DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001. - 75130.]

Division 43 added November 7, 2006, by initiative Proposition 84, a bond act.

§§ 75001–75130 · 80 sections

1. CHAPTER 1. General Provisions §§ 75001–75009 · 8 sections

   • § 75001 This Division shall be known and may be cited as the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of…
   • § 75002 The people of California find and declare that protecting the state’s drinking water and water resources is vital to the public health, the state’s economy,…
   • § 75002.5 The people of California further find and declare that the state’s waters are vulnerable to contamination by dangerous bacteria, polluted runoff, toxic…
   • § 75003 The people of California further find and declare that it is necessary and in the public interest to do all of the following: (a) Ensure that safe drinking…
   • § 75003.5 The people of California further find and declare that the growth in population of the state and the impacts of climate change pose significant challenges.…
   • § 75004 It is the intent of the people that investment of public funds pursuant to this division should result in public benefits.
   • § 75005 As used in this division, the following terms have the following meanings: (a) “Acquisition” means the acquisition of a fee interest or any other interest in…
   • § 75009 The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe Drinking Water, Water Quality and Supply, Flood Control, River…
2. CHAPTER 2. Safe Drinking Water and Water Quality Projects §§ 75020–75029.5 · 11 sections

   • § 75020 This chapter is intended to provide the funds necessary to address the most critical water needs of the state including the provision of safe drinking water to…
   • § 75021 (a) The sum of ten million dollars ($10,000,000) shall be available to the Department of Health Services for grants and direct expenditures to fund emergency…
   • § 75022 The sum of one hundred eighty million dollars ($180,000,000) shall be available to the Department of Health Services for grants for small community drinking…
   • § 75023 For the purpose of providing the state share needed to leverage federal funds to assist communities in providing safe drinking water, the sum of fifty million…
   • § 75024 For the purpose of providing the state share needed to leverage federal funds to assist communities in making those infrastructure investments necessary to…
   • § 75025 The sum of sixty million dollars ($60,000,000) shall be available to the Department of Health Services for the purpose of loans and grants for projects to…
   • § 75026 (a) The sum of one billion dollars ($1,000,000,000) shall be available to the department for grants for projects that assist local public agencies to meet the…
   • § 75027 (a) The funding provided in Section 75026 shall be allocated to each hydrologic region as identified in the California Water Plan and listed below. For the…
   • § 75028 (a) The department shall allocate grants on a competitive basis within each identified hydrologic region or sub-region pursuant to Section 75027. The…
   • § 75029 The sum of one hundred thirty million dollars ($130,000,000) shall be available to the department for grants to implement Delta water quality improvement…
   • § 75029.5 The sum of fifteen million dollars ($15,000,000) shall be available to the state board for grants to public agencies and non-profit organizations for projects…
3. CHAPTER 3. Flood Control §§ 75030–75034 · 7 sections

   • § 75030 This chapter is intended to provide the funding needed to address short term flood control needs such as levee inspection and evaluation, floodplain mapping…
   • § 75031 The sum of thirty million dollars ($30,000,000) shall be available to the department for the purposes of floodplain mapping, assisting local land-use planning,…
   • § 75032 The sum of two hundred seventy five million dollars ($275,000,000) shall be available to the department for the following flood control projects: (a) The…
   • § 75032.4 Notwithstanding Section 13340 of the Government Code, the funds allocated in Sections 75031 and 75032 are continuously appropriated to the department for the…
   • § 75032.5 The sum of forty million dollars ($40,000,000) shall be available to the department for Flood Protection Corridor projects that are consistent with Water Code…
   • § 75033 The sum of two hundred seventy five million dollars ($275,000,000) shall be available to the department for flood control projects in the Delta designed to…
   • § 75034 The sum of one hundred eighty million dollars ($180,000,000) shall be available to the department for the purposes of funding the state’s share of the…
4. CHAPTER 4. Statewide Water Planning and Design § 75041 · 1 section

   • § 75041 The sum of sixty five million dollars ($65,000,000) shall be available to the department for planning and feasibility studies related to the existing and…
5. CHAPTER 5. Protection of Rivers, Lakes and Streams §§ 75050–75050.4 · 3 sections

   • § 75050 The sum of nine hundred twenty eight million dollars ($928,000,000) shall be available for the protection and restoration of rivers, lakes and streams, their…
   • § 75050.2 (a) The state board shall develop project selection and evaluation guidelines for the allocation of funds made available pursuant to subdivision (m) of Section…
   • § 75050.4 The state board and the department shall consult with each other, as necessary, with regard to the development of project selection and evaluation guidelines…
6. CHAPTER 6. Forest and Wildlife Conservation § 75055 · 1 section

   • § 75055 The sum of four hundred fifty million dollars ($450,000,000) shall be available for the protection and conservation of forests and wildlife habitat according…
7. CHAPTER 7. Protection of Beaches, Bays and Coastal Waters § 75060 · 1 section

   • § 75060 The sum of five hundred forty million dollars ($540,000,000) shall be available for the protection of beaches, bays and coastal waters and watersheds,…
8. CHAPTER 8. Parks and Nature Education Facilities § 75063 · 1 section

   • § 75063 The sum of five hundred million dollars ($500,000,000) shall be available to provide public access to the resources of the State of California, including its…
9. CHAPTER 9. Sustainable Communities and Climate Change Reduction §§ 75065–75066 · 2 sections

   • § 75065 The sum of five hundred eighty million dollars ($580,000,000) shall be available for improving the sustainability and livability of California’s communities…
   • § 75066 Appropriation of the funds provided in subdivisions (a) and (c) of Section 75065 may only be made upon enactment of legislation to implement that subdivision.
10. CHAPTER 10. Miscellaneous Provisions §§ 75070–75079 · 16 sections

    • § 75070 Every proposed activity or project to be financed pursuant to this division shall be in compliance with the California Environmental Quality Act, Division 13…
    • § 75070.4 Acquisitions of real property pursuant to Chapters 5, 6, 7, 8, and 9 shall be from willing sellers.
    • § 75070.5 Not more than 5% of the funds allocated to any program in this division may be used to pay the costs incurred in the administration of that program.
    • § 75071 In evaluating potential projects that include acquisition or restoration for the purpose of natural resource protection, the Department of Parks and…
    • § 75071.5 The Department of Parks and Recreation, the board, and the State Coastal Conservancy shall work with the United States Department of Defense to coordinate the…
    • § 75072 Up to 10 percent of funds allocated for each program funded by this division may be used to finance planning and monitoring necessary for the successful…
    • § 75072.5 For the purposes of Section 75060(e), “Monterey Bay and its watersheds” shall be considered to be watersheds of those rivers and streams in Santa Cruz and…
    • § 75072.6 For purposes of Section 75060(f), “San Diego Bay and adjacent watersheds” includes the coastal and bay watersheds within San Diego County.
    • § 75072.7 For purposes of Section 75060(d), “Santa Monica Bay and watershed” includes the coastal and bay watersheds in Ventura and Los Angeles Counties from Calleguas…
    • § 75073 Funds scheduled in Chapter 5, 6, 7 and 8 of this division that are not designated for competitive grant programs may also be used for the purposes of…
    • § 75074 In enacting Chapters 5, 6, 7 and 8 of this division it is the intent of the people that when a project or program is funded herein, funds for such program or…
    • § 75075 The body awarding any contract for a public works project financed in any part from funds made available pursuant to this division shall adopt and enforce, or…
    • § 75076 Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program…
    • § 75077 Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of…
    • § 75078 The Secretary shall provide for an independent audit of expenditures pursuant to this division to ensure that all moneys are expended in accordance with the…
    • § 75079 The Secretary shall appoint a citizen advisory committee to review the annual audit and to identify and recommend actions to ensure that the intent and…
11. CHAPTER 11. Fiscal Provisions §§ 75080–75090 · 12 sections

    • § 75080 Bonds in the total amount of five billion three hundred and eighty eight million dollars ($5,388,000,000), not including the amount of any refunding bonds…
    • § 75081 The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law,…
    • § 75082 (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division,…
    • § 75083 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions…
    • § 75084 There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
    • § 75085 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for purposes of this division, an amount that will…
    • § 75086 For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to…
    • § 75087 All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to…
    • § 75088 Any bonds issued or sold pursuant to this division may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section…
    • § 75089 Notwithstanding any other law, one hundred five million dollars ($105,000,000) of the unissued bonds authorized for the purposes of this division are…
    • § 75089.5 Notwithstanding any other law, twelve million dollars ($12,000,000) of the unissued bonds authorized for the purpose of subdivision (a) of Section 75063, three…
    • § 75090 The people of California hereby find and declare that inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes”…
12. CHAPTER 12. Implementation Provisions §§ 75100–75104 · 5 sections

    • § 75100 (a) (1) Each state agency disbursing a competitive grant pursuant to this division shall develop project solicitation and evaluation guidelines. The guidelines…
    • § 75101 (a) (1) Costs subsequently recovered from a party responsible for the contamination pursuant to Section 75025 shall be repaid to the state board and deposited…
    • § 75102 Before the adoption of a negative declaration or environmental impact report required under Section 75070, the lead agency shall notify the proposed action to…
    • § 75103 It is the intent of the Legislature that any public funds made available by this division to investor-owned utilities regulated by the Public Utilities…
    • § 75104 State agencies that are authorized to award a loan or grant financed by this division shall provide technical assistance with regard to the preparation of an…
13. CHAPTER 13. Strategic Growth Council and Climate Change Reduction §§ 75120–75130 · 12 sections

    • § 75120 For purposes of this chapter, the following definitions shall apply: (a) “Council” means the Strategic Growth Council established pursuant to Section 75121.…
    • § 75121 (a) The Strategic Growth Council is hereby established in state government and it shall consist of the Director of State Planning and Research, the Secretary…
    • § 75122 The members of the council shall elect a chair of the council every two years.
    • § 75123 (a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject to…
    • § 75124 Of the funds made available pursuant to subdivisions (a) and (c) of Section 75065, the sum of five hundred thousand dollars ($500,000) is hereby appropriated…
    • § 75125 The council shall do all of the following: (a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and…
    • § 75126 (a) An applicant shall declare, in the application submitted to the council for financial assistance for a plan or project pursuant to this chapter, the…
    • § 75127 (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city or county for…
    • § 75128 (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a council of governments,…
    • § 75129 (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city, county, special…
    • § 75129.5 (a) Notwithstanding any other law, the council may, using existing or private funds, provide public members of the California Agricultural Land Equity Task…
    • § 75130 This chapter does not authorize the council to take an action with regard to the exercise of a local government’s land use permitting authority.