With the passage of the two Water Bond bills by the State Legislator Wednesday night, voters will now have the opportunity to decide if they want to help meet the States water needs with a $7.5 billion package that replaces an existing $11.14 billion water bond.
- Assembly Bill 1471 was passed with a vote of 77-1
- Senate Bill 866 passed was passed with a unanimous vote
The last minute changes to the original bill was to ensure Delta Protections were included which Senator Lois Wolk called it “good for the Delta” in her Press Release saying the bond is BDCP neutral and includes no funding that can be used to pay for the Delta tunnel mitigation projects.
Meanwhile, Assemblyman Jim Frazier applauded applaud Assembly Speaker Atkins for her efforts to ensure that this bond is tunnel-neutral and does not include policy or funding that will advance the Bay Delta Conservation Plan.
Per the Senate Bill:
79710.
(a) Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities. (Full Bill Posted Below)
About $2.7 billion of the bond (1/3) will be dedicated to water storage in the form of construction of dams, water storage, reservoirs while $1.5 billion will go to protect and restore rivers, lakes and watersheds.
Press Release: Wolk applauds passage of affordable, BDCP neutral water bond
SACRAMENTO–State Senator Lois Wolk (D-Davis) today applauded the passage of Senate Bill 866, legislation to replace the existing $11.14 billion water bond set for the November ballot with a $7.5 billion water bond crafted by the Governor and Democratic leaders in the State Legislature. The bipartisan agreement, authored by Wolk and Senate leader Darrell Steinberg (D-Sacramento), provides a comprehensive approach to meeting the state’s future water needs, in addition to meeting urgent needs in all regions of the state.
“This is a very different bond than the pork-laden one currently on the ballot, which helped some regions of this state, but hurt others. This bond is good for the Delta and all of California, and it’s affordable. SB 866 not only meets the state’s greatest and most urgent water needs, it includes hard-won victories for the Delta including language to ensure this bond is BDCP neutral and includes no funding that can be used to pay for the Delta tunnels or tunnel mitigation projects. Also included are requirements that Delta communities have a voice in decisions on projects in the Delta—as well as first-ever funding for the Delta Conservancy and the opportunity for the Conservancy to demonstrate that it can deliver on the important charge it was given in 2009.
“This bond is a compromise. It isn’t perfect. But it is still a win for the Delta and the state, and it is a bond that voters can support in November.
“I want to thank the Governor, Senate Leader Steinberg, Assembly Speaker Atkins, their staff, and my own, for their dedication and hard work in crafting a fiscally responsible bond that funds critical water needs throughout the state, leaves out pork projects, and includes vital protections for the Delta. I also want to thank Contra Costa, Sacramento, Solano, and Yolo Counties for their support of this measure.”
The bond includes:
- $900 million total for cleaning up groundwater in the San Gabriel Valley, in the Los Angeles region, on the Central Coast, and throughout the state—the most significant investment in groundwater treatment in California’s history;
- $2.7 billion for the public benefits of new storage, including storage facilities in the Central Valley;
- Over $520 million in critically needed drinking and wastewater treatment projects for those communities that cannot currently drink from their own taps; and
- Investments in regional water supplies that will help communities throughout the state respond to drought and climate change, including $510 million for regional water plans, $725 million for water recycling, and $200 million for stormwater capture projects.
SACRAMENTO–State Senator Lois Wolk (D-Davis) today applauded the passage of Senate Bill 866, legislation to replace the existing $11.14 billion water bond set for the November ballot with a $7.5 billion water bond crafted by the Governor and Democratic leaders in the State Legislature. The bipartisan agreement, authored by Wolk and Senate leader Darrell Steinberg (D-Sacramento), provides a comprehensive approach to meeting the state’s future water needs, in addition to meeting urgent needs in all regions of the state.
“This is a very different bond than the pork-laden one currently on the ballot, which helped some regions of this state, but hurt others. This bond is good for the Delta and all of California, and it’s affordable. SB 866 not only meets the state’s greatest and most urgent water needs, it includes hard-won victories for the Delta including language to ensure this bond is BDCP neutral and includes no funding that can be used to pay for the Delta tunnels or tunnel mitigation projects. Also included are requirements that Delta communities have a voice in decisions on projects in the Delta—as well as first-ever funding for the Delta Conservancy and the opportunity for the Conservancy to demonstrate that it can deliver on the important charge it was given in 2009.
“This bond is a compromise. It isn’t perfect. But it is still a win for the Delta and the state, and it is a bond that voters can support in November.
“I want to thank the Governor, Senate Leader Steinberg, Assembly Speaker Atkins, their staff, and my own, for their dedication and hard work in crafting a fiscally responsible bond that funds critical water needs throughout the state, leaves out pork projects, and includes vital protections for the Delta. I also want to thank Contra Costa, Sacramento, Solano, and Yolo Counties for their support of this measure.”
The bond includes:
- $900 million total for cleaning up groundwater in the San Gabriel Valley, in the Los Angeles region, on the Central Coast, and throughout the state—the most significant investment in groundwater treatment in California’s history;
- $2.7 billion for the public benefits of new storage, including storage facilities in the Central Valley;
- Over $520 million in critically needed drinking and wastewater treatment projects for those communities that cannot currently drink from their own taps; and
- Investments in regional water supplies that will help communities throughout the state respond to drought and climate change, including $510 million for regional water plans, $725 million for water recycling, and $200 million for stormwater capture projects.
– See more at: http://sd03.senate.ca.gov/news/2014-08-13-wolk-applauds-passage-affordable-bdcp-neutral-water-bond#sthash.dq5pZsVW.dpuf
Statement by Assemblyman Jim Frazier
Sacramento, CA – Assemblymember Jim Frazier (D – Oakley) released the following statement regarding the Legislature’s passage of the Water Quality, Supply and Infrastructure Improvement Act of 2014:
“Assembly Bill 1471, which will appear as Proposition 1 on the November ballot, allocates $7.5 billion to address California’s most urgent water needs.
I applaud Speaker Atkins for her efforts to ensure that this bond is tunnel-neutral and does not include policy or funding that will advance the Bay Delta Conservation Plan. This legislation will provide the Delta region with funding for critical projects and will ensure that my constituents have the opportunity to give their input on important bond expenditures. I will continue to work with the Speaker to identify and secure additional funding for Delta projects that go beyond the water bond.”
Statement by Assembly Speaker Toni G. Atkins
SACRAMENTO – Assembly Speaker Toni G. Atkins (D-San Diego) released the following statement regarding the passage of the Water Quality, Supply and Infrastructure Improvement Act of 2014:
“This bond meets critical need at the best cost in a way that voters will approve. It is good for the state as a whole and it is good for the state region by region. It took months of pushing and negotiating, working with the Governor and the Senate, Democrats and Republicans alike, and with stakeholders from around the state. We were successful – and this bond will be successful – exactly because we did this painstaking work together.
“In this bond we make the biggest investment in water storage in decades, we make a major investment in ensuring clean, sustainable groundwater, and we make a major investment in our rivers, streams, and watersheds that will help with our water needs, and provide important environmental benefits as well. With this bond we harness innovative technology, we anticipate the challenges that future droughts may pose, and we create jobs.
“I am proud the Legislature has stepped up and passed this important measure for California’s water future.”
SB 866
LEGISLATIVE COUNSEL’S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 5096.968 is added to the Public Resources Code, to read:
5096.968.
Notwithstanding any other law, one hundred million dollars ($100,000,000) of the unissued bonds authorized for the purposes of this chapter are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700) of the Water Code. The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this chapter.
SEC. 2.
Section 75089 is added to the Public Resources Code, to read:
75089.
Notwithstanding any other law, one hundred five million dollars ($105,000,000) of the unissued bonds authorized for the purposes of this division are reallocated for the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700) of the Water Code. The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this division.
SEC. 3.
Section 13467 is added to the Water Code, to read:
13467.
Notwithstanding any other law, thirteen million five hundred thousand dollars ($13,500,000) of the unissued bonds authorized for the purposes of subdivision (a) of Section 13459 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700).
SEC. 4.
Section 78691.5 is added to the Water Code, to read:
78691.5.
Notwithstanding any other law, nine million nine hundred thousand dollars ($9,900,000) of the unissued bonds authorized for the purposes of Sections 78550 to 78551, inclusive, three million two hundred thousand dollars ($3,200,000) of the unissued bonds authorized for the purposes of Section 78671, three million five hundred thousand dollars ($3,500,000) of the unissued bonds authorized for the purposes of paragraph (3) of subdivision (a) of Section 78680, eight million one hundred thousand dollars ($8,100,000) of the unissued bonds authorized for the purposes of Section 78681.2, and eight hundred thousand dollars ($800,000) of the unissued bonds authorized for the purposes of Section 78530.5 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700).
SEC. 5.
Section 79222 is added to the Water Code, to read:
79222.
Notwithstanding any other law, thirty-four million dollars ($34,000,000) of the unissued bonds authorized for the purposes of Section 79157, and fifty-two million dollars ($52,000,000) of the unissued bonds authorized for the purposes of Section 79195 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700).
SEC. 6.
Section 79591 is added to the Water Code, to read:
79591.
Notwithstanding any other law, ninety-five million dollars ($95,000,000) of the unissued bonds authorized for the purposes of this division are reallocated for the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700). The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this division.
SEC. 7.
Division 26.7 (commencing with Section 79700) of the Water Code, as added by Section 1 of Chapter 3 of the Seventh Extraordinary Session of the Statutes of 2009, is repealed.
SEC. 8.
Division 26.7 (commencing with Section 79700) is added to the Water Code, to read:
DIVISION 26.7. Water Quality, Supply, and Infrastructure Improvement Act of 2014
CHAPTER 1. Short Title
79700.
This division shall be known, and may be cited, as the Water Quality, Supply, and Infrastructure Improvement Act of 2014.
CHAPTER 2. Findings
79701.
The people of California find and declare all of the following:
CHAPTER 3. Definitions
79702.
Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division, as follows:
CHAPTER 4. General Provisions
79703.
An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.
79704.
Unless otherwise specified, up to 10 percent of funds allocated for each program funded by this division may be expended for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the annual Budget Act for a capital outlay project or grant project. Water quality monitoring data shall be collected and reported to the state board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the state board. Watershed monitoring data shall be collected and reported to the Department of Conservation in a manner that is compatible and consistent with the statewide watershed program administered by the Department of Conservation.
79705.
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development or implementation of programs or projects authorized or funded under this division other than Chapter 8 (commencing with Section 79750).
79706.
(a) Prior to disbursing grants or loans pursuant to this division, each state agency that receives an appropriation from the funding made available by this division to administer a competitive grant or loan program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants or loans to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
79707.
It is the intent of the people that:
79708.
(a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. The secretary shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the Natural Resources Agency’s Internet Web site.
79709.
(a) Funds expended pursuant to this division for the acquisition of a permanent dedication of water shall be in accordance with Section 1707 where the state board specifies that the water is in addition to water that is required for regulatory requirements as provided in subdivision (c) of Section 1707. The expenditure of funds provided by this division may include the initiation of the dedication as a short term or temporary urgency change, that is approved in accordance with Section 1707 and either Chapter 6.6 (commencing with Section 1435) of, or Chapter 10.5 (commencing with Section 1725) of, Part 2 of Division 2, during the period required to prepare any environmental documentation and for approval of permanent dedication.
79710.
(a) Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities.
79711.
(a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections 12200 to 12220, inclusive.
79712.
(a) Eligible applicants under this division are public agencies, nonprofit organizations, public utilities, federally recognized Indian tribes, state Indian tribes listed on the Native American Heritage Commission’s California Tribal Consultation List, and mutual water companies.
79713.
The Legislature may enact legislation necessary to implement programs funded by this division, except as otherwise provided in Section 79760.
79714.
(a) Unless otherwise specified, any state agency that has the statutory authority to implement one or more of the purposes specified in this bond may be eligible for appropriations from the funding made available by this division.
79715.
The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, which is hereby created in the State Treasury.
79716.
Each state agency that receives an appropriation of funding made available by this division shall be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state’s bond accountability Internet Web site, as provided by statute.
CHAPTER 5. Clean, Safe and Reliable Drinking Water
79720.
The sum of five hundred twenty million dollars ($520,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures, grants, and loans for projects that improve water quality or help provide clean, safe, and reliable drinking water to all Californians.
79721.
The projects eligible for funding pursuant to this chapter shall help improve water quality for a beneficial use. The purposes of this chapter are to:
79722.
The contaminants that may be addressed with funding pursuant to this chapter may include, but shall not be limited to, nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic, selenium, hexavalent chromium, mercury, PCE (perchloroethylene), TCE (trichloroethylene), DCE (dichloroethene), DCA (dichloroethane), 1,2,3-TCP (trichloropropane), carbon tetrachloride, 1,4-dioxane, 1,4-dioxacyclohexane, nitrosodimethylamine, bromide, iron, manganese, and uranium.
79723.
Of the funds authorized by Section 79720, two hundred sixty million dollars ($260,000,000) shall be available for deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund created pursuant to Section 13477.6 for grants for wastewater treatment projects. Priority shall be given to projects that serve disadvantaged communities and severely disadvantaged communities, and to projects that address public health hazards. Projects may include, but not be limited to, projects that identify, plan, design, and implement regional mechanisms to consolidate wastewater systems or provide affordable treatment technologies.
79724.
(a) (1) Of the funds authorized by Section 79720, two hundred sixty million dollars ($260,000,000) shall be available for grants and loans for public water system infrastructure improvements and related actions to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given to projects that provide treatment for contamination or access to an alternate drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards identified by the state board. Eligible recipients serve disadvantaged communities and are public water systems or public agencies. The state board may make grants for the purpose of financing feasibility studies and to meet the eligibility requirements for a construction grant. Eligible expenses may include initial operation and maintenance costs for systems serving disadvantaged communities. Priority shall be given to projects that provide shared solutions for multiple communities, at least one of which is a disadvantaged community that lacks safe, affordable drinking water and is served by a small community water system, state small water system, or a private well. Construction grants shall be limited to five million dollars ($5,000,000) per project, except that the state board may set a limit of not more than twenty million dollars ($20,000,000) for projects that provide regional benefits or are shared among multiple entities, at least one of which shall be a small disadvantaged community. Not more than 25 percent of a grant may be awarded in advance of actual expenditures.
79725.
(a) For the purposes of awarding funding under this chapter, a local cost share of not less than 50 percent of the total costs of the project shall be required. The cost-sharing requirement may be waived or reduced for projects that directly benefit a disadvantaged community or an economically distressed area.
CHAPTER 6. Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds
79730.
The sum of one billion four hundred ninety-five million dollars ($1,495,000,000) shall be available, upon appropriation by the Legislature from the fund, in accordance with this chapter, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities.
79731.
Of the funds authorized by Section 79730, the sum of three hundred twenty-seven million five hundred thousand dollars ($327,500,000) shall be allocated for multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds of the state in accordance with the following schedule:
79732.
(a) In protecting and restoring California rivers, lakes, streams, and watersheds, the purposes of this chapter are to:
79733.
Of the funds made available by Section 79730, the sum of two hundred million dollars ($200,000,000) shall be administered by the Wildlife Conservation Board for projects that result in enhanced stream flows.
79734.
For restoration and ecosystem protection projects under this chapter, the services of the California Conservation Corps or a local conservation corps certified by the California Conservation Corps shall be used whenever feasible.
79735.
(a) Of the funds authorized by Section 79730, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, for projects to protect and enhance an urban creek, as defined in subdivision (e) of Section 7048, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) of, and Division 23 (commencing with Section 33000) of, the Public Resources Code and Section 79508.
79736.
Of the funds authorized by Section 79730, four hundred seventy-five million dollars ($475,000,000) shall be available to the Natural Resources Agency to support projects that fulfill the obligations of the State of California in complying with the terms of any of the following:
79737.
(a) Of the funds authorized by Section 79730, two hundred eighty-five million dollars ($285,000,000) shall be available to the Department of Fish and Wildlife for watershed restoration projects statewide in accordance with this chapter.
79738.
(a) Of the funds authorized by Section 79730, eighty-seven million five hundred thousand dollars ($87,500,000) shall be available to the Department of Fish and Wildlife for water quality, ecosystem restoration, and fish protection facilities that benefit the Delta, including, but not limited to, the following:
CHAPTER 7. Regional Water Security, Climate, and Drought Preparedness
79740.
The sum of eight hundred ten million dollars ($810,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan consistent with Part 2.2 (commencing with Section 10530) of Division 6 and respond to climate change and contribute to regional water security as provided in this chapter.
79741.
In order to improve regional water self-reliance security and adapt to the effects on water supply arising out of climate change, the purposes of this chapter are to:
79742.
(a) In selecting among proposed projects in a watershed, the scope of the adopted integrated regional water management plan may be considered by the administering state agency, with priority going to projects in plans that cover a greater portion of the watershed. If a plan covers substantially all of the watershed, the plan’s project priorities shall be given deference if the project and plan otherwise meet the requirements of this division and the Integrated Regional Water Management Planning Act (Part 2.2 (commencing with Section 10530) of Division 6).
79743.
Subject to the determination of regional priorities in the regional water management group, eligible projects may include, but are not limited to, projects that promote any of the following:
79744.
(a) Of the funds authorized by Section 79740, fivehundred ten million dollars ($510,000,000) shall be allocated to the hydrologic regions as identified in the California Water Plan in accordance with this section. For the South Coast hydrologic region, the department shall establish three funding areas that reflect the watersheds of San Diego County and southern Orange County (designated as the San Diego subregion), the Santa Ana River watershed (designated as the Santa Ana subregion), and the Los Angeles and Ventura County watersheds (designated as the Los Angeles subregion), and shall allocate funds to those areas in accordance with this subdivision. The North and South Lahontan hydrologic regions shall be treated as one area for the purpose of allocating funds. For purposes of this subdivision, the Sacramento River hydrologic region does not include the Delta. For purposes of this subdivision, the Mountain Counties Overlay is not eligible for funds from the Sacramento River hydrologic region or the San Joaquin River hydrologic region. Multiple integrated regional water management plans may be recognized in each of the areas allocated funding.
79745.
The Department of Water Resources shall expend, either directly or for noncompetitive grants, no less than 10 percent of the funds from the regional allocations specified in Section 79744 for the purposes of ensuring involvement of disadvantaged communities, economically distressed areas, or underrepresented communities within regions.
79746.
(a) Of the funds authorized by Section 79740, the sum of one hundred million dollars ($100,000,000) may be used for direct expenditures, and for grants and loans, for the following water conservation and water-use efficiency plans, projects, and programs:
79747.
(a) Of the funds authorized by Section 79740, two hundred million dollars ($200,000,000) shall be available for grants for multibenefit stormwater management projects.
79748.
In order to receive funding authorized by this chapter to address groundwater quality or supply in an aquifer, the applicant shall demonstrate that a public agency has authority to manage the water resources in that aquifer. A groundwater management plan adopted and submitted in accordance with groundwater management planning requirements established under Division 6 (commencing with Section 10000) shall be deemed sufficient to satisfy the requirements of this section.
CHAPTER 8. Statewide Water System Operational Improvement and Drought Preparedness
79750.
(a) Notwithstanding Section 162, the commission may make the determinations, findings, and recommendations required of it by this chapter independent of the views of the director. All final actions by the commission in implementing this chapter shall be taken by a majority of the members of the commission at a public meeting noticed and held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
79751.
Projects for which the public benefits are eligible for funding under this chapter consist of only the following:
79752.
A project shall not be funded pursuant to this chapter unless it provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta.
79753.
(a) Funds allocated pursuant to this chapter may be expended solely for the following public benefits associated with water storage projects:
79754.
In consultation with the Department of Fish and Wildlife, the state board, and the Department of Water Resources, the commission shall develop and adopt, by regulation, methods for quantification and management of public benefits described in Section 79753 by December 15, 2016. The regulations shall include the priorities and relative environmental value of ecosystem benefits as provided by the Department of Fish and Wildlife and the priorities and relative environmental value of water quality benefits as provided by the state board.
79755.
(a) Except as provided in subdivision (c), no funds allocated pursuant to this chapter may be allocated for a project before December 15, 2016, and until the commission approves the project based on the commission’s determination that all of the following have occurred:
79756.
(a) The public benefit cost share of a project funded pursuant to this chapter, other than a project described in subdivision (c) of Section 79751, shall not exceed 50 percent of the total costs of any project funded under this chapter.
79757.
(a) A project is not eligible for funding under this chapter unless, by January 1, 2022, all of the following conditions are met:
79758.
Surface storage projects funded pursuant to this chapter and described in subdivision (a) of Section 79751 may be made a unit of the Central Valley Project as provided in Section 11290 and may be financed, acquired, constructed, operated, and maintained pursuant to Part 3 (commencing with Section 11100) of Division 6.
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.
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.
CHAPTER 9. Water Recycling
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:
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.
79767.
Projects funded pursuant to this chapter shall be selected on a competitive basis, considering all of the following criteria:
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.
CHAPTER 10. Groundwater Sustainability
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:
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.
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.
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.
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.
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).
CHAPTER 11. Flood Management
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.
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:
CHAPTER 12. Fiscal Provisions
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.
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.
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.
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.
79789.
For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the secretary.
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.
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:
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.
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.
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.
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.
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.
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.
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.
SEC. 9.
Section 2 of Chapter 3 of the Seventh Extraordinary Session of the Statutes of 2009, as amended by Section 1 of Chapter 74 of the Statutes of 2012, is repealed.
SEC. 10.
(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code, or any other law, the Secretary of State shall submit Sections 1 to 6, inclusive, and Section 8 of this act to the voters at the November 4, 2014, statewide general election.
SEC. 11.
Notwithstanding Sections 13115 and 13117 of the Elections Code, Sections 1 to 6, inclusive, and Section 8 of this act shall be placed as the first ballot measure on the November 4, 2014, general election ballot and shall be designated as Proposition 1.
SEC. 12.
Sections 1 to 6, inclusive, and Section 8 of this act shall take effect upon approval by the voters of the Water Quality, Supply, and Infrastructure Improvement Act of 2014, as set forth in Section 8 of this act, including changes to the Disaster Preparedness and Flood Prevention Bond Act of 2006, as set forth in Section 1 of this act, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, as set forth in Section 2 of this act, the Water Conservation and Water Quality Bond Law of 1986, as set forth in Section 3 of this act, the Safe, Clean, Reliable Water Supply Act, as set forth in Section 4 of this act, the Costa-Machado Water Act of 2000, as set forth in Section 5 of this act, and the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, as set forth in Section 6 of this act.
SEC. 13.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
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I don’t trust them
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