SB 42, as amended, Wolk. Safe Drinking Water, Water Quality, and Flood Protection Act of 2014.
(1) Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, 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. Existing law provides for the submission of the bond act to the voters at the November 4, 2014, statewide general election.
This bill would repeal these provisions.
(2) Under existing law, various measures have been approved by the voters to provide funds for water supply and protection facilities and programs.
This bill would enact the Safe Drinking Water, Water Quality, and Flood Protection Act of 2014,
which, if adopted by the voters, would authorize the issuance of bonds in the amount of
begin delete $5,600,000,000end delete pursuant to the State General Obligation Bond Law to finance a safe drinking water, water quality, and flood protection program.
The bill would provide for the submission of the bond act to the voters at the November 4, 2014, statewide general election.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Division 26.7 (commencing with Section 79700)
2of the Water Code is repealed.
Division 26.7 (commencing with Section 79700) is
5added to the Water Code, to read:
This division shall be known and may be cited as the
13Safe Drinking Water, Water Quality, and Flood Protection Act of
Unless the context otherwise requires, the definitions
19set forth in this section govern the construction of this division, as
21(a) “Commission” means the California Water Commission.
22(b) “Committee” means the Safe Drinking Water, Water Quality,
23and Flood Protection Finance Committee created by Section 79824.
24(c) “Delta” means the Sacramento-San Joaquin Delta as defined
25in Section 12220.
P3 1(d) “Department” means the Department of Water Resources.
2(e) “Director” means the Director of Water Resources.
3(f) “Disadvantaged community” has the same meaning as set
4forth in subdivision (a) of Section 79505.5.
5(g) “Fund” means the Safe Drinking Water, Water Quality, and
6Flood Protection Fund of 2014 created by Section 79770.
7(h) “Integrated regional water management plan” means a
8comprehensive plan for a defined geographic area that meets the
9requirements of Part 2.2 (commencing with Section 10530) of
10Division 6, as that part may be amended.
11(i) “Nonprofit organization” means an organization qualified
12to do business in California and qualified under Section 501(c)(3)
13of Title 26 of the United States Code.
14(j) “Public agency” means a state agency or department, public
15water system, special district, joint powers authority, city, county,
16city and county, or other political subdivision of the state.
17(k) “Secretary” means the Secretary of the Natural Resources
board” means the State Water Resources Control
26 “State General Obligation Bond Law” means the State
27General Obligation Bond Law (Chapter 4 (commencing with
28Section 16720) of Part 3 of Division 4 of Title 2 of the Government
(a) It is the intent of the Legislature that this chapter
34provide funds to address the most critical water needs of the state,
35including the provision of safe drinking water to all Californians
36and the improvement of safe drinking water supply reliability.
37(b) The sum of
begin delete one billion five hundred million dollars shall be
39available for the purposes of this chapter.
From the funds described in Section 79720, five
2hundred million dollars ($500,000,000) shall be available to the
3state board for projects to address immediate safe drinking water
4needs as follows:
5(a) The sum of one hundred million dollars ($100,000,000) shall
6be available for grants and direct expenditures to finance
begin delete public
7health emergencies and urgentend delete
8 actions to ensure that safe drinking water supplies are available to
9all Californians. Eligible
begin delete projectsend delete include, but are not
10limited to, the following:
11(1) Providing interim water supplies, including, but not limited
12to, bottled water, where necessary to protect public health.
13(2) Improvements in existing water systems
begin delete necessary to .
14identify, plan, design, and construct projects that will provide safe,
15reliable, accessible, and affordable drinking water, provide other
16sources of safe drinking water, including, but not limited to,
17replacement wells, and prevent contaminationend delete
20(3) Establishing connections to an adjacent water system.
21(4) Design, purchase, installation, and
begin delete initial operating costs forend delete
22 water treatment equipment
24(b) The sum of four hundred million dollars ($400,000,000)
25shall be available for grants for public water system
26infrastructure improvements and related actions to meet safe
27drinking water standards and ensure affordable drinking water.
28Priority shall be given to projects that
begin delete serve small disadvantaged chemical and nitrate contaminants and other health
29communities and to projects that addressend delete
34hazards identified by the state board. Eligible recipients
begin delete serveend delete
36communities and are public agencies or incorporated mutual water
37companies. The state board may make grants
40for the purpose of financing feasibility studies and to meet the
P5 1eligibility requirements for a construction grant.
begin delete Priorityend delete
4 will be given to projects that provide shared solutions for multiple
5communities, at least one of which is a disadvantaged community
7 that lacks safe, affordable drinking water. Construction grants shall
8be limited to five million dollars ($5,000,000) per project, except
9that the state board may set a limit of not more than
begin delete 20end delete
10 million dollars ($20,000,000) for projects that provide regional or
11shared solutions among multiple entities, at least one of which is
12a small disadvantaged community. Not more than 25 percent of a
13grant may be awarded in advance of actual expenditures.
14(c) The state board may expend up to twenty-five million dollars
15($25,000,000) of the funds allocated in subdivision (b) for technical
16assistance to eligible communities.
17(d) At least 10 percent of the funds available pursuant to this
18section shall be allocated for projects serving severely
(a) From the funds described in Section 79720, one
begin delete dollars ($1,000,000,000)end delete shall be available to the department for begin delete allocation for projects that
28to regions pursuant to Section 79726end delete
29 implement an adopted integrated regional
30water management plan consistent with Part 2.2 (commencing
31with Section 10530) of Division 6, as that part may be amended,
32and improve the quality or supply of safe drinking water, reduce
33the amount of water imported to the region, or address any of the
34following other critical water supply reliability issues:
35(1) Groundwater clean up or pollution prevention in sources of
37(2) Advanced water treatment technology projects to remove
38contaminants from drinking water, water recycling, and related
39projects, such as distribution or groundwater recharge
P6 1(3) Urban and agricultural water conservation and water use
3(4) Other integrated water infrastructure projects that address
4one or more water management activities and improve the
5reliability or quality of regional water supplies.
7(b) Projects funded pursuant to this section shall require a local
8match of not less than 50 percent of project costs, except the
9department may suspend or reduce cost share requirements for
10projects serving disadvantaged communities or that result in a
11direct reduction in water imported from the Delta.
12(c) To be eligible for funding under this section, a region shall
13comply with the following requirements:
14(1) Have an adopted integrated regional water management plan
begin delete approved by the departmentend delete.
16(2) Each urban and agricultural water supplier that would benefit
17from a project shall adopt and submit an urban or agricultural water
18management plan in accordance with the Urban Water Management
19Planning Act or the Agricultural Water Management Planning Act
begin delete That or agricultural water management
begin delete plan shall be by the department as meeting the
24requirements of Sections
2810608.56 and 10631.5.
begin deleteHave a groundwater management plan for each major
30groundwater basin that meets the requirements of end delete
34Part 2.75 (commencing with Section 10750) of Division 6.
35(4) Have a water budget that describes local and imported water
36supplies and uses in sufficient detail to inform long-term efforts
37towards sustainable water management, and, where applicable,
38include a description of any measures anticipated to reduce the
39amount of water imported to the region in the future.
P7 1(5) Where applicable, an integrated water management plan
2shall be consistent with and implement Section 85021.
3(d) Where applicable,
funding pursuant to this section shall be
4made available to water agencies to assist in directly reducing the
5amount of water imported from the Delta.
begin deleteFunds end deleteavailable pursuant to Section 79724 shall be allocated
begin delete eachend delete hydrologic begin delete regionend delete
identified for purposes of
13integrated regional water management planning
begin delete by the department
14based 75 percent on population and 25 percent on geographical
15size of the region.end delete
From the funds described in Section 79724, one
28hundred million dollars ($100,000,000) shall be available for grants
begin delete by the department for the development and implementation of
30innovative projects to advance sustainable water management.end delete
(a) It is the intent of the Legislature that this chapter
9provide funds to protect water quality in the rivers, lakes, streams,
10and coastal waters of the state, to assist in meeting the Federal
11Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and
12other state and federal requirements for the protection of water
13quality, public health, and endangered species, and to protect or
14restore natural systems that contribute to water supply, water
15quality, or flood management.
16(b) The sum of
begin delete one billion eight hundred million dollars shall be available for the purposes of this chapter.
(a) From the funds described in Section 79730, four
20hundred million dollars ($400,000,000) shall be available to the
21state board for deposit in the Small Communities Grant Subaccount
22for grants for wastewater treatment projects to keep contaminants
23out of rivers, lakes, streams, groundwater, and coastal waters, and
24for other projects to protect the public and fish and wildlife from
25contaminated sources of water. Priority shall be given to projects
26that serve disadvantaged communities and severely disadvantaged
27communities, and to projects that address public health hazards.
28Special consideration shall be given to small communities with
29limited financial resources. Projects shall include, but not be limited
30to, projects that identify, plan, design, and implement regional
31mechanisms to consolidate wastewater systems or provide
32affordable treatment technologies.
33(b) From the funds available pursuant to subdivision (a),
begin delete ten
34million dollars ($10,000,000)end delete
35 shall be allocated to the state board for deposit into the Private
36Well and Septic Systems Investment Fund, which is hereby created
37in the State Treasury. Moneys in the fund shall be available, upon
38appropriation by the Legislature, for the purpose of
begin delete addressing the .
39needs of private well and septic ownersend delete
From the funds described in Section 79730,
begin delete nine shall be available for water quality
4hundred million dollars ($900,000,000)end delete
6and watershed protection projects
begin delete of statewide significanceend delete as
8(a) The sum of six hundred million dollars ($600,000,000) shall
9be available to the Delta Conservancy for water quality, ecosystem
10restoration, and community sustainability projects that benefit the
11Delta, including, but not limited to, the following:
12(1) Projects to improve water quality facilities or projects that
13contribute to improvements in water quality in the Delta.
14(2) Habitat restoration projects
15to improve the condition of special status, at risk, endangered, or
16threatened species in the Delta and the Delta counties, including
17projects to eradicate invasive species, and projects that support the
18beneficial reuse of dredged material for habitat restoration and
20(3) Projects to assist in preserving economically viable and
21sustainable agriculture and other economic activities in the Delta,
22including projects to mitigate the
23economic and community impacts of any conversion of agricultural
24land to habitat funded by this section.
25(4) Multibenefit recycled water projects that improve
26groundwater management and Delta tributary ecosystems.
30(b) The sum of
begin delete three hundred million dollars ($300,000,000)end delete
31 shall be available
begin delete to for water quality, river, and watershed
32the Natural Resources Agency, the Wildlife Conservation Board,
33or to state conservancies,end delete
34protection and restoration projects of statewide importance outside
35of the Delta. Eligible projects include those that reduce pollution
36or contamination of major water bodies of the state, assist in the
37protection or recovery of
begin delete endangered or threatenedend delete species, or protect or restore
39natural system functions that contribute to water supply, water
40quality, or flood management.
From the funds described in Section 79730,
begin delete five million dollars
begin delete ($500,000,000)end delete
3 shall be available for
begin delete regionalend delete
watershed protection and water
4quality projects outside the Delta
begin delete pursuant to Section 79738.
5Eligible projects include those that reduceend delete
7 pollution or contamination of rivers, lakes, streams,
8or coastal waters, including prevention and remediation of mercury
9contamination from legacy
begin delete mines, assistend delete
10 in the
begin delete protection orend delete recovery of endangered begin delete or
11threatened species, or protectend delete
16 or restore natural system functions that contribute
17to water supply, water quality, or flood management.
Funds available pursuant to Section 79736 shall be
15allocated to each hydrologic region identified for purposes of
16integrated regional water management planning by the department
17based on the geographic size and population of the region, giving
18equal weight to each factor. These funds shall be available to state
19conservancies operating within the region or, for areas in which
20no state conservancy operates, to the Wildlife Conservation Board
21for grants or for direct expenditures consistent with the purposes
22of this chapter and consistent with the conservation plans developed
23pursuant to Section 79740.
The Natural Resources Agency shall develop and adopt
25a statewide resource protection plan to identify priorities for
26expending funds provided in subdivision (b) of Section 79734 that
27includes priorities for the State Coastal Conservancy and the
28Wildlife Conservation Board. Conservation plans developed and
29adopted by state conservancies shall be consistent with statewide
30priorities adopted by the Natural Resources Agency and shall
31govern the expenditure of funds available pursuant to Section
(a) It is the intent of the Legislature that this chapter
37provide funds for disaster preparedness, flood control, and
38stormwater management in a manner that leverages the maximum
39amount of federal and local matching funds and that prioritizes
P12 1project selection and encourages multibenefit project design to
2achieve the maximum public benefits.
3(b) The sum of one billion
begin delete three hundred million dollars
shall be available for the purposes of this chapter.
From the funds described in Section 79750, five
7hundred million ($500,000,000) shall be available to the department
8to implement the Central Valley Flood Protection Plan, including
10(a) The evaluation, repair, rehabilitation, or replacement of
11levees, weirs, bypasses, or other facilities. Projects of the
15Central Valley Flood Protection Plan shall be designed for multiple
begin delete feasible, in order to maximize water supply, . The department shall
17water quality, and ecosystem benefits. Investments necessary to
18achieve multiple benefits shall be eligible expendituresend delete
21develop and implement mitigation through regional advance
22mitigation plans, wherever feasible, to lower the cost, decrease
23delay, and improve the conservation benefits of mitigation.
24(b) Increasing the level of flood protection of urban and
25urbanizing areas including state participation in federal and state
26authorized flood control projects, feasibility studies, design of
27federal flood damage reduction, and related projects, and reservoir
28reoperation and groundwater flood storage projects that improve
From the funds described in Section 79750,
begin delete four shall be available to the state board
40hundred million dollars ($400,000,000)end delete
2for competitive grants and loans for stormwater management
3projects pursuant to this section.
4(a) Eligible projects shall assist in compliance with total
5maximum daily load implementation plans and be consistent with
6all applicable waste discharge requirements.
7(b) Eligible projects are facilities and infrastructure to reduce,
8manage, treat, and capture for water supply stormwater, and urban
9runoff, including, but not limited to:
10(1) Detention and retention basins.end delete
11(2) Dry weather diversion facilities, trash filters, and screens.end delete
12(3) Treatment wetlands creation and enhancement.end delete
13(4) Stormwater runoff reduction projects, including permeable
14surface installation, cisterns, and collection and treatment facilities
15for groundwater recharge.
16(5) Other stormwater management infrastructure for low-impact
38(c) The state board shall require not less than a 50-percent local
39cost share for grant funds, but may suspend or reduce the matching
40requirements for disadvantaged communities.
P14 1(d) The state board shall award grants on a competitive basis
2considering the following criteria:
3(1) Water quality benefits of the project, such as the project’s
4ability to reduce impairment of the receiving water body.
5(2) Cost-effectiveness.end delete
6(3) Public health benefits of the project.end delete
7(4) Flood management benefits.end delete
8(5) Water supply benefits.end delete
9(6) Demonstrated contribution to reducing reliance on imported
12 Eligible recipients shall be local public agencies.
15 Eligible projects must be outside of the area of the Central
16Valley Flood Protection Plan.
begin deleteNotwithstanding Section 79754, fifty million dollars shall be available to the
19($50,000,000) end delete
21Department of Conservation
begin delete from the funds described in Section for competitive grants for
begin delete resource conservation districts
qualified nonprofit organizations
23and otherend delete
24for projects that reduce or manage runoff from
begin delete irrigatedend delete agricultural
25lands for the benefit of surface and groundwater quality.
From the funds described in Section 79750, four
27hundred million dollars ($400,000,000) shall be available to reduce
28the risk of levee failure and flood in the Delta for any of the
30(a) Local assistance under the Delta levee maintenance
31subventions program under Part 9 (commencing with Section
3212980) of Division 6, as that part may be amended.
33(b) Special flood protection projects under Chapter 2
34(commencing with Section 12310) of Part 4.8 of Division 6, as
35that chapter may be amended.
36(c) Levee improvement projects that increase the resiliency of
37levees within the Delta to withstand earthquake, flooding, or sea
39(d) Emergency response and repair projects.
The sum of one billion dollars ($1,000,000,000) shall
4be available to the commission for water system operational
5improvements that meet the requirements of this section, including
6all of the following:
7(a) Projects shall be selected by the commission through a
8competitive public process that ranks projects based on the
9expected public benefits received for public investment.
10(b) Eligible projects consist only of the following:
11(1) Surface storage projects identified in the CALFED Bay-Delta
12Programmatic Record of Decision, dated August 28, 2000, except
13that projects at Lake Shasta shall not be eligible.
14(2) Groundwater storage projects and groundwater
15contamination prevention or remediation projects that augment
16groundwater supplies, and improve the long-term sustainability
17of groundwater resources, including reducing overdraft.
18(3) Conjunctive use and reservoir reoperation projects including
20(4) Projects that restore the capacity of reservoirs currently
21impaired by sediment buildup or other impairment.
22(5) Projects that result in a permanent reduction of water
23exported from the Delta and a transfer of the equivalent water right
24to instream flow pursuant to Section 1707. Priority shall be given
25to projects that also result in the permanent elimination of irrigation
26runoff contributing to salinity in the San Joaquin Valley.
27(6) Recycled water storage facilities.
28(c) A project shall not be funded unless it provides measurable
29improvements to the Delta ecosystem.
30(d) Funds allocated pursuant to this section may be expended
31solely for the following public benefits:
32(1) Ecosystem improvements, including, but not limited to,
33changing timing of diversions, improvement in flow conditions,
34temperature, or other benefits that contribute to restoration of
35aquatic ecosystems and native fish and wildlife.
36(2) Water quality improvements in the Delta or in other river
37systems that provide significant public trust resources or that clean
38up and restore groundwater resources.
P16 1(3) Flood control benefits, including, but not limited to, increases
2in flood reservation space in existing reservoirs by exchange for
3existing or increased water storage benefits.
4(e) The commission, in consultation with the Department of
5Fish and Wildlife, the state board, and the department, shall
6develop and adopt, by regulation, methods for quantification and
7management of public benefits. The regulations shall include
8priorities and relative environmental value of ecosystem benefits
9provided by the Department of Fish and Wildlife and the priorities
10and relative environmental value of water quality benefits as
11provided by the state board.
12(f) Funds shall not be expended pursuant to this chapter for the
13costs of environmental mitigation measures or compliance
14obligations except for those associated with providing the public
15benefits as described in subdivision (d).
No funds available pursuant to Section 79760 may be
17allocated to a project until the commission approves the project
18based on the following determinations:
19(a) The commission has adopted the regulations specified in
20Section 79760 and specifically quantified and made public the cost
21of the public benefits associated with the project.
22(b) The department has entered into a contract with each party
23that will derive benefits, other than public benefits, from the project
24that ensures the party will pay its share of the total costs of the
25project. The benefits available to a party shall be consistent with
26that party’s share of total project costs.
27(c) The department has entered into a contract with the
28Department of Fish and Wildlife and the state board, after those
29agencies have made a finding that the public benefits of the project
30for which that agency is responsible meet all the requirements of
31this chapter, to ensure that public contributions of funds pursuant
32to this chapter achieve the public benefits identified for the project.
33(d) The commission has held a public hearing for the purposes
34of providing an opportunity for the public to review and comment
35on the information required to be prepared pursuant to this section.
36(e) All of the following conditions are met:
37(1) Feasibility studies have been completed.
38(2) The commission has found and determined that the project
39is feasible, is consistent with all applicable laws and regulations,
40and will advance the long-term objectives of restoring ecological
P17 1health and improving water management, including the beneficial
2uses of the Delta.
3(3) All environmental documentation has been completed and
4all other federal, state, and local approvals, certifications, and
5agreements required to be completed have been obtained.
6(f) The commission shall submit to the fiscal committees and
7the appropriate policy committees of the Legislature its findings
8for each criteria identified in this section for any project funded
9pursuant to this chapter.
(a) The public benefit cost share of a project funded
11pursuant to this chapter may not exceed 50 percent of the total cost
12of the project.
13(b) No project may be funded unless it provides ecosystem
14improvements that are at least 50 percent of the public benefits of
15the project funded under this chapter.
The proceeds of bonds issued and sold pursuant to this
20division shall be deposited in the Safe Drinking Water, Water
21Quality, and Flood Protection Fund of 2014, which is hereby
22created in the State Treasury. Moneys in the fund shall be available,
23upon appropriation by the Legislature, in the manner and for the
24purposes set forth in this division.
An amount that equals not more than 5 percent of the
26funds allocated for a program pursuant to this division may be
27used to pay the administrative costs of that program.
Up to 10 percent of funds allocated for each program
29funded by this division may be used to finance planning and
30monitoring necessary for the successful design, selection, and
31implementation of the projects authorized under that program.
32This section shall not otherwise restrict funds ordinarily used by
33an agency for “preliminary plans,” “working drawings,” and
34“construction” as defined in the annual Budget Act for a capital
35outlay project or grant project. Water quality monitoring shall be
36integrated into the surface water ambient monitoring program
37administered by the state board.
Chapter 3.5 (commencing with Section 11340) of Part
391 of Division 3 of Title 2 of the Government Code does not apply
40to the development or implementation of programs or projects
P18 1authorized or funded under this division other than Chapter 6
2(commencing with Section 79760).
(a) Prior to disbursing grants pursuant to this division,
4each state agency that is required to administer a competitive grant
5program under this division shall develop project solicitation and
6evaluation guidelines. The guidelines may include a limitation on
7the dollar amount of grants to be awarded.
8(b) Prior to disbursing grants, the state agency shall conduct
9three public meetings to consider public comments prior to
10finalizing the guidelines. The state agency shall publish the draft
11solicitation and evaluation guidelines on its Internet Web site at
12least 30 days before the public meetings. One meeting shall be
13conducted at a location in northern California, one meeting shall
14be conducted at a location in the central valley of California, and
15one meeting shall be conducted at a location in southern California.
16Upon adoption, the state agency shall transmit copies of the
17guidelines to the fiscal committees and the appropriate policy
18committees of the Legislature.
19(c) Projects funded with proceeds from this division shall
20promote state planning priorities consistent with the provisions of
21Section 65041.1 of the Government Code and sustainable
22communities strategies consistent with the provisions of
23subparagraph (B) of paragraph (2) of subdivision (b) of Section
2465080 of the Government Code.
25(d) To the extent feasible, in implementing subdivision (a) of
26Section 79734, the Delta Conservancy shall seek to achieve wildlife
27conservation objectives through projects on public lands or
28voluntary projects on private lands. Funds available pursuant to
29subdivision (a) of Section 79734 may be used, in consultation with
30the Department of Fish and Wildlife, for payments to landowners
31for the creation of measurable habitat improvements or other
32improvements to the condition of endangered or threatened species.
33The Delta Conservancy may develop and implement a competitive
34habitat credit exchange mechanism in order to maximize voluntary
35landowner participation in projects that provide measurable habitat
36or species improvements in the Delta. These funds shall not be
37used to subsidize or decrease the mitigation obligations of any
39(e) In implementing subdivision (a) of Section 79734, the Delta
40Conservancy shall coordinate, cooperate, and consult with the city
P19 1or county in which a grant is proposed to be expended or an interest
2in real property is proposed to be acquired and with the Delta
3Protection Commission. Acquisitions pursuant to subdivision (a)
4of Section 79734 shall be from willing sellers only.
5(f) In implementing subdivision (a) of Section 79734, the Delta
6Conservancy shall require grantees to demonstrate how local
7economic impacts, including impacts related to the loss of
8agricultural lands, will be mitigated.
9(g) Funds provided by this division shall not be used to acquire
10land via eminent domain. Funds from this division may be used
11to acquire property from willing sellers.
12(h) Restoration and ecosystem protection projects funded by
begin delete Section 79736end delete shall use the services of the California
14Conservation Corps or community conservation corps
16 whenever feasible.
17(i) In implementing Section 79740, the Natural Resources
18Agency shall prioritize existing obligations for state watershed
19restoration investments, including, but not limited to, dam removal
20and related activities on the Klamath River, San Joaquin River
21restoration and restoration, of migratory bird habitat on the Salton
It is the intent of the people
begin delete that theend delete
16 investment of public funds pursuant to this division
17result in public benefits.
The State Auditor shall annually conduct a
24programmatic review and an audit of expenditures from the fund.
25The State Auditor shall report its findings annually on or before
26March 1 to the Governor and the Legislature, and shall make the
27findings available to the public.
Funds provided by this division shall not be used to
29support or pay for the costs of environmental mitigation measures
30or compliance obligations of any party except as part of the
31environmental mitigation costs of projects financed by this division.
32Funds provided by this division may be used for environmental
33enhancements or other public benefits.
Funds provided by this division shall not be expended
35to pay costs associated with design, construction, operation,
36maintenance, or mitigation of new Delta conveyance facilities.
The Legislature may enact legislation necessary to
38implement programs funded by this division.
Eligible applicants under this division are public
40agencies, nonprofit organizations, public utilities, and mutual water
P21 1companies. To be eligible for funding under this division, a project
2proposed by a public utility that is regulated by the Public Utilities
3Commission or a mutual water company shall have a clear and
4definite public purpose and shall benefit the customers of the water
(a) This division does not diminish, impair, or
7otherwise affect in any manner whatsoever any area of origin,
8watershed of origin, county of origin, or any other water rights
9protections, including, but not limited to, rights to water
10appropriated prior to December 19, 1914, provided under the law.
11This division does not limit or otherwise affect the application of
12Article 1.7 (commencing with Section 1215) of Chapter 1 of Part
132 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461,
1411462, and 11463, and Sections 12200 to 12220, inclusive.
15(b) For the purposes of this division, an area that utilizes water
16that has been diverted and conveyed from the Sacramento River
17hydrologic region, for use outside the Sacramento River hydrologic
18region or the Delta, shall not be deemed to be immediately adjacent
19thereto or capable of being conveniently supplied with water
20therefrom by virtue or on account of the diversion and conveyance
21of that water through facilities that may be constructed for that
22purpose after January 1, 2014.
23(c) Nothing in this division supersedes, limits, or otherwise
24modifies the applicability of Chapter 10 (commencing with Section
251700) of Part 2 of Division 2, including petitions related to any
26new conveyance constructed or operated in accordance with
27Chapter 2 (commencing with Section 85320) of Part 4 of Division
29(d) Unless otherwise expressly provided, nothing in this division
30supersedes, reduces, or otherwise affects existing legal protections,
31both procedural and substantive, relating to the state board’s
32regulation of diversion and use of water, including, but not limited
33to, water right priorities, the protection provided to municipal
34interests by Sections 106 and 106.5, and changes in water rights.
35Nothing in this division expands or otherwise alters the state
36board’s existing authority to regulate the diversion and use of water
37or the courts’ existing concurrent jurisdiction over California water
P22 1(e) Nothing in this division limits or otherwise affects the
2application of Chapter 2 (commencing with Section 85320) of Part
34 of Division 35.
Bonds in the total amount of
begin delete five billion six , or so much thereof
15hundred million dollars ($5,600,000,000)end delete
17as is necessary, not including the amount of any refunding
begin delete bonds, may be issued and sold to provide a fund to
18or so much thereof as is necessary,end delete
20be used for carrying out the purposes expressed in this division
21and to reimburse the General Obligation Bond Expense Revolving
22Fund pursuant to Section 16724.5 of the Government Code. The
23bonds, when sold, shall be and constitute a valid and binding
24obligation of the State of California, and the full faith and credit
25of the State of California is hereby pledged for the punctual
26payment of both principal of, and interest on, the bonds as the
27principal and interest become due and payable.
The bonds authorized by this
begin delete chapterend delete shall be
34prepared, executed, issued, sold, paid, and redeemed as provided
35in the State General Obligation Bond Law (Chapter 4 (commencing
36with Section 16720) of Part 3 of Division 4 of Title 2 of the
37Government Code), and all of the provisions of that law apply to
38the bonds and to this division and are hereby incorporated in this
39division as though set forth in full in this division, except
40 Section 16727 of the Government Code
begin delete shall not apply to the extent that it is inconsistent with any other .
2provision of this divisionend delete
(a) Solely for the purpose of authorizing the issuance
4and sale pursuant to the State General Obligation Bond Law
5(Chapter 4 (commencing with Section 16720) of Part 3 of Division
64 of Title 2 of the Government Code) of the bonds authorized by
7this division, the Safe Drinking Water, Water Quality, and Flood
8Protection Finance Committee is hereby created. For purposes of
9this division, the Safe Drinking Water, Water Quality, and Flood
10Protection Finance Committee is “the committee” as that term is
11used in the State General Obligation Bond Law. The committee
12consists of the Director of Finance, the Treasurer, the Controller,
13the Director of Water Resources, and the Secretary of the Natural
14Resources Agency, or their designated representatives. The
15Treasurer shall serve as chairperson of the committee. A majority
16of the committee may act for the committee.
17(b) For purposes of the State General Obligation Bond Law, the
18Department of Water Resources is designated the “board.”
The committee shall determine whether or not it is
20necessary or desirable to issue bonds authorized pursuant to this
21division in order to carry out the actions specified in this division
22and, if so, the amount of bonds to be issued and sold. Successive
23issues of bonds may be authorized and sold to carry out those
24actions progressively, and it is not necessary that all of the bonds
25authorized to be issued be sold at any one time.
There shall be collected each year and in the same
27manner and at the same time as other state revenue is collected,
28in addition to the ordinary revenues of the state, a sum in an amount
29required to pay the principal of, and interest on, the bonds each
30year. It is the duty of all officers charged by law with any duty in
31regard to the collection of the revenue to do and perform each and
32every act that is necessary to collect that additional sum.
Notwithstanding Section 13340 of the Government
34Code, there is hereby appropriated from the General Fund in the
35State Treasury, for the purposes of this division, an amount that
36will equal the total of the following:
37(a) The sum annually necessary to pay the principal of, and
38interest on, bonds issued and sold pursuant to this division, as the
39principal and interest become due and payable.
P24 1(b) The sum necessary to carry out Section 79832, appropriated
2without regard to fiscal years.
For the purposes of carrying out this division, the
4Director of Finance may authorize the withdrawal from the General
5Fund of an amount not to exceed the amount of the unsold bonds
6that have been authorized by the committee to be sold for the
7purpose of carrying out this division. Any amounts withdrawn shall be
9deposited in the fund. Any money made available under this section
10shall be returned to the General Fund from proceeds received from
11the sale of bonds for the purpose of carrying out this division.
All money deposited in the fund that is derived from
13premium and accrued interest on bonds sold shall be reserved in
14the fund and shall be available for transfer to the General Fund as
15a credit to expenditures for bond interest.
Pursuant to Chapter 4 (commencing with Section
1916720) of Part 3 of Division 4 of Title 2 of the Government Code,
20the cost of bond issuance shall be paid out of the bond
begin delete proceeds. shall be shared proportionally by each
21These costsend delete
24program funded through this
begin delete bond actend delete.
begin delete Department of Water Resourcesend delete may request
27the Pooled Money Investment Board to make a loan from the
28Pooled Money Investment Account,
begin delete including other authorized in accordance with Section 16312 of the
29forms of interim financing that include, but are not limited to,
30commercial paper,end delete
begin delete Code,end delete for begin delete purposesend delete of carrying out
33The amount of the request shall not exceed the amount of the
34unsold bonds that the committee, by resolution, has authorized to
35be sold for the purpose of carrying out this division. The
begin delete Department of Water Resourcesend delete shall execute any
37documents required by the Pooled Money Investment Board to
38obtain and repay the loan. Any amounts loaned shall be deposited
39in the fund to be allocated
begin delete by the boardend delete in accordance with this
2 may be refunded in accordance with Article 6 (commencing with
3Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
4the Government Code, which is a part of the State General
5Obligation Bond Law. Approval by the voters of the state for the
6issuance of the bonds
begin delete described inend delete this division begin delete includesend delete
7 the approval of the issuance of any bonds issued to
8refund any bonds originally issued under this division or any
9previously issued refunding bonds.
Notwithstanding any other provision of this division,
11or of the State General Obligation Bond Law, if the Treasurer sells
12bonds pursuant to this division that include a bond counsel opinion
13to the effect that the interest on the bonds is excluded from gross
14income for federal tax purposes,
begin delete subject toend delete designated
16the Treasurer may maintain separate accounts for the investment
17of bond proceeds and for the investment of earnings on those
18proceeds. The Treasurer may use or direct the use of those proceeds
19or earnings to pay any rebate, penalty, or other payment required
20under federal law or take any other action with respect to the
21investment and use of those bond proceeds required or desirable
22under federal law to maintain the tax exempt status of those bonds
23and to obtain any other advantage under federal law on behalf of
24the funds of this state.
begin deleteThe Legislature hereby finds and declares that, proceeds from the sale of bonds authorized
26inasmuch as the end delete
27by this division are not “proceeds of taxes” as that term is used in
28Article XIII B of the California Constitution, the disbursement
29of these proceeds is not subject to the limitations imposed by that
Section 2 of Chapter 3 of the Seventh Extraordinary
32Session of the Statutes of 2009, as amended by Section 1 of
33Chapter 74 of the Statutes of 2012, is repealed.
Section 2 of this act shall be submitted to the voters
35at the November 4, 2014, statewide general election in accordance
36with provisions of the Government Code and the Elections Code
37governing the submission of a statewide measure to the voters.
Section 2 of this act shall take effect upon the approval
39by the voters of the Safe Drinking Water, Water Quality, and Flood
P26 1Protection Act of 2014, as set forth in that section at the November
24, 2014, statewide general election.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7In order to fund safe drinking water, water quality, and flood
8protection at the earliest possible date, it is necessary that this act
9take effect immediately.