CHAPTER 5. State Financial Assistance for Local Projects

Chapter 5 repealed and added by Stats. 1967, Ch. 27.

§§ 12880–12893 · 49 sections

1. ARTICLE 1. Short Title § 12880 · 1 section

   • § 12880 This chapter shall be known and may be cited as the Davis-Grunsky Act.
2. ARTICLE 2. General Provisions §§ 12881–12881.4 · 3 sections

   • § 12881 In furtherance of the development, control and conservation of the water resources of the state and the State Water Resources Development System it is the…
   • § 12881.2 As used in this chapter: (a) “Project” means any dam, reservoir, or other construction or improvement by a public agency for the diversion, storage, or…
   • § 12881.4 In the administration of this chapter, the department and the commission shall give preference to projects involving the development of new basic water…
3. ARTICLE 3. Procedure §§ 12882–12882.5 · 5 sections

   • § 12882 Applications for loans or grants or financial participation by the state under this chapter shall be made to the department in such form and with such…
   • § 12882.2 Applications for loans for irrigation distribution system projects or municipal distribution system projects which involve extreme hardship which jeopardizes…
   • § 12882.3 An application for a reservoir site loan pursuant to Section 12885.2 shall include: (a) Evidence that the proposed site is zoned as a reservoir site. (b)…
   • § 12882.4 A copy of each application, except applications for loans for the preparation of proposed feasibility reports, shall be transmitted by the department to the…
   • § 12882.5 The report required by Section 12882.4 shall include a statement of the project’s onshore facilities and any other local facilities to be required by the…
4. ARTICLE 4. Qualifications Generally §§ 12883–12883.4 · 3 sections

   • § 12883 A proposed project may be approved for assistance only if it is determined that the project substantially conforms to the California Water Plan, is…
   • § 12883.2 In the case of a grant for recreation or fish and wildlife enhancement, or both, the determination of economic justification of the proposed project may, in…
   • § 12883.4 A loan for the preparation of a proposed feasibility report on a proposed project may be approved only if it is determined that there is reasonable assurance…
5. ARTICLE 5. Grants §§ 12884–12884.2 · 2 sections

   • § 12884 The department is authorized to make state grants to public agencies from moneys available for such purpose. Grants in excess of four hundred thousand dollars…
   • § 12884.2 Grants in furtherance of a project that involves the development of a new water supply or a project that involves the repair, alteration, or replacement of dam…
6. ARTICLE 6. Loans §§ 12885–12885.9 · 10 sections

   • § 12885 The department is authorized to make state loans to public agencies for the construction of projects from moneys available for such loans. Loans in excess of…
   • § 12885.1 Loans may be made only for projects primarily for domestic, municipal, agricultural, industrial, recreation, or fish and wildlife enhancement purposes. Such…
   • § 12885.2 The department is authorized to make state loans to public agencies for the acquisition of interests in lands that are necessary for the construction,…
   • § 12885.3 Each loan that is made pursuant to Section 12885.2 shall be repayable with interest upon the same terms as are applicable to construction loans that are made…
   • § 12885.4 Notwithstanding any provision of law to the contrary, any land acquired with a loan made pursuant to this chapter, which land is located outside the boundaries…
   • § 12885.5 In furtherance of the policy set forth in Section 12881.4, no funds shall be loaned for either irrigation distribution system projects or municipal…
   • § 12885.6 The department is authorized to make state loans to public agencies for the preparation of feasibility reports on proposed projects, from any moneys available…
   • § 12885.7 Loans may be made for all or any part of the cost of the preparation of proposed feasibility reports on proposed projects, but in no event shall any such loan…
   • § 12885.8 The department shall require the payment of interest on each loan that is made pursuant to this chapter after the effective date of the 1967 act amending this…
   • § 12885.9 The department, without the prior approval of the California Water Commission, is authorized during the calendar years 1976, 1977, and 1978 to make loans in…
7. ARTICLE 7. State Participation in Projects §§ 12886–12886.6 · 4 sections

   • § 12886 If in order to accomplish the objectives of this chapter it is necessary to construct a project that is larger than one which a public agency proposes to…
   • § 12886.2 In participating in a project under this article, the department may perform all or part of the planning, designing, construction, operation or maintenance of…
   • § 12886.4 The department is authorized, following receipt of an application for state participation from a public agency, to participate under this article on behalf of…
   • § 12886.6 The department is authorized to make loans and grants to public agencies pursuant to the provisions of this chapter for projects in which the department…
8. ARTICLE 8. Powers of Public Agencies §§ 12887–12888 · 11 sections

   • § 12887 Notwithstanding any provision of law to the contrary, every public agency empowered by law to construct and operate a project, as defined in Section 12881.2,…
   • § 12887.1 A public agency may borrow money from and repay the same with interest to the state in accordance with this chapter on behalf of the entire public agency or of…
   • § 12887.2 A public agency may enter into a contract with the department, on behalf of the entire public agency, or of any portion or portions thereof referred to in…
   • § 12887.3 A public agency may comply with the provisions of any contract entered into with the department under this chapter, including any provision which obligates the…
   • § 12887.4 A public agency may include recreation and enhancement of fish and wildlife, or either of them, as functions of a project which the public agency is empowered…
   • § 12887.5 A public agency may construct and operate such onshore recreational facilities, fish and wildlife enhancement facilities or other facilities as the department…
   • § 12887.6 A public agency may annually levy or cause to be levied upon all property in the public agency, or in any portion or portions thereof, subject to taxation or…
   • § 12887.7 A public agency may make charges for the furnishing of services from the project for which the public agency receives financial assistance under this chapter…
   • § 12887.8 A public agency is hereby granted the power to bring an action in the superior court of the county in which the office of such agency is situated to determine…
   • § 12887.9 Whenever a public agency is required to have legal counsel in connection with any of its activities pursuant to this chapter, it may use the services of the…
   • § 12888 A public agency may perform all acts and do all things that are necessary or convenient to carry out the powers specified in this article.
9. ARTICLE 9. Public Agency Election §§ 12889–12889.2 · 2 sections

   • § 12889 Except in the case of a grant to a public agency where the applicable law contains provisions for the election of the members of the governing body of the…
   • § 12889.2 The election shall be held in accordance with the following provisions: (a) The procedure for holding an election on the incurring of bonded indebtedness by…
10. ARTICLE 10. Administrative Provisions §§ 12890–12893 · 8 sections

    • § 12890 The department is authorized to make from time to time such rules and regulations as may be necessary to carry out, and as are consistent with, this chapter.
    • § 12890.2 In making loans or grants pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s investment and…
    • § 12890.4 The department shall keep full and complete records and accounts concerning all of its transactions under this chapter.
    • § 12891 In order to effectuate loans or grants made by the department pursuant to this chapter, the State Controller shall, upon demand of the department, draw…
    • § 12891.2 It shall be the duty of the State Controller to make such audit or audits of the books and records of public agencies receiving loans or grants pursuant to…
    • § 12891.4 All loans or grants made pursuant to this chapter shall be subject to the provisions of this chapter and subject to the approval of the California Water…
    • § 12892 No member of the California Water Commission shall participate in the action of the commission in considering for approval, or approving, a loan or grant under…
    • § 12893 In the case of a grant under subdivision (b) of Section 12884.2 for the part of the construction cost of a dam and reservoir properly allocated to recreational…