DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500. - 78702.]
Division 24 added by Stats. 1996, Ch. 135, Sec. 1.
§§ 78500–78702 · 155 sections
CHAPTER 1. Short Title and Findings and Declarations §§ 78500–78500.4 · 3 sections
- § 78500 This division shall be known and may be cited as the Safe, Clean, Reliable Water Supply Act.
- § 78500.2 In placing this measure before the voters, the Legislature hereby finds and declares all of the following: (a) The state faces a water crisis that threatens…
- § 78500.4 In enacting this measure, the people of California declare all of the following to be the objectives of this act: (a) To provide a safe, clean, affordable, and…
CHAPTER 2. Definitions § 78501 · 1 section
- § 78501 Unless the context otherwise requires, the following definitions govern the construction of this division: (a) “Bay-delta” means the San Francisco…
CHAPTER 3. Safe, Clean, Reliable Water Supply Fund § 78505 · 1 section
- § 78505 The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe, Clean, Reliable Water Supply Fund, which is hereby created.
CHAPTER 4. Delta Improvement Program §§ 78525–78572 · 32 sections
ARTICLE 1. The Delta Improvement Account §§ 78525–78526 · 2 sections
- § 78525 Unless the context otherwise requires, as used in this chapter, “account” means the Delta Improvement Account created by Section 78526.
- § 78526 The Delta Improvement Account is hereby created in the fund. The sum of one hundred ninety-three million dollars ($193,000,000) is hereby transferred from the…
ARTICLE 2. Central Valley Project Improvement Program §§ 78530–78531 · 3 sections
- § 78530 (a) There is hereby created in the account the Central Valley Project Improvement Subaccount. (b) For the purposes of this article, “subaccount” means the…
- § 78530.5 The sum of ninety-three million dollars ($93,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article.
- § 78531 (a) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to…
ARTICLE 3. Bay-Delta Agreement Program §§ 78535–78538 · 6 sections
- § 78535 (a) There is hereby created in the account the Bay-Delta Agreement Subaccount. (b) For the purposes of this article, “subaccount” means the Bay-Delta Agreement…
- § 78535.5 The sum of sixty million dollars ($60,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article.
- § 78536 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the…
- § 78536.5 The Secretary of the Resources Agency shall carry out this article in accordance with procedures established by CALFED for the purposes of undertaking Category…
- § 78537 The state shall, to the greatest extent possible, secure federal and nonfederal matching funds to implement this article.
- § 78538 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 4. Delta Levee Rehabilitation Program §§ 78540–78545 · 7 sections
- § 78540 (a) There is hereby created in the account the Delta Levee Rehabilitation Subaccount. (b) For the purposes of this article, “subaccount” means the Delta Levee…
- § 78540.5 The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article.
- § 78541 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the…
- § 78542 The expenditure of funds under this article is subject to Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6.
- § 78543 (a) No expenditure of funds may be made under this article unless the Department of Fish and Game makes a written determination as part of its review and…
- § 78544 For the purposes of this article, a levee project includes levee improvements and related habitat improvements which may be undertaken in the delta at a…
- § 78545 The expenditure of funds under this article shall result in levee rehabilitation improvement projects that, to the greatest extent possible, are consistent…
ARTICLE 5. South Delta Barriers Program §§ 78550–78552 · 4 sections
- § 78550 (a) There is hereby created in the account the South Delta Barriers Subaccount. (b) For the purposes of this article, “subaccount” means the South Delta…
- § 78550.5 The sum of ten million dollars ($10,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article.
- § 78551 (a) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to…
- § 78552 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 6. Delta Recreation Program §§ 78560–78568 · 7 sections
- § 78560 (a) There is hereby created in the account the Delta Recreation Subaccount. (b) For the purposes of this article, “subaccount” means the Delta Recreation…
- § 78560.5 The sum of two million dollars ($2,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article.
- § 78562 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the…
- § 78564 The Department of Parks and Recreation may use funds in the subaccount for grants to local public agencies and nonprofit organizations for the purposes of…
- § 78565 Any acquisition pursuant to this article shall be from willing sellers.
- § 78566 The Department of Parks and Recreation may adopt regulations to carry out this article.
- § 78568 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 7. CALFED Bay-Delta Program §§ 78570–78572 · 3 sections
- § 78570 (a) There is hereby created in the account the CALFED Subaccount. (b) For the purposes of this article, “subaccount” means the CALFED Subaccount created by…
- § 78571 The sum of three million dollars ($3,000,000) is hereby transferred from the account to the subaccount for the purposes of Section 78572.
- § 78572 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is continuously appropriated, without regard to fiscal years, to the…
CHAPTER 5. Clean Water and Water Recycling Program §§ 78601–78650.4 · 57 sections
ARTICLE 1. General Provisions §§ 78601–78603.5 · 4 sections
- § 78601 Unless the context otherwise requires, as used in this chapter, “account” means the Clean Water and Water Recycling Account created by Section 78602.
- § 78602 The Clean Water and Water Recycling Account is hereby created in the fund. The sum of two hundred thirty-five million dollars ($235,000,000) is hereby…
- § 78603 The board may adopt regulations to carry out Article 2 (commencing with Section 78610), Article 3 (commencing with Section 78620), Sections 78640 to 78644,…
- § 78603.5 The Department of Food and Agriculture may adopt regulations to carry out Section 78645.
ARTICLE 2. Clean Water Loans and Grants §§ 78610–78619 · 11 sections
- § 78610 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Eligible project” means a project or activity…
- § 78611 There is hereby created in the account both of the following subaccounts: (a) The State Revolving Fund Loan Subaccount. (b) The Small Communities Grant…
- § 78612 The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary or desirable to carry out this article, and may…
- § 78612.5 Not more than 3 percent of the total amount deposited in the State Revolving Fund Loan Subaccount and the Small Communities Grant Subaccount may be used for…
- § 78613 The following amounts are hereby transferred from the account to the State Revolving Fund Loan Subaccount and the Small Communities Grant Subaccount and,…
- § 78614 For purposes of subdivision (a) of Section 78613, the board may make loans to municipalities, pursuant to contract, to aid in the construction or…
- § 78615 For purposes of subdivision (b) of Section 78613, the board may make grants to small communities so that any combined federal and state grant does not exceed…
- § 78616 Any contract entered into pursuant to this article for loans or grants may include provisions determined by the board, and shall include all of the following…
- § 78617 All contracts entered into pursuant to this article for loans or grants are also subject to both of the following requirements: (a) Public entities seeking…
- § 78618 Any loan made pursuant to subdivision (a) of Section 78613 shall be for a period not to exceed 20 years, with an interest rate set in accordance with Section…
- § 78619 All principal and interest payments received pursuant to loan contracts entered into pursuant to this article shall be deposited in the State Revolving Fund…
ARTICLE 3. Water Recycling Program §§ 78620–78630 · 11 sections
- § 78620 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Eligible recycling project” means a water…
- § 78621 (a) (1) There is hereby created in the account the Water Recycling Subaccount. The sum of sixty million dollars ($60,000,000) is hereby transferred from the…
- § 78622 The board may enter into contracts to make loans to public agencies for the purposes set forth in this article. Factors to be considered by the board in…
- § 78623 Any contract for a loan entered into pursuant to Section 78622 may include those provisions determined by the board to be necessary for purposes of this…
- § 78624 (a) A contract for a loan may not provide for a moratorium on the payment of the principal of, or interest on, the loan. (b) Any loan made pursuant to Section…
- § 78625 (a) The board shall establish the interest rate for a loan made pursuant to this article at a rate equal to 50 percent of the interest rate paid by the state…
- § 78626 Unallocated funds remaining in the subaccount on March 8, 2000, and any funds deposited into the subaccount after that date, shall be transferred to, and all…
- § 78627 All interest earned by assets in the subaccount shall be deposited in the subaccount.
- § 78628 The board may make grants to public agencies for facility planning studies for water reclamation projects. The amount of the grants may not exceed seventy-five…
- § 78629 The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out the…
- § 78630 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay for both of the following purposes: (a) To pay the costs incurred in…
ARTICLE 4. Drainage Management §§ 78640–78645.7 · 8 sections
- § 78640 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Drainage water management units” means land…
- § 78641 There is hereby created in the account the Drainage Management Subaccount. The sum of thirty million dollars ($30,000,000) is hereby transferred from the…
- § 78642 (a) Notwithstanding Section 13340 of the Government Code, the sum of twenty-seven million five hundred thousand dollars ($27,500,000) in the subaccount is…
- § 78643 (a) The board may loan an agency up to 100 percent of the total eligible costs of design and construction of an eligible project. (b) Any contract for an…
- § 78644 The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out…
- § 78645 (a) Any unallocated money remaining in the Agricultural Drainage Water Account in the 1986 Water Conservation and Water Quality Bond Fund on November 6, 1996,…
- § 78645.5 Not more than 3 percent of the total amount deposited in the subaccount for the use of the board may be used to pay for both of the following purposes: (a) To…
- § 78645.7 Not more than 3 percent of the total amount deposited in the subaccount for the use of the Department of Food and Agriculture may be used to pay the costs…
ARTICLE 5. Delta Tributary Watershed Program §§ 78647–78647.16 · 11 sections
- § 78647 (a) (1) There is hereby created in the account the Delta Tributary Watershed Subaccount. (2) For the purposes of this article, “subaccount” means the Delta…
- § 78647.2 (a) The board shall administer a program under which a county, or a joint powers authority in which a county is a participant, may submit an application to the…
- § 78647.4 (a) “Eligible project” means a watershed rehabilitation project undertaken on lands owned or operated by the federal, state, or a local government, or a…
- § 78647.5 An eligible project shall include one or more of the following purposes: (a) A reduction in the presence of contaminants in drinking water by addressing the…
- § 78647.6 (a) Every project funded under this article shall comply with state and federal law, regulations, and policies, and shall not degrade the quality of any waters…
- § 78647.7 An application submitted to the board under Section 78647.6 shall also include the following information: (a) A delineation of the watershed area or areas…
- § 78647.8 The board may approve a grant for an eligible project to develop or implement a project, not to exceed one million dollars ($1,000,000) per project. A grant…
- § 78647.10 (a) After providing notice and an opportunity for public comment with regard to an application submitted under Section 78647.6, the board shall approve or…
- § 78647.12 The board may adopt regulations to implement this article. The regulations shall include all of the following: (a) Criteria for the assessment of watershed…
- § 78647.14 Grant recipients shall submit a report on completion of the project to the board indicating whether the purposes of the project have been met. The board shall…
- § 78647.16 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 6. Seawater Intrusion Control §§ 78648–78648.16 · 9 sections
- § 78648 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Eligible seawater intrusion control project”…
- § 78648.2 (a) There is hereby created in the account the Seawater Intrusion Control Subaccount. The sum of ten million dollars ($10,000,000) is hereby transferred from…
- § 78648.4 The board may enter into contracts to make loans to local agencies for the purposes set forth in this article.
- § 78648.6 Any contract for a loan entered into pursuant to Section 78648.4 may include those provisions determined by the board to be necessary for purposes of this…
- § 78648.8 (a) A contract for a loan may not provide for a moratorium on the payment of the principal of, or interest on, the loan. (b) Any loan made pursuant to Section…
- § 78648.10 (a) The board shall establish the interest rate for a loan made pursuant to this article at a rate equal to 50 percent of the interest rate paid by the state…
- § 78648.12 Unallocated funds remaining in the subaccount on March 8, 2000, and any funds deposited into the subaccount after that date, shall be transferred to, and all…
- § 78648.14 The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out the…
- § 78648.16 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay for both of the following: (a) To pay the costs incurred in…
ARTICLE 7. Lake Tahoe Water Quality §§ 78650–78650.4 · 3 sections
- § 78650 Unless the context otherwise requires, as used in this article, “subaccount” means the Lake Tahoe Water Quality Subaccount created by Section 78650.2.
- § 78650.2 (a) There is hereby created in the account the Lake Tahoe Water Quality Subaccount. The sum of ten million dollars ($10,000,000) is hereby transferred from the…
- § 78650.4 Any acquisition pursuant to this article shall be from willing sellers.
CHAPTER 6. Water Supply Reliability §§ 78651–78682.6 · 35 sections
ARTICLE 1. General Provisions §§ 78651–78652 · 2 sections
- § 78651 Unless the context otherwise requires, as used in this chapter, “account” means the Water Supply Reliability Account created by Section 78652.
- § 78652 The Water Supply Reliability Account is hereby created in the fund. The sum of one hundred seventeen million dollars ($117,000,000) is hereby transferred from…
ARTICLE 2. Feasibility Projects §§ 78655–78657 · 3 sections
- § 78655 (a) (1) There is hereby created in the account the Feasibility Projects Subaccount. (2) For the purposes of this article, “subaccount” means the Feasibility…
- § 78656 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal year, to the…
- § 78657 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 3. Water Conservation and Groundwater Recharge §§ 78670–78676 · 9 sections
- § 78670 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Groundwater recharge facilities” means land…
- § 78671 (a) There is hereby created in the account the Water Conservation and Groundwater Recharge Subaccount. The sum of thirty million dollars ($30,000,000) is…
- § 78672 Any loan contract entered into pursuant to this article may include provisions determined to be necessary by the department.
- § 78672.5 (a) Any loan contract concerning an eligible, voluntary, cost-effective capital outlay water conservation program shall be supported by, or shall include, all…
- § 78673 (a) Any loan contract concerning an eligible project for groundwater recharge shall be supported by, or shall include, all of the following: (1) A finding by…
- § 78674 The department may make loans to local agencies, at the interest rates authorized under this article and under any terms and conditions as may be determined…
- § 78675 Unallocated funds remaining in the subaccount on March 8, 2000, shall be transferred to, and all money repaid to the state pursuant to any loan contract…
- § 78675.5 Notwithstanding Section 13340 of the Government Code, the sum of five million dollars ($5,000,000) in the subaccount is hereby continuously appropriated,…
- § 78676 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
ARTICLE 4. Local Projects §§ 78680–78680.20 · 11 sections
- § 78680 (a) (1) There is hereby created in the account the Local Projects Subaccount. (2) For the purposes of this article “subaccount” means the Local Projects…
- § 78680.2 It is the intent of this article to finance a program to further the development, control, and conservation of the water resources of the state by assisting…
- § 78680.4 The following definitions govern the construction of this article: (a) “Feasibility study” means a report on the feasibility of a project, dam, or reservoir. A…
- § 78680.6 The department shall carry out this article and shall give preference to projects undertaken to develop new water supplies and to mitigate significant…
- § 78680.8 Applications for grants or loans for financial assistance under this article shall be made to the department in the form and with those supporting materials…
- § 78680.10 (a) The department may make grants to public agencies for feasibility studies. (b) The amount of the grants may not exceed five hundred thousand dollars…
- § 78680.12 (a) The department may make loans to public agencies for projects. Loans for a single project may not exceed five million dollars ($5,000,000). (b) All loan…
- § 78680.14 (a) The department may also make loans to public agencies for the acquisition of interest in lands that are necessary for the construction, operation, or…
- § 78680.16 Each contract which the department enters into for a loan pursuant to Section 78680.14 shall require the sale of the interests in lands that are acquired with…
- § 78680.18 Notwithstanding any provision of law, any land acquired with the use of loan funds made available pursuant to Section 78680.14, that is located outside the…
- § 78680.20 (a) The department may adopt regulations to carry out this article. Notwithstanding any provisions of law, regulations adopted by the department pursuant to…
ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures §§ 78681–78681.10 · 6 sections
- § 78681 (a) There is hereby created in the account the Sacramento Valley Water Management and Habitat Protection Subaccount. (b) For the purposes of this article,…
- § 78681.2 The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article.
- § 78681.4 Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the…
- § 78681.8 The board shall provide adequate public review for proposed programs or projects and shall determine that those programs or projects are consistent with the…
- § 78681.9 Only the programs or projects that are not the obligation of the federal Central Valley Project or the State Water Project may be funded under this article.
- § 78681.10 Not more than 3 percent of the total amount deposited in the subaccount for the use of the department may be used to pay the costs incurred in connection with…
ARTICLE 6. River Parkway Program §§ 78682–78682.6 · 4 sections
- § 78682 (a) (1) There is hereby created in the account the River Parkway Subaccount. (2) For the purposes of this article, “subaccount” means the River Parkway…
- § 78682.2 The money in the subaccount shall be made available, upon appropriation by the Legislature, for the acquisition and restoration of riparian habitat, riverine…
- § 78682.4 At least 50 percent of the funds in the subaccount shall be used for projects that are located in, or in close proximity to, major metropolitan areas.
- § 78682.6 Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this…
CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program §§ 78684–78684.14 · 8 sections
- § 78684 Unless the context otherwise requires, all of the following definitions govern the construction of this chapter. (a) “Account” means the Bay-Delta Ecosystem…
- § 78684.2 The Legislature hereby finds and declares all of the following: (a) CALFED is in the process of preparing a programmatic EIS/EIR for a long-term comprehensive…
- § 78684.4 This chapter does not authorize implementation of the CALFED Bay-Delta Program or any element of the program. The implementation of the CALFED Bay-Delta…
- § 78684.6 (a) The Bay-Delta Ecosystem Restoration Account is hereby created in the fund for the purpose of funding eligible projects. The sum of three hundred ninety…
- § 78684.8 The Secretary of the Resources Agency shall carry out this chapter in accordance with procedures established by CALFED for the purposes of ecosystem…
- § 78684.10 No funds in the account may be expended until all of the following conditions have been met: (a) The final programmatic EIS/EIR has been certified by the state…
- § 78684.12 Due to the importance of issuing permits and otherwise expediting all elements of the CALFED Bay-Delta Program in a timely and balanced manner, the following…
- § 78684.14 Not more than 3 percent of the total amount deposited in the account may be used to pay the costs incurred in connection with the administration of this…
CHAPTER 8. Flood Control and Prevention Program §§ 78686–78686.12 · 3 sections
ARTICLE 1. Definitions § 78686 · 1 section
- § 78686 Unless the context otherwise requires, as used in this chapter, “account” means the Flood Control and Prevention Account created by Section 78686.10.
ARTICLE 2. Flood Control and Prevention Program §§ 78686.10–78686.12 · 2 sections
- § 78686.10 The Flood Control and Prevention Account is hereby created in the fund. The sum of sixty million dollars ($60,000,000) is hereby transferred from the fund to…
- § 78686.12 (a) Notwithstanding Section 13340 of the Government Code, the money in the account is hereby continuously appropriated, without regard to fiscal years, to the…
CHAPTER 9. Miscellaneous § 78688 · 1 section
- § 78688 Nothing in this division diminishes, or otherwise affects, the requirements of the California Environmental Quality Act (Division 13 (commencing with Section…
CHAPTER 10. Fiscal Provisions §§ 78690–78702 · 14 sections
- § 78690 The proceeds of bonds issued and sold pursuant to this division shall be deposited in the State Treasury to the credit of the Safe, Clean, Reliable Water…
- § 78691 Bonds in the total amount of nine hundred ninety-five million dollars ($995,000,000), not including the amount of any refunding bonds issued in accordance with…
- § 78691.5 Notwithstanding any other law, nine million nine hundred thousand dollars ($9,900,000) of the unissued bonds authorized for the purposes of Sections 78550 to…
- § 78692 (a) The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law…
- § 78693 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, the…
- § 78694 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…
- § 78695 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
- § 78696 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this…
- § 78697 For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the…
- § 78698 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
- § 78699 The State Water Resources Control Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance…
- § 78700 The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,…
- § 78701 Notwithstanding any provision of this division or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this division that include a…
- § 78702 The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that…