BILL NUMBER: AB 157 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 19, 2011
An act to amend Sections 79720, 79720.1, 79720.2, 79720.3,
79720.4, 79720.6, 79721, 79722, 79723, 79731, 79740, 79750, 79755,
79756, 79757, 79758, 79759, 79759.5, 79760, 79760.5, 79770, 79780,
79781, 79784, 79810, and 79824 of the Water Code, and to amend
Section 8 of Chapter 126 of the Statutes of 2010, relating to the
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
LEGISLATIVE COUNSEL'S DIGEST
AB 157, as introduced, Jeffries. Safe, Clean, and Reliable
Drinking Water Supply Act of 2012.
Existing law creates the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012, which, if approved by the voters at the November
6, 2012, statewide election, would authorize the issuance of bonds in
the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program.
This bill would reduce by 25% the total amount of bonds authorized
to be issued pursuant to the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012, and would make conforming reductions to
amounts specified to be allocated from these bond funds for certain
purposes.
The bill would require the Secretary of State to include the
changes made by this bill when submitting the bond act to the voters
at the November 6, 2012, statewide general election.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 79720 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720. The sum of four hundred fifty-five million
dollars ($455,000,000) three hundred forty-one million
two hundred fifty thousand dollars ($341,250,000) shall be
available, upon appropriation by the Legislature from the fund, for
the purposes of this chapter.
SEC. 2. Section 79720.1 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720.1. (a) From the funds described in Section 79720, one
hundred ninety million dollars ($190,000,000)
forty-two million five hundred thousand dollars ($142,500,000)
shall be available, upon appropriation by the Legislature from the
fund, for the planning, design, and construction of local and
regional drought relief projects that reduce the impacts of drought
conditions, including, but not limited to, the impacts of reductions
in Delta diversions. Eligible projects include all of the following:
(1) Water conservation and efficiency projects, including
installation of the most water efficient fixtures commercially
available.
(2) Water recycling and related infrastructure.
(3) Groundwater cleanup.
(4) Local and regional conveyance projects that improve water
supplies and public benefits associated with conveyance facilities.
(5) Other local and regional water supply reliability projects.
(6) Local and regional surface water storage projects that provide
emergency water supplies and water supply reliability in drought
conditions.
(b) Projects funded pursuant to this section shall meet both of
the following requirements:
(1) The project will provide a sustainable water supply that does
not contribute to groundwater overdraft or increase surface water
diversions.
(2) The project is capable of being operational within two years
of receiving the grant.
(c) Preference shall be given to applicants that can demonstrate
substantial past and current investments in conservation and local
water projects.
(d) Not more than 10 percent of the funds provided pursuant to
this section shall be available for planning, investigations,
studies, and monitoring.
(e) The department shall require a cost share of not less than 50
percent of total project costs from nonstate sources. The department
may waive or reduce the cost-sharing requirement for projects that
directly benefit disadvantaged communities or economically distressed
areas.
(f) From the funds described in this section, the sum of
one hundred million dollars ($100,000,000)
seventy-five million do llars ($75,000,000) shall be
made available for local and regional water projects, including
surface storage projects, that provide emergency water supplies and
water supply reliability in drought conditions in San Diego County.
SEC. 3. Section 79720.2 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720.2. From the funds described in Section 79720, the sum of
ninety million dollars ($90,000,000)
sixty-seven million five hundred thousand dollars ($67,500,000)
shall be available, upon appropriation by the Legislature from the
fund, for grants to disadvantaged communities and economically
distressed areas experiencing economic impacts from drought for
drought relief projects and programs.
SEC. 4. Section 79720.3 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720.3. From the funds described in Section 79720, the sum of
seventy-five million dollars ($75,000,000)
fifty-six million two hundred fifty thousand dollars ($56,250,000)
shall be available, upon appropriation by the Legislature from
the fund, to the State Water Resources Control Board for grants for
small community wastewater treatment projects, to protect water
quality, that meet all of the following criteria:
(a) The project is for the planning, design, permitting,
construction, or improvement of a wastewater treatment facility,
sewer system, or related infrastructure necessary to meet water
quality standards or prevent contamination of surface water or
groundwater resources.
(b) The project will serve a community with a population of 20,000
or less.
(c) The project meets other standards that may be established by
the State Water Resources Control Board with respect to the design,
construction, financing, and operation of the project.
SEC. 5. Section 79720.4 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720.4. (a) From the funds described in Section 79720,
eighty million dollars ($80,000,000) sixty million
dollars ($60,000,000) shall be available for deposit into the
Safe Drinking Water State Revolving Fund created pursuant to Section
116760.30 of the Health and Safety Code.
(b) From the funds described in this section, up to eight
million dollars ($8,000,000) six million dollars
($6,000,000) shall be made available for grants for projects
within the City of Maywood that design and implement water supply
infrastructure upgrades that provide for safe drinking water.
SEC. 6. Section 79720.6 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79720.6. From the funds described in Section 79720, the sum of
twenty million dollars ($20,000,000) fifteen
million dollars ($15,000,000) shall be available for water
quality and public health projects on the New River.
SEC. 7. Section 79721 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79721. The sum of one billion fifty million dollars
($1,050,000,000) seven hundred eighty-seven million
five hundred thousand dollars ($787,500,000) shall be
available, upon appropriation by the Legislature, from the fund to
the department for competitive grants and expenditures in accordance
with Section 79722.
SEC. 8. Section 79722 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79722. (a) Except as provided in subdivision (f), the department
shall award grants to eligible projects that implement an adopted
integrated regional water management plan.
(b) An urban water supplier that does not prepare, adopt, and
submit its urban water management plan in accordance with the Urban
Water Management Planning Act (Part 2.6 (commencing with Section
10610) of Division 6) is ineligible to receive funds made available
pursuant to Section 79721 until the urban water management plan is
prepared and submitted in accordance with the requirements of that
act.
(c) For the purposes of awarding a grant under this chapter, the
department shall require a local cost share of not less than 50
percent of the total costs of the project. The department may waive
or reduce the cost-sharing requirement for projects that directly
benefit a disadvantaged community or an economically distressed area.
(d) Eligible projects are those included in adopted integrated
regional water management plans consistent with Part 2.2 (commencing
with Section 10530) of Division 6, including, but not limited to,
local and regional surface water storage projects.
(e) The funding provided in Section 79721 shall be allocated to
each hydrologic region as identified in the California Water Plan in
accordance with this subdivision. For the South Coast hydrologic
region, the department shall establish three funding areas that
reflect the watersheds of San Diego County (designated as the San
Diego subregion), the Santa Ana River watershed and southern Orange
County (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. The department may recognize multiple integrated
regional water management plans in each of the areas allocated
funding. Funds made available by this chapter shall be allocated as
follows:
(1) North Coast: $45,000,000 $33,750,000
.
(2) San Francisco Bay: $132,000,000
$99,000,000 .
(3) Central Coast: $58,000,000 $43,500,000
.
(4) Los Angeles subregion: $198,000,000
$148,500,000 .
(5) Santa Ana subregion: $128,000,000
$96,000,000 .
(6) San Diego subregion: $87,000,000
$65,250,000 .
(7) Sacramento River: $76,000,000
$57,000,000 .
(8) San Joaquin River: $64,000,000
$48,000,000 .
(9) Tulare/Kern: $70,000,000 $52,500,000
.
(10) North/South Lahontan: $51,000,000
$38,250,000 .
(11) Colorado River Basin: $47,000,000
$35,250,000 .
(12) Mountain Counties Overlay: $44,000,000
$33,000,000 .
(13) Interregional: $50,000,000
$37,500,000 .
(f) Interregional funds may be expended directly or granted by the
department to address multiregional needs or state priorities,
including, but not limited to, any of the following:
(1) Investing in new water technology development and deployment.
(2) Meeting state water recycling and water conservation goals.
(3) Adapting to climate change impacts.
(4) Reducing contributions to climate change.
(5) Other projects to improve statewide water management systems.
(6) Other projects and activities designed to meet the needs of
disadvantaged communities or economically distressed areas including
technical and grant writing assistance.
(g) Ten million dollars Seven million five
hundred thousand dollars ($7,500,000) of the interregional
funds shall be available for a grant to the University of California,
Sierra Nevada Research Institute of the University of California,
for the development and deployment of measurement infrastructure and
related information technology to identify and analyze water supply
impacts of climate change on the Sierra Nevada snow pack and runoff.
SEC. 9. Section 79723 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79723. (a) The sum of three hundred fifty million
dollars ($350,000,000) two hundred sixty-two million
five hundred thousand dollars ($262,500,000) shall be
available, upon appropriation by the Legislature, from the fund to
the department for grants and expenditures for the planning, design,
and construction of local and regional conveyance projects that
support regional and interregional connectivity and water management.
Projects shall be consistent with an adopted integrated regional
water management plan and shall provide one or more of the following
benefits:
(1) Improvements in regional or interregional water supply and
water supply reliability.
(2) Mitigation of conditions of groundwater overdraft, saline
water intrusion, water quality degradation, or subsidence.
(3) Adaptation to the impacts of hydrologic changes.
(4) Improved water security from drought, natural disasters, or
other events that could interrupt imported water supplies.
(5) Providing safe drinking water for disadvantaged communities
and economically distressed areas.
(b) Not more than 10 percent of the funds provided by this section
shall be available for planning, investigations, studies, and
monitoring.
(c) The department shall require a cost share of not less than 50
percent of total project costs from nonstate sources. The department
may waive or reduce the cost share requirement for projects that
directly benefit disadvantaged communities or economically distressed
areas.
SEC. 10. Section 79731 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79731. The sum of two billion two hundred fifty million
dollars ($2,250,000,000) one billion six hundred
eighty-seven million five hundred thousand dollars ($1,687,500,000)
shall be available, upon appropriation from the fund, for
grants and direct expenditures, as follows:
(a) (1) Seven hundred fifty million dollars
($750,000,000) Five hundred sixty-two million five
hundred thousand dollars ($562,500,000) for
projects, including grants to Delta counties and cities within the
Delta, that provide public benefits and support Delta sustainability
options, including projects and supporting scientific studies and
assessments that do any of the following:
(A) Ensure that urban and agricultural water supplies derived from
the Delta, including water supplies used within the Delta, are not
disrupted because of catastrophic failures of Delta levees resulting
from earthquakes, floods, land sinking, rising ocean levels, or other
forces.
(B) Assist in preserving economically viable and sustainable
agriculture and other economic activities in the Delta.
(C) Improve the quality of drinking water derived from the Delta.
(D) Improve levee and flood control facilities and other vital
infrastructure necessary to protect Delta communities affected by the
implementation of this chapter.
(E) Provide physical improvements or other actions to create
waterflow and water quality conditions within the Delta to provide
adequate habitat for native fish and wildlife.
(F) Facilitate other projects that provide public benefits and
support Delta sustainability options approved by the Legislature,
including costs associated with planning, monitoring, and design of
alternatives, and project modifications and adaptations necessary to
achieve the goals of this chapter.
(G) Mitigate other impacts of water conveyance and ecosystem
restoration.
(H) Provide or improve water quality facilities and other
infrastructure.
(2) Of the funds provided in this subdivision, not less than
fifty million dollars ($50,000,000)
thirty-seven million five hundred thousand dollars ($37,500,000)
shall be available for matching grants for improvements to
wastewater treatment facilities upstream of the Delta to improve
Delta water quality.
(3) Of the funds provided in this subdivision, up to two
hundred fifty million dollars ($250,000,000) one
hundred eighty-seven million five hundred thousand dollars
($187,500,000) may be expended in the Delta to provide
assistance to local governments and the local agricultural economy
due to loss of productive agricultural lands for habitat and
ecosystem restoration within the Delta.
(b) One billion five hundred million dollars
($1,500,000,000) one hundred twenty-five million
dollars ($1,125,000,000) for projects to protect and enhance
the sustainability of the Delta ecosystem, including any of the
following:
(1) Projects for the development and implementation of the Bay
Delta Conservation Plan, consistent with Chapter 10 (commencing with
Section 2800) of Division 3 of the Fish and Game Code. The projects
shall be implemented through a cooperative effort among regulatory
agencies, regulated and potentially regulated entities, and affected
parties, including state and federal water contractors. These funds
may be expended for the preparation of environmental documentation
and environmental compliance.
(2) Other projects to protect and restore native fish and wildlife
dependent on the Delta ecosystem, including the acquisition of water
rights and the removal or reduction of undesirable invasive species.
(3) Projects to reduce greenhouse gas emissions from exposed Delta
soils.
(4) Projects that reduce impacts of mercury contamination of the
Delta and its watersheds, and remediation and elimination of
continuing sources of mercury contamination.
(5) Scientific studies and assessments that support the projects
authorized under this section.
(c) Funds provided by this chapter shall be available for
appropriation to, among other entities, the Sacramento-San Joaquin
Delta Conservancy for implementation consistent with the Delta Plan.
SEC. 11. Section 79740 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79740. (a) Notwithstanding Section 162, the commission may make
the determinations, findings, and recommendations required of it by
this chapter independent of the views of the director. All final
actions by the commission in implementing this chapter shall be taken
by a majority of the members of the commission at a public meeting
noticed and held pursuant to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).
(b) Notwithstanding Section 13340 of the Government Code, the sum
of three billion dollars ($3,000,000,000) two
billion two hundred fifty million dollars ($2,250,000,000) is
hereby continuously appropriated from the fund, without regard to
fiscal years, to the commission for public benefits associated with
water storage projects that improve the operation of the state water
system, are cost effective, and provide a net improvement in
ecosystem and water quality conditions, in accordance with this
chapter. Funds authorized for, or made available to, the commission
pursuant to this chapter shall be available and expended only for the
purposes provided in this chapter, and shall not be subject to
appropriation or transfer by the Legislature or the Governor for any
other purpose.
(c) Projects shall be selected by the commission through a
competitive public process that ranks potential projects based on the
expected return for public investment as measured by the magnitude
of the public benefits provided, pursuant to criteria established
under this chapter.
(d) Any project constructed with funds provided by this chapter
shall be subject to Section 11590.
SEC. 12. Section 79750 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79750. The sum of one billion seven hundred eighty-five
million dollars ($1,785,000,000) three hundred
thirty-eight million seven hundred fifty thousand dollars
($1,338,750,000) shall be available, upon appropriation by the
Legislature from the fund, in accordance with this chapter, for
expenditures and grants for ecosystem and watershed protection and
restoration projects, including, but not limited to, all of the
following watersheds:
(a) The San Joaquin River watershed.
(b) The Kern River and Tulare Basin watersheds.
(c) The Salton Sea and Colorado River watersheds.
(d) The Los Angeles River watershed.
(e) The San Gabriel River watershed.
(f) The Santa Ana River watershed.
(g) The Klamath River watershed, including the Trinity, Scott, and
Shasta Rivers and watersheds.
(h) The North Coast watersheds.
(i) The San Francisco Bay watersheds.
(j) The Central Coast watersheds.
(k) The South Coast watersheds.
(l) The Lake Tahoe Basin watershed.
(m) The Sacramento River watershed, including the Yolo Bypass.
(n) The San Diego County coastal watersheds.
(o) The Ventura River watershed.
(p) The Sierra Nevada Mountain watersheds.
(q) The Mojave River watershed.
(r) The Owens River watershed.
(s) The Santa Monica Bay watershed.
(t) The watersheds of Marin County.
(u) The watersheds of Orange County.
SEC. 13. Section 79755 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79755. (a) Of the funds provided in Section 79750, not less than
two hundred fifty million dollars ($250,000,000)
one hundred eighty-seven million five hundred thousand dollars
($187,500,000) shall be available to the State Coastal
Conservancy for projects within coastal counties and coastal
watersheds. Of this amount, not less than forty million
dollars ($40,000,000) thirty million dollars
($30,000,000) shall be available for grants in San Diego
County, including not less than twenty million dollars
($20,000,000) fifteen million dollars ($15,000,000)
in grants to the San Diego River Conservancy, not less than
forty million dollars ($40,000,000) thirty
million dollars ($30,000,000) shall be available for the Santa
Ana River Parkway, and not less than twenty million dollars
($20,000,000) fifteen million dollars ($15,000,000)
shall be available for grants for protection and restoration of
the Bolsa Chica wetlands and adjacent uplands and for associated
visitor and interpretive natural history or archeological facilities.
(b) Of the funds provided in Section 79750, not less than
one hundred million dollars ($100,000,000)
seventy-five million dollars ($75,000,000) shall be available
to the Wildlife Conservation Board for direct expenditures or grants
for the acquisition of water rights from willing sellers and the
conveyance of water for the benefit of migratory birds on wildlife
refuges and wildlife habitat areas subject to Section 3406(d) of the
federal Central Valley Project Improvement Act (Public Law 102-575),
if the acquisition of water rights by the Wildlife Conservation Board
is consistent with that federal act. All costs associated with the
acquisition of water rights by the Wildlife Conservation Board for
the purposes set forth under this section shall be paid out of the
funds designated for the Wildlife Conservation Board.
(c) Of the funds provided in Section 79750, not less than
two hundred fifteen million dollars ($215,000,000)
one hundred sixty-one million two hundred fifty thousand dollars
($161,250,000) shall be available to the Wildlife Conservation
Board for direct expenditures or grants for the protection or
restoration of watershed lands or rivers and streams that support
species listed as threatened or endangered under state or federal
law, consistent with the requirements of programs identified in
Division 2 (commencing with Section 700) of the Fish and Game Code,
and requirements to implement or develop a natural community
conservation plan pursuant to Chapter 10 (commencing with Section
2800) of Division 3 of the Fish and Game Code. Of the funds provided
in this section, the sum of twenty-five million dollars
($25,000,000) eighteen million seven hundred fifty
thousand dollars ($18,750,000) shall be available to the San
Joaquin River Conservancy for river parkway projects. Of the funds
provided in this subdivision, not less than twenty million
dollars ($20,000,000) fifteen million dollars
($15,000,000) shall be available for watershed protection
projects that reduce the fragmentation of habitats by promoting the
linkage of existing public lands in Ventura County. In order to
ensure programmatic consistency with ongoing state conservancy
programs, any project financed pursuant to this paragraph within the
jurisdiction of any conservancy, shall be upon application of, and by
grant to, that respective conservancy. The conservancy may apply on
behalf of a local agency, and in that case, the board may make the
grant award directly to that local agency.
(d) Of the funds provided in Section 79750, seventy-five
million dollars ($75,000,000) fifty-six million two
hundred fifty thousand dollars ($56,250,000) shall be available
to the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy for the purposes described in subdivision (d) of Section
79752.
(e) Of the funds provided in Section 79750, seventy-five
million dollars ($75,000,000) fifty-six million two
hundred fifty thousand dollars ($56,250,000) shall be available
to the Santa Monica Mountains Conservancy for implementation of
watershed protection activities throughout the watershed of the upper
Los Angeles River.
(f) Of the funds provided in Section 79750, twenty
million dollars ($20,000,000) fifteen million dollars
($15,000,000) shall be available to the Baldwin Hills
Conservancy.
(g) Of the funds provided in Section 79750, twenty-five
million dollars ($25,000,000) eighteen million seven
hundred fifty thousand dollars ($18,750,000) shall
be available for Santa Monica Bay watershed projects pursuant to
Division 23 (commencing with Section 33000) of the Public Resources
Code.
(h) Of the funds provided in Section 79750, fifty million
dollars ($50,000,000) thirty-seven million five
hundred thousand dollars ($37,500,000) shall be available to
the State Coastal Conservancy for coastal salmonid restoration
projects.
(i) Of the funds provided in Section 79750, one hundred
million dollars ($100,000,000) seventy-five million
dollars ($75,000,000) shall be available to the Lake Tahoe
Conservancy for the Lake Tahoe Environmental Improvement Program as
described in subdivision (c) of Section 79752.
(j) Of the funds provided in Section 79750, twenty
million dollars ($20,000,000) fif teen
million dollars ($15,000,000) shall be available to the
Department of Conservation for the California Farmland Conservancy
Program Act (Division 10.2 (commencing with Section 10200) of the
Public Resources Code). Up to five million dollars
($5,000,000) three million seven hundred fifty
thousand dollars ($3,750,000) may be used for the Department of
Conservation Watershed Coordinator Grant Program.
(k) Of the funds provided in Section 79750, fifty million
dollars ($50,000,000) thirty-seven million five
hundred thousand dollars ($37,500,000) shall be available to
the secretary for projects in accordance with the California River
Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750) of
Division 5 of the Public Resources Code). Up to twenty
million dollars ($20,000,000) fifteen million dollars
($15,000,000) may be transferred to the
department for the Urban Streams
Restoration Program pursuant to Section 7048 of the Water Code.
(l) Of the funds provided in Section 79750, not less than
seventy-five million dollars ($75,000,000) fifty-six
million two hundred fifty thousand dollars ($56,250,000) shall
be available to the Sierra Nevada Conservancy for grants, loans,
direct expenditures, and other purposes and projects consistent with
the mission and laws governing the conservancy, including, but not
limited to, physical projects, projects for the provision of public
access, educational and interpretive activities, projects to improve
community sustainability and institutional infrastructure, planning,
including collaborative public processes, monitoring, and research
activities.
(m) Of the funds provided in Section 79750, one hundred
million dollars ($100,000,000) seventy-five million
dollars ($75,000,000) shall be available for Salton Sea
restoration pursuant to subdivision (b) of Section 79752.
(n) Of the funds provided in Section 79750, ten million
dollars ($10,000,000) seven million five hundred
thousand dollars ($7,500,000) shall be available to the Natural
Resources Agency for planning for natural resources and watershed
protections to address climate change impacts and adaptation.
(o) Of the funds provided in Section 79750, thirty
million dollars ($30,000,000) twenty-two million five
hundred thousand dollars ($22,500,000) shall be available to
the Department of Parks and Recreation for grants for watershed
education facilities. Of this amount, twenty million dollars
($20,000,000) fifteen million dollars ($15,000,000)
shall be available for capital improvements to watershed
education centers that serve an urban area with a population of over
one million.
(p) Of the funds provided in Section 79750, ten million
dollars ($10,000,000) seven million five hundred
thousand dollars ($7,500,000) shall be deposited in the
California Waterfowl Habitat Preservation Account for the purposes of
implementing the California Waterfowl Habitat Program described in
Article 7 (commencing with Section 3460) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code, the California Landowner
Incentive Program, and the Permanent Wetland Easement Program.
SEC. 14. Section 79756 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79756. (a) One hundred million dollars ($100,000,000)
Seventy-five million dollars ($75,000,000) of
the funds provided pursuant to Section 79750 shall be allocated to
the Department of Forestry and Fire Protection for direct
expenditures or grants for fuel treatment and forest restoration
projects to protect watersheds tributary to dams or reservoirs from
the adverse impacts of fire and erosion, to promote forest health in
those watersheds, to protect life and property, to provide for
climate change adaptation, and reduce total wildfire costs and
losses. Funds shall be available in accordance with the following
requirements:
(1) Sixty-seven million dollars ($67,000,000)
Fifty million two hundred fifty thousand dollars ($50,250,000)
shall be available to the Department of Forestry and Fire
Protection to provide technical assistance for project development
and implementation and to fund grants to public agencies and
nonprofit organizations for the purpose of fuel treatment projects
that will reduce wildfire risks, protect watersheds tributary to
water storage facilities, and promote watershed health.
(2) Twenty-five million dollars ($25,000,000)
Eighteen million seven hundred fifty thousand dollars
($18,750,000) shall be available to the Department of Forestry
and Fire Protection to provide technical assistance for project
development and implementation, and for grants and loans for fuel
treatment and reforestation projects to eligible landowners as
defined in subdivision (b) of Section 4793 of the Public Resources
Code and consistent with the provisions of the California Forest
Improvement Act of 1978.
(3) The sum of eight million dollars ($8,000,000)
six million dollars ($6,000,000) shall be
available to do all of the following:
(A) Reimburse incremental costs to the Department of Forestry and
Fire Protection resulting from implementation of fuel reduction
projects consistent with the provisions of the Vegetation Management
Program established under Article 2 (commencing with Section 4475) of
Chapter 7 of Part 2 of Division 4 of the Public Resources Code.
These projects shall include three or more pilot projects to utilize
the fuels removed for energy production or other wood product uses.
(B) Reimburse costs of conservation camp crews used to conduct
fuel reduction activities, and costs to the Department of Forestry
and Fire Protection for conducting prefire management projects
consistent with the 1996 California Fire Plan or its successor plan.
(b) Funding criteria and projects shall demonstrate the linkage
between the project and the protection of watershed health,
protection of watershed storage capacity, maintenance or enhancement
of forest health, protection of life and property, and greenhouse gas
reduction.
SEC. 15. Section 79757 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79757. Of the funds provided in Section 79750, not more than
two hundred fifty million dollars ($250,000,000)
one hundred eighty-seven million five hundred thousand dollars
($187,500,000) shall be available for dam removal and related
measures in the Klamath River watershed if the secretary finds that
all of the following conditions have been met:
(a) The State of California, the State of Oregon, the United
States, and PacifiCorp have executed a dam removal agreement.
(b) The State of California, the State of Oregon, and the United
States have made the determinations required under the agreement to
effect dam removal.
(c) Ratepayer funds required by the agreement have been authorized
and will be timely provided.
(d) All other conditions required in the agreement have been met.
SEC. 16. Section 79758 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79758. Of the funds provided in Section 79750, not less than
twenty million dollars ($20,000,000) fifteen
million dollars ($15,000,000) shall be allocated to Siskiyou
County for the purpose of economic development as defined in Section
13997.2 of the Government Code.
SEC. 17. Section 79759 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79759. Of the funds provided in Section 79750, the sum of
fifty million dollars ($50,000,000)
thirty-seven million five hundred thousand dollars ($37,500,000)
shall be available, upon appropriation by the Legislature from
the fund, to the California State University for the purposes of
funding agricultural water supply, water use, efficiency, water
quality, and related research and education efforts in accordance
with the California State University Water Resources and Policy
Initiatives.
SEC. 18. Section 79759.5 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79759.5. Of the funds provided in Section 79750, the sum of
fifty million dollars ($50,000,000)
thirty-seven million five hundred thousand dollars ($37,500,000)
shall be available to the State Coastal Conservancy for
projects that meet the requirements of the California Ocean
Protection Act (Division 26.5 (commencing with Section 35500) of the
Public Resources Code).
SEC. 19. Section 79760 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79760. Of the funds provided in Section 79750, sixty
million dollars ($60,000,000) forty-five million
dollars ($45,000,000) shall be available to the Natural
Resources Agency for projects authorized under Section 3406 (b) (10)
of the Central Valley Project Improvement Act that improve salmonid
fish passage in the Sacramento River watershed.
SEC. 20. Section 79760.5 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79760.5. Of the funds provided in Section 79750, fifty
million dollars ($50,000,000) thirty-seven million
five hundred thousand dollars ($37,500,000) shall be available,
upon appropriation by the Legislature from the fund, to the Wildlife
Conservation Board to capitalize an advanced public infrastructure
revolving fund mitigation program, to be established by statute,
designed to improve the environmental effectiveness and efficiency of
infrastructure mitigation. These funds shall not be used to
subsidize or decrease the mitigation obligations of any party.
SEC. 21. Section 79770 of the Water Code, as amended by Section 1
of Chapter 226 of the Statutes of 2010, is amended to read:
79770. (a) The sum of one billion dollars
($1,000,000,000) seven hundred fifty million dollars
($750,000,000) shall be available, upon appropriation by the
Legislature from the fund, for expenditures, grants, and loans for
projects to prevent or reduce the contamination of groundwater that
serves as a source of drinking water. Projects shall be consistent
with an adopted integrated regional water management plan. Funds
appropriated pursuant to this section shall be available to the State
Department of Public Health for projects necessary to protect public
health by preventing or reducing the contamination of groundwater
that serves 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 the need for
treatment of alternative supplies if groundwater is not available due
to contamination.
(2) The potential for groundwater contamination to spread and
reduce 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 increase opportunities for
groundwater recharge and optimization of groundwater supplies.
(c) The State Department of Public Health shall give additional
consideration to projects that meet any of the following criteria:
(1) The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation plan or is
necessary to develop a comprehensive groundwater plan.
(2) Affected groundwater provides a local supply that, if
contaminated and not remediated, will require import of additional
water from outside the region.
(3) The project will serve an economically disadvantaged community
or an economically distressed area.
(4) The project addresses contamination at a site where the
responsible parties have not been identified or where the responsible
parties are unwilling or unable to pay for cleanup.
(d) Of the amount made available by this section, not less than
one hundred million dollars ($100,000,000)
seventy-five million dollars ($75,000,000) shall be available
for costs associated with projects, programs, or activities that meet
the requirements of this section and both of the following criteria:
(1) The costs are part of a basinwide management and remediation
plan for which federal funds have been allocated.
(2) The costs address contamination at a site on the list
maintained by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code or a site listed on the
National Priorities List pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.).
(e) Of the amount made available by this section, one
hundred million dollars ($100,000,000) seventy-five
million dollars ($75,000,000) shall be available to the State
Department of Public Health for grants and direct expenditures to
finance emergency and urgent actions in accordance with this section
on behalf of disadvantaged communities and economically distressed
areas to ensure that safe drinking water supplies are available to
all Californians.
(f) The Legislature, by statute, shall establish both of the
following:
(1) Requirements for repayment of grant funds in the event of cost
recovery from parties responsible for the groundwater contamination.
(2) Requirements for recipients of grants to make reasonable
efforts to recover costs from parties responsible for groundwater
contamination.
SEC. 22. Section 79780 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79780. The sum of one billion dollars ($1,000,000,000)
seven hundred fifty million dollars ($750,000,000)
shall be available, upon appropriation by the Legislature from
the fund, for grants and loans for water recycling and advanced
treatment technology projects, including all of the following: `
(a) Water recycling projects.
(b) Contaminant and salt removal projects, including groundwater
and seawater desalination.
(c) Dedicated distribution infrastructure for recycled water,
including commercial and industrial end-user retrofit projects to
allow use of recycled water.
(d) Pilot projects for new salt and contaminant removal
technology.
(e) Groundwater recharge infrastructure related to recycled water.
(f) Technical assistance and grant writing assistance for
disadvantaged communities.
SEC. 23. Section 79781 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79781. Of the funds made available in Section 79780, not less
than fifty million dollars ($50,000,000)
thirty- seven million five hundred thousand dollars
($37,500,000) shall be available for projects that are designed
to help restore lost water supply reliability in areas with
widespread groundwater contamination in locations that contain sites
that are listed by the Department of Toxic Substances Control
pursuant to Section 25356 of the Health and Safety Code or a site
listed on the National Priorities List pursuant to the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. Section 9601 et seq.) and for which federal funds
have been allocated pursuant to Public Law 106-554.
SEC. 24. Section 79784 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79784. (a) (1) The sum of two hundred fifty million
dollars ($250,000,000) one hundred eighty-seven
million five hundred thousand dollars ($187,500,000) shall be
available, upon appropriation by the Legislature from the fund, for
direct expenditures, grants, and loans for water conservation and
water use efficiency plans, projects, and programs, including any of
the following:
(A) Urban water conservation plans, projects, and programs,
including regional projects and programs, implemented to achieve
urban water use targets pursuant to Chapter 3 (commencing with
Section 10608.16) of Part 2.55 of Division 6. Priority for funding
shall be given to programs that do the following:
(i) Assist water suppliers and regions to implement conservation
programs and measures that are not locally cost-effective.
(ii) Support water supplier and regional efforts to implement
programs targeted to enhance water use efficiency for commercial,
industrial, and institutional water users.
(iii) Assist water suppliers and regions with programs and
measures targeted toward realizing the conservation benefits of
implementation of the provisions of the state landscape model
ordinance.
(B) Agricultural water use efficiency projects and programs
pursuant to Part 2.8 (commencing with Section 10800) of Division 6.
(C) Agricultural water management plans developed pursuant to Part
2.8 (commencing with Section 10800) of Division 6.
(2) The department shall award grants or loans under this chapter
in a competitive process that considers, as primary factors, the
local and statewide conservation and water use efficiency benefits of
the measures proposed for grants.
(b) Section 1011 applies to all conservation measures that an
agricultural water supplier or an urban water supplier implements
with funding under this chapter. This subdivision does not limit the
application of Section 1011 to any other measures or projects
implemented by a water supplier.
SEC. 25. Section 79810 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79810. (a) Bonds in the total amount of eleven billion
one hundred forty million dollars ($11,140,000,000)
eight billion three hundred fifty-five million dollars
($8,355,000,000) , not including the amount of any refunding
bonds issued in accordance with Section 79822, or so much thereof as
is necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this division and to
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 valid and binding obligations 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 the 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.
SEC. 26. Section 79824 of the Water Code, as added by Section 1 of
Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, is amended to read:
79824. Of the eleven billion one hundred forty million
dollars ($11,140,000,000) eight billion three hundred
fifty-five million dollars ($8,355,000,000) in bonds authorized
in this division, no more than five billion five hundred
seventy million dollars ($5,570,000,000) four billion
one hundred seventy-seven million five hundred thousand dollars
($4,177,500,000) shall be sold by the Treasurer before July 1,
2015.
SEC. 27. Section 8 of Chapter 126 of the Statutes of 2010 is
amended to read:
SEC. 8. Section 3 of Chapter 3 of the Seventh Extraordinary
Session of the Statutes of 2009 is amended to read:
Sec. 3. (a) Section 1 of this act shall take effect only upon the
approval by the voters of the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012, as set forth in that section at the
November 6, 2012, statewide general election.
(b) (1) Notwithstanding Section 9051 of the Elections Code or any
other provision of law, the Attorney General shall provide and return
to the Secretary of State a ballot title and summary in 10-point
type for all state ballot pamphlets of the November 6, 2012,
statewide general election that contains the following title and
summary for Senate Bill 2, adopted by the Legislature at the 2009-10
Seventh Extraordinary Session:
"SAFE, CLEAN, AND RELIABLE DRINKING WATER SUPPLY ACT OF 2012" and
in the same square under those words:
"To protect water quality and ensure safe, clean drinking water;
meet the water supply needs of California residents, farms,
businesses, expand water conservation and recycling; restore fish and
wildlife habitat; reduce polluted runoff that contaminates rivers,
streams, beaches, and bays; and protect the safety of water supplies
threatened by earthquakes and other natural disasters; the State of
California shall issue bonds totaling eleven billion one
hundred forty million dollars ($11,140,000,000) eight
billion three hundred fifty-five million dollars ($8,355,000,000)
paid from existing state funds subject to independent, annual
audits, and citizen oversight."
(2) The language in paragraph (1) shall be the only language
included in the title and summary for Senate Bill 2, adopted by the
Legislature at the 2009-10 Seventh Extraordinary Session, and the
Attorney General shall not supplement, subtract from, or revise that
language.
(3) Notwithstanding any other provision of law, including Sections
9050, 9051, 13247, and 13262 of the Elections Code, the language in
paragraph (1) for the title and summary shall also be the language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General may
include the fiscal impact summary prepared pursuant to Section 9087
of the Elections Code and Section 88003 of the Government Code. The
ballot label is the condensed statement of the ballot title and the
financial impact summary.
(c) Opposite the square, there shall be left spaces in which the
voters may place a cross in the manner required by law to indicate
whether they vote for or against the act.
(d) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choices by means thereof are in compliance
with this section.
SEC. 28. The Secretary of State shall submit Sections 79720,
79720.1, 79720.2, 79720.3, 79720.4, 79720.6, 79721, 79722, 79723,
79731, 79740, 79750, 79755, 79756, 79757, 79758, 79759, 79759.5,
79760, 79760.5, 79770, 79780, 79781, 79784, 79810, and 79824 of the
Water Code, as amended by Sections 1 to 26, inclusive, of this act,
in place of those sections, as added by Section 1 of Chapter 3 of the
Seventh Extraordinary Session of the Statutes of 2009 or as amended
by Section 1 of Chapter 226 of the Statutes of 2010, in order that
they are voted upon as part of the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012, at the November 6, 2012, statewide general
election.