Water Code — Part 46 | WAT — United States — California law | Esheria

Water Code

Part 46 of 51 · provisions 9,001–9,200

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About this statute

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. 79759.

    ## 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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    This section lets certain joint powers authorities work on surface water storage projects, but limits who may be members and limits the department’s role.

    ## 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. ) ## 79759. (a) The funds allocated for the design, acquisition, and construction of surface storage projects identified in the CALFED Bay-Delta Record of Decision, dated August 28, 2000, pursuant to this chapter may be provided for those purposes to local joint powers authorities formed by irrigation districts and other local water districts and local governments within the applicable hydrologic region to design, acquire, and construct those projects. (b) The joint powers authorities described in subdivision (a) may include in their membership governmental partners that are not located within their respective hydrologic regions in financing the surface storage projects, including, as appropriate, cost share participation or equity participation. Notwithstanding Section 6525 of the Government Code, the joint powers agencies described in subdivision (a) shall not include in their membership any for-profit corporation or any mutual water company whose shareholders and members include a for-profit corporation or any other private entity. The department shall be an ex officio member of each joint powers authority subject to this section, but the department shall not control the governance, management, or operation of the surface water storage projects. (c) A joint powers authority subject to this section shall own, govern, manage, and operate a surface water storage project, subject to the requirement that the ownership, governance, management, and operation of the surface water storage project shall advance the purposes set forth in this chapter. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  2. 79760.

    ## 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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    Amending this chapter requires a two-thirds vote in each house of the Legislature plus voter approval.

    ## 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. ) ## 79760. (a) In approving the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the people were informed and hereby declare that the provisions of this chapter are necessary, integral, and essential to meeting the single object or work of the Water Quality, Supply, and Infrastructure Improvement Act of 2014. As such, any amendment of the provisions of this chapter by the Legislature without voter approval would frustrate the scheme and design that induced voter approval of this act. The people therefore find and declare that any amendment of the provisions of this chapter by the Legislature shall require an affirmative vote of two-thirds of the membership in each house of the Legislature and voter approval. (b) This section shall not govern or be used as authority for determining whether the amendment of any other provision of this act not contained in this chapter would constitute a substantial change in the scheme and design of this act requiring voter approval. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  3. 79765.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. )

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    $725 million is made available, if the Legislature appropriates it from the fund, for water recycling and advanced treatment technology 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79765. The sum of seven hundred twenty-five million dollars ($725,000,000) shall be available, upon appropriation by the Legislature from the fund, for grants or loans for water recycling and advanced treatment technology projects, including all of the following: (a) Water recycling projects, including, but not limited to, treatment, storage, conveyance, and distribution facilities for potable and nonpotable recycling projects. (b) Contaminant and salt removal projects, including, but not limited to, groundwater and seawater desalination and associated treatment, storage, conveyance, and distribution facilities. (c) Dedicated distribution infrastructure to serve residential, commercial, agricultural, and industrial end-user retrofit projects to allow use of recycled water. (d) Pilot projects for new potable reuse and other salt and contaminant removal technology. (e) Multibenefit recycled water projects that improve water quality. (f) Technical assistance and grant writing assistance for disadvantaged communities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  4. 79766.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Projects funded under this chapter must have at least a 50% local cost share.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79766. At least a 50-percent local cost share shall be required for projects funded pursuant to this chapter. That cost share may be suspended or reduced for disadvantaged communities and economically distressed areas. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  5. 79767.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Projects funded under this chapter must be selected competitively and judged against the listed criteria.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79767. Projects funded pursuant to this chapter shall be selected on a competitive basis, considering all of the following criteria: (a) Water supply reliability improvement. (b) Water quality and ecosystem benefits related to decreased reliance on diversions from the Delta or instream flows. (c) Public health benefits from improved drinking water quality or supply. (d) Cost-effectiveness. (e) Energy efficiency and greenhouse gas emission impacts. (f) Reasonable geographic allocation to eligible projects throughout the state, including both northern and southern California and coastal and inland regions. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  6. 79768.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Competitive programs in this chapter must be implemented consistently with specified water recycling or desalination programs.

    ## 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 9. Water Recycling [79765 - 79768] ( Chapter 9 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79768. For purposes of this chapter, competitive programs shall be implemented consistent with water recycling programs administered pursuant to Sections 79140 and 79141 or consistent with desalination programs administered pursuant to Sections 79545 and 79547.2. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  7. 79770.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    This section says preventing and cleaning up groundwater contamination is an important part of groundwater management.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79770. Prevention and cleanup of groundwater contamination are critical components of successful groundwater management. Groundwater quality becomes especially important as water providers do the following: (a) Evaluate investments in groundwater recharge with surface water, stormwater, recycled water, and other conjunctive use projects that augment local groundwater supplies to improve regional water self-reliance. (b) Adapt to changing hydrologic conditions brought on by climate change. (c) Consider developing groundwater basins to provide much needed local storage options to accommodate hydrologic and regulatory variability in the state’s water delivery system. (d) Evaluate investments in groundwater recovery projects. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  8. 79771.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    This section makes $900 million available, after legislative appropriation, for projects to prevent or clean up groundwater contamination, and limits how the money 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79771. (a) The sum of nine hundred million dollars ($900,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures on, and competitive grants, and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water. Funds appropriated pursuant to this section shall be available to the state board for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves or has served as a major source of drinking water for a community. (b) Projects shall be prioritized based upon the following criteria: (1) The threat posed by groundwater contamination to the affected community’s overall drinking water supplies, including an urgent need for treatment of alternative supplies or increased water imports if groundwater is not available due to contamination. (2) The potential for groundwater contamination to spread and impair drinking water supply and water storage for nearby population areas. (3) The potential of the project, if fully implemented, to enhance local water supply reliability. (4) The potential of the project to maximize opportunities to recharge vulnerable, high-use groundwater basins and optimize groundwater supplies. (5) The project addresses contamination at a site for which the courts or the appropriate regulatory authority has not yet identified responsible parties, or where the identified responsible parties are unwilling or unable to pay for the total cost of cleanup, including water supply reliability improvement for critical urban water supplies in designated superfund areas with groundwater contamination listed on the National Priorities List established pursuant to Section 105(a)(8)(B) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9605(a)(8)(B)). (c) Funding authorized by this chapter shall not be used to pay any share of the costs of remediation recovered from parties responsible for the contamination of a groundwater storage aquifer, but may be used to pay costs that cannot be recovered from responsible parties. Parties that receive funding for remediating groundwater storage aquifers shall exercise reasonable efforts to recover the costs of groundwater cleanup from the parties responsible for the contamination. Funds recovered from responsible parties may only be used to fund treatment and remediation activities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  9. 79772.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    $80 million is available for grants for treatment and remediation activities that prevent or reduce groundwater contamination affecting drinking water sources.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79772. Of the funds authorized by Section 79771, eighty million dollars ($80,000,000) shall be available for grants for treatment and remediation activities that prevent or reduce the contamination of groundwater that serves as a source of drinking water. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  10. 79772.5.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    $80 million of unissued bonds for Section 79772 is reallocated and must be handled under Division 45 of the Public Resources Code.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79772.5. Notwithstanding any other law, eighty million dollars ($80,000,000) of the unissued bonds authorized for the purposes of Section 79772 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 45 (commencing with Section 80000) of the Public Resources Code. (Added by Stats. 2017, Ch. 852, Sec. 4. Approved in Proposition 68 at the June 5, 2018, election.)
  11. 79773.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    This section says funding under this chapter may be used to address certain contaminants, including but not limited to a listed set of chemicals and elements.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79773. 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.)
  12. 79774.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Projects funded under this chapter must be chosen through a competitive grant or loan process, with a 50% local cost share requirement unless waived or reduced for certain 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79774. (a) A project that receives funding pursuant to this chapter shall be selected by a competitive grant or loan process with added consideration for those projects that leverage private, federal, or local funding. (b) 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. (c) An agency administering grants or loans for the purposes of this chapter shall assess the capacity of a community to pay for the operation and maintenance of the facility to be funded. (d) At least 10 percent of the funds available pursuant to this chapter shall be allocated for projects serving severely disadvantaged communities. (e) Funding authorized by this chapter shall include funding for technical assistance to disadvantaged communities. The agency administering this funding shall operate a multidisciplinary technical assistance program for small and disadvantaged communities. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  13. 79775.

    ## 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. )

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    $100 million of authorized funds must be made available for competitive grants for groundwater plans and 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 10. Groundwater Sustainability [79770 - 79775] ( Chapter 10 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79775. Of the funds authorized by Section 79771, one hundred million dollars ($100,000,000) shall be made available for competitive grants for projects that develop and implement groundwater plans and projects in accordance with groundwater planning requirements established under Division 6 (commencing with Section 10000). (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  14. 79780.

    ## 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 11. Flood Management [79780 - 79781] ( Chapter 11 added by Stats. 2014, Ch. 188, Sec. 8. )

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    $395 million is made available, if the Legislature appropriates it from the fund, for statewide flood management projects and activities.

    ## 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 11. Flood Management [79780 - 79781] ( Chapter 11 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79780. The sum of three hundred ninety-five million dollars ($395,000,000) shall be available, upon appropriation by the Legislature from the fund, to the Department of Water Resources and the Central Valley Flood Protection Board for the purpose of statewide flood management projects and activities. Funds shall be allocated to multibenefit projects that achieve public safety and include fish and wildlife habitat enhancement. The Department of Water Resources shall make its best effort to coordinate this funding with proceeds from Propositions 84 and 1E. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  15. 79781.

    ## 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 11. Flood Management [79780 - 79781] ( Chapter 11 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Section 79781 makes $295 million available from funds authorized by Section 79780 to reduce the risk of levee failure and flooding in the Delta.

    ## 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 11. Flood Management [79780 - 79781] ( Chapter 11 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79781. Of the funds authorized by Section 79780, two hundred ninety-five million dollars ($295,000,000) shall be available to reduce the risk of levee failure and flood in the Delta for any of the following: (a) Local assistance under the Delta levee maintenance subventions program pursuant to Part 9 (commencing with Section 12980) of Division 6, as that part may be amended. (b) Special flood protection projects pursuant to Chapter 2 (commencing with Section 12310) of Part 4.8 of Division 6, as that chapter may be amended. (c) Levee improvement projects that increase the resiliency of levees within the Delta to withstand earthquake, flooding, or sea level rise. (d) Emergency response and repair projects. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  16. 79785.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

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    The Treasurer must sell the bonds authorized under this section.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79785. (a) Bonds in the total amount of seven billion one hundred twenty million dollars ($7,120,000,000), and any additional bonds authorized, issued, and appropriated in accordance with this division pursuant to other provisions of law, or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 79797 may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and 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 both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  17. 79786.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

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    Bonds authorized by this division must be handled under the State General Obligation Bond Law, except for certain conflicting parts of Government Code Section 16727.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79786. 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 of the provisions of that law, as that law may be amended, apply to the bonds and to this division, except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those subdivisions conflict with any other provision of this division. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  18. 79787.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

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    This section creates the Water Quality, Supply, and Infrastructure Improvement Finance Committee for bond issuance and sale purposes, sets its membership, names the Treasurer as chairperson, and allows a majority to act for the committee.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79787. (a) Solely for the purpose of authorizing the issuance and sale pursuant to 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) of the bonds authorized by this division, the Water Quality, Supply, and Infrastructure Improvement Finance Committee is hereby created. For purposes of this division, the Water Quality, Supply, and Infrastructure Improvement Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law. (b) The committee consists of the Director of Finance, the Treasurer, and the Controller. Notwithstanding any other provision of law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present. (c) The Treasurer shall serve as chairperson of the committee. (d) A majority of the committee may act for the committee. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  19. 79788.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

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

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79788. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by 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. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  20. 79789.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    For purposes of the State General Obligation Bond Law, “board” means the secretary.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79789. For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the secretary. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  21. 79790.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    State revenue officers must collect an annual additional sum to pay bond principal and interest.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79790. 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. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  22. 79791.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    This section appropriates money from the General Fund for this division’s purposes, including bond principal and interest payments and funding Section 79794.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79791. 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 that is necessary to carry out the provisions of Section 79794, appropriated without regard to fiscal years. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  23. 79792.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Board, but the request cannot exceed the amount of unsold bonds authorized for sale. If the loan is obtained, the board must sign the documents needed to get and repay it, and the money must be deposited in the fund for use 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79792. The board 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 less any amount withdrawn pursuant to Section 79794. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division. The board shall execute those 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 in accordance with this division. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  24. 79793.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    If qualifying bonds are sold, the Treasurer may keep the bond proceeds and investment earnings in separate accounts and use them to make federal tax-related payments or other actions needed to preserve tax 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79793. Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  25. 79794.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    The Director of Finance may withdraw money from the General Fund for this division, subject to a cap tied to unsold bonds and prior borrowing, and the money must be deposited in the fund and later returned to the General Fund with interest.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79794. 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 by the committee to be sold for the purpose of carrying out this division less any amount borrowed pursuant to Section 79792. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys 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. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  26. 79795.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Certain bond-related money in the fund must stay reserved and may be transferred to the General Fund for bond interest credits; premium-derived amounts may be used first for bond issuance 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79795. All moneys deposited in the fund that are derived from premium and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  27. 79796.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Bond issuance costs must be paid from bond proceeds, including any premium. If premiums do not cover those costs, the funded programs must share them proportionately.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79796. 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, including premium, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionately by each program funded through this division by the applicable bond sale. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  28. 79797.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Bonds issued and sold under this division may be refunded under the referenced Government Code article.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79797. The bonds issued and sold pursuant to this division 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 under this division shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  29. 79798.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. )

    Verify source ↗

    Bond sale proceeds under this division are not treated as “proceeds of taxes,” and their disbursement is not subject to the article’s limitations.

    ## 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 12. Fiscal Provisions [79785 - 79798] ( Chapter 12 added by Stats. 2014, Ch. 188, Sec. 8. ) ## 79798. 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, and the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2014, Ch. 188, Sec. 8. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  30. 8.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    “Writing” includes recorded messages readable by ordinary visual means, and any notice, report, statement, petition, or record covered by the code must be in writing in English unless the code says otherwise.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1943, Ch. 368.)
  31. 8000.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This chapter is intended to be the controlling authority for all matters and procedural questions covered by the chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8000. The provisions of this chapter are intended to be paramount and controlling as to all matters provided for in, and as to all questions arising out of procedure under, this chapter. (Added by Stats. 1943, Ch. 369.)
  32. 80000.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The provision says reliable, reasonably priced electric service is essential, explains that a power shortage and rising energy costs create an immediate peril, and states that the state must participate in power and energy markets and that the department needs enough qualified personnel to carry out its duties.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80000. The Legislature hereby finds and declares all of the following: (a) The furnishing of reliable reasonably priced electric service is essential for the safety, health, and well-being of the people of California. A number of factors have resulted in a rapid, unforeseen shortage of electric power and energy available in the state and rapid and substantial increases in wholesale energy costs and retail energy rates, with statewide impact, to such a degree that it constitutes an immediate peril to the health, safety, life and property of the inhabitants of the state, and the public interest, welfare, convenience and necessity require the state to participate in markets for the purchase and sale of power and energy. (b) In order for the department to adequately and expeditiously undertake and administer the critical responsibilities established in this division, it must be able to obtain, in a timely manner, additional and sufficient personnel with the requisite expertise and experience in energy marketing, energy scheduling, and accounting. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  33. 80002.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The commission must issue orders it considers necessary to carry out this section.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80002. Nothing in this division shall be construed to reduce or modify any electrical corporation’s obligation to serve. The commission shall issue orders it determines are necessary to carry out this section. Nothing in this section shall be construed to obligate the department for any procurement cost obligations of any electrical corporation that may have existed as of the effective date of this section. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  34. 80002.5.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department is to sell power it acquires under this division to retail end use customers served by electrical corporations, and it may also sell power to requesting local publicly owned electric utilities when practicable.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80002.5. It is the intent of the Legislature that power acquired by the department under this division shall be sold to all retail end use customers being served by electrical corporations, and may be sold, to the extent practicable, as determined by the department, to those local publicly owned electric utilities requesting such power. Power sold by the department to retail end use customers shall be allocated pro rata among all classes of customers to the extent practicable. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  35. 80003.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The division says programs developed and operated under it are for the public welfare and must be interpreted to carry out the division’s purposes.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80003. (a) The development and operation of a program as provided in this division is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose. (b) This division shall be construed in a manner so as to effectuate the purposes and objectives thereof. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  36. 80004.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    This section says the department’s powers and responsibilities under this division are part of its primary duties, and they are not controlled by the rules for the State Water Resources Development System. It also says the Department of Water Resources Electric Purchases Fund is separate from other funds and money the department administers.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80004. (a) The powers and responsibilities of the department established under this division are within the scope of the primary duties of the department, but are not governed by the provisions relating to the State Water Resources Development System. (b) The Department of Water Resources Electric Purchases Fund, established by Section 80200, and the money in that fund are separate and distinct from any other fund and money administered by the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  37. 8001.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    In this chapter, “works” means canals, ditches, levees, dikes, embankments, dams, machinery, and similar or supporting means used to achieve the chapter’s purposes.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8001. As used in this chapter, “works” includes canals, ditches, levees, dikes, embankments, dams, machinery, and other appropriate or ancillary means of accomplishing the purposes mentioned in this chapter. (Added by Stats. 1943, Ch. 369.)
  38. 80010.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    This section defines key terms used in this division, including “Bonds,” “Commission,” “Electrical corporation,” “Fund,” “Local publicly owned electric utility,” “Power,” and “Public utility.”

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80010. As used in this division, unless the context otherwise requires, the following terms have the following meanings: (a) “Bonds” means bonds, notes, or other evidences of indebtedness issued solely for the purposes of paying the cost of electric power and transmission, scheduling, and other related expenses incurred by the department on and after the effective date of this division, or to reimburse expenditures from the fund for those purposes; repaying to the General Fund any advances made to the department from appropriations made to the fund pursuant hereto or hereafter for purposes of this division, any advances made to the department from the Water Resources Electric Power Fund, and General Fund moneys expended by the department pursuant to the Governor’s Emergency Proclamation dated January 17, 2001; establishing or maintaining reserves in connection with the bonds; costs of issuance of bonds or incidental to their payment or security; capitalized interest; or to renew or refund any bonds. (b) “Commission” means the Public Utilities Commission. (c) “Electrical corporation” has the same meaning as that term is defined in Section 218 of the Public Utilities Code. (d) “Fund” means the Department of Water Resources Electric Power Fund established by Section 80200. (e) “Local publicly owned electric utility” includes the entities defined in subdivision (d) of Section 9604 of the Public Utilities Code and publicly owned utilities that provide electricity. (f) “Power” means electric power and energy, including, but not limited to, capacity and output, or any of them. (g) “Public utility” has the same meaning as that term is defined in Section 216 of the Public Utilities Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  39. 80012.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department must take the actions needed and authorized under Chapter 2 to make power available to electric consumers in California.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80012. The department shall do those things necessary and authorized under Chapter 2 (commencing with Section 80100) to make power available directly or indirectly to electric consumers in California. Except as otherwise stated, nothing in this division authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in this state. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  40. 80014.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department and commission may adopt emergency regulations for this division, and those regulations generally expire after 180 days unless the required rulemaking compliance is completed.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80014. (a) The department and commission may adopt regulations for purposes of this division as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservations of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5, as provided in subdivision (e) of Section 11346.1 of the Government Code. (b) Unless the department determines that application of any such provision to such contracts is detrimental to accomplishing the purposes of this division, the provisions of the Government Code and Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements and prompt payment requirements, apply to contracts entered into under this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  41. 80016.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    State agencies, official state organizations, and connected persons may be asked by the department to provide reasonable assistance or cooperation for this division’s purposes.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Provisions and Definitions [80000 - 80016] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80016. All state agencies and other official state organizations, and all persons connected therewith, shall and are hereby authorized to, at the request of the department, give the department reasonable assistance or other cooperation in carrying out the purposes of this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  42. 8002.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    In this chapter, “city” means any city, town, or municipal corporation incorporated under state law.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8002. As used in this chapter, “city” means any city, town, or municipal corporation incorporated under the laws of this State. (Added by Stats. 1943, Ch. 369.)
  43. 8003.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    In this chapter, “city council” includes the legislative body of any city, مهما it is named.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8003. As used in this chapter, “city council” includes the legislative body of any city by whatever name it may be designated. (Added by Stats. 1943, Ch. 369.)
  44. 8004.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Publications required by this chapter must be made in a newspaper published in the city.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8004. Every publication required by this chapter shall be made in some newspaper published in the city. (Added by Stats. 1943, Ch. 369.)
  45. 8005.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If publication is in a daily paper, it must appear in at least 10 issues; if in a weekly paper, it must appear in at least 2 issues, unless another specific rule applies.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8005. Except as otherwise specifically provided, if publication is in a daily paper the publication shall appear in at least 10 issues thereof, and if in a weekly paper in at least two issues thereof. (Added by Stats. 1943, Ch. 369.)
  46. 8006.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A publication is not treated as begun until any required earlier publication has been completed.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8006. No publication shall be deemed to have begun until any required preceding publication has been completed. (Added by Stats. 1943, Ch. 369.)
  47. 8007.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A charter city project extending water, sewer, or storm drain systems to a disadvantaged community in an unincorporated area counts as a public work for Labor Code Section 1720; a later project on those extended systems inside the city does not count as a public work because of the extension.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Provisions [8000 - 8007] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8007. A capital improvement project undertaken by a charter city to extend that city’s water, sewer, or storm drain system or similar system to a disadvantaged community in an unincorporated area shall be considered a public work for the purpose of Section 1720 of the Labor Code, but any subsequent project to construct, expand, reconstruct, install, or repair such systems that have been so extended and that are conducted within that city’s political boundaries shall not be considered a public work for the purpose of Section 1720 of the Labor Code as a result of the extension. For the purpose of this section, “disadvantaged community” means a disadvantaged community as defined in Section 79505.5. (Added by Stats. 2009, 2nd Ex. Sess., Ch. 7, Sec. 20. Effective May 21, 2009.)
  48. 8010.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Any city may incur debt and liability under this chapter, but its aggregate funded debt must not exceed 6% of the assessed value of the city’s real and personal property.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8010. Any city may, pursuant to this chapter, incur indebtedness and liability, although in excess of the income and revenue provided by it for the current fiscal year, but not so that the aggregate funded indebtedness of the city exceeds 6 per cent of the assessed value of all the real and personal property in the city, for any or all, or any part of, the following purposes: (a) To protect the city from overflow by water. (b) To drain the city. (c) To secure an outlet for overflow water and drainage. (Added by Stats. 1943, Ch. 369.)
  49. 80100.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may make power-related contracts and must assess the state’s power need before the program begins.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80100. Upon those terms, limitations, and conditions as it prescribes, the department may contract with any person, local publicly owned electric utility, or other entity for the purchase of power on such terms and for such periods as the department determines and at such prices the department deems appropriate taking into account all of the following: (a) The intent of the program described in this division is to achieve an overall portfolio of contracts for energy resulting in reliable service at the lowest possible price per kilowatthour. (b) The need to have contract supplies to fit each aspect of the overall energy load profile. (c) The desire to secure as much low-cost power as possible under contract. (d) The duration and timing of contracts made available from sellers. (e) The length of time sellers of electricity offer to sell such electricity. (f) The desire to secure as much firm and nonfirm renewable energy as possible. Prior to commencement of the program described in this division, the department shall assess the need for power in the state in consultation with the Public Utilities Commission and local publicly owned electric utilities and electrical corporations in the state and such other entities in the state as the department determines are appropriate. The department may also enter into options or forward contracts with respect to the foregoing, and contract with any person, local publicly owned electric utility, or other entity for transmission, scheduling, and other related power services necessary or desirable to accomplish the purposes of this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  50. 80102.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    This section lets contracts under this division allow assignment on contract-specified terms, requires power purchase or sale contracts to include department-required terms and security provisions, and lets the department make prepayments for power or related services if certain findings are made.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80102. (a) Contracts under this division may provide for the assignment thereof on any terms and conditions as the contracts may specify. (b) Any contract for the purchase or sale of electric power shall contain any contractual terms and security provisions as are determined by the department to be necessary or appropriate and the department may enter into such arrangements as may be necessary or appropriate to implement the foregoing. (c) Notwithstanding any other provision of law, the department may pay or provide for the payment of power or use of transmission or distribution facilities and other related services prior to the delivery or utilization thereof, provided that the department determines that prepayment is beneficial to ratepayers and that adequate provision has been made for the security of the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  51. 80104.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    When power is delivered to retail end use customers, they are treated as having purchased it from the department, and any sale must be paid for directly by the customer to the department.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80104. Upon the delivery of power to them, the retail end use customers shall be deemed to have purchased that power from the department. Payment for any sale shall be a direct obligation of the retail end use customer to the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  52. 80106.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may contract with a related electrical corporation or its successor to transmit and distribute power and provide billing and collection services. If the department requests it, the commission must order that corporation or successor to perform those services on compensatory terms.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80106. (a) The department may contract with the related electrical corporation or its successor in the performance of related service, for the electrical corporation or its successor in the performance of related service, to transmit or provide for the transmission of, and distribute all power made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services, and adequately secure payment to the department. (b) At the request of the department, the commission shall order the related electrical corporation or its successor in the performance of related service, to transmit or provide for the transmission of, and distribute all power made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services, and adequately secure payment to the department. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 9, Sec. 3. Effective August 13, 2001.)
  53. 80108.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The commission may issue rules to regulate enforcement of this division, including collection and payment to the department.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80108. The commission may issue rules regulating the enforcement of the agency function pursuant this division, including collection and payment to the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  54. 8011.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The works may be located inside or outside the city’s territorial limits.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8011. The works may be situated within or without the territorial limits of the city. (Added by Stats. 1943, Ch. 369.)
  55. 80110.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department must keep title to electricity it sells to retail end-use customers and follow notice, comment, reporting, and timing rules before modifying certain electricity purchase contracts.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80110. (a) The department shall retain title to all electricity sold by it to the retail end-use customers. The department shall be entitled to recover, as a revenue requirement, amounts and at the times necessary to enable it to comply with Section 80134, and shall advise the commission as the department determines to be appropriate. (b) The revenue requirements may also include any advances made to the department hereunder or hereafter for purposes of this division, or from the Department of Water Resources Electric Power Fund, and General Fund moneys expended by the department pursuant to the Governor’s Emergency Proclamation dated January 17, 2001. (c) (1) For the purposes of this division and except as otherwise provided in this section, the Public Utility Commission’s authority as set forth in Section 451 of the Public Utilities Code shall apply, except any just and reasonable review under Section 451 shall be conducted and determined by the department. Prior to the execution of any modification of any contract for the purchase of electricity by the department pursuant to this division, on or after the effective date of this section, the department or the commission, as applicable, shall do the following: (A) The department shall notify the public of its intent to modify a contract and the opportunity to comment on the proposed modification. (B) At least 21 days after providing public notice, the department shall make a determination as to whether the proposed modifications are just and reasonable. The determination shall include responses to any public comments. (C) No later than 70 days before the date of execution of the contract modification, the department shall provide a written report to the commission setting forth the justification for the determination that the proposed modification is just and reasonable, including documents, analysis, response to public comments, and other information relating to the determination. (D) Within 60 days of the date of receipt of the department’s written report, the commission shall review the report and make public its comments. If the commission in its comments recommends against the proposed modification, the department shall not execute the proposed contract modification. (2) This subdivision does not apply to the modification of a contract modified to settle litigation to which the commission is a party. (3) This subdivision does not apply to the modification of a contract for the purchase of electricity that is generated from a facility owned by a public agency if the contract requires the public agency to sell electricity to the department at or below the public agency’s cost of that electricity. (4) This subdivision does not apply to the modification of a contract to address issues relating to billing, scheduling, delivery of electricity, and related contract matters arising out of the implementation by the Independent System Operator of its market redesign and technology upgrade program. (5) (A) For purposes of this subdivision, the department proposes to “modify” a contract if there is any material change proposed in the terms of the contract. (B) A change to a contract is not material if it is only administrative in nature or the change in ratepayer value results in ratepayer savings, not to exceed twenty-five million dollars ($25,000,000) per year. For the purpose of making a determination that a change is only administrative in nature or results in ratepayer savings of twenty-five million dollars ($25,000,000) or less per year, the executive director of the commission shall concur in writing with each of those determinations by the department. (d) The commission may enter into an agreement with the department with respect to charges under Section 451 for purposes of this division, and that agreement shall have the force and effect of a financing order adopted in accordance with Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, as determined by the commission. (e) The department shall have the same rights with respect to the payment by retail end-use customers for electricity sold by the department as do providers of electricity to the customers. (Amended by Stats. 2009, Ch. 337, Sec. 9. (SB 695) Effective October 11, 2009.)
  56. 80112.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    Money collected for certain electric power transactions belongs to the department and must be deposited in the fund. Electrical corporations must separately hold related collected money in trust for the department until it is transferred.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80112. All money collected with respect to any power acquired and sold pursuant to this division and the Governor’s Emergency Proclamation dated January 17, 2001, and all money paid directly or indirectly to or for the account of the department with respect to any sale, exchange, transfer, or disposition of power acquired pursuant hereto, shall constitute property of the department and shall be deposited in the fund in accordance with subdivision (b) of Section 80200. To the extent any moneys are received by an electrical corporation pursuant to Section 80106 in the process of collection, and pending their transfer to the department, they shall be segregated by the electrical corporation on terms and conditions established by the department and shall be held in trust for the benefit of the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  57. 80116.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may sell or exchange acquired power, but it must not sell to a local publicly owned electric utility that is a net seller of power.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80116. The department may sell any power acquired by the department pursuant to this division to retail end use customers, and to local publicly owned electric utilities, at not more than the department’s acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in Section 80200, or exchange power with any person or public or private entity. The department may not sell power to any local publicly owned electric utility, as defined in Section 9604 of the Public Utilities Code, which is itself a net seller of power. However, to the extent that any acquired power is not required for use within the state, if it is otherwise advantageous and necessary, the power may be sold, transferred, or otherwise disposed of, or an option may be granted with respect to the power, to any person or public or private entity. Except to maintain system integrity, the department shall sell the power that is to be delivered to retail end use customers within the service area of the electrical corporations that purchase power from the electrical corporations directly to the retail end use customers. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  58. 8012.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council must have a competent person prepare general plans and cost estimates for the contemplated works.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8012. The city council shall have some competent person make general plans and estimates of the cost of the contemplated works. (Added by Stats. 1943, Ch. 369.)
  59. 80120.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may set the procedure and charges for selling or otherwise disposing of power it purchased.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80120. The department may fix and establish the procedure and charges for the sale or other disposal of power purchased by the department. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  60. 80122.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may take certain actions needed for the division, including hiring staff, using private parties, and contracting with other public agencies. The State Personnel Board and the Department of Human Resources must help speed up hiring.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2. Power Program [80100 - 80122] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## ARTICLE 1. Powers of the Department [80100 - 80122] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80122. The department may do any of the following as may be, in the determination of the department, necessary for the purposes of this division: (a) Hire and appoint employees as required, at salary levels determined by the director to be competitive to attract and retain persons with the necessary expertise and skills. Prior to hiring or appointing an employee at a salary in excess of a salary approved by the Department of Human Resources, the director shall submit the proposed salary to the Director of Finance who shall submit it to the Legislature in accordance with Section 27.00 of the annual Budget Act. No excess salary authorized under this section may be paid on or after January 1, 2003. The excess portion of a salary authorized under this section may not be considered salary in the calculation of final compensation for purposes of benefits under the Public Employees’ Retirement System. (b) Engage the services of private parties to render professional and technical assistance and advice and other services in carrying out the purposes of this division. (c) Contract for the services of other public agencies. (d) The State Personnel Board and the Department of Human Resources shall assist the department in expediting the hiring of personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this division. (Amended by Stats. 2012, Ch. 665, Sec. 191. (SB 1308) Effective January 1, 2013.)
  61. 8013.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    After adoption, the general plans and estimates must be filed with the city clerk and then substantially followed in proceedings under this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8013. The general plans and estimates shall, after adoption, be filed in the office of the clerk of the city, and shall be substantially adhered to thereafter in proceedings under this chapter. (Added by Stats. 1943, Ch. 369.)
  62. 80130.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department may issue bonds and incur debt, but it cannot issue bonds if the expected debt service would exceed available fund amounts.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80130. (a) The department may incur indebtedness and issue bonds as evidence thereof, provided that bonds may not be issued in an amount the debt service on which, to the extent payable from the fund, is estimated by the department to exceed the amounts estimated to be available in the fund for their payment. (b) The department may authorize the issuance of bonds (excluding notes issued in anticipation of the issuance of bonds and retired from the proceeds of those bonds) in an aggregate amount up to the greater of thirteen billion four hundred twenty-three million dollars ($13,423,000,000) or the amount calculated by multiplying by a factor of four the annual revenues generated by the California Procurement Adjustment, as determined by the commission pursuant to Section 360.5 of the Public Utilities Code if the aggregate amount does not exceed thirteen billion four hundred twenty-three million dollars ($13,423,000,000). (c) This section does not prohibit the department from issuing bonds prior to the effective date of this bill based upon the authorization granted to the department by the provisions of Chapter 4 of the Statutes of 2001–02 First Extraordinary Session. (d) (1) Refunding bonds for any of the following purposes shall not be included in the calculation of the aggregate amount: (A) Refunding bonds to obtain a lower interest rate. (B) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed interest rate. (C) Refunding bonds if any nationally recognized rating agency reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded. (2) All refunding bonds issued by the department under this chapter before January 1, 2010, shall be deemed to have been issued for one or more purposes described in this subdivision and shall not be included in the calculation of the aggregate amount. (e) In addition, before the issuance of bonds in a public offering, the department shall establish a mechanism to ensure that the bonds will be sold at investment grade ratings and repaid on a timely basis from pledged revenues. This mechanism may include, but is not limited to, an agreement between the department and the commission as described in Section 80110. (Amended by Stats. 2009, Ch. 154, Sec. 1. (AB 1550) Effective January 1, 2010.)
  63. 80132.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    This section lets the department issue bonds only with the required written authorization and approvals, and it sets rules for notice, security, taxation, liability, and repayment.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80132. (a) Bonds may be issued by the department upon authorization by written determination of the director of the department with the approval of the Director of Finance and the State Treasurer. The Department of Finance shall notify the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations of its written determination. The bonds shall be sold at such prices and in such manner, and on such terms and conditions, as shall be specified in such determination, and such determination may contain or authorize any other provision, condition, or limitation not inconsistent herewith and such provisions as may be deemed reasonable and proper for the security of the bondholders. Bonds may mature at such time or times, and bear interest at such rate or rates, which may be fixed or variable and be determined by reference to an index or such other method, as shall be specified in such determination. Neither the person executing the determination to issue bonds nor any person executing bonds shall be personally liable therefor or be subject to any personal liability or accountability by reason of the issuance thereof. (b) In the discretion of the department, any bonds may be secured by a trust agreement by and between the department and a corporate trustee, which may be any trust company or bank having trust powers within or without the state, or the State Treasurer. Notwithstanding any other provision of law, the State Treasurer shall not be deemed to have a conflict of interest by reason of acting as such trustee. The department may enter into such contracts or arrangements as it shall deem to be necessary or appropriate for the issuance and further security of the bonds. (c) Bonds shall be legal investments for all trust funds, the funds of all insurance companies, banks both commercial and savings, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and, for any funds that may be invested in county, school, or municipal bonds. (d) Notwithstanding that bonds may be payable from a special fund, they shall be deemed to be negotiable instruments for all purposes. (e) Any and all bonds, their transfer and the income therefrom shall at all times be free from taxation of every kind by the state and by all political subdivisions of the state. (f) Bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the department, or a pledge of the faith and credit of the state or of any such political subdivision but shall be payable solely from the funds herein provided for. All bonds shall contain a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (g) The department may pledge or assign any revenues under any obligation entered into, and rights to receive the same, and moneys on deposit in the fund and income or revenue derived from the investment thereof, as security for the department’s obligations hereunder. It is the intention of the Legislature that any pledge of moneys, revenues, or property made by the department shall be valid and binding from the time when the pledge is made; that the moneys, revenues, or property so pledged and thereafter collected from retail end use customers, or paid directly or indirectly to or for the account of the department, is hereby made, and shall immediately be, subject to the lien of such pledge without any physical delivery thereof or further act; that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the department irrespective of whether such parties have notice thereof, and that no resolution or instrument by which such pledge or lien created pursuant to this subdivision is expressed, confirmed, or approved need be filed or recorded in order to perfect such pledge or lien. The provisions hereof shall in all respects govern the creation, perfection, priority, and enforcement of any lien created hereby or hereunder. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 9, Sec. 6. Effective August 13, 2001.)
  64. 80134.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The department must set and revise revenue requirements, at least annually and more often if required, to cover specified bond, power, reserve, repayment, and administrative costs, and it must notify the commission of the revenue requirement.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 2.5. Bonds [80130 - 80134] ( Chapter 2.5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80134. (a) The department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys on deposit in the fund, to provide all of the following: (1) The amounts necessary to pay the principal of and premium, if any, and interest on all bonds as and when the same shall become due. (2) The amounts necessary to pay for power purchased by it and to deliver it to purchasers, including the cost of electric power and transmission, scheduling, and other related expenses incurred by the department, or to make payments under any other contracts, agreements, or obligations entered into by it pursuant hereto, in the amounts and at the times the same shall become due. (3) Reserves in such amount as may be determined by the department from time to time to be necessary or desirable. (4) The pooled money investment rate on funds advanced for electric power purchases prior to the receipt of payment for those purchases by the purchasing entity. (5) Repayment to the General Fund of appropriations made to the fund pursuant hereto or hereafter for purposes of this division, appropriations made to the Department of Water Resources Electric Power Fund, and General Fund moneys expended by the department pursuant to the Governor’s Emergency Proclamation dated January 17, 2001. (6) The administrative costs of the department incurred in administering this division. (b) The department shall notify the commission of its revenue requirement pursuant to Section 80110. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  65. 8014.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    After the general plans and estimates are filed, the city council must decide, under the stated approval and voting conditions, whether the public good requires the work to be built, acquired, completed, or any of those steps.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8014. After the filing of the general plans and estimates, and by resolution or ordinance of intention passed at a regular meeting by a vote of two-thirds of all its members and approved by the executive of the city, the city council shall determine, if so advised, that the public good demands the construction, acquisition, and completion, or either, of the works. (Added by Stats. 1943, Ch. 369.)
  66. 8015.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council must determine, if advised to do so, whether the cost of the works is too high to be paid from the city’s ordinary income or revenue.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8015. The city council, by the same resolution or ordinance, shall determine, if so advised, that the cost of the works will be too great to be paid out of the ordinary income or revenue of the city. (Added by Stats. 1943, Ch. 369.)
  67. 8016.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A resolution or ordinance of intention must be published after it has passed and been approved.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Preliminary Proceedings [8010 - 8016] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8016. The resolution or ordinance of intention, shall, after its passage and approval, be published. (Added by Stats. 1943, Ch. 369.)
  68. 8020.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council must call a special election and put a debt proposition to the city’s qualified voters within one month after the resolution or ordinance of intention is published, using the required vote and approval process.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8020. Within one month after the publication of the resolution or ordinance of intention, and by resolution or ordinance passed at a regular meeting by a vote of two-thirds of all its members, and approved by the executive of the city, the city council shall call a special election, and submit to the qualified voters of the city the proposition to incur a debt for any or all of the purposes mentioned in this chapter which have been determined to be demanded for the public good. (Added by Stats. 1943, Ch. 369.)
  69. 80200.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 3. Department of Water Resources Electric Power Fund [80200- 80200.] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    The section creates the Department of Water Resources Electric Power Fund, makes its money continuously appropriated to the department, and restricts fund use to authorized division purposes.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 3. Department of Water Resources Electric Power Fund [80200- 80200.] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80200. (a) There is hereby established in the State Treasury the Department of Water Resources Electric Power Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal year, to the department, and shall be available for the purposes of this division. It is the intent of the Legislature that this fund be a continuation of the fund created in Chapter 3 of the Statutes of 2001 (SB 7 of the First 2001–02 Extraordinary Session). (b) All revenues payable to the department under this division shall be deposited in the fund. Notwithstanding any other provision of law, interest accruing on money in the fund shall remain in the fund and shall be used for the purposes of this division. Payments from the fund may be made only for the purposes authorized by this division, including, but not limited to, payments for any of the following: (1) The cost of electric power and transmission, scheduling, and other related expenses incurred by the department. (2) The pooled money investment rate on funds advanced for electric power purchases prior to the receipt of payment for those purchases by the purchasing entity. (3) Payment of any bonds or other contractual obligations authorized by this division. (4) Repayment to the General Fund of appropriations made to the fund pursuant hereto or hereafter for purposes of this division, appropriations made to the Department of Water Resources Electric Power Fund, and General Fund moneys expended by the department pursuant to the Governor’s Emergency Proclamation dated January 17, 2001. That repayment shall be made as soon as practicable. (c) Except as provided in subdivision (b) of Section 5 of the statute adding this section, the administrative costs of the department incurred in administering this division shall be provided in the annual Budget Act. (d) Obligations authorized by this division shall be payable solely from the fund. Neither the full faith and credit nor the taxing power of the state are or may be pledged for any payment under any obligation authorized by this division. (e) While any obligations of the department incurred under this division remain outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department and the commission shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of or parties to such obligations. The department may include this pledge and undertaking of the state in the department’s obligations. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 9, Sec. 7. Effective August 13, 2001.)
  70. 8021.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A resolution or ordinance calling the special election must list the purpose, estimated cost, bond details, interest rate, and annual tax levy for bond payment.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8021. The resolution or ordinance calling the special election shall specify the following: (a) The purpose for which the indebtedness is proposed to be incurred. (b) The estimated cost of the things proposed. (c) That bonds of the city will issue in the amount of the estimated cost. (d) The number and character of the bonds. (e) The rate of interest to be paid. (f) The amount of the tax levy for each year during the outstanding of the bonds to be made for their payment. (Added by Stats. 1943, Ch. 369.)
  71. 8022.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The resolution or ordinance calling the election must be published.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8022. The resolution or ordinance calling the election shall be published. (Added by Stats. 1943, Ch. 369.)
  72. 8023.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council must publish a notice of the election before the special election, after the calling resolution or ordinance is published.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8023. The city council shall publish, after the publication of the resolution or ordinance calling the election and prior to the day of holding the special election, a notice of the election, which shall set forth substantially all the matters contained in the resolution or ordinance calling the election. (Added by Stats. 1943, Ch. 369.)
  73. 8024.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The special election must be held using the legal procedure that applies to city elections.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8024. The special election shall be held in the manner provided by law for holding elections in the city. (Added by Stats. 1943, Ch. 369.)
  74. 8025.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

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    A two-thirds vote of the voters at the special election is required to authorize indebtedness or bond issuance under this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8025. The votes of two-thirds of all the voters voting at the special election are necessary to authorize the incurring of any indebtedness or the issuance of any bonds under this chapter. (Added by Stats. 1943, Ch. 369.)
  75. 8026.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. )

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    If two-thirds of votes at the special election favor the proposition, the city council may pass an ordinance to issue the proposed bonds.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Election [8020 - 8026] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8026. If two-thirds of all the votes cast at the special election are in favor of the proposition submitted, the city council may, by ordinance reciting the result of the election, provide for the issuance of the proposed bonds and any matter incidental thereto. (Added by Stats. 1943, Ch. 369.)
  76. 80260.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 5. Termination of Authority to Contract [80260- 80260.] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

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    After January 1, 2003, the department may not contract for the purchase of electrical power under this division.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 5. Termination of Authority to Contract [80260- 80260.] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80260. On and after January 1, 2003, the department shall not contract under this division for the purchase of electrical power. This section does not affect the authority of the department to administer contracts entered into prior to that date or the department’s authority to sell electricity. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
  77. 80270.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 6. Audit [80270- 80270.] ( Chapter 6 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. )

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    The California State Auditor’s Office must conduct a financial and performance audit of the department’s implementation of this division.

    ## Water Code - WAT ## DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER [80000 - 80270] ( Division 27 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 6. Audit [80270- 80270.] ( Chapter 6 added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. ) ## 80270. The California State Auditor’s Office shall conduct a financial and performance audit of the department’s implementation of this division. The audit shall be completed before December 31, 2001. The office shall issue a final report on or before March 31, 2003. (Amended by Stats. 2012, Ch. 281, Sec. 43. (SB 1395) Effective January 1, 2013.)
  78. 8030.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Bonds issued under this chapter must be serial bonds, and the city council decides their denominations.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8030. All bonds issued under this chapter shall be serial bonds and of such denominations as the city council determines. (Added by Stats. 1943, Ch. 369.)
  79. 8031.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A bond must be at least $100 and no more than $1,000.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8031. No bond shall be for less than one hundred dollars ($100) nor for more than one thousand dollars ($1,000). (Added by Stats. 1943, Ch. 369.)
  80. 8032.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Bond terms must require at least one-fortieth of the total bond indebtedness to be payable each year.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8032. Not less than one-fortieth part of the whole indebtedness evidenced by the whole of the issue of bonds shall be, by the terms of the bonds, made payable each and every year. (Added by Stats. 1943, Ch. 369.)
  81. 8033.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Each bond must be payable in U.S. lawful money on the day and at the place stated in the bond, with the interest rate stated in the bond.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8033. Each bond shall be made payable in lawful money of the United States on a day and at a place designated in the bond, with interest at the rate specified in the bond. (Added by Stats. 1943, Ch. 369.)
  82. 8034.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The bond interest rate may not exceed 8% per year, and the city council sets the rate.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8034. The interest rate shall not exceed 8 percent per annum, and shall be fixed by the city council. (Amended by Stats. 1975, Ch. 130.)
  83. 8035.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The payment location must be either the city treasurer’s office or a designated bank in San Francisco, Chicago, or New York.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8035. The place of payment shall be either at the office of the treasurer of the city, or at some designated bank in San Francisco, Chicago, or New York. (Added by Stats. 1943, Ch. 369.)
  84. 8036.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    City bonds must be executed by the mayor or other executive and the treasurer, and countersigned by the city clerk.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8036. The bonds shall be executed on the part of the city by the mayor or other executive, and the treasurer, and countersigned by the clerk of the city. (Added by Stats. 1943, Ch. 369.)
  85. 8037.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Interest coupons must be numbered consecutively and signed by the treasurer.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8037. The interest coupons shall be numbered consecutively and signed by the treasurer. (Added by Stats. 1943, Ch. 369.)
  86. 8038.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

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    The city council may issue and sell the bonds, but not for less than face value.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8038. Any of the bonds may be issued and sold by the city council at not less than its face value. (Added by Stats. 1943, Ch. 369.)
  87. 8039.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. )

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    Bond sale proceeds must be deposited in the city treasury, used only for the voter-approved purposes, and any surplus may later be moved to the city’s general fund.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Bonds [8030 - 8039] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8039. The proceeds of the sale of the bonds shall be deposited in the city treasury to the credit of a designated fund and shall be applied exclusively to the purposes and objects for which the electors have voted to incur indebtedness or liability until the purposes and objects are accomplished, after which the surplus, if any, may be transferred to the general fund of the city. (Added by Stats. 1943, Ch. 369.)
  88. 80400.

    ## Water Code - WAT ## DIVISION 27.5. State Water Project Energy Procurement [80400- 80400.] ( Division 27.5 added by Stats. 2022, Ch. 361, Sec. 8. )

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    The department must procure renewable and zero-carbon energy resources for the State Water Project, and several procurement conditions and timing rules apply.

    ## Water Code - WAT ## DIVISION 27.5. State Water Project Energy Procurement [80400- 80400.] ( Division 27.5 added by Stats. 2022, Ch. 361, Sec. 8. ) ## 80400. (a) (1) The department shall procure eligible renewable energy resources and zero-carbon resources to satisfy the state agency obligations imposed on the State Water Resources Development System, commonly known as the State Water Project, pursuant to subdivision (a) of Section 454.53 of the Public Utilities Code. (2) If the department determines that the full achievement of the state agency obligations imposed on the State Water Resources Development System would require the early termination of an existing contract to procure fossil generation entered before January 1, 2010, and that early termination would result in significant uneconomic costs, the department may defer procuring zero-carbon electricity resource quantities equal to the amount of electricity provided under the existing contract until no later than December 31, 2040. (3) In the event that extraordinary circumstances, catastrophic events, considerable supply chain disruptions and equipment shortages, or threats of significant economic harm render full achievement of the obligations imposed on the State Water Resources Development System pursuant to subdivision (a) of Section 454.53 of the Public Utilities Code infeasible, the Governor may adjust the applicable deadline for the department’s compliance to the earliest feasible date, but that date shall be no later than December 31, 2040. (b) The department may satisfy all or a portion of the obligation on the State Water Resources Development System pursuant to subdivision (a) of Section 454.53 of the Public Utilities Code by installing or connecting zero-carbon resources or eligible renewable energy resources behind the meter on State Water Resources Development System property or properties to service its load. (c) All resources procured pursuant to subdivision (a) after February 1, 2022, shall satisfy both of the following criteria: (1) The eligible renewable energy resources and zero-carbon resources shall either be newly developed as a result of contracting by the department or constitute incremental production from existing resources and reach initial commercial operations on or after January 1, 2023. This requirement may be satisfied if the resource is newly developed by a local publicly owned electric utility with the expectation that the output would be sold to the department in support of the State Water Resources Development System. (2) The eligible renewable energy resources and zero-carbon resources shall be located within California or have a first point of interconnection to a California balancing authority. (d) In conducting procurement pursuant to subdivision (a), the department shall consider all of the following: (1) Procurement commitments that may yield maximum long-term employment, stimulate new economic activity, generate local and state tax revenues, and assist with the development of new industries. (2) Attributes, including resource adequacy, flexibility, and integration value, the ability to provide firm clean electricity, and local air quality benefits. (3) The results of integrated resource planning modeling conducted by the Public Utilities Commission pursuant to Section 454.52 of the Public Utilities Code. (e) The department shall consider doing all of the following to reduce the costs of any procurement made pursuant to this section: (1) Coordinate with the California Infrastructure and Economic Development Bank to make low-cost financing assistance available to new projects included in any procurement commitments. (2) Coordinate with other state agencies to identify incentives from existing programs for new projects included in any procurement commitments. (3) (A) If reasonably expected to provide incremental benefits, secure an ownership stake or royalties for any project or economic activity resulting from a contractual commitment. (B) (i) Incremental benefits of ownership may include the election by the department of payment of applicable credits pursuant to the federal Inflation Reduction Act of 2022 (Public Law 117-169). If the department elects for direct payment of those applicable credits, those payments shall be deposited directly into the California Water Resources Development Bond Account created pursuant to Section 12935.5. (ii) Within 10 days of any payments being deposited in the California Water Resources Development Bond Account, described in clause (i), the department shall provide written notice to the Joint Legislative Budget Committee, who shall provide a copy of the notice to the relevant policy committees. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the department. (f) All resources procured pursuant to this section shall be used first to meet the department’s own electricity needs. A renewable energy credit, as defined in Section 399.12 of the Public Utilities Code, associated with the electricity used to satisfy the obligations of the department and the State Water Resources Development System under this section shall be retired and shall not be transferred or resold. (g) The department shall enter into an agreement to procure energy from a new energy generation facility only if the seller requires its contractors to use a multicraft project labor agreement, as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code, for construction of the facility. Those project labor agreements shall conform to the industry standard agreements recently used for other similar private projects, including side letters for high-voltage transmission and related work. (Amended by Stats. 2023, Ch. 53, Sec. 13. (SB 124) Effective July 10, 2023.)
  89. 8050.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. )

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    A city council may make rules for the works, appoint needed staff to supervise and build them, and protect the city’s rights and interests in the works.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. ) ## 8050. The city council of every city in or for which any works are constructed for the purposes specified in this chapter, and for which indebtedness has been incurred under the provisions of this chapter may do any of the following: (a) Make all needed rules and regulations for acquisition, construction, and completion of the works. (b) Appoint all necessary agents, superintendents, and engineers to supervise and construct the works. (c) Protect and preserve the rights and interests of the city in respect to the works. (Added by Stats. 1943, Ch. 369.)
  90. 80500.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

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    This section says the division does not reduce or modify an electrical corporation’s obligation to serve, and the commission may issue orders needed to carry out the section.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80500. Nothing in this division shall be construed to reduce or modify an electrical corporation’s obligation to serve. The commission shall issue orders it determines are necessary to carry out this section. (Added by renumbering Section 80502 by Stats. 2019, Ch. 396, Sec. 53. (AB 1513) Effective January 1, 2020.)
  91. 80502.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

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    This section says the wildfire prevention and recovery division serves the public welfare and should be interpreted liberally to achieve its purposes.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80502. (a) The development and operation of a program as provided in this division is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose. (b) This division shall be liberally construed in a manner so as to effectuate its purposes and objectives. (Added by renumbering Section 80503 by Stats. 2019, Ch. 396, Sec. 54. (AB 1513) Effective January 1, 2020.)
  92. 80504.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

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    The department’s powers and responsibilities under this division are separate from the State Water Resources Development System rules, and the charge fund is separate from other department funds.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80504. (a) The powers and responsibilities of the department established pursuant to this division are separate from, and not governed by, the provisions relating to the State Water Resources Development System. (b) The Department of Water Resources Charge Fund established in Section 80550 and the moneys in that fund are separate and distinct from any other fund and moneys administered by the department. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  93. 80506.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

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    This section defines several terms used in this division.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80506. As used in this division, unless the context otherwise requires, all of the following terms have the following meanings: (a) “Account” means the Continuation Account created pursuant to Section 3298 of the Public Utilities Code. This subdivision shall become operative upon all large electrical corporations electing to participate in the account pursuant to Section 3299 of the Public Utilities Code. (b) “Administrator” has the same meaning as defined in Section 3280 of the Public Utilities Code. (c) “Bonds” means bonds, notes, or other evidences of indebtedness issued solely for purposes of supporting the Wildfire Fund or the account and other related expenses incurred by the department pursuant to this division, or for reimbursing expenditures from the fund or the Wildfire Fund or the account for those purposes; repaying to the Surplus Money Investment Fund any loans made to the Wildfire Fund; establishing or maintaining reserves in connection with the bonds; costs of issuance of bonds or incidental to their payment or security; capitalized interest; or renewing or refunding any bonds. (d) “Commission” means the Public Utilities Commission. (e) “Electrical corporation” means a large electrical corporation, as defined in Section 3280 of the Public Utilities Code, that participates in the Wildfire Fund or the account, as appropriate. (f) “Fund” means the Department of Water Resources Charge Fund established by Section 80550. (g) “Wildfire Fund” has the same meaning as defined in Section 3280 of the Public Utilities Code. (Amended by Stats. 2025, Ch. 119, Sec. 68. (SB 254) Effective September 19, 2025.)
  94. 80508.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department may issue and enforce emergency regulations for this division, and state-contract rules generally apply to contracts under this division unless the department finds that doing so would undermine the division’s purposes.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80508. (a) The department may prescribe, adopt, and enforce emergency regulations relating to the administration and enforcement of this division. Any emergency regulations prescribed, adopted, or enforced pursuant to this division shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of such regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (b) The provisions of the Government Code and Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements and prompt payment requirements, apply to contracts entered into under this division, unless the department determines that application of any of those provisions to contracts entered into under this division is detrimental to accomplishing the purposes of this division. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  95. 8051.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council must let all contracts for the works to the lowest responsible bidder, in parcels it determines, after publishing notice inviting sealed proposals.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. ) ## 8051. All contracts for the works shall be let, in such parcels as the city council determines, to the lowest responsible bidder, after notice inviting sealed proposals has been published. (Added by Stats. 1943, Ch. 369.)
  96. 80510.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    State agencies, official state organizations, and their connected persons must help the department when the department asks, by providing assistance or cooperation.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 1. General Provisions [80500 - 80510] ( Chapter 1 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80510. All state agencies and other official state organizations, and all persons connected with those agencies and organizations, shall, at the request of the department, give the department assistance or other cooperation in carrying out the purposes of this division. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  97. 8052.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council may require security or bonds for bidding and contract performance, and it sets the amount.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. ) ## 8052. Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or either, in such amount as the city council determines. (Added by Stats. 1943, Ch. 369.)
  98. 80520.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department may contract for billing, collection, and related services with an electrical corporation or its successor, and the commission must order performance at the department’s request.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80520. (a) The department may contract with an electrical corporation or its successor in the performance of related service, as an agent of the department, to provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation or its successor for its services, and adequately secure payment to the department. (b) At the request of the department, the commission shall order an electrical corporation or its successor to perform the duties pursuant to a contract described in subdivision (a). (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  99. 80522.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The commission may make rules about enforcing the agency functions under this division, including collection and payment to the department.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80522. The commission may issue rules regulating the enforcement of the agency functions pursuant this division, including collection and payment to the department. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  100. 80524.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    This section sets how the wildfire revenue requirement is calculated and how the commission and department must adjust and report charges and collections.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80524. (a) (1) The revenue requirement for each year or, with respect to the first year and last year, the pro rata portion of the year, shall be equal to the average annual amount of collections by the department with respect to charges imposed pursuant to the revenue requirements established by the department under Section 80110 for the period from January 1, 2013, through December 31, 2018. Except as provided in paragraph (2), the revenue requirement shall remain in effect until January 1, 2036. (2) The revenue requirement specified in paragraph (1) shall remain in effect until January 1, 2046, if the Public Utilities Commission imposes a nonbypassable charge pursuant to Section 3299.2 of the Public Utilities Code. This paragraph shall become operative upon all large electrical corporations electing to participate in the account pursuant to Section 3299 of the Public Utilities Code. (b) If, pursuant to Section 3289 of the Public Utilities Code, the commission makes a just and reasonable determination with respect to the revenue requirement, then the commission shall enter into an agreement with the department with respect to charges under Section 3289 of the Public Utilities Code with respect to the revenue requirement, and that agreement shall have the force and effect of an irrevocable financing order adopted in accordance with Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, as determined by the commission. The agreement and financing order shall provide for the administration of the revenue requirement, including provisions to the effect that (1) the department shall notify the commission each year of the annual collections received by the department with respect to the revenue requirement and the amount of any excess or deficiency in collections above or below the revenue requirement and that the commission shall adjust charges in the subsequent year to reflect any such excess or deficiency, and (2) during any revenue requirement period if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund any of the amounts in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 80544, then the department shall notify the commission in writing and the commission shall act within 30 days to increase charges so that the amounts collected during that period are sufficient to meet those obligations. For avoidance of doubt, no such adjustment to charges by the commission shall affect in any respect the commission’s just and reasonable determination with respect to the revenue requirement. (c) (1) If, pursuant to Section 3299.2 of the Public Utilities Code, the commission makes a just and reasonable determination with respect to the revenue requirement, then the commission shall enter into an agreement with the department with respect to charges under Section 3299.2 of the Public Utilities Code with respect to the revenue requirement, and that agreement shall have the force and effect of an irrevocable financing order adopted in accordance with Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, as determined by the commission. The agreement and financing order shall provide for the administration of the revenue requirement, including provisions to the effect that: (A) the department shall notify the commission each year of the annual collections received by the department with respect to the revenue requirement and the amount of any excess or deficiency in collections above or below the revenue requirement and that the commission shall adjust charges in the subsequent year to reflect any such excess or deficiency; and (B) during any revenue requirement period, if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund any of the amounts in paragraphs (1) to (4), inclusive, subdivision (a) of Section 80544.5, then the department shall notify the commission in writing and the commission shall act within 30 days to increase charges so that the amounts collected during that period are sufficient to meet those obligations. For avoidance of doubt, no such adjustment to charges by the commission shall affect in any respect the commission’s just and reasonable determination with respect to the revenue requirement. (2) This subdivision shall become operative upon all large electrical corporations electing to participate in the account pursuant to Section 3299 of the Public Utilities Code. (Amended by Stats. 2025, Ch. 119, Sec. 69. (SB 254) Effective September 19, 2025.)
  101. 80526.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    An electrical corporation must segregate certain moneys received under Section 80520 and hold them in trust for the department until they are paid over.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80526. To the extent any moneys are received by an electrical corporation pursuant to Section 80520 in the process of collection, and pending their transfer to the department, those moneys shall be segregated by the electrical corporation on terms and conditions established by the department and shall be held in trust for the department’s exercise of its obligations regarding those moneys until paid over to the department pursuant to the contract or order established pursuant to Section 80520. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  102. 80528.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department may hire personnel, contract with private parties or other public agencies, and take related actions needed to carry out this division. The State Personnel Board and the Department of Human Resources must assist with speeding up the hiring.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 2. Powers of the Department [80520 - 80528] ( Chapter 2 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80528. (a) The department may do any of the following as may be, in the determination of the department, necessary for the purposes of this division: (1) Engage the services of private parties to render professional and technical assistance and advice and other services in carrying out the purposes of this division. (2) Contract for the services of other public agencies. (3) Engage in such activities or enter into such contracts or arrangements as may be necessary or desirable to carry out the department’s duties and responsibilities pursuant to this division. (b) Hire personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this division. The State Personnel Board and the Department of Human Resources shall assist the department in expediting that hiring. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  103. 8053.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council may reject any or all bids.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. ) ## 8053. The city council may reject any or all bids. (Added by Stats. 1943, Ch. 369.)
  104. 8054.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The city council may, by resolution, require the city treasurer to give additional bonds for the safe custody and care of public funds derived under this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Powers of City Council [8050 - 8054] ( Article 5 added by Stats. 1943, Ch. 369. ) ## 8054. The city council may, by resolution, require the treasurer of the city to give additional bonds for the safe custody and care of public funds derived under this chapter. (Added by Stats. 1943, Ch. 369.)
  105. 80540.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department may issue bonds and incur debt for wildfire-related purposes, but only within stated limits and subject to conditions on repayment, maturity, and timing.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80540. (a) (1) The department may incur indebtedness and issue bonds as evidence thereof solely for purposes of supporting the Wildfire Fund and other related expenses incurred by the department pursuant to this division, provided that bonds authorized pursuant to this paragraph shall not (A) be issued in an amount the debt service on which, to the extent payable from the fund, is estimated by the department to exceed the amounts estimated to be available in the fund for their payment, and (B) mature after January 1, 2036. (2) If the administrator provides the notification pursuant to subdivision (b) of Section 3299.1 of the Public Utilities Code, the department may incur indebtedness and issue bonds as evidence thereof solely for purposes of supporting the account and other related expenses incurred by the department pursuant to this division, provided that bonds authorized under this paragraph shall not be issued in an amount the debt service on which, to the extent payable from the account, including the annual contributions and additional contribution pursuant to Section 3299.2 of the Public Utilities Code, is estimated by the department to exceed the amounts estimated to be available in the account for their payment. This paragraph shall become operative upon all large electrical corporations electing to participate in the account pursuant to Section 3299 of the Public Utilities Code. (b) (1) The department may authorize the issuance of bonds pursuant to paragraph (1) of subdivision (a), excluding any notes issued in anticipation of the issuance of bonds and retired from the proceeds of those bonds, in an aggregate amount up to ten billion five hundred million dollars ($10,500,000,000). (2) In addition to paragraph (1), if the administrator provides the notification pursuant to subdivision (b) of Section 3299.1 of the Public Utilities Code, the department may authorize the issuance of bonds pursuant to paragraph (2) of subdivision (a), excluding any notes issued in anticipation of the issuance of bonds and retired from the proceeds of those bonds, in an aggregate amount up to nine billion dollars ($9,000,000,000). This paragraph shall become operative upon all large electrical corporations electing to participate in the account pursuant to Section 3299 of the Public Utilities Code. (c) Refunding bonds for any of the following purposes shall not be included in the calculation of the aggregate amount described in subdivision (b): (1) Refunding bonds to obtain a lower interest rate. (2) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed rate. (3) Refunding bonds if any nationally recognized rating agency reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded. (d) Before the issuance of bonds in a public offering, the department shall establish a mechanism to ensure the bonds are sold at investment grade ratings and repaid on a timely basis from pledged revenues. This mechanism may include, but is not limited to, an agreement between the department and the commission as described in Section 80524. (e) Notwithstanding any provision of this division to the contrary, the department shall not issue any bonds pursuant to this division until the earlier of either of the following: (1) The date on which the department shall have legally defeased all of its outstanding power supply revenue bonds issued pursuant to Section 80134 and provided written notice to the commission. (2) The date on which the department shall have paid in full, at maturity, all of its outstanding power supply revenue bonds issued pursuant to Section 80134 and provided written notice to the commission. (Amended by Stats. 2025, Ch. 119, Sec. 70. (SB 254) Effective September 19, 2025.)
  106. 80542.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department may issue bonds only with the required written authorization and approvals, and the Department of Finance must notify legislative budget committee leaders of its written determination.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80542. (a) Bonds may be issued by the department, upon authorization by written determination of the director of the department, with the approval of the Director of Finance and the Treasurer, on terms acceptable to and approved by the administrator. The Department of Finance shall notify the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees of each house of the Legislature of its written determination. The bonds shall be sold at the prices and in the manner, and on the terms and conditions, as shall be specified in that determination, and the determination may contain or authorize any other provision, condition, or limitation not inconsistent with this division and those provisions as may be deemed reasonable and proper for the security of the bondholders. Bonds may mature at the time or times, and bear interest at the rate or rates, which may be fixed or variable and be determined by reference to an index or such other method, that are specified in the determination. Neither the person executing the determination to issue bonds nor any person executing bonds shall be personally liable therefor or be subject to any personal liability or accountability by reason of the issuance of the bonds. (b) In the discretion of the department, any bonds may be secured by a trust agreement by and between the department and a corporate trustee, which may be any trust company or bank having trust powers within or outside the state, or the Treasurer. Notwithstanding any other law, the Treasurer shall not be deemed to have a conflict of interest by reason of acting as the trustee. The department may enter into such contracts or arrangements as it shall deem to be necessary or appropriate for the issuance and further security of the bonds. (c) Bonds shall be legal investments for all trust funds, the funds of all insurance companies, savings and commercial banks, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and for any funds that may be invested in county, school, or municipal bonds. (d) Notwithstanding that bonds may be payable from a special fund, the bonds shall be deemed to be negotiable instruments for all purposes. (e) Any bonds, and the transfer of and income derived from those bonds, shall at all times be free from taxation of every kind by the state and by the political subdivisions of the state. (f) Bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the department, or a pledge of the faith and credit of the state or of any such political subdivision, but shall be payable solely from the funds herein provided for. All bonds shall contain a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (g) (1) The department may pledge or assign any revenues under any obligation entered into, and rights to receive the same, and moneys on deposit in the fund and income or revenue derived from the investment thereof, as security for the department’s obligations pursuant to this division. (2) It is the intent of the Legislature that any pledge of moneys, revenues, or property made by the department shall be valid and binding from the time when the pledge is made; that the moneys, revenues, or property so pledged and thereafter collected from retail end use customers, or paid directly or indirectly to or for the account of the department, is hereby made, and shall immediately be, subject to the lien of that pledge without any physical delivery thereof or further act; that the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the department irrespective of whether those parties have notice thereof, and that no resolution or instrument by which the pledge or lien created pursuant to this subdivision is expressed, confirmed, or approved need be filed or recorded in order to perfect the pledge or lien. These provisions shall in all respects govern the creation, perfection, priority, and enforcement of any lien created by or under this division. (Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
  107. 80544.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department must allocate collected moneys at least annually for listed bond, reserve, repayment, cost, and transfer purposes, and the commission may not revise the revenue requirement before January 1, 2036. The revenue requirement also cannot be imposed or collected until the stated bond-defeasance and notice conditions are met.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80544. (a) If, pursuant to subdivision (b) of Section 80524, the commission makes a just and reasonable determination with respect to that revenue requirement, the department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, allocate or cause to be allocated moneys collected pursuant to this division to provide any of the following: (1) The amounts necessary to pay the principal of, and premium, if any, and interest on, bonds issued pursuant to paragraph (1) of subdivision (b) of Section 80540 as and when the bonds shall become due. (2) The amounts necessary to make payments under any contracts, agreements, or obligations entered into by it pursuant hereto, in the amounts and at the times they shall become due. (3) Reserves in such amount as may be determined by the department from time to time to be necessary or desirable. (4) Consistent with Section 3288 of the Public Utilities Code, repayment of loans made from the Surplus Money Investment Fund to the Wildfire Fund. (5) The administrative costs of the department incurred in administering this division. (6) After meeting the purposes in paragraphs (1) to (5), inclusive, the transfer of any remaining revenue requirement amount to the Wildfire Fund. (b) The commission shall not revise the revenue requirement established pursuant to subdivision (b) of Section 80524 at any time before January 1, 2036. For avoidance of doubt, the revenue requirement established pursuant to that subdivision shall not be imposed and collected until the department has legally defeased or paid at maturity the power supply revenue bonds issued pursuant to Section 80134 and provided written notice thereof to the commission. (Amended by Stats. 2025, Ch. 119, Sec. 71. (SB 254) Effective September 19, 2025.)
  108. 80544.5.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. )

    Verify source ↗

    The department must allocate certain collected moneys at least annually, and the commission may not revise the revenue requirement before January 1, 2046.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 3. Bonds [80540 - 80544.5] ( Chapter 3 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80544.5. (a) If, pursuant to subdivision (c) of Section 80524, the commission makes a just and reasonable determination with respect to that revenue requirement, the department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, allocate or cause to be allocated moneys collected pursuant to this division to provide any of the following: (1) The amounts necessary to pay the principal of, and premium, if any, and interest on, bonds issued pursuant to paragraph (2) of subdivision (b) of Section 80540 as and when the bonds shall become due. (2) The amounts necessary to make payments under any contracts, agreements, or obligations entered into by it pursuant hereto, in the amounts and at the times they shall become due. (3) Reserves in such amount as may be determined by the department from time to time to be necessary or desirable. (4) The administrative costs of the department incurred in administering this division. (5) After meeting the purposes in paragraphs (1) to (4), inclusive, the transfer of any remaining revenue requirement amount to the account. (b) The commission shall not revise the revenue requirement established pursuant to subdivision (c) of Section 80524 at any time before January 1, 2046. For avoidance of doubt, the revenue requirement established pursuant to subdivision (c) of Section 80524 shall not be imposed and collected until the department has legally defeased or paid at maturity the bonds issued pursuant to paragraph (1) of subdivision (a) of Section 80540 and provided written notice thereof to the commission. (c) This section shall become inoperative if a large electrical corporation elects not to participate pursuant to Section 3299 of the Public Utilities Code and is repealed on January 1 of the year following the notification by the commission pursuant to subdivision (c) of Section 3299 of the Public Utilities Code. (Added by Stats. 2025, Ch. 119, Sec. 72. (SB 254) Effective September 19, 2025. Conditionally inoperative on date prescribed by its own provisions. Repealed as of January 1 following inoperative date.)
  109. 80550.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 4. Department of Water Resources Charge Fund [80550- 80550.] ( Chapter 4 added by Stats. 2019, Ch. 79, Sec. 22. )

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    This section creates the Department of Water Resources Charge Fund and controls how money in it can be used.

    ## Water Code - WAT ## DIVISION 28. WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 [80500 - 80550] ( Division 28 added by Stats. 2019, Ch. 79, Sec. 22. ) ## CHAPTER 4. Department of Water Resources Charge Fund [80550- 80550.] ( Chapter 4 added by Stats. 2019, Ch. 79, Sec. 22. ) ## 80550. (a) There is hereby established in the State Treasury the Department of Water Resources Charge Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal year, to the department and shall be available for the purposes of this division. (b) All revenues payable to the department under this division, including proceeds of bonds issued pursuant to Chapter 3 (commencing with Section 80540), shall be deposited in the fund. Notwithstanding any other law, interest accruing on the moneys in the fund shall be deposited in the fund and shall be used for purposes of this division. Payments from the fund may be made only for the following purposes: (1) Payment of any bonds or other contractual obligations authorized by this division. (2) The expenses incurred by the department in administering this division. (3) Consistent with Section 3288 of the Public Utilities Code, repayment of principal of, and interest on, loans made from the Surplus Money Investment Fund to the Wildfire Fund. Repayment of loans made from the Surplus Money Investment Fund shall be made as soon as practicable. (4) The transfers to the Wildfire Fund. (c) Obligations authorized by this division shall be payable solely from the fund. Neither the full faith and credit nor the taxing power of the state are or may be pledged for any payment under any obligation authorized by this division. (d) While any obligations of the department incurred under this division remain outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department and the commission shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of or parties to those obligations. The department may include this pledge and undertaking of the state in the department’s obligations. (Amended by Stats. 2019, Ch. 396, Sec. 57. (AB 1513) Effective January 1, 2020.)
  110. 8060.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Taxation [8060 - 8061] ( Article 6 added by Stats. 1943, Ch. 369. )

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    The city council must levy and collect a yearly tax for 40 years to cover bond interest and one-fortieth of the debt.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Taxation [8060 - 8061] ( Article 6 added by Stats. 1943, Ch. 369. ) ## 8060. The city council, at the time of fixing the general tax levy, and in the manner provided for the general tax levy, shall levy and collect each year for the term of 40 years, a tax sufficient to pay the annual interest on the bonds and also one-fortieth part of the aggregate amount of the indebtedness. (Added by Stats. 1943, Ch. 369.)
  111. 8061.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Taxation [8060 - 8061] ( Article 6 added by Stats. 1943, Ch. 369. )

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    Taxes required by this chapter must be levied and collected in addition to other municipal taxes, and collected at the same time and in the same manner as those taxes.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Flood Control by Cities [8000 - 8061] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Taxation [8060 - 8061] ( Article 6 added by Stats. 1943, Ch. 369. ) ## 8061. The taxes required by this chapter to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. (Added by Stats. 1943, Ch. 369.)
  112. 80700.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. )

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    The Legislature states findings and intent for the Electricity Supply Strategic Reliability Reserve Program, including that the division should be read liberally to carry out its purposes.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80700. (a) The Legislature finds and declares all of the following: (1) California is a leader in driving the affordable and equitable transition to a clean reliable energy system and economy. However, the impacts of climate change are occurring sooner and with more intensity and frequency than previously anticipated. (2) Extreme events from climate change, including heat waves, wildfires, and drought, combined with other factors, such as supply chain disruptions, are jeopardizing California’s ability to build out the electrical infrastructure needed to maintain affordability and reliability. (3) As California transitions to a clean energy future and contends with climate impacts and other challenges, sufficient capacity of new and existing generation assets will be required to maintain reliability during extreme events. (4) California must ensure electricity reliability during this period of heightened risk, which includes extraordinary near-term measures and substantive changes to mid-term energy policy, while also ensuring the multifaceted California electrical grid is best positioned to sustainably and equitably achieve California’s clean energy future, climate targets, and air quality requirements. (b) It is the intent of the Legislature that: (1) The enactment of this division further the purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code. The development and operation of a program as provided in this division is in all respects for the welfare and the benefit of the people of the state, to protect public peace, health, and safety, and constitutes an essential governmental purpose. This division shall be liberally construed in a manner so as to effectuate its purposes and objectives. (2) The powers and responsibilities of the department established under this division are not governed by the provisions related to the State Water Resources Development System pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6, and this division should not constitute a limitation on, or modification of, the department’s authority pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6. (Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
  113. 80700.5.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. )

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    This division is known as the Electricity Supply Strategic Reliability Reserve Program, and it may also be cited by that name.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80700.5. This division shall be known, and may be cited, as the Electricity Supply Strategic Reliability Reserve Program. (Added by Stats. 2023, Ch. 53, Sec. 14. (SB 124) Effective July 10, 2023.)
  114. 80701.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. )

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    This section defines several terms used in the division.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 1. General Provisions and Definitions [80700 - 80701] ( Chapter 1 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80701. For purposes of this division, the following definitions apply: (a) “California balancing authority” has the same meaning set forth in Section 399.12 of the Public Utilities Code. (b) “Commission” means the State Energy Resources Conservation and Development Commission. (c) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code. (d) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
  115. 80710.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. )

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    The department must carry out reliability-related projects and contracts, consult specified agencies, report regularly to the commission, and follow listed operating, contracting, and environmental rules.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80710. (a) The department, in consultation with the commission, shall implement projects, purchases, and contracts to carry out the purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code, including, but not limited to, the Distributed Electricity Backup Assets Program and the Demand Side Grid Support Program. (b) (1) In furtherance of subdivision (a) and notwithstanding any other law, the department may construct, own and operate, or contract for the construction and operation of, contract for the purchase of electricity from, or finance through loans, reimbursement agreements, or other contracts actions to secure resources for summer reliability or to preserve the option to extend the life of only the following facilities: (A) Extension of the operating life of existing nonnuclear generating facilities planned for retirement. (B) New emergency and temporary power generators of five megawatts or more. If a generator is operated using diesel fuel, the department shall not operate it after July 31, 2023. (C) New energy storage systems that are located outside of the coastal zone and the jurisdiction of the San Francisco Bay Conservation and Development Commission, of 20 megawatts or more, that are capable of discharging for at least two hours. (D) Generation facilities that are located outside of the coastal zone and the jurisdiction of the San Francisco Bay Conservation and Development Commission and use clean, zero-emission fuel technology of any size to produce electricity. (E) Supporting the development of zero-emission generation capacity with a point of interconnection at a California balancing authority, with the majority of its capacity contracted for by a load-serving entity that has a service area primarily in California, with an operational date no later than December 31, 2024. For purposes of this subparagraph, only a facility with a net qualifying capacity of at least 50 percent of its nameplate capacity, as estimated at 8:00 p.m. on a date in September, shall be eligible. (2) In furtherance of subdivision (a) of Section 80700, the department may reimburse electrical corporations, as defined in Section 218 of the Public Utilities Code, for the value of imported energy or import capacity products that are (A) delivered or capable of being delivered between July 1, 2022, and on or before October 31, 2023, and (B) are procured at above-market costs or in excess of procurement authorizations set by the Public Utilities Commission and above the requirements needed to serve its bundled customers in support of summer electric service reliability. (c) Facilities, except those new energy storage systems described in subparagraph (C) of paragraph (1) of subdivision (b) that charge from the electrical grid but do not otherwise use any form of fossil fuel or fuel derived from fossil fuels, constructed and owned by the department or under a contract with the department pursuant to this division that use any form of fossil fuel shall only operate as necessary to respond to extreme events, as defined in subdivision (b) of Section 25790.5 of the Public Resources Code, and shall not operate at any other time. (d) Facilities constructed by the department or under a contract with the department pursuant to this division shall not constitute State Water Resources Development System facilities under Chapter 8 (commencing with Section 12930) of Part 6 of Division 6. (e) (1) The department shall consult with the commission, the Public Utilities Commission, the Independent System Operator or other applicable California balancing authorities, and the State Air Resources Board in carrying out the purposes of this division. (2) Beginning October 1, 2022, and at least every three months thereafter, the department shall provide an update on the investments made and being considered into the strategic reliability reserve at a commission business meeting. The President of the Public Utilities Commission or the president’s designee and the President of the Independent System Operator or the president’s designee shall attend the presentation. (3) The department shall prioritize investments that do not compete with generating facilities already planned for development and disclosed by load-serving entities or local publicly owned electric utilities. (4) In fulfilling the requirements of this division to achieve electricity reliability, the department shall prioritize investments in feasible, cost-effective zero-emission resources, and then feasible, cost-effective conventional resources. (f) The department shall develop, execute, and implement contracts covering power generation, operation and maintenance, fuel management, site leases, power settlements, invoice verification, billing, and other associated items. The department shall also enter into contracts for external services to provide specialized expertise. (g) (1) Contracts entered into pursuant to this division, amendments to those contracts during their terms, or contracts for services reasonably related to those contracts, and entered on or before December 31, 2023, shall not be subject to competitive bidding or any other state contracting requirements, shall not require the review, consent, or approval of the Department of General Services or any other state department or agency, and are not subject to the requirements of the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) This subdivision shall not apply to any contract, grant, or loan entered into for purposes of this chapter that does not directly contribute to electrical grid reliability by October 31, 2027. (3) This subdivision is inoperative December 1, 2026. (h) For contracts entered into pursuant to this division, amendments to those contracts during their terms, or contracts for services reasonably related to those contracts, and executed after December 31, 2023, Sections 10295, 10297, and 10340 of the Public Contact Code do not apply to a contract that meets the conditions established by the department for those contracts. (i) For contracts entered into pursuant to this division by the department after October 31, 2022, the department shall notify the commission through an investment plan of the terms, costs, and scope at a commission business meeting and the commission shall consider the investment plan for approval in a meeting held consistent with the terms of Chapter 3 (commencing with Section 25200) of Division 15 of the Public Resources Code. No less than 10 days after the commission approves the investment plan, the executive director of the commission shall give written notice to the Joint Legislative Budget Committee of the action. (j) A contract entered into, or an approval granted by the department pursuant to this division is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and regulations adopted pursuant to that act. (k) Facilities constructed by the department or under a contract with the department pursuant to this division shall comply with both of the following: (1) Regulations issued by the State Air Resources Board pursuant to Part 2 (commencing with Section 38530) of Division 25.5 of the Health and Safety Code, including the requirement to disclose emissions of greenhouse gases from facilities. (2) Regulations issued by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code, including the requirement to comply with any market-based compliance mechanism established by the State Air Resources Board. (l) The department may adopt guidelines to implement this division. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to any regulation or guidelines adopted by the department pursuant to this division. (Amended by Stats. 2025, Ch. 15, Sec. 8. (SB 127) Effective June 27, 2025.)
  116. 80711.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. )

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    The department must recover its chapter costs from the specified fund, and neither the department nor its customers may bear or pass on certain related costs in water and electricity prices, rates, or charges.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80711. The department, in consultation with the commission, shall recover all of the costs it incurs pursuant to this chapter from the Department of Water Resources Electricity Supply Reliability Reserve Fund established pursuant to Section 80720. The department and its customers shall not bear any of the costs associated with carrying out the purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code, and those costs shall not be included in the prices, rates, and charges for water and electricity under the water supply contracts executed pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6. (Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
  117. 80712.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. )

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    The department may use contractors, other public agencies, activities, arrangements, and personnel as needed to carry out this division, and the State Personnel Board and Department of Human Resources must help speed up hiring.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80712. The department may do any of the following as necessary, as determined by the department, for purposes of this division: (a) Engage the services of private parties to render professional and technical assistance and advice and other services in carrying out the purposes of this chapter. (b) Contract for the services of other public agencies. (c) Engage in activities or enter into contracts or arrangements as may be necessary or desirable to carry out the department’s duties and responsibilities pursuant to this division. (d) Hire personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this division. The State Personnel Board and the Department of Human Resources shall assist the department in expediting that hiring. (Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
  118. 80713.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. )

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    The Public Utilities Commission must assess a capacity payment on certain load-serving entities when DWR reliability resources are used and the entity misses resource adequacy requirements; the payment must be remitted within 30 days after notice.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80713. (a) (1) On and before June 30, 2027, if the Department of Water Resources determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet a load-serving entity’s identified reliability need, the Public Utilities Commission shall annually assess a capacity payment on each load-serving entity that during that same month fails to meet its system resource adequacy requirements pursuant to Section 380 of the Public Utilities Code. The capacity payment is not a penalty and does not prohibit the Public Utilities Commission from assessing a penalty on a load-serving entity for a failure to comply with any resource adequacy requirement. (2) If a load-serving entity fails to comply with its system resource adequacy requirements pursuant to Section 380 in a month when resources procured by the Department of Water Resources through the Electricity Supply Strategic Reliability Reserve Program are used to meet the load-serving entity’s identified reliability need and a penalty is assessed by the commission on the load-serving entity for that failure, then, on and before June 30, 2027, both of the following requirements shall apply: (A) If the penalty is less than the capacity payment, the capacity payment shall be reduced by the amount of the penalty and the penalty shall be deposited into the Load-Serving Entity Capacity Payment Account. (B) If the penalty is more than the capacity payment, then an amount of the penalty equal to the otherwise applicable capacity payment shall be deposited into the Load-Serving Entity Capacity Payment Account. (3) The annual capacity payment shall be remitted to the Load-Serving Entity Capacity Payment Account by a load-serving entity that was assessed a capacity payment pursuant to paragraph (1) within 30 days of the commission notifying the load-serving entity. (b) The Public Utilities Commission, in consultation with the commission, shall determine a capacity payment unit cost in kilowatt per month for load-serving entities that is based on the monthly cost of the resources procured using moneys from the Department of Water Resources Electricity Supply Reliability Reserve Fund, including the Load-Serving Entity Capacity Payment Account, with the total costs weighted two-thirds for June through September and one-third for the remaining eight months, and this unit cost shall be multiplied by the amount of kilowatts that the load-serving entity was deficient in its system resource adequacy requirements during the same month the Electricity Supply Strategic Reliability Reserve Program resources were used, based on the resource adequacy program rules, requirements, and resource counting conventions in place at the time of the deficiency, after crediting the deficient load-serving entity with its share of any reliability resources procured by other entities on its behalf. The Public Utilities Commission may make any further adjustments to the capacity values of any nonperforming resources included in a load-serving entity’s portfolio when determining the amount of this deficiency. Any adjustments made by the Public Utilities Commission shall align with any adjustments made by the commission as authorized by subdivision (b) of Section 80714. (c) This section shall become operative on January 31, 2024. (Added by Stats. 2023, Ch. 367, Sec. 12. (AB 1373) Effective October 7, 2023. Operative January 31, 2024, by its own provisions.)
  119. 80714.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. )

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    This section requires the commission to calculate and assess capacity payments on certain local publicly owned electric utilities that miss their minimum planning reserve margin when specified reserve resources were used to meet reliability needs.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 2. Electricity Supply Strategic Reliability Reserve Agreements [80710 - 80714] ( Chapter 2 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80714. (a) (1) Upon the submission of the report pursuant to subdivision (d) and on and before June 30, 2027, if the Department of Water Resources determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet an identified reliability need, the executive director of the commission shall annually assess a capacity payment on each local publicly owned electric utility in the Independent System Operator balancing area that during that same month fails to meet its minimum planning reserve margin. (2) The annual capacity payment shall be remitted to the Local Publicly Owned Electric Utility Capacity Payment Account by a local publicly owned electric utility that was assessed a capacity payment pursuant to paragraph (1) within 30 days of the executive director notifying the local publicly owned electric utility. (b) Upon the submission of the report pursuant to subdivision (d), the commission, in consultation with the Public Utilities Commission, shall determine a capacity payment unit cost in kilowatt per month for local publicly owned electric utilities that is based on the monthly cost of the resources procured using moneys from the Department of Water Resources Electricity Supply Reliability Reserve Fund, including the Local Publicly Owned Electric Utility Capacity Payment Account, with the total costs weighted two-thirds for June through September and one-third for the remaining eight months, and this unit cost shall be multiplied by the amount of kilowatts that the local publicly owned electric utility was deficient in its minimum planning reserve margin during the same month the Electricity Supply Strategic Reliability Reserve Program resources were used using the same resource counting conventions applied by the Public Utilities Commission pursuant to subdivision (b) of Section 80713, after crediting the deficient local publicly owned electric utilities with their share of any reliability resources procured by other entities on their behalf. The commission may make any further adjustments to the capacity values of any nonperforming resources included in a local publicly owned electric utility’s portfolio when determining the amount of this deficiency. Any adjustments made by the commission shall align with any adjustments made by the Public Utilities Commission as authorized by subdivision (b) of Section 80713. (c) Upon the submission of the report pursuant to subdivision (d), the commission may adopt regulations to implement this section. (d) On or before January 31, 2024, the commission, in consultation with the Public Utilities Commission, shall submit a report to the appropriate policy and budget committees of the Legislature that includes an assessment of whether each local publicly owned electric utility exceeded, met, or failed to meet its minimum planning reserve margin for 2023 and the system resource adequacy requirements from June 1, 2023, to September 30, 2023, inclusive, that the Public Utilities Commission established for load-serving entities pursuant to Section 380 of the Public Utilities Code and adopted in Public Utilities Commission Decision 22-06-050 (June 23, 2022) Decision Adopting Local Capacity Obligations for 2023–2025, Flexible Capacity Obligations for 2023, and Reform Track Framework. (e) For purposes of this section, “minimum planning reserve margin” means a local publicly owned electric utility’s planning reserve margin, as described in Section 9620 of the Public Utilities Code, unless the local publicly owned electric utility revises that planning reserve margin based on recommendations from the commission pursuant to subdivision (b) of Section 25704.5 of the Public Resources Code, in which case “minimum planning reserve margin” means the local publicly owned electric utility’s revised minimum planning reserve margin. (Added by Stats. 2023, Ch. 367, Sec. 13. (AB 1373) Effective October 7, 2023.)
  120. 80720.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 3. Department of Water Resources Electricity Supply Reliability Reserve Fund [80720- 80720.] ( Chapter 3 added by Stats. 2022, Ch. 61, Sec. 13. )

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    This section establishes a Department of Water Resources fund and directs how money in it must be handled, deposited, reported, and used.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 3. Department of Water Resources Electricity Supply Reliability Reserve Fund [80720- 80720.] ( Chapter 3 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80720. (a) There is hereby established in the State Treasury the Department of Water Resources Electricity Supply Reliability Reserve Fund. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department, without regard to fiscal years, and shall be available for the purposes of Chapter 2 (commencing with Section 80710). (c) Obligations authorized and expenses incurred by the department in administering this division shall be payable solely from the fund. (d) Except as specified in subdivisions (h) and (i), all revenues payable to the department for activities undertaken by the department under Chapter 2 (commencing with Section 80710) shall be deposited into the fund. (e) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of this division. (f) When fixed assets procured under the authority of this division are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for purposes of Chapter 2 (commencing with Section 80710). Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this division shall be returned to the General Fund once all obligations of the department are satisfied after the wind down of this division and the closure of the fund. While any obligation of the department incurred under this division remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. (g) (1) For activities undertaken by the department pursuant to Chapter 2 (commencing with Section 80710), the department may obtain applicable credits pursuant to the federal Inflation Reduction Act of 2022 (Public Law 117-169). If the department elects for direct payment of those applicable credits, those payments shall be deposited directly into the fund. (2) Within 10 days of any payments being deposited into the fund, described in paragraph (1), the department shall provide written notice to the Joint Legislative Budget Committee, who shall provide a copy of the notice to the relevant policy committees. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the department. (3) Use of the payments shall be consistent with all of the following: (A) The payments shall be expended for a purpose that is consistent with state law. (B) Acceptance of the payments does not impose on the state any requirement to commit or expend new state funds for any program or purpose. (C) The need exists to expend the payments during the 2023–24 fiscal year. (D) The use of the payments shall be consistent with the priorities described in subdivision (a) of Section 38590.1 of the Health and Safety Code. (h) (1) The Load-Serving Entity Capacity Payment Account is hereby established in the Department of Water Resources Electricity Supply Reliability Reserve Fund. (2) Upon appropriation by the Legislature, moneys in the Load-Serving Entity Capacity Payment Account shall be available for purposes of Chapter 2 (commencing with Section 80710). (3) All revenues payable to the department pursuant to Section 80713 shall be deposited into the Load-Serving Entity Capacity Payment Account. (i) (1) The Local Publicly Owned Electric Utility Capacity Payment Account is hereby established in the Department of Water Resources Electricity Supply Reliability Reserve Fund. (2) Upon appropriation by the Legislature, moneys in the Local Publicly Owned Electric Utility Capacity Payment Account shall be available for purposes of Chapter 2 (commencing with Section 80710). (3) All revenues payable to the department pursuant to Section 80714 shall be deposited into the Local Publicly Owned Electric Utility Capacity Payment Account. (Amended by Stats. 2023, Ch. 367, Sec. 14. (AB 1373) Effective October 7, 2023.)
  121. 80730.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 4. Miscellaneous [80730- 80730.] ( Chapter 4 added by Stats. 2022, Ch. 61, Sec. 13. )

    Verify source ↗

    The department must send written reports to the Joint Legislative Budget Committee starting January 31, 2023, and then on May 1, August 1, and December 1 each year.

    ## Water Code - WAT ## DIVISION 29. Electricity Supply Strategic Reliability Reserve Program [80700 - 80730] ( Division 29 added by Stats. 2022, Ch. 61, Sec. 13. ) ## CHAPTER 4. Miscellaneous [80730- 80730.] ( Chapter 4 added by Stats. 2022, Ch. 61, Sec. 13. ) ## 80730. (a) Beginning on January 31, 2023, and every May 1, August 1, and December 1 annually thereafter, the department shall issue a written report to the Joint Legislative Budget Committee, detailing the actions undertaken by the department in the period since the previous report was submitted pursuant to this division and up until that date, including, but not limited to, all of the following: (1) Amount of funds expended. (2) Purpose of funds expended. (3) Status of actions funded. (4) For new and expanded resources, the amount by megawatt, resource type, operational date, and expected lifetime of that capacity. (5) The frequency at which resources funded by the department have been used and the extent to which they complied with the requirements of this chapter. (6) In consultation with the state board, estimate or provide the best available information on the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants emitted by the resources funded by the department over the period since the previous report. (7) Summary of contracts, grants, and loans issued pursuant to this division. (b) Each report submitted pursuant to this section shall be submitted to the Joint Legislative Budget Committee at the same time and in the same manner as reports submitted pursuant to Section 25795 of the Public Resources Code. (Amended by Stats. 2024, Ch. 353, Sec. 40. (AB 1533) Effective January 1, 2025.)
  122. 80800.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    This division does not reduce or change an electrical corporation’s obligation to serve.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80800. This division does not reduce or modify an electrical corporation’s obligation to serve. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  123. 80801.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The commission must issue orders it determines are necessary to carry out this division.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80801. The commission shall issue orders it determines are necessary to carry out this division. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  124. 80802.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The section states the Legislature’s intent for the department’s limited central procurement function and restricts how the department may fund, sell, and pursue procurement activities.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80802. (a) The Legislature finds and declares all of the following: (1) California has significantly reduced the emissions of greenhouse gases from its electricity sector by fostering the development of renewable and zero-carbon energy resources through the establishment of ambitious goals and policies. These efforts have fundamentally transformed the state’s portfolio of energy resources and the day-to-day operations of the state’s electrical system. (2) The state has enabled the expansion of electrical retail choice for customers served in electrical corporation service territory, bringing new market entrants and innovation to California’s evolving retail electricity market. (3) The state’s electrical system also faces the risk of increased disruption due to more frequent and intense extreme weather events fueled by a rapidly changing climate. (4) For California to achieve its long-term greenhouse gas emission reduction goals, while maintaining a reliable electrical system and providing customers with greater choice in electricity retail providers, the state must establish a new, limited central procurement function within the department that enables the development of a more diverse portfolio of renewable and zero-carbon energy resources. (b) In enacting this division, it is the intent of the Legislature to do all of the following: (1) Create a central procurement function within the department that would only be exercised if, pursuant to paragraph (4) of subdivision (a) of Section 454.52 of the Public Utilities Code, the commission determines that there is a need for the procurement of additional eligible energy resources and requests the department to procure those resources and, in response to that request, the department elects to exercise that central procurement function to procure those resources pursuant to this division. (2) If the department exercises that central procurement function, as described in paragraph (1), provide an opportunity for local publicly owned electric utilities to elect for the department to procure eligible energy resources on their behalf pursuant to Section 80822. (3) Prohibit the department from recovering funds pursuant to a nonbypassable charge on the ratepayers of a load-serving entity for purposes other than providing for the department’s acquisition costs for eligible energy resources, including transmission, scheduling, financing, program administration, and other related costs, pursuant to Section 80821. (4) Prohibit the department from selling any eligible energy resources it acquires pursuant to this division at more than the department’s acquisition costs, including transmission, scheduling, financing, program administration, and other related costs, when selling those resources under a long-term contract. (5) Pursuant to Section 80821, prohibit the department from pursuing procurement activities, including, if authorized, the issuance of bonds, except upon a finding from the commission that the recovery of costs through charges on customers, the issuance of bonds, and the material terms of such bonds, including interest rates, rating, amortization, and maturity, do not unreasonably increase costs to customers on a net present value basis. (6) Require the department to prioritize investments that do not compete with the procurement of eligible energy resources already planned for development and disclosed by load-serving entities or local publicly owned electric utilities. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  125. 80803.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    This section states that the department’s central procurement function program is for the welfare and benefit of the people of the state and serves public peace, health, and safety.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80803. The development and operation of a central procurement function program by the department, as provided in this division, is in all respects for the welfare and benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential government purpose. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  126. 80804.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    This division must be interpreted broadly to carry out its purposes and objectives.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80804. This division shall be liberally construed in a manner so as to effectuate its purposes and objectives. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  127. 80805.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The department’s powers and responsibilities under this division are separate from the State Water Resources Development System, and the department is not subject to the commission’s jurisdiction.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80805. (a) The powers and responsibilities of the department established pursuant to this division are separate from, and not governed by, the provisions relating to the State Water Resources Development System, including, but not limited to, those powers and responsibilities granted pursuant to Part 3 (commencing with Section 11100) of Division 6 and the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6). (b) This division does not subject the department to the jurisdictional authority of the commission or expand the jurisdiction of the commission, including that state water resources development system facilities subject to the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6) and the department’s other electrical generation projects or power contracts outside of those funded through the fund, remain outside the jurisdiction of the commission. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  128. 80806.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The department may adopt regulations to administer this division.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 1. General Provisions [80800 - 80806] ( Chapter 1 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80806. The department may adopt regulations for purposes of administering this division. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  129. 80810.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 2. Definitions [80810- 80810.] ( Chapter 2 added by Stats. 2023, Ch. 367, Sec. 15. )

    Verify source ↗

    This section defines key terms used in Division 29.5.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 2. Definitions [80810- 80810.] ( Chapter 2 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80810. For purposes of this division, the following definitions apply: (a) “Bond” means any bond, note, or other written evidence of indebtedness issued solely for purposes of supporting the fund and other related expenses incurred by the department pursuant to this division, or for reimbursing expenditures from the fund for those purposes, establishing or maintaining reserves in connection with a bond, costs of issuance of a bond or incidental to its payment or security, capitalized interest, or renewing or refunding any bonds. (b) “California balancing authority” has the same meaning as defined in Section 399.12 of the Public Utilities Code. (c) “Commission” means the Public Utilities Commission. (d) “Electrical corporation” has the same meaning as defined in Section 218 of the Public Utilities Code. (e) “Eligible energy resource” means an energy resource eligible to be procured by the Department of Water Resources pursuant to Section 454.52 of the Public Utilities Code that has a first point of interconnection with a California balancing authority. (f) “Energy Commission” means the State Energy Resources Conservation and Development Commission. (g) “Fund” means the Eligible Energy Resource Central Procurement Fund established in Section 80830. (h) “Independent System Operator” means the Independent System Operator described in Article 3 (commencing with Section 345) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code. (i) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code. (j) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  130. 80820.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    This section sets procurement procedures for eligible energy resources and imposes bid, wage, workforce, and recordkeeping conditions on selected projects.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80820. (a) (1) Consistent with Sections 380, 454.51, 454.52, 454.53, and 454.54 of the Public Utilities Code and this division, if the commission requests the department to procure eligible energy resources, and the department elects to exercise its central procurement function to conduct one or more competitive solicitations or enter into contracts for eligible energy resources pursuant to paragraph (4) of subdivision (a) of Section 454.52 of the Public Utilities Code, the commission, in consultation with the department, shall develop and adopt procedures and requirements that govern competitive procurement by, obligations on, and recovery of costs incurred by the department pursuant to this division. (2) The commission and the department shall establish a procurement group to advise the department on the procurement undertaken pursuant to this division. (3) The department shall not enter into new contracts pursuant to this division on or after January 1, 2035. (b) In evaluating the bids received through a solicitation, the department shall consider all of the following: (1) For eligible energy resources dependent on the development of a project, that project’s viability, including, but not limited to, developer experience, developer financial strength and creditworthiness sufficient to eliminate financing contingencies, and the status of required permits and licenses, including a commitment to submit a consistency certification provided pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) to the California Coastal Commission for offshore wind energy development projects, to the extent required. (2) The ability to meet in-service dates offered during the solicitation and the ability to meet those in-service dates without escalation in cost. (3) The useful life of the project. (4) The capability to supply energy, capacity, and ancillary services at locations, times of day, and for durations that meet the state’s energy resource needs, as determined by the department and the commission. (5) The bidder’s economic and local community impact, workforce development needs and opportunities, environmental impact mitigation plan, and equipment acquisition and supply chain investment plan. (6) A plan to contribute to large-scale, regional, or statewide baseline and ongoing monitoring of coastal waters and wildlife, if applicable. (7) Any other criteria determined by the commission or the department. (c) Every bid for the development of an eligible energy resource project selected by the department shall include the bidder’s certification that either of the following are true: (1) The entirety of the construction of the eligible energy resource project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (2) The construction of the eligible energy resource project is not in its entirety a public work for which prevailing wages are required to be paid pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code, but all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the eligible energy resource project is subject to this paragraph, for those portions of the eligible energy resource project that are not a public work, all of the following requirements shall apply: (A) The bidder shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (B) All contractors and subcontractors shall pay to all construction workers employed in the construction of the eligible energy resource project at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (C) All contractors and subcontractors performing construction work on the eligible energy resource project shall employ apprentices at no less than the ratio required in Section 1777.5 of the Labor Code. (D) Except as specified in subparagraph (F), all contractors and subcontractors performing construction work shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code, make those records available for inspection and copying pursuant to Section 1776 of the Labor Code, and furnish those payroll records to the Labor Commissioner pursuant to Section 1771.4 of the Labor Code. (E) Except as specified in subparagraph (F), the obligation of the contractors and subcontractors to pay prevailing wages and employ apprentices may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action pursuant to Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (F) Subparagraphs (D) and (E) do not apply if all contractors and subcontractors performing construction work on the eligible energy resource project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following requirements: (i) Provisions requiring payment of prevailing wages to all construction workers employed in the construction of the eligible energy resource project and for enforcement of that obligation through an arbitration procedure. (ii) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a relevant local agency. (iii) Apprenticeship use provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code. (iv) Apprenticeship use provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the multicraft core preapprenticeship training curriculum described in Section 14005 of the Unemployment Insurance Code. (d) Every bid for the development of an eligible energy resource project selected by the department shall include the bidder’s certification that a skilled and trained workforce will be used to perform all construction work on the eligible energy resource project, consistent with all of the following requirements: (1) The bidder shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the eligible energy resource project. (2) Every contractor and subcontractor shall use a skilled and trained workforce to construct the eligible energy resource project. (3) Except as specified in subdivision (c), contractors and subcontractors that fail to use a skilled and trained workforce shall be subject to the penalties provided in Section 2603 of the Public Contract Code. Penalties for a contractor’s or subcontractor’s failure to comply with the requirement to use a skilled and trained workforce may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 2603 of the Public Contract Code. Penalties shall be paid to the State Public Works Enforcement Fund. (4) For purposes of this subdivision, a bidder shall be considered to be an “awarding body” under Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. Except as specified in paragraph (5), the bidder shall retain records, including copies of monthly reports, that demonstrate compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code while the eligible energy resource project or contract is being performed and for three years after completion of the eligible energy resource project or contract. The bidder shall submit these records immediately upon request of the commission. When submitted to the commission, these records shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. (5) Paragraphs (3) and (4) do not apply if all contractors and subcontractors performing work on the eligible energy resource project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following requirements: (A) Provisions requiring compliance with the skilled and trained workforce requirement and for enforcement of that obligation through an arbitration procedure. (B) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a local agency. (C) Apprenticeship use provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required by Section 1777.5 of the Labor Code. (D) Apprenticeship use provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum described in Section 14005 of the Unemployment Insurance Code. (e) For purposes of this section, the following definitions apply: (1) “Construction” means any new construction work and subsequent construction and construction maintenance work following initial completion that is contracted out to a contractor in the construction industry, including construction work on a barge, construction staging area, or construction area when being used as a construction work platform and the rigging and hoisting of construction materials directly from a barge, construction staging area, or construction area into the construction process for a construction project. “Construction” does not include the loading and unloading of cargo to and from vessels and the movement of cargo to and from vessels at any port facility to the cargo’s point of rest. (2) “Project labor agreement” has the same meaning as defined in Section 2500 of the Public Contract Code. (3) “Skilled and trained workforce” has the same meaning as defined in Section 2601 of the Public Contract Code. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  131. 80821.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

    Verify source ↗

    This section gives the department and commission responsibilities for eligible energy resource procurement, including consultation, cost recovery, charge administration, and review before certain costs are recovered.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80821. (a) (1) When conducting a solicitation pursuant to Section 80820, the department shall confer with the commission and other parties, including local publicly owned electric utilities that are voluntarily participating pursuant to Section 80822 and load-serving entities, for eligible energy resource procurement activities of an identified scope and duration. The department shall recover costs related to conducting the requested solicitations and all supporting work. Cost recovery may be effectuated, if determined to be just and reasonable by the commission before the procurement, through a nonbypassable charge approval process for load-serving entities and pursuant to Section 80822 for local publicly owned electric utilities. (2) At the request of the department, the commission may require an electrical corporation to act as the agent of the department or to assist the department in conducting the solicitation, bid evaluation, or contract negotiation for new eligible energy resource procurement. The electrical corporation shall be reimbursed by the department for its reasonable costs, as determined by the commission. (b) If the department’s costs associated with the procurement of eligible energy resources pursuant to this division, including the costs related to bonds issued pursuant to Chapter 5 (commencing with Section 80840), costs related to contracting for eligible energy resources, and other costs to implement and administer this division, will be recovered through a commission proceeding, the commission shall review the procurement undertaken pursuant to this division and, if approved, issue an order governing the recovery of the department’s costs before the consummation of the contract only if both of the following conditions are satisfied: (1) The recovery of the department’s costs, including those costs associated with the procurement process, the resulting transactions, and the associated costs, has been found to be just and reasonable and to be in the public interest. (2) The recovery of the department’s costs, including, if authorized, costs associated with the issuance of bonds and the material terms of those bonds, including, without limitation, interest rates, rating, amortization, and maturity, through charges on customers does not unreasonably increase costs to customers on a net present value basis. (c) If the commission determines that a nonbypassable charge necessary to fund activities conducted by the department pursuant to this division is just and reasonable, the department shall ensure it has entered into an agreement with the commission for that nonbypassable charge before it begins to incur costs related to a specific activity under this division. If the purpose of the nonbypassable charge is to recover the department’s revenue requirement related to bond issuance debt service, the department shall ensure the agreement has the force and effect of an irrevocable financing order adopted in accordance with Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code or that the commission has separately issued an irrevocable financing order related to the nonbypassable charge. (d) Any agreement between the department and the commission under this section shall provide for the administration of the nonbypassable charge, including both of the following requirements: (1) The department shall notify the commission each year of the annual collections received by the department and the amount of any excess or deficiency in collections above or below the revenue requirement. The commission shall adjust charges in the subsequent year to reflect that excess or deficiency. (2) During any period, if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund the revenue requirement established pursuant to Section 80842, the department shall notify the commission in writing and the commission shall act within 60 days of receiving that notice to increase the nonbypassable charge so that the amounts collected during that period are sufficient to meet those obligations. (e) Any agreement between the department and the commission pursuant to this section that is solely for the purpose of imposing a nonbypassable charge to recover the department’s revenue requirement related to bond issuance debt service shall include a provision stating that the commission’s just and reasonable determination with respect to the revenue requirement is in effect for the duration of the bond term. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  132. 80822.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The department may set up a schedule and process for local publicly owned electric utilities to obtain eligible energy resources, and a utility that chooses to participate must commit to a nonbypassable charge on its ratepayers to fund that participation.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80822. (a) Pursuant to Section 80820, the department may establish a schedule and mechanism for a local publicly owned electric utility to voluntarily obtain from the department eligible energy resources to be acquired by the department through its central procurement function on a contract-by-contract basis. (b) In order to voluntarily participate, a local publicly owned electric utility shall commit to the imposition of a nonbypassable charge on its ratepayers sufficient at all times to fund its participation and on terms and conditions as set forth in Section 80826. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  133. 80822.5.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    Load-serving entities may choose to obtain extra eligible energy resources, but only with commission approval and a finding of sufficient capacity. Participating entities must charge their ratepayers enough to fund their share of the costs.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80822.5. (a) Load-serving entities shall have a voluntary option to obtain incremental eligible energy resources from the department beyond the amounts allocated to the load-serving entity from procurement pursuant to paragraph (1) of subdivision (a) of Section 80820, subject to the approval of the commission and a specific determination by the commission that sufficient capacity is available to accommodate the request to obtain amounts beyond those allocated to the load-serving entity. (b) The department, in consultation with the commission, may establish a schedule for load-serving entities to provide advance notice of an intent to obtain incremental eligible energy resources. Any load-serving entity exercising its option to voluntarily participate shall be obligated to impose a nonbypassable charge on its ratepayers sufficient to fund its allocated share of the costs of incremental eligible energy resources for the duration of the contract, as determined by the department and approved by the commission, if applicable. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  134. 80823.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    At the department’s request, the commission may order an electrical corporation to transmit and distribute electricity and to provide billing and collection services for the department.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80823. At the request of the department, the commission may order an electrical corporation, or its successor in the performance of a related service, to transmit or provide for the transmission of, and distribute all electricity made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services and adequately secure payment to the department. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  135. 80824.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The commission may issue rules to enforce the agency function under Section 80823, including rules about collecting nonbypassable charges and paying money into the fund for the department.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80824. The commission may issue rules regulating the enforcement of the agency function pursuant to Section 80823, including the collection of nonbypassable charges and payment into the fund on behalf of the department. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  136. 80825.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    If the department has an agreement with the commission, it may recover certain costs and must advise the commission and participating local publicly owned electric utilities as appropriate under the agreement.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80825. (a) If the department has executed an agreement with the commission pursuant to subdivision (c) of Section 80821, the department may recover its costs, as a revenue requirement, in the amounts sufficient and at the times necessary to fund the revenue requirement established pursuant to Section 80842, and shall advise the commission and each voluntarily participating local publicly owned electric utility, as the department determines to be appropriate and subject to the terms of the agreement. (b) For purposes of this division and except as otherwise provided in subdivision (a), the commission’s authority as set forth in Section 451 of the Public Utilities Code shall apply. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  137. 80826.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    A participating local publicly owned electric utility must sign an agreement with the department, adjust charges for annual over- or under-collections, and increase charges within 30 days if the department says the revenue requirement may not be met.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80826. (a) A local publicly owned electric utility that voluntarily participates in the department’s central procurement function pursuant to Section 80822 shall enter into an agreement with the department for the revenue requirement to fund its participation and that agreement shall have the force and effect of an irrevocable financing order. (b) The agreement shall provide for the administration of the revenue requirement, including both of the following: (1) A requirement that the department annually notify the local publicly owned electric utility of the annual collections received by the department with respect to the revenue requirement and the amount of any excess or deficiency in collections above or below the revenue requirement. The local publicly owned electric utility shall adjust charges in the subsequent year to reflect any such excess or deficiency. (2) During any revenue requirement period, a requirement that, if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund the revenue requirement established pursuant to Section 80842, the department notify the local publicly owned electric utility in writing and the local publicly owned electric utility shall act within 30 days of receiving that notice to increase the charge so that the amount collected during the period is sufficient to meet those obligations. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  138. 80827.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    Certain money collected or received in connection with eligible energy resources must be deposited into the fund.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80827. All moneys collected by load-serving entities and local publicly owned electric utilities and remitted to the department for any eligible energy resources acquired and sold pursuant to this division, and all moneys paid directly or indirectly to or for the account of the department for any sale, exchange, transfer, or disposition of eligible energy resources acquired pursuant to this division, shall be deposited into the fund. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  139. 80828.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The department may set the procedure and charges for selling or otherwise disposing of eligible energy resources it bought.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 3. Department Powers [80820 - 80828] ( Chapter 3 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80828. The department may fix and establish the procedure and charges for the sale or other disposal of eligible energy resources purchased by the department. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  140. 80830.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 4. Eligible Energy Resource Central Procurement Fund [80830- 80830.] ( Chapter 4 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The section establishes a fund in the State Treasury and directs related revenues into it for this division’s purposes.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 4. Eligible Energy Resource Central Procurement Fund [80830- 80830.] ( Chapter 4 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80830. (a) There is hereby established in the State Treasury the Eligible Energy Resource Central Procurement Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal year, to the department for purposes of this division. (b) All revenues payable to the department pursuant to this division, including proceeds of bonds issued pursuant to Chapter 5 (commencing with Section 80840), shall be deposited into the fund. Notwithstanding any other law, interest accruing on the moneys in the fund shall be deposited into the fund and shall be used for purposes of this division. (c) The fund, and the moneys in the fund, are separate and distinct from any other fund and moneys administered by the department. (d) Payments from the fund may be made only for the following purposes: (1) Payment of any bonds or other contractual obligations authorized by this division. (2) The cost of energy and transmission, scheduling, and other related expenses incurred by the department. (3) The expenses incurred by the department in administering this division, including costs of personnel, contracts, or arrangements to carry out the department’s duties and responsibilities pursuant to this division. (e) Obligations authorized pursuant to this division shall be payable solely from the fund. Neither the full faith and credit nor the taxing power of the state are, or may be, pledged for any payment under any obligation authorized by this division. (f) While any obligations of the department incurred pursuant to this division remain outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of, or parties to, those obligations. The department may include this pledge and undertaking of the state in the department’s obligations. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  141. 80840.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. )

    Verify source ↗

    The department may issue bonds for eligible energy resource procurement, but only under stated conditions and limits.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80840. (a) (1) If the department elects to exercise its central procurement function to conduct one or more competitive solicitations or enter into contracts to procure eligible energy resources pursuant to this division, as authorized by paragraph (4) of subdivision (a) of Section 454.52 of the Public Utilities Code, due to the timing of cost recovery processes, the department may determine that it is necessary or desirable to issue bonds to support activities for the procurement of eligible energy resources pursuant to this division. (2) Upon making the determination described in paragraph (1), the department may issue bonds for purposes of financing the procurement of eligible energy resources in support of the fund and other related expenses incurred by the department pursuant to this division, and subsequent to the department having entered into an agreement with the commission regarding a revenue requirement. Bonds shall not be issued in an amount the debt service on which, to the extent payable from the fund, is estimated by the department to exceed the amounts estimated to be available in the fund for the payment of the bonds. (b) Before the issuance of bonds in a public offering, the department shall ensure the bonds have an investment grade rating from at least one nationally recognized investment ratings firm and the document authorizing the issuance of the bonds shall provide for repayment from pledged revenues. (c) The commission shall have an opportunity to review the trust agreement or other documents pursuant to which the bonds are issued and revenues are pledged, and shall consult with the department regarding the trust agreement or other documents regarding any relevant considerations of the commission and to ensure its consistency with the revenue requirement agreement between the department and commission. (d) In addition to any other purposes for which bonds may be issued pursuant to this division, bonds may be issued for the following purposes: (1) Refunding bonds to obtain a lower interest rate. (2) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed rate. (3) Refunding bonds if a nationally recognized investment ratings firm reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit, or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded. (4) Refunding bonds issued to preserve a federal income tax exemption or to qualify or maintain other federal income tax benefits. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  142. 80841.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The director must issue a written determination before bonds can be issued, and the department must notify legislative committee leaders of that determination.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80841. (a) Whenever the director determines that the issuance of bonds is necessary or desirable to accomplish the goals set forth in this division, including financing the procurement of eligible energy resources, the director shall issue a written determination authorizing the issuance of bonds by the department. The department, in consultation with the Department of Finance, shall notify the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees of each house of the Legislature of its written determination. The bonds shall be sold in the manner, and on the terms and conditions, specified in that determination, and the determination may contain or authorize any other provision, condition, or limitation not inconsistent with this division and those provisions as may be deemed reasonable and proper for the security of the bondholders. Bonds may mature at the time or times, and bear interest at the rate or rates, which may be fixed or variable and be determined by reference to an index or such other method, and may be federally tax exempt, as specified in the determination. Neither the person executing the determination to issue bonds nor any person executing bonds shall be personally liable therefor or be subject to any personal liability or accountability by reason of the issuance of the bonds. (b) In the discretion of the department, bonds may be secured by a trust agreement by and between the department and a trustee, which may be any trust company or bank having trust powers within or outside the state, or the Treasurer. Notwithstanding any other law, the Treasurer shall not be deemed to have a conflict of interest by reason of acting as the trustee. The department may enter into contracts or arrangements in connection with the issuance and sale of bonds, or with respect to any outstanding bonds for so long as those bonds remain outstanding, as it shall deem to be necessary or desirable for the issuance and further security of the bonds, including, but not limited to, credit enhancement agreements, dealer agreements, purchase contracts, escrow agreements, and similar arrangements. (c) Bonds shall be legal investments for all trust funds, the funds of all insurance companies, savings and commercial banks, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and for any funds that may be invested in county, school, or municipal bonds. (d) Notwithstanding that bonds may be payable from a special fund, the bonds shall be deemed to be negotiable instruments for all purposes. (e) Any bonds, and the transfer of and income derived from those bonds, shall at all times be free from taxation of every kind by the state and by the political subdivisions of the state. (f) Bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the department, or a pledge of the full faith and credit of the state or of any such political subdivision, but shall be payable solely from the revenues described in paragraph (1) of subdivision (g). All bonds shall contain a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (g) (1) The department may pledge and apply all or any part of revenues of any nature whatever accruing to the department, from orders issued, charges imposed, or contracts entered into pursuant to or in furtherance of this division, or the right to receive the same, to the payment or security of any or all of the principal of the bonds or the interest thereon, in the manner and upon terms that the department deems advisable. (2) (A) It is the intent of the Legislature that any pledge of moneys, revenues, or property made by the department shall be valid and binding from the time when the pledge is made if the commission finds the pledge was just and reasonable, and that the moneys, revenues, or property so pledged and thereafter collected from retail end-use customers, or paid directly or indirectly to or for the account of the department, is hereby made, and shall immediately be, subject to the lien of that pledge without any physical delivery thereof or further act. (B) It is the intent of the Legislature that the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the department irrespective of whether those parties have notice thereof, and that no resolution or instrument by which the pledge or lien created pursuant to this subdivision is expressed, confirmed, or approved need be filed or recorded in order to perfect the pledge or lien. (C) It is the intent of the Legislature that this paragraph, in all respects, govern the creation, perfection, priority, and enforcement of any lien created pursuant to this division. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  143. 80842.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. )

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    The department must establish and revise revenue requirements, notify the commission of its revenue requirement, and recover the costs through a nonbypassable charge.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 5. Bonds [80840 - 80842] ( Chapter 5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80842. (a) The department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys deposited into the fund, to provide all of the following: (1) The amounts necessary to pay the principal of, and premium, if any, and interest on, all bonds as and when the same shall become due. (2) The amounts necessary to pay for electricity purchased by it and to deliver it to purchasers, including the cost of electricity, transmission, scheduling, and other related expenses incurred by the department, or to make payments under any other contracts, agreements, or obligations entered into by it pursuant to this division, in the amounts and at the times the same shall become due. (3) Reserves in amount as may be determined by the department from time to time to be necessary or desirable. (4) The pooled money investment rate on funds advanced for electricity purchases before the receipt of payment for those purchases by the purchasing entity. (5) The administrative costs of the department and other state agencies, including the costs and fees for professional services, bond issuance and sale, and other miscellaneous costs, incurred in connection with the issuance of bonds or the administration of this division. (b) The department shall notify the commission of its revenue requirement pursuant to the agreement required pursuant to Section 80821 and that revenue requirement shall be satisfied by the recovery of its costs through a nonbypassable charge. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  144. 80850.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 6. Termination of Authority to Contract [80850- 80850.] ( Chapter 6 added by Stats. 2023, Ch. 367, Sec. 15. )

    Verify source ↗

    After January 1, 2035, the department may not contract under this division to buy electrical power.

    ## Water Code - WAT ## DIVISION 29.5. ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT [80800 - 80850] ( Division 29.5 added by Stats. 2023, Ch. 367, Sec. 15. ) ## CHAPTER 6. Termination of Authority to Contract [80850- 80850.] ( Chapter 6 added by Stats. 2023, Ch. 367, Sec. 15. ) ## 80850. (a) On or after January 1, 2035, the department shall not contract under this division for the purchase of electrical power. (b) This section does not affect the authority of the department to administer contracts entered into before that date or any of the department’s outstanding bond obligations. (Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
  145. 8100.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers Relating to Flood Control [8100- 8100.] ( Article 1 added by Stats. 1943, Ch. 369. )

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    County boards of supervisors may use county general funds for flood-control-related work on streams and rivers, subject to legal limits.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers Relating to Flood Control [8100- 8100.] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8100. Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, the boards of supervisors, in their respective counties, may appropriate and expend money from the general fund of the county for any of the following purposes in connection with streams or rivers in the county: (a) The construction of works, improvements, levees or check dams to prevent overflow and flooding. (b) The protection and reforestation of watersheds. (c) The conservation of the flood waters. (d) The making of all surveys, maps and plats necessary to carry out any work, construction or improvement authorized by this article. (e) The carrying out of any work, construction or improvement authorized by this article outside the county if the rivers or streams affected flow in or through more than one county. (Added by Stats. 1943, Ch. 369.)
  146. 81000.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 1. General Provisions [81000 - 81005] ( Part 1 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The Legislature states that the CalConserve Water Use Efficiency Revolving Fund is meant to support water use efficiency projects and related public benefits.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 1. General Provisions [81000 - 81005] ( Part 1 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81000. (a) It is the intent of the Legislature in establishing the CalConserve Water Use Efficiency Revolving Fund to create a sustainable funding source for water use efficiency projects. (b) It is further the intent of the Legislature that the funds from the CalConserve Water Use Efficiency Revolving Fund be used for the following purposes: (1) Measurable reductions in urban per capita water use. (2) Improvements in agricultural water use efficiency and measurable reductions in agricultural water use. (3) Increased use of recycled water. (4) Reductions in greenhouse gas emissions and water and energy use. (c) It is the intent of the Legislature that any public funds made available by this division to private water companies regulated by the Public Utilities Commission should be for the benefit of the ratepayers or the public and not the investors pursuant to oversight by the Public Utilities Commission. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  147. 81005.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 1. General Provisions [81000 - 81005] ( Part 1 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the division, including “Fund,” “Local agency,” “On-bill financing,” and “Technical assistance.”

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 1. General Provisions [81000 - 81005] ( Part 1 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81005. For purposes of this division, the following terms have the following meanings: (a) “Fund” means the CalConserve Water Use Efficiency Revolving Fund established pursuant to Section 81020. (b) “Local agency” means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, water district as defined in Section 20200, public water system as defined in Section 116275 of the Health and Safety Code, or private water company under the jurisdiction of the Public Utilities Commission. (c) “On-bill financing” means a utility-based method for providing low-interest or no-interest financing for water use efficiency improvements through the monthly utility bill. (d) “Technical assistance” means costs incurred for providing advice, training, or other assistance to local agencies, such as the following: (1) Conducting specialized studies to identify water conservation opportunities that meet the intent of Section 81000. (2) Planning of specific remodeling, renovation, repair, replacement, or other projects related to water conservation. (3) Developing a project proposal for funding from the fund. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  148. 8101.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A county board of supervisors may use county funds for flood-control works and may build those works outside the county.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8101. A board of supervisors may appropriate and expend money from the general or other appropriate funds of the county for the construction of works, improvements, levees or check dams to prevent the overflow and flooding of streams and rivers in the county, and for that purpose may construct works, improvements, levees or check dams outside the county. (Added by Stats. 1943, Ch. 369.)
  149. 8102.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Work under this article may be carried out on channels, streams, or rivers that cross more than one county, and also where it is reasonably necessary to control flood waters in a county on a waterway that does not cross county lines.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8102. Work under this article may be done upon channels, streams or rivers which flow through or lie in more than one county, or where the work is reasonably necessary for the control of flood waters in the county upon a channel, river or stream which does not lie or flow in or through two or more counties. (Added by Stats. 1943, Ch. 369.)
  150. 81020.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The CalConserve Water Use Efficiency Revolving Fund is created in the State Treasury, and the department administers it.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81020. The CalConserve Water Use Efficiency Revolving Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the department for expenditure in accordance with this division. The department is the state agency responsible for administering the fund. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  151. 81022.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    Bond proceeds for Section 79157 purposes must be transferred to the fund and used by the department for loans and grants to local agencies.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81022. The proceeds of any bonds authorized to be issued and available for the purposes of Section 79157 shall be transferred to the fund and used by the department for loans and grants to local agencies to acquire and construct agricultural water conservation projects consistent with Article 3 (commencing with Section 79157) of Chapter 8 of Division 26. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  152. 81023.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The department may provide zero-interest loans to local agencies for water conservation and water use efficiency projects, and loan recipients must make reasonable efforts to recover loan costs.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81023. (a) Consistent with Division 26.7 (commencing with Section 79700), the sum of three million dollars ($3,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20. (b) The department may implement this section by providing to a local agency a zero-interest loan. (c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency. (d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the fund. (Amended by Stats. 2021, Ch. 115, Sec. 98. (AB 148) Effective July 22, 2021.)
  153. 81024.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The department may manage the fund and related federal and local funding arrangements.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81024. The department may undertake any of the following: (a) Provide for the deposit of any available and necessary moneys into the fund. (b) Enter into agreements with local agencies that provide water or recycled water service to provide loans for the purposes described in subdivision (b) of Section 81000. (c) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund. (d) Take additional incidental action as appropriate for the adequate administration and operation of the fund. (e) Make requests on behalf of the state for deposit into the fund of available federal moneys. (f) Enter into agreements with the federal government for federal contributions to the fund. (g) Accept federal contributions to the fund. (h) Provide technical assistance to local agencies. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  154. 81026.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The department may enter an agreement with the federal government for fund contributions only if required matching funds are identified and the department can commit the minimum fund expenditure required by the federal government.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81026. (a) The department may enter into an agreement with the federal government for federal contributions to the fund only if both of the following conditions are met: (1) The state identifies any required matching funds. (2) The department is prepared to commit to the expenditure of any minimum amount in the fund in the manner required by the federal government. (b) Any agreement between the department and the federal government shall contain those provisions, terms, and conditions required by the federal government and any implementing federal rules, regulations, guidelines, and policies, including, but not limited to, agreement to expend moneys in the fund in an expeditious and timely manner. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  155. 8103.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    In connection with flood control work under this article, highways, bridges, and other public works affected by it or benefiting from it may be built, rebuilt, remodeled, maintained, repaired, or demolished.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8103. In connection with flood control work under this article, whether done by the county or by any district therein or agency thereof, highways, bridges and other public works affected thereby or which will be of public benefit, whether located in the county, or wholly or partially in incorporated or unincorporated territory outside the county may be constructed, reconstructed, remodeled, maintained, repaired or demolished. (Added by Stats. 1943, Ch. 369.)
  156. 81030.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    Money in the fund must be used only for the listed purposes, including qualifying loans, loan guarantees or insurance, bond-related security or revenue, interest earnings, technical assistance, administrative costs capped at 4% of the fund, and certain federally authorized assistance.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81030. Moneys in the fund shall be used for the following purposes: (a) Loans to local agencies that meet all of the following requirements: (1) Are made at or below market interest rates. (2) Require annual payments of principal and any interest, with repayment commencing not later than one year after loan funding and full amortization not later than 20 years after loan funding. Full amortization for loans to disadvantaged communities shall be not later than 25 years after loan funding. (3) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan. (b) To guarantee, or purchase insurance for, local obligations if that action would improve credit market access or reduce interest rates. (c) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund. (d) To earn interest. (e) Technical assistance. (f) For payment of the department’s reasonable costs of administering the fund, not to exceed 4 percent of the fund. (g) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on, the types of assistance described in this section that is authorized by a federal capitalization grant deposited in the fund to the extent authorized and funded by that federal capitalization grant. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  157. 81033.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    A local agency may not use funds made available under this division for its administrative costs.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81033. Funds made available pursuant to this division to a local agency shall not be used for that local agency’s administrative costs. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  158. 81035.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    Repayments and interest related to the fund must be deposited back into the fund and may be spent only for purposes authorized by this division.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 2. CalConserve Water Use Efficiency Revolving Fund [81020 - 81035] ( Part 2 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81035. Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, shall be deposited in the fund and shall be available for expenditure for the purposes and uses authorized by this division. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  159. 8104.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The flood control work may be paid for by the county, a district or agency doing the work, or by counties and cities jointly if they agree.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8104. The work described in the next preceding section may be done at the expense of the county doing the flood control work, or of any district or agency therein which is doing the work. The legislative bodies of the counties and cities affected may provide by agreement that the work be done at the joint expense of the county or counties and city or cities in which the work is done. (Added by Stats. 1943, Ch. 369.)
  160. 81040.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    Projects must have at least one listed water or emissions benefit.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81040. Projects shall have one or more of the following benefits: (a) Measurably reduce urban per capita potable water use. (b) Measurably reduce agricultural water use. (c) Increase the use or availability of recycled water supply. (d) Reduce greenhouse gas emission and water and energy use. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  161. 81042.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    A local agency may borrow money and incur debt under this division, but only if constitutional restrictions are satisfied.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81042. Subject to all applicable constitutional restrictions, a local agency may borrow money and incur indebtedness pursuant to this division. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  162. 81044.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    The department may adopt rules and guidelines to carry out this division.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81044. The department may adopt rules and guidelines necessary or convenient to implement this division. (Added by Stats. 2014, Ch. 825, Sec. 2. (AB 2636) Effective January 1, 2015.)
  163. 81046.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. )

    Verify source ↗

    A local agency may implement water use efficiency loan programs through on-bill financing under this division.

    ## Water Code - WAT ## DIVISION 30. CalConserve Water Use Efficiency Revolving Loan Program [81000 - 81046] ( Division 30 added by Stats. 2014, Ch. 825, Sec. 2. ) ## PART 3. Implementation [81040 - 81046] ( Part 3 added by Stats. 2014, Ch. 825, Sec. 2. ) ## 81046. A local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing. (Amended by Stats. 2015, Ch. 2, Sec. 10. (AB 92) Effective March 27, 2015.)
  164. 8105.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The section says this article does not authorize the county, or a county district or agency, to impose a tax or special assessment on property outside the county for the work.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8105. Nothing in this article shall be construed to authorize the imposition of any tax or special assessment either by the county or any district in, or agency of, the county on any property outside the county doing the work whether the work is done directly by the county or by any district in, or agency of the county. (Added by Stats. 1943, Ch. 369.)
  165. 8106.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section says the article does not allow work outside a county unless the relevant county or city legislative body consents, depending on where the work is located.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Flood Control Work Outside of County [8101 - 8106] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8106. Nothing in this article shall be construed to authorize the doing of any work outside the county without the consent of the legislative body of the county in which the work is to be done if in unincorporated territory or of the legislative body of any city in which any of the works are situated in whole or in part. (Added by Stats. 1943, Ch. 369.)
  166. 8110.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. County Flood Control Districts [8110- 8110.] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board of supervisors may create and govern flood control districts by ordinance.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. County Flood Control Districts [8110- 8110.] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8110. The board of supervisors may provide by ordinance for the organization and government of districts for the following purposes: (a) To protect and preserve the banks of rivers and streams and lands lying contiguous thereto from injury by overflow or washing. (b) To provide for the improvement of rivers and streams. (c) To prevent the obstruction of rivers and streams. (d) To assess, levy and collect within each district a tax for the district. (Added by Stats. 1943, Ch. 369.)
  167. 8125.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section defines “non-navigable streams” for this article as county streams and washes that are not legally declared navigable and are not actually navigable for commercial purposes.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8125. “Non-navigable streams,” as used in this article, means streams and washes in a county which are not declared by law to be navigable and which are not in fact navigable for commercial purposes. (Added by Stats. 1943, Ch. 369.)
  168. 8126.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board of supervisors may authorize work on certain non-navigable streams and related bank and land protection when overflow interferes with highways.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8126. The board of supervisors may provide for widening, deepening, straightening, removing obstructions from, and otherwise improving non-navigable streams the overflow of which interferes with highways, and for protecting the banks and adjacent lands from overflow of non-navigable streams. (Added by Stats. 1943, Ch. 369.)
  169. 8127.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may make regulations about using the streams and about repairing and controlling the works.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8127. The board may make regulations for the use of the streams and the repair and control of the works. (Added by Stats. 1943, Ch. 369.)
  170. 8128.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board regulations and directed improvements must not interfere with the private rights or privileges of riparian owners, miners, or others.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8128. No regulations of the board nor improvements directed by it to be made shall in any manner interfere with the private rights or privileges of riparian owners, miners, or others. (Added by Stats. 1943, Ch. 369.)
  171. 8129.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If the board of supervisors believes the general fund is insufficient to pay for the article’s improvements, it may levy a tax or incur bonded debt.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Flood Control in Counties [8100 - 8129] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Improvement of Non-Navigable Streams [8125 - 8129] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8129. Whenever, in the opinion of the board of supervisors, the general fund is insufficient to defray the cost of the improvements provided for under this article, the board may levy a tax or contract a bonded indebtedness therefor in the manner provided by Title 3 of the Government Code. (Amended by Stats. 1953, Ch. 320.)
  172. 81300.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. General Provisions [81300 - 81301] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This division is known as the Bay Area Water Supply and Conservation Agency Act, and it may be cited by that name.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. General Provisions [81300 - 81301] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81300. This division shall be known and may be cited as the Bay Area Water Supply and Conservation Agency Act. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  173. 81301.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. General Provisions [81300 - 81301] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The Legislature states findings about Bay Area water supply problems and says local governments in the three counties should be enabled to form a multicounty agency for planning, supplies, conservation, recycling, and repairs.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. General Provisions [81300 - 81301] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81301. The Legislature finds and declares all of the following: (a) Many separate cities, districts, and public utilities are responsible for distribution of water in portions of the Bay Area served by the regional system operated by the City and County of San Francisco. Residents in the Counties of Alameda, San Mateo, and Santa Clara who depend on the water made available on a wholesale basis by the regional system have no right to vote in elections in the City and County of San Francisco and are not represented on the San Francisco commission that oversees operation of the regional system. (b) The San Francisco regional system is vulnerable to catastrophic damage in a severe earthquake, which could result in San Francisco and neighboring communities being without potable water for up to 60 days. The San Francisco regional system is also susceptible to severe water shortages during periods of below average precipitation because of insufficient storage and the absence of contractual arrangements for alternative dry year supplies. (c) The lack of a local, intergovernmental, cooperative governance structure for the San Francisco regional system prevents a systematic, rational, cost-effective program of water supply, water conservation, and recycling from being developed, funded, and implemented. (d) It is the intent of the Legislature to enable local governments responsible for water distribution in the three counties to establish a multicounty agency authorized to plan for and acquire supplemental water supplies, to encourage water conservation and use of recycled water on a regional basis, and to assist in the financing of essential repairs and improvements to the San Francisco regional water system, including seismic strengthening. (e) The need for coordinated planning and implementation of strategies for water supply, water conservation, water recycling, and repair and improvement of the San Francisco regional system may appropriately lead to the establishment of the Bay Area Water Planning and Conservation Agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  174. 81302.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section says the article’s definitions control how this division is interpreted, unless context requires otherwise.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81302. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  175. 81303.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    “Agency” means the Bay Area Water Supply and Conservation Agency.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81303. “Agency” means the Bay Area Water Supply and Conservation Agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  176. 81304.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section defines “Board” as the agency’s board of directors.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81304. “Board” means the board of directors of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  177. 81305.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section defines “eligible public entities” as specified water customers in three counties.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81305. “Eligible public entities” means the 24 public entities in San Mateo County, Alameda County, and Santa Clara County that purchase water from San Francisco pursuant to the July 2009 Water Supply Agreement, or any subsequent water supply contract, that include Alameda County Water District, City of Brisbane, City of Burlingame, Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, Town of Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast County Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City, City of San Bruno, City of San Jose, City of Santa Clara, City of Sunnyvale, and Westborough Water District. (Amended by Stats. 2010, Ch. 63, Sec. 1. (AB 2488) Effective January 1, 2011.)
  178. 81306.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section defines “Project” to include a work and the related or necessary activities for acquiring, constructing, operating, and maintaining it.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81306. “Project” means a work and all of the activities related to, or necessary for, the acquisition, construction, operation and maintenance of a work, including, but not limited to, planning, design, financing, contracting, project management, and administration. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  179. 81307.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section defines “regional water system” for the chapter.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81307. “Regional water system” means facilities for the storage, treatment, and transmission of water operated by San Francisco located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, San Mateo, and three terminal reservoirs in San Francisco. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  180. 81307.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section defines “San Francisco” as the City and County of San Francisco.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81307.5. “San Francisco” means the City and County of San Francisco. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  181. 81308.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    “Work” or “works” includes reservoirs, water treatment plants, water transmission facilities, water conservation measures and programs, conjunctive use facilities, and recycled water transmission facilities.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81308. “Work” or “works” include, but is not limited to, reservoirs, water treatment plants, facilities for the transmission of water, water conservation measures and programs, facilities for the conjunctive use of surface water and groundwater, and facilities for the transmission of recycled water. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  182. 81309.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    “Zone” is defined as an improvement district, assessment district, or area benefiting from a project.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81300 - 81309] ( Chapter 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Definitions [81302 - 81309] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81309. “Zone” means an improvement district, assessment district, or area benefiting from a project. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  183. 81315.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Resolution of Intention [81315 - 81316] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    A governing body of a listed public entity may declare its intention to form the agency, but the resolution must satisfy notice, hearing, and identification requirements.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Resolution of Intention [81315 - 81316] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81315. (a) The governing body of a public entity identified in Section 81305, by a majority vote of all of its members, may declare the intention of that entity to form the agency with all of the other public entities identified in that section. (b) The resolution shall meet all of the following requirements: (1) Identify the name of the public entity adopting the resolution. (2) Identify the name of each public entity proposed to be a member of the agency, which shall include all public entities identified in Section 81305. (3) Fix the time and place within the boundaries of the public entity adopting the resolution at which a hearing will be held by its governing body to determine whether to form the agency and whether to become a member of the agency. The date of the hearing may not be less than 30 days, nor more than 60 days, from the date of the adoption of the resolution. (4) Direct publication of the resolution one time in a newspaper of general circulation within the boundaries of the public entity adopting the resolution at least two weeks prior to the date set for the hearing. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  184. 81316.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Resolution of Intention [81315 - 81316] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The governing board must mail a certified copy of the resolution within 10 days, and each proposed member’s governing body must set a hearing, publish the resolution, and do so within the stated time limits.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Resolution of Intention [81315 - 81316] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81316. The governing board of the public entity adopting the resolution pursuant to Section 81315, not later than 10 days after the date of the adoption of the resolution, shall mail a certified copy of the resolution to the governing body of each public entity identified in the resolution as a proposed member of the agency. The governing body of each proposed member, not later than 60 days after the date of the adoption of the resolution described in Section 81315, shall adopt a resolution fixing the time and place within the boundaries of that public entity at which a hearing will be held to determine whether to form the agency and whether to become a member. The date of the hearing shall be not less than 30 days, nor more than 60 days, from the date of the adoption of the resolution by that public entity. The resolution shall be published one time in a newspaper of general circulation within the boundaries of that public entity at least two weeks prior to the date set for the public hearing. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  185. 81317.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Each public entity’s governing body must hold a public hearing about forming and joining the agency, at the times and places set in the relevant resolutions.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81317. At the times and places specified in the resolutions adopted pursuant to Section 81315 or 81316, the governing body of each public entity shall hold a public hearing on the question of whether to form, and become a member of, the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  186. 81318.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

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    Each public entity’s governing body must adopt a resolution after the public hearing, and no later than 60 days later, stating whether it will form and join the agency.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81318. As soon as practicable after the completion of the public hearing described in Section 81317, and in any event not later than 60 days thereafter, the governing body of each public entity shall adopt a resolution that declares the finding of the governing body as to whether to form and become a member of the agency. The adoption of the resolution, whether affirmative or negative, is subject to referendum pursuant to Division 9 (commencing with Section 9000) of the Elections Code, but shall not be a “project” for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  187. 81319.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

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    Within 10 days after a resolution is adopted under Section 81318, each public entity’s governing body must send a certified copy to the San Mateo County Board of Supervisors.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Formation Hearings [81317 - 81319] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81319. Not later than 10 days after the date of the adoption of the resolution required by Section 81318, the governing body of each public entity shall cause a certified copy of the resolution to be forwarded to the Board of Supervisors of San Mateo County. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  188. 81325.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

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    The San Mateo County Board of Supervisors must decide within 60 days whether the agency-formation resolutions meet the stated threshold, and if they do, it must declare the agency formed and list its members.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81325. Not later than 60 days from the date of the receipt of the resolutions pursuant to Section 81319, the Board of Supervisors of San Mateo County shall determine whether or not resolutions to form and join the agency have been adopted by at least 15 public entities representing collectively at least 60 percent of the total water deliveries of all the public entities identified in Section 81305. In making that determination, the board of supervisors shall use the water delivery quantities set forth in subdivision (b) of Section 81460. If 15 or more public entities representing collectively 60 percent or more of those water deliveries have adopted those resolutions, the board of supervisors, by order entered in its minutes, shall declare that the agency has been formed and list each public entity that is a member of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  189. 81325.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board of supervisors must include all county resolutions received at least 10 days before the public meeting when making the Section 81325 determination.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81325.5. In making the determination required by Section 81325, the board of supervisors shall include all resolutions received by the county at least 10 days before the date of the public meeting at which the determination is made. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  190. 81325.7.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

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    If the board of supervisors finds the submitted resolutions are not enough to form the agency, eligible public entities may try the formation process again at any time.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81325.7. If the board of supervisors determines that the resolutions submitted are insufficient to form the agency, the eligible public entities may again undertake the process described in Sections 81315 to 81319, inclusive, at any time. In addition, resolutions adopted that approve formation of the agency may remain in effect for the time specified in those resolutions, unless those resolutions are otherwise repealed. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  191. 81326.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The San Mateo County Clerk of the Board must file a certificate with the Secretary of State within 10 days after the Section 81325 order, and the board of supervisors must include a boundary map.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81326. The Clerk of the Board of Supervisors of San Mateo County, not later than 10 days from the date of entry of an order described in Section 81325, shall file a certificate with the Secretary of State identifying the name of the agency and the names of each public entity that is a member of the agency. The board of supervisors shall include a map showing the boundaries of the agency, with reference to the boundaries of each member public entity. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  192. 81327.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The Secretary of State must issue a certificate of formation within 10 days after receiving the certificate described in Section 81326, and must send a copy to each public entity that is a member of the agency.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81327. The Secretary of State, not later than 10 days from the date of the receipt of the certificate described in Section 81326, shall issue a certificate of formation reciting that the agency has been formed pursuant to this division and identifying the public entities of which the agency is comprised. The Secretary of State shall transmit a copy of the certificate to each public entity that is a member of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  193. 81328.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency’s formation becomes effective when the Secretary of State issues the certificate.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81328. The formation of the agency shall be effective on the date of the issuance of the Secretary of State’s certificate. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  194. 81329.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

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    A proceeding’s invalidity or irregularity does not invalidate the agency’s formation unless it substantially and adversely affects the interests of a public entity identified in Section 81305.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81329. No invalidity or irregularity in any proceeding that does not substantially and adversely affect the interests of any public entity identified in Section 81305 may be held to invalidate the formation of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  195. 81330.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

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    Challenges to the agency’s formation must be started within 60 days after the Secretary of State issues the certificate of formation.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81330. Any action or proceeding in which the validity of the formation of the agency, or any of the proceedings in relation thereto, is contested, questioned, or challenged shall be commenced not later than 60 days from the date of the Secretary of State’s certificate of formation. In the absence of that action or proceeding, the formation and legal existence of the agency, and all proceedings in relation thereto, shall be held to be in every respect valid, legal, and incontestable. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  196. 81331.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

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    This section says certain agency formation and district-related actions are not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 2. Formation of Agency [81315 - 81331] ( Chapter 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Establishment of Agency [81325 - 81331] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81331. The formation of the agency, proceedings to increase its membership pursuant to Section 81456 or 81456.5, or the establishment or modification of any zone or improvement district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  197. 81335.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

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    The agency must be governed by a board of directors.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81335. The agency shall be governed by a board of directors. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  198. 81336.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

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    This section requires member public entities to appoint board members, sets who may be appointed in certain counties, and requires initial appointments within 60 days after the certificate of formation is issued.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81336. (a) The governing body of each member public entity shall appoint one member to the board of the agency. Each director shall be a registered voter and reside within the boundaries of the member public entity whose governing board appoints him or her. (b) For the purposes of subdivision (a), the governing body may appoint one of its own members to the board if that person otherwise meets the requirements of that subdivision. (c) (1) The Board of Supervisors of San Mateo County shall appoint one member to the board who is an officer or employee of the California Water Service Company. (2) The Board of Supervisors of Santa Clara County shall appoint one member to the board who is an officer or employee of Stanford University. (d) The initial appointments shall be made not later than 60 days after the date of the issuance of the certificate of formation pursuant to Section 81327. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  199. 81336.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

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    The agency may make certain contracts only if specified directors do not vote and the contract gets the required board approval; board members may vote on matters involving their represented public entity.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81336.5. (a) No incompatibility of office shall result from an elected official serving on the board of the agency and on the governing board of a member public entity. A board member may vote on contracts or other matters involving the member public entity he or she represents. (b) The agency may enter into a contract with California Water Service Company only if both of the following requirements are met: (1) The director appointed by the Board of Supervisors of San Mateo County does not participate in a vote on the contract. (2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of San Mateo County. (c) The agency may enter into a contract with Stanford University only if both of the following requirements are met: (1) The director appointed by the Board of Supervisors of Santa Clara County does not participate in a vote on the contract. (2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of Santa Clara County. (d) A contract approved pursuant to the requirements of this division does not constitute a violation of Section 1090 or 1097 of the Government Code, nor is it void or voidable pursuant to Section 1092 of the Government Code. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  200. 81337.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

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    Each director must take the oath of office before starting official duties. The board chair, vice chair, or agency secretary may administer the oath.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81337. Each director, before entering upon the duties of his or her office, shall take the oath of office as provided for in the California Constitution and laws of the state. The chairperson or vice chairperson of the board, or the secretary of the agency, may administer the oath. (Amended by Stats. 2010, Ch. 63, Sec. 2. (AB 2488) Effective January 1, 2011.)

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