157. 79708.5.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The secretary must post information about changes to project timelines and project spending on the Natural Resources Agency’s website.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79708.5. In addition to the information required pursuant to Section 79708, in order to facilitate oversight of funding and projects, the secretary shall post on the Natural Resources Agency’s Internet Web site information on changes to project timelines and project spending. (Added by Stats. 2015, Ch. 27, Sec. 19. (SB 88) Effective June 24, 2015.)
  158. 79709.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Money spent under this division must follow Section 1707 for permanent water dedications, follow Sections 1735-1737 for long-term water transfers when approved by the state board, and be used only for qualifying fisheries or ecosystem projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79709. (a) Funds expended pursuant to this division for the acquisition of a permanent dedication of water shall be in accordance with Section 1707 where the state board specifies that the water is in addition to water that is required for regulatory requirements as provided in subdivision (c) of Section 1707. The expenditure of funds provided by this division may include the initiation of the dedication as a short term or temporary urgency change, that is approved in accordance with Section 1707 and either Chapter 6.6 (commencing with Section 1435) of, or Chapter 10.5 (commencing with Section 1725) of, Part 2 of Division 2, during the period required to prepare any environmental documentation and for approval of permanent dedication. (b) Funds expended pursuant to this division for the acquisition of long-term transfers of water shall be transfers in accordance with Sections 1735, 1736, and 1737 if the state board, after providing notice and opportunity for a hearing, approves such a petition. Funds expended pursuant to this division shall prioritize permanent transfers. Long-term transfers shall be for a period of not less than 20 years, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). (c) Funds expended pursuant to this division for any acquisition of water shall only be done pursuant to this section and shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations in effect at the time the funds from this division are made available for the project and funds shall not be credited to any measures or obligations, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  159. 79710.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section limits how certain funds may be used, requires the Delta Conservancy to coordinate with specified local and state entities, and requires certain acquisitions to be from willing sellers only.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79710. (a) Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities. (b) To the extent feasible, in implementing subdivision (k) of Section 79731, the Sacramento-San Joaquin Delta Conservancy shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds available to the Sacramento-San Joaquin Delta Conservancy pursuant to subdivision (k) of Section 79731 may be used, in consultation with the Department of Fish and Wildlife, for payments to landowners for the creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species. The Sacramento-San Joaquin Delta Conservancy may develop and implement a competitive program for habitat enhancements that maximizes voluntary landowner participation in projects that provide measurable and long-lasting habitat or species improvements in the Delta. These funds shall not be used to subsidize or decrease the mitigation obligations of any party. (c) In implementing subdivision (k) of Section 79731, the Sacramento-San Joaquin Delta Conservancy shall coordinate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired and with the Delta Protection Commission. Acquisitions by the Sacramento-San Joaquin Delta Conservancy pursuant to subdivision (k) of Section 79731 shall be from willing sellers only. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  160. 79711.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section limits how the division can affect water-rights laws, agency authority, river protections, and land funding/use.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79711. (a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections 12200 to 12220, inclusive. (b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1, 2014. (c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2, including petitions related to any new conveyance constructed or operated in accordance with Chapter 2 (commencing with Section 85320) of Part 4 of Division 35. (d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the state board’s regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections 106 and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the state board’s existing authority to regulate the diversion and use of water or the courts’ existing concurrent jurisdiction over California water rights. (e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code) or the federal Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271 et seq.) and funds authorized pursuant to this division shall not be available for any project that could have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act. (f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section 85000)) or any other applicable law, including, but not limited to, Division 22.3 (commencing with Section 32300) of the Public Resources Code. (g) Funds provided by this division shall not be used to acquire land via eminent domain. (h) Notwithstanding any other law, any agency acquiring land pursuant to this division may use the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with Section 37000) of the Public Resources Code). (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  161. 79712.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section lists who may be eligible for funding and sets eligibility conditions for certain water-related applicants.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79712. (a) Eligible applicants under this division are public agencies, nonprofit organizations, public utilities, federally recognized Indian tribes, state Indian tribes listed on the Native American Heritage Commission’s California Tribal Consultation List, and mutual water companies. (b) (1) To be eligible for funding under this division, a project proposed by a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors. (2) To be eligible for funding under this division, an urban water supplier shall adopt and submit an urban water management plan in accordance with the Urban Water Management Planning Act (Part 2.6 (commencing with Section 10610) of Division 6). (3) To be eligible for funding under this division, an agricultural water supplier shall adopt and submit an agricultural water management plan in accordance with the Agricultural Water Management Planning Act (Part 2.8 (commencing with Section 10800) of Division 6). (4) In accordance with Section 10608.56, an agricultural water supplier or an urban water supplier is ineligible for funding under this division unless it complies with the requirements of Part 2.55 (commencing with Section 10608) of Division 6. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  162. 79713.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The Legislature may pass laws needed to carry out programs funded by this division, unless Section 79760 provides otherwise.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79713. The Legislature may enact legislation necessary to implement programs funded by this division, except as otherwise provided in Section 79760. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  163. 79714.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Some state agencies may be eligible for appropriations from this division, but the Legislature may not appropriate this funding to a specific project. Funded projects may use the California Conservation Corps or certified community conservation corps services.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79714. (a) Unless otherwise specified, any state agency that has the statutory authority to implement one or more of the purposes specified in this bond may be eligible for appropriations from the funding made available by this division. (b) Funding made available by this division shall not be appropriated by the Legislature to a specific project. (c) Projects funded pursuant to this division may use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  164. 79715.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Bond proceeds from this division must be deposited into the Water Quality, Supply, and Infrastructure Improvement Fund of 2014 in the State Treasury.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79715. The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, which is hereby created in the State Treasury. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  165. 79716.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    State agencies receiving this funding must set success metrics and report project status and all uses of the money on the state bond accountability website.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79716. Each state agency that receives an appropriation of funding made available by this division shall be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state’s bond accountability Internet Web site, as provided by statute. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  166. 79716.5.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    State agencies receiving funding under this division must evaluate funded projects, report that evaluation, and hold grantees accountable for finishing on time and within scope.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 4. General Provisions [79703 - 79716.5] ( Chapter 4 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79716.5. Each state agency that receives an appropriation of funding made available by this division shall do the following: (a) Evaluate the outcomes of projects funded by this division. (b) Include in the agency’s reporting pursuant to Section 79716 the evaluation described in subdivision (a). (c) Hold a grantee of funds accountable for completing projects funded by this division on time and within scope. (Added by Stats. 2015, Ch. 27, Sec. 20. (SB 88) Effective June 24, 2015.)
  167. 79720.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $520 million is available, after legislative appropriation from the fund, for projects, grants, and loans that improve water quality or provide clean, safe, and reliable drinking water.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79720. The sum of five hundred twenty million dollars ($520,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures, grants, and loans for projects that improve water quality or help provide clean, safe, and reliable drinking water to all Californians. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  168. 79721.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Projects funded under this chapter must help improve water quality for a beneficial use.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79721. The projects eligible for funding pursuant to this chapter shall help improve water quality for a beneficial use. The purposes of this chapter are to: (a) Reduce contaminants in drinking water supplies regardless of the source of the water or the contamination. (b) Assess and prioritize the risk of contamination to drinking water supplies. (c) Address the critical and immediate needs of disadvantaged, rural, or small communities that suffer from contaminated drinking water supplies, including, but not limited to, projects that address a public health emergency. (d) Leverage other private, federal, state, and local drinking water quality and wastewater treatment funds. (e) Reduce contaminants in discharges to, and improve the quality of, waters of the state. (f) Prevent further contamination of drinking water supplies. (g) Provide disadvantaged communities with public drinking water infrastructure that provides clean, safe, and reliable drinking water supplies that the community can sustain over the long term. (h) Ensure access to clean, safe, reliable, and affordable drinking water for California’s communities. (i) Meet primary and secondary safe drinking water standards or remove contaminants identified by the state or federal government for development of a primary or secondary drinking water standard. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  169. 79722.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Funding under this chapter may be used for certain contaminants, including nitrates, perchlorate, arsenic, and others.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79722. The contaminants that may be addressed with funding pursuant to this chapter may include, but shall not be limited to, nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic, selenium, hexavalent chromium, mercury, PCE (perchloroethylene), TCE (trichloroethylene), DCE (dichloroethene), DCA (dichloroethane), 1,2,3-TCP (trichloropropane), carbon tetrachloride, 1,4-dioxane, 1,4-dioxacyclohexane, nitrosodimethylamine, bromide, iron, manganese, and uranium. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  170. 79723.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $260 million is made available for deposit in a small community grant fund for wastewater treatment projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79723. Of the funds authorized by Section 79720, two hundred sixty million dollars ($260,000,000) shall be available for deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund created pursuant to Section 13477.6 for grants for wastewater treatment projects. Priority shall be given to projects that serve disadvantaged communities and severely disadvantaged communities, and to projects that address public health hazards. Projects may include, but not be limited to, projects that identify, plan, design, and implement regional mechanisms to consolidate wastewater systems or provide affordable treatment technologies. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  171. 79724.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section authorizes funding for drinking water infrastructure, technical assistance, and a reserve fund, and gives the state board related grant and implementation powers.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79724. (a) (1) Of the funds authorized by Section 79720, two hundred sixty million dollars ($260,000,000) shall be available for grants and loans for public water system infrastructure improvements and related actions to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given to projects that provide treatment for contamination or access to an alternate drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards identified by the state board. Eligible recipients serve disadvantaged communities and are public water systems or public agencies. The state board may make grants for the purpose of financing feasibility studies and to meet the eligibility requirements for a construction grant. Eligible expenses may include initial operation and maintenance costs for systems serving disadvantaged communities. Priority shall be given to projects that provide shared solutions for multiple communities, at least one of which is a disadvantaged community that lacks safe, affordable drinking water and is served by a small community water system, state small water system, or a private well. Construction grants shall be limited to five million dollars ($5,000,000) per project, except that the state board may set a limit of not more than twenty million dollars ($20,000,000) for projects that provide regional benefits or are shared among multiple entities, at least one of which shall be a small disadvantaged community. Not more than 25 percent of a grant may be awarded in advance of actual expenditures. (2) For the purposes of this subdivision, “initial operation and maintenance costs” means those initial, eligible, and reimbursable costs under a construction funding agreement that are incurred up to, and including, initial startup testing of the constructed project in order to deem the project complete. Initial operation and maintenance costs are eligible to receive funding pursuant to this section for a period not to exceed two years. (b) The administering entity may expend up to twenty-five million dollars ($25,000,000) of the funds allocated in subdivision (a) for technical assistance to eligible communities. (c) The state board shall deposit up to two million five hundred thousand dollars ($2,500,000) of the funds available pursuant to this section into the Drinking Water Capital Reserve Fund, which is hereby created in the State Treasury. Moneys in the Drinking Water Capital Reserve Fund shall be available, upon appropriation by the Legislature, and shall be administered by the state board for the purpose of serving as matching funds for disadvantaged communities. The state board shall develop criteria to implement this subdivision. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  172. 79725.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section sets funding rules: a project generally needs at least a 50% local cost share, at least 10% of available funds must go to severely disadvantaged communities, and up to 15% may go to technical assistance.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79725. (a) For the purposes of awarding funding under this chapter, a local cost share of not less than 50 percent of the total costs of the project shall be required. The cost-sharing requirement may be waived or reduced for projects that directly benefit a disadvantaged community or an economically distressed area. (b) At least 10 percent of the funds available pursuant to this chapter shall be allocated for projects serving severely disadvantaged communities. (c) Up to 15 percent of the funds available pursuant to this chapter may be allocated for technical assistance to disadvantaged communities. The agency administering this funding shall operate a multidisciplinary technical assistance program for small and disadvantaged communities. (d) Funding for planning activities, including technical assistance, to benefit disadvantaged communities may exceed 15 percent of the funds allocated, subject to the determination of the need for additional planning funding by the state agency administering the funding. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  173. 79726.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Funds appropriated for Section 79724 must be deposited in the Safe Drinking Water State Revolving Fund before they are spent.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 5. Clean, Safe and Reliable Drinking Water [79720 - 79726] ( Chapter 5 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79726. For the purpose of providing the state share needed to leverage federal funds to assist communities in providing safe drinking water, any funds appropriated for the purposes of Section 79724 shall be available for deposit in the Safe Drinking Water State Revolving Fund, created by Section 116760.30 of the Health and Safety Code, prior to expenditure. (Added by Stats. 2015, Ch. 673, Sec. 39. (AB 1531) Effective January 1, 2016.)
  174. 79730.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $1,495,000,000 is made available, subject to legislative appropriation, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79730. The sum of one billion four hundred ninety-five million dollars ($1,495,000,000) shall be available, upon appropriation by the Legislature from the fund, in accordance with this chapter, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  175. 79731.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section allocates $327.5 million from Section 79730 for multibenefit water quality, water supply, and watershed protection and restoration projects, with specified amounts assigned to named conservancies and related bodies.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79731. Of the funds authorized by Section 79730, the sum of three hundred twenty-seven million five hundred thousand dollars ($327,500,000) shall be allocated for multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds of the state in accordance with the following schedule: (a) Baldwin Hills Conservancy, ten million dollars ($10,000,000). (b) California Tahoe Conservancy, fifteen million dollars ($15,000,000). (c) Coachella Valley Mountains Conservancy, ten million dollars ($10,000,000). (d) Ocean Protection Council, thirty million dollars ($30,000,000). (e) San Diego River Conservancy, seventeen million dollars ($17,000,000). (f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, thirty million dollars ($30,000,000). (g) San Joaquin River Conservancy, ten million dollars ($10,000,000). (h) Santa Monica Mountains Conservancy, thirty million dollars ($30,000,000). (i) Sierra Nevada Conservancy, twenty-five million dollars ($25,000,000). (j) State Coastal Conservancy, one hundred million five hundred thousand dollars ($100,500,000). Eligible watersheds for the funds allocated pursuant to this subdivision include, but are not limited to, those that are in the San Francisco Bay Conservancy region, the Santa Ana River watershed, the Tijuana River watershed, the Otay River watershed, Catalina Island, and the central coast region. (k) Sacramento-San Joaquin Delta Conservancy, fifty million dollars ($50,000,000). (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  176. 79732.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section lists the chapter’s purposes and says chapter funds may be used only for projects that provide fisheries or ecosystem benefits or improvements beyond required mitigation or compliance measures.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79732. (a) In protecting and restoring California rivers, lakes, streams, and watersheds, the purposes of this chapter are to: (1) Protect and increase the economic benefits arising from healthy watersheds, fishery resources, and instream flow. (2) Implement watershed adaptation projects in order to reduce the impacts of climate change on California’s communities and ecosystems. (3) Restore river parkways throughout the state, including, but not limited to, projects pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750) of Division 5 of the Public Resources Code), in the Urban Streams Restoration Program established pursuant to Section 7048, and urban river greenways. (4) Protect and restore aquatic, wetland, and migratory bird ecosystems, including fish and wildlife corridors and the acquisition of water rights for instream flow. (5) Fulfill the obligations of the State of California in complying with the terms of multiparty settlement agreements related to water resources. (6) Remove barriers to fish passage. (7) Collaborate with federal agencies in the protection of fish native to California and wetlands in the central valley of California. (8) Implement fuel treatment projects to reduce wildfire risks, protect watersheds tributary to water storage facilities, and promote watershed health. (9) Protect and restore rural and urban watershed health to improve watershed storage capacity, forest health, protection of life and property, stormwater resource management, and greenhouse gas reduction. (10) Protect and restore coastal watersheds, including, but not limited to, bays, marine estuaries, and nearshore ecosystems. (11) Reduce pollution or contamination of rivers, lakes, streams, or coastal waters, prevent and remediate mercury contamination from legacy mines, and protect or restore natural system functions that contribute to water supply, water quality, or flood management. (12) Assist in the recovery of endangered, threatened, or migratory species by improving watershed health, instream flows, fish passage, coastal or inland wetland restoration, or other means, such as natural community conservation plan and habitat conservation plan implementation. (13) Assist in water-related agricultural sustainability projects. (b) Funds provided by this chapter shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  177. 79733.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The Wildlife Conservation Board must administer $200 million for projects that improve stream flows.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79733. Of the funds made available by Section 79730, the sum of two hundred million dollars ($200,000,000) shall be administered by the Wildlife Conservation Board for projects that result in enhanced stream flows. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  178. 79734.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    For restoration and ecosystem protection projects under this chapter, conservation corps services must be used whenever feasible.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79734. For restoration and ecosystem protection projects under this chapter, the services of the California Conservation Corps or a local conservation corps certified by the California Conservation Corps shall be used whenever feasible. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  179. 79735.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section sets aside money for urban creek and watershed projects, requires a competitive program, and limits how much can go to planning and disadvantaged communities.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79735. (a) Of the funds authorized by Section 79730, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, for projects to protect and enhance an urban creek, as defined in subdivision (e) of Section 7048, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) of, and Division 23 (commencing with Section 33000) of, the Public Resources Code and Section 79508. (b) (1) Of the funds authorized by Section 79730, twenty million dollars ($20,000,000) shall be made available to the secretary for a competitive program to fund multibenefit watershed and urban rivers enhancement projects in urban watersheds that increase regional and local water self-sufficiency and that meet at least two of the following objectives: (A) Promote groundwater recharge and water reuse. (B) Reduce energy consumption. (C) Use soils, plants, and natural processes to treat runoff. (D) Create or restore native habitat. (E) Increase regional and local resiliency and adaptability to climate change. (2) The program under this subdivision shall be implemented by state conservancies, the Wildlife Conservation Board, the state board, or other entities whose jurisdiction includes urban watersheds, as designated by the secretary. Projects funded under the program shall be a part of a plan developed jointly by the conservancies, the Wildlife Conservation Board, the state board, or other designated entities in consultation with the secretary. (c) At least 25 percent of the funds available pursuant to this section shall be allocated for projects that benefit disadvantaged communities. (d) Up to 10 percent of the funds available pursuant to this section may be allocated for project planning. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  180. 79736.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $475 million is made available to the Natural Resources Agency for projects supporting California's water-related legal obligations, with priority for certain project types.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79736. Of the funds authorized by Section 79730, four hundred seventy-five million dollars ($475,000,000) shall be available to the Natural Resources Agency to support projects that fulfill the obligations of the State of California in complying with the terms of any of the following: (a) Subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). (b) Interstate compacts set forth in Section 66801 of the Government Code pursuant to Title 7.42 (commencing with Section 66905) of the Government Code. (c) Intrastate or multiparty water quantification settlement agreement provisions, including ecosystem restoration projects, as set forth in Chapters 611, 612, 613, and 614 of the Statutes of 2003. (d) The settlement agreement referenced in Section 2080.2 of the Fish and Game Code. (e) Any intrastate or multiparty settlement agreement related to water acted upon or before December 31, 2013. Priority shall be given to projects that meet one or more of the following criteria: (1) The project is of statewide significance. (2) The project restores natural aquatic or riparian functions, or wetlands habitat for birds and aquatic species. (3) The project protects or promotes the restoration of endangered or threatened species. (4) The project enhances the reliability of water supplies on a regional or interregional basis. (5) The project provides significant regional or statewide economic benefits. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  181. 79737.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The Department of Fish and Wildlife may use $285 million for statewide watershed restoration projects, but only for specified kinds of water quality, river, and watershed projects and not for Delta conveyance facility costs.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79737. (a) Of the funds authorized by Section 79730, two hundred eighty-five million dollars ($285,000,000) shall be available to the Department of Fish and Wildlife for watershed restoration projects statewide in accordance with this chapter. (b) For the purposes of this section, watershed restoration includes activities to fund coastal wetland habitat, improve forest health, restore mountain meadows, modernize stream crossings, culverts, and bridges, reconnect historical flood plains, install or improve fish screens, provide fish passages, restore river channels, restore or enhance riparian, aquatic, and terrestrial habitat, improve ecological functions, acquire from willing sellers conservation easements for riparian buffer strips, improve local watershed management, and remove sediment or trash. (c) For any funds available pursuant to this section that are used to provide grants under the Fisheries Restoration Grant Program, a priority shall be given to coastal waters. (d) In allocating funds for projects pursuant to this section, the Department of Fish and Wildlife shall only make funds available for water quality, river, and watershed protection and restoration projects of statewide importance outside of the Delta. (e) Funds provided by this section shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. (f) Funds provided by this section shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). (g) In order to address the unique ecological, flood control, water quality, and hydrological conditions associated with urban creeks and watersheds on the California-Mexico border, the department shall consult with the California-Mexico Border Relations Council to establish criteria to fund projects that improve conditions for cross-border urban creeks and watersheds. (Amended by Stats. 2015, Ch. 668, Sec. 10. (AB 965) Effective January 1, 2016. Note: This section was added by Stats. 2014, Ch. 188, and approved in Prop. 1 on Nov. 4, 2014.)
  182. 79738.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section makes $87.5 million available for Delta water quality, ecosystem restoration, and fish protection projects, and requires coordination with local Delta governments and limits how the funds may be used.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds [79730 - 79738] ( Chapter 6 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79738. (a) Of the funds authorized by Section 79730, eighty-seven million five hundred thousand dollars ($87,500,000) shall be available to the Department of Fish and Wildlife for water quality, ecosystem restoration, and fish protection facilities that benefit the Delta, including, but not limited to, the following: (1) Projects to improve water quality or that contribute to the improvement of water quality in the Delta, including projects in Delta counties that provide multiple public benefits and improve drinking and agricultural water quality or water supplies. (2) Habitat restoration, conservation, and enhancement projects to improve the condition of special status, at risk, endangered, or threatened species in the Delta and the Delta counties, including projects to eradicate invasive species, and projects that support the beneficial reuse of dredged material for habitat restoration and levee improvements. (3) Scientific studies and assessments that support the Delta Science Program, as described in Section 85280, or projects under this section. (b) In implementing this section, the department shall coordinate and consult with the Delta city or Delta county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired. (c) Acquisitions pursuant to this section shall be from willing sellers only. (d) In implementing this section state agencies shall prioritize wildlife conservation objectives through projects on public lands or voluntary projects on private lands, to the extent feasible. (e) Funds available pursuant to this section shall not be used to acquire land via eminent domain. (f) Funds available pursuant to this section shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  183. 79740.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $810 million is made available, after legislative appropriation from the fund, for expenditures, competitive grants, and loans to qualifying water projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79740. The sum of eight hundred ten million dollars ($810,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan consistent with Part 2.2 (commencing with Section 10530) of Division 6 and respond to climate change and contribute to regional water security as provided in this chapter. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  184. 79741.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section states the chapter’s purposes: to improve regional water self-reliance and help water systems adapt to climate-change impacts.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79741. In order to improve regional water self-reliance security and adapt to the effects on water supply arising out of climate change, the purposes of this chapter are to: (a) Help water infrastructure systems adapt to climate change, including, but not limited to, sea level rise. (b) Provide incentives for water agencies throughout each watershed to collaborate in managing the region’s water resources and setting regional priorities for water infrastructure. (c) Improve regional water self-reliance consistent with Section 85021. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  185. 79742.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section sets funding and selection rules for regional water projects, including plan-based priority, groundwater-plan eligibility, cost-share requirements, and minimum funding for disadvantaged communities.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79742. (a) In selecting among proposed projects in a watershed, the scope of the adopted integrated regional water management plan may be considered by the administering state agency, with priority going to projects in plans that cover a greater portion of the watershed. If a plan covers substantially all of the watershed, the plan’s project priorities shall be given deference if the project and plan otherwise meet the requirements of this division and the Integrated Regional Water Management Planning Act (Part 2.2 (commencing with Section 10530) of Division 6). (b) A local agency that does not prepare, adopt, and submit its groundwater plan in accordance with groundwater planning requirements established under Division 6 (commencing with Section 10000) is ineligible to apply for funds made available pursuant to this chapter until the plan is prepared and submitted in accordance with the requirements of that part. The groundwater management plan requirement shall not apply to a water replenishment district formed pursuant to Division 18 (commencing with Section 60000) or to a local agency that serves or has authority to manage an adjudicated groundwater basin. (c) For the purposes of awarding funding under this chapter, a cost share from nonstate sources of not less than 50 percent of the total costs of the project shall be required. The cost-sharing requirement may be waived or reduced for projects that directly benefit a disadvantaged community or an economically distressed area. (d) Not less than 10 percent of the funds authorized by this chapter shall be allocated to projects that directly benefit disadvantaged communities. (e) For the purposes of awarding funding under this chapter, the applicant shall demonstrate that the integrated regional water management plan the applicant’s project implements contributes to addressing the risks in the region to water supply and water infrastructure arising from climate change. (f) Projects that achieve multiple benefits shall receive special consideration. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  186. 79743.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Eligible projects may include water-related projects that promote reuse, conservation, storage, conveyance, watershed protection, stormwater management, conjunctive use, desalination, climate-change modeling, and water-quality improvement.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79743. Subject to the determination of regional priorities in the regional water management group, eligible projects may include, but are not limited to, projects that promote any of the following: (a) Water reuse and recycling for nonpotable reuse and direct and indirect potable reuse. (b) Water-use efficiency and water conservation. (c) Local and regional surface and underground water storage, including groundwater aquifer cleanup or recharge projects. (d) Regional water conveyance facilities that improve integration of separate water systems. (e) Watershed protection, restoration, and management projects, including projects that reduce the risk of wildfire or improve water supply reliability. (f) Stormwater resource management, including, but not limited to, the following: (1) Projects to reduce, manage, treat, or capture rainwater or stormwater. (2) Projects that provide multiple benefits such as water quality, water supply, flood control, or open space. (3) Decision support tools that evaluate the benefits and costs of multibenefit stormwater projects. (4) Projects to implement a stormwater resource plan developed in accordance with Part 2.3 (commencing with Section 10560) of Division 6. (g) Conjunctive use of surface and groundwater storage facilities. (h) Water desalination projects. (i) Decision support tools to model regional water management strategies to account for climate change and other changes in regional demand and supply projections. (j) Improvement of water quality, including drinking water treatment and distribution, groundwater and aquifer remediation, matching water quality to water use, wastewater treatment, water pollution prevention, and management of urban and agricultural runoff. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  187. 79744.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section requires the department to allocate $510 million among specified hydrologic regions and subregions, with set amounts for each area.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79744. (a) Of the funds authorized by Section 79740, five hundred ten million dollars ($510,000,000) shall be allocated to the hydrologic regions as identified in the California Water Plan in accordance with this section. For the South Coast hydrologic region, the department shall establish three funding areas that reflect the watersheds of San Diego County and southern Orange County (designated as the San Diego subregion), the Santa Ana River watershed (designated as the Santa Ana subregion), and the Los Angeles and Ventura County watersheds (designated as the Los Angeles subregion), and shall allocate funds to those areas in accordance with this subdivision. The North and South Lahontan hydrologic regions shall be treated as one area for the purpose of allocating funds. For purposes of this subdivision, the Sacramento River hydrologic region does not include the Delta. For purposes of this subdivision, the Mountain Counties Overlay is not eligible for funds from the Sacramento River hydrologic region or the San Joaquin River hydrologic region. Multiple integrated regional water management plans may be recognized in each of the areas allocated funding. (b) Funds made available by this chapter shall be allocated as follows: (1) Twenty-six million five hundred thousand dollars ($26,500,000) for the North Coast hydrologic region. (2) Sixty-five million dollars ($65,000,000) for the San Francisco Bay hydrologic region. (3) Forty-three million dollars ($43,000,000) for the Central Coast hydrologic region. (4) Ninety-eight million dollars ($98,000,000) for the Los Angeles subregion. (5) Sixty-three million dollars ($63,000,000) for the Santa Ana subregion. (6) Fifty-two million five hundred thousand dollars ($52,500,000) for the San Diego subregion. (7) Thirty-seven million dollars ($37,000,000) for the Sacramento River hydrologic region. (8) Thirty-one million dollars ($31,000,000) for the San Joaquin River hydrologic region. (9) Thirty-four million dollars ($34,000,000) for the Tulare/Kern hydrologic region. (10) Twenty-four million five hundred thousand dollars ($24,500,000) for the North/South Lahontan hydrologic region. (11) Twenty-two million five hundred thousand dollars ($22,500,000) for the Colorado River Basin hydrologic region. (12) Thirteen million dollars ($13,000,000) for the Mountain Counties Overlay. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  188. 79745.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

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    The Department of Water Resources must spend at least 10% of certain regional allocation funds, directly or through noncompetitive grants, to support involvement of disadvantaged, economically distressed, or underrepresented communities.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79745. The Department of Water Resources shall expend, either directly or for noncompetitive grants, no less than 10 percent of the funds from the regional allocations specified in Section 79744 for the purposes of ensuring involvement of disadvantaged communities, economically distressed areas, or underrepresented communities within regions. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  189. 79746.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Up to $100 million may be used for specified water conservation and water-use efficiency plans, projects, and programs, and Section 1011 applies to conservation measures funded under this chapter.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79746. (a) Of the funds authorized by Section 79740, the sum of one hundred million dollars ($100,000,000) may be used for direct expenditures, and for grants and loans, for the following water conservation and water-use efficiency plans, projects, and programs: (1) Urban water conservation plans, projects, and programs, including regional projects and programs, implemented to achieve urban water use targets developed pursuant to Section 10608.20. Priority for funding shall be given to programs that do any of the following: (A) Assist water suppliers and regions to implement conservation programs and measures that are not locally cost effective. (B) Support water supplier and regional efforts to implement programs targeted to enhance water-use efficiency for commercial, industrial, and institutional water users. (C) Assist water suppliers and regions with programs and measures targeted toward realizing the conservation benefits of implementation of the provisions of the state landscape model ordinance. (2) Agricultural water management plans or agricultural water use efficiency projects and programs developed pursuant to Part 2.8 (commencing with Section 10800) of Division 6. (b) Section 1011 applies to all conservation measures that an agricultural water supplier or an urban water supplier implements with funding under this chapter. This subdivision does not limit the application of Section 1011 to any other measures or projects implemented by a water supplier. Notwithstanding Section 79748, the projects funded pursuant to this section are not required to be in an adopted integrated regional water management plan or to comply with that program. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  190. 79747.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    $200 million is made available for grants for multibenefit stormwater management projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79747. (a) Of the funds authorized by Section 79740, two hundred million dollars ($200,000,000) shall be available for grants for multibenefit stormwater management projects. (b) Eligible projects may include, but shall not be limited to, green infrastructure, rainwater and stormwater capture projects, and stormwater treatment facilities. (c) Development of plans for stormwater projects shall address the entire watershed and incorporate the perspectives of communities adjacent to the affected waterways, especially disadvantaged communities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  191. 79748.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    To get funding under this chapter for groundwater quality or supply in an aquifer, the applicant must show that a public agency has authority to manage that aquifer’s water resources.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness [79740 - 79748] ( Chapter 7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79748. In order to receive funding authorized by this chapter to address groundwater quality or supply in an aquifer, the applicant shall demonstrate that a public agency has authority to manage the water resources in that aquifer. A groundwater management plan adopted and submitted in accordance with groundwater management planning requirements established under Division 6 (commencing with Section 10000) shall be deemed sufficient to satisfy the requirements of this section. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  192. 79750.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    The commission may act independently of the director, must approve final actions by majority vote at a noticed public meeting, receives a $2.7 billion continuous appropriation for specified water project benefits, must use a competitive public process to select projects, and projects funded under this chapter are subject to Section 11590.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79750. (a) Notwithstanding Section 162, the commission may make the determinations, findings, and recommendations required of it by this chapter independent of the views of the director. All final actions by the commission in implementing this chapter shall be taken by a majority of the members of the commission at a public meeting noticed and held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (b) Notwithstanding Section 13340 of the Government Code, the sum of two billion seven hundred million dollars ($2,700,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the commission for public benefits associated with water storage projects that improve the operation of the state water system, are cost effective, and provide a net improvement in ecosystem and water quality conditions, in accordance with this chapter. Funds authorized for, or made available to, the commission pursuant to this chapter shall be available and expended only for the purposes provided in this chapter, and shall not be subject to appropriation or transfer by the Legislature or the Governor for any other purpose. (c) Projects shall be selected by the commission through a competitive public process that ranks potential projects based on the expected return for public investment as measured by the magnitude of the public benefits provided, pursuant to criteria established under this chapter. (d) Any project constructed with funds provided by this chapter shall be subject to Section 11590. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  193. 79751.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section limits funding eligibility under the chapter to four kinds of water projects.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79751. Projects for which the public benefits are eligible for funding under this chapter consist of only the following: (a) Surface storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code. (b) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits. (c) Conjunctive use and reservoir reoperation projects. (d) Local and regional surface storage projects that improve the operation of water systems in the state and provide public benefits. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  194. 79752.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    A project cannot be funded under this chapter unless it provides measurable improvements to the Delta ecosystem or its tributaries.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79752. A project shall not be funded pursuant to this chapter unless it provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  195. 79753.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Funds under this chapter may be used only for listed public benefits tied to water storage projects, and not for environmental mitigation or compliance costs except when those costs are associated with those public benefits.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79753. (a) Funds allocated pursuant to this chapter may be expended solely for the following public benefits associated with water storage projects: (1) Ecosystem improvements, including changing the timing of water diversions, improvement in flow conditions, temperature, or other benefits that contribute to restoration of aquatic ecosystems and native fish and wildlife, including those ecosystems and fish and wildlife in the Delta. (2) Water quality improvements in the Delta, or in other river systems, that provide significant public trust resources, or that clean up and restore groundwater resources. (3) Flood control benefits, including, but not limited to, increases in flood reservation space in existing reservoirs by exchange for existing or increased water storage capacity in response to the effects of changing hydrology and decreasing snow pack on California’s water and flood management system. (4) Emergency response, including, but not limited to, securing emergency water supplies and flows for dilution and salinity repulsion following a natural disaster or act of terrorism. (5) Recreational purposes, including, but not limited to, those recreational pursuits generally associated with the outdoors. (b) Funds shall not be expended pursuant to this chapter for the costs of environmental mitigation measures or compliance obligations except for those associated with providing the public benefits as described in this section. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  196. 79754.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    The commission must adopt regulations setting methods to quantify and manage certain public benefits, after consulting specified agencies, by December 15, 2016.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79754. In consultation with the Department of Fish and Wildlife, the state board, and the Department of Water Resources, the commission shall develop and adopt, by regulation, methods for quantification and management of public benefits described in Section 79753 by December 15, 2016. The regulations shall include the priorities and relative environmental value of ecosystem benefits as provided by the Department of Fish and Wildlife and the priorities and relative environmental value of water quality benefits as provided by the state board. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  197. 79755.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    The commission must send the Legislature its findings for each project criterion, and funds may be used for environmental documentation and permitting despite the general restriction.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79755. (a) Except as provided in subdivision (c), no funds allocated pursuant to this chapter may be allocated for a project before December 15, 2016, and until the commission approves the project based on the commission’s determination that all of the following have occurred: (1) The commission has adopted the regulations specified in Section 79754 and specifically quantified and made public the cost of the public benefits associated with the project. (2) The project applicant has entered into a contract with each party that will derive benefits, other than public benefits, as defined in Section 79753, from the project that ensures the party will pay its share of the total costs of the project. The benefits available to a party shall be consistent with that party’s share of total project costs. (3) The project applicant has entered into a contract with each public agency identified in Section 79754 that administers the public benefits, after that agency makes a finding that the public benefits of the project for which that agency is responsible meet all the requirements of this chapter, to ensure that the public contribution of funds pursuant to this chapter achieves the public benefits identified for the project. (4) The commission has held a public hearing for the purposes of providing an opportunity for the public to review and comment on the information required to be prepared pursuant to this subdivision. (5) All of the following additional conditions are met: (A) Feasibility studies have been completed. (B) The commission has found and determined that the project is feasible, is consistent with all applicable laws and regulations, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta. (C) All environmental documentation associated with the project has been completed, and all other federal, state, and local approvals, certifications, and agreements required to be completed have been obtained. (b) The commission shall submit to the Legislature its findings for each of the criteria identified in subdivision (a) for a project funded pursuant to this chapter. (c) Notwithstanding subdivision (a), funds may be made available under this chapter for the completion of environmental documentation and permitting of a project. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  198. 79756.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    A funded project’s public benefit cost share must not exceed 50% of total costs, and a project cannot be funded unless ecosystem improvements make up at least 50% of the project’s total public benefits.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79756. (a) The public benefit cost share of a project funded pursuant to this chapter, other than a project described in subdivision (c) of Section 79751, shall not exceed 50 percent of the total costs of any project funded under this chapter. (b) No project may be funded unless it provides ecosystem improvements as described in paragraph (1) of subdivision (a) of Section 79753 that are at least 50 percent of total public benefits of the project funded under this chapter. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  199. 79757.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    A project cannot get funding under this chapter unless specified conditions are met by January 1, 2022.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79757. (a) A project is not eligible for funding under this chapter unless, by January 1, 2022, all of the following conditions are met: (1) All feasibility studies are complete and draft environmental documentation is available for public review. (2) The commission makes a finding that the project is feasible, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta. (3) The director receives commitments for not less than 75 percent of the nonpublic benefit cost share of the project. (b) If compliance with subdivision (a) is delayed by litigation or failure to promulgate regulations, the date in subdivision (a) shall be extended by the commission for a time period that is equal to the time period of the delay, and funding under this chapter that has been dedicated to the project shall be encumbered until the time at which the litigation is completed or the regulations have been promulgated. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  200. 79758.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Surface storage projects funded under this chapter may be made part of the Central Valley Project and may be financed, acquired, constructed, operated, and maintained under the referenced code provisions.

    ## Water Code - WAT ## DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014 [79700 - 79798] ( Division 26.7 added by Stats. 2014, Ch. 188, Sec. 8. ) ## CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness [79750 - 79760] ( Chapter 8 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79758. Surface storage projects funded pursuant to this chapter and described in subdivision (a) of Section 79751 may be made a unit of the Central Valley Project as provided in Section 11290 and may be financed, acquired, constructed, operated, and maintained pursuant to Part 3 (commencing with Section 11100) of Division 6. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)

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