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Section. 1: Division 43 is added to the Public Resources Code to
read:
Division 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY,
FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006
Chapter 1. General Provisions
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 2006.
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, and the environment.
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 chemicals, damage from catastrophic
floods and the demands of a growing population. Therefore, actions
must be taken to ensure safe drinking water and a reliable supply of
water for farms, cities and businesses, as well as to protect
California’s rivers, lakes, streams, beaches, bays and coastal
waters, for this and future generations.
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 water is available to all Californians
by:
(1) Providing for emergency assistance to communities with
contaminated sources of drinking water.
(2) Assisting small communities in making the improvements needed in
their water systems to clean up and protect their drinking water
from contamination.
(3) Providing grants and loans for safe drinking water and water
pollution prevention projects.
(4) Protecting the water quality of the Sacramento-San Joaquin
Delta, a key source of drinking water for 23 million Californians.
(5) Assisting each region of the state in improving local water
supply reliability and water quality.
(6) Resolving water-related conflicts, improving local and regional
water self-sufficiency and reducing reliance on imported water.
(b) Protect the pubic from catastrophic floods by identifying and
mapping the areas most at risk, inspecting and repairing levees and
flood control facilities, and reducing the long-term costs of flood
management, reducing future flood risk and maximizing public
benefits by planning, designing and implementing multi-objective
flood corridor projects.
(c) Protect the rivers, lakes and streams of the state from
pollution, loss of water quality, and destruction of fish and
wildlife habitat.
(d) Protect the beaches, bays and coastal waters of the state for
future generations.
(e) Revitalizing our communities and making them more sustainable
and livable by investing in sound land use planning, local parks and
urban greening.
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. These challenges must be addressed
through careful planning and through improvements in land use and
water management that both reduce contributions to global warming
and improve the adaptability of our water and flood control systems.
Improvements include better integration of water supply, water
quality, flood control and ecosystem protection, as well greater
water use efficiency and conservation to reduce energy consumption.
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 real property including easements, leases and
development rights.
(b) “Board” means the Wildlife Conservation Board.
(c) “California Water Plan” means the California Water Plan Update
Bulletin 160-05 and subsequent revisions and amendments.
(d) “Delta” means the Sacramento-San Joaquin River delta.
(e) “Department” means the Department of Water Resources.
(f) “Development” includes, but is not limited to the physical
improvement of real property including the construction of
facilities or structures.
(g) “Disadvantaged community” means a community with a median
household income less than 80% of the statewide average. “Severely
disadvantaged community” means a community with a median household
income less than 60% of the statewide average.
(h) “Fund” means the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Fund of 2006.
(i) “Interpretation” includes, but is not limited to, a visitor
serving amenity that educates and communicates the significance and
value of natural, historical, and cultural resources in a way that
increases the understanding and enjoyment of these resources and
that may utilize the expertise of a naturalist or other specialist
skilled at educational interpretation.
(j) “Local conservation corps” means a program operated by a public
agency or nonprofit organization that meets the requirements of
Section 14406.
(k) “Nonprofit organization” means any nonprofit corporation
qualified to do business in California, and qualified under Section
501(c)(3) of the Internal Revenue Code.
(l) “Preservation” means rehabilitation, stabilization, restoration,
development, and reconstruction, or any combination of those
activities.
(m) “Protection” means those actions necessary to prevent harm or
damage to persons, property or natural resources or those actions
necessary to allow the continued use and enjoyment of property or
natural resources and includes acquisition, development,
restoration, preservation and interpretation.
(n) “Restoration” means the improvement of physical structures or
facilities and, in the case of natural systems and landscape
features includes, but is not limited to, projects for the control
of erosion, the control and elimination of exotic species,
prescribed burning, fuel hazard reduction, fencing out threats to
existing or restored natural resources, road elimination, and other
plant and wildlife habitat improvement to increase the natural
system value of the property. Restoration projects shall include the
planning, monitoring and reporting necessary to ensure successful
implementation of the project objectives.
(o) “Secretary” means the Secretary of the Resources Agency.
(p) “State Board” means the State Water Resources Control Board.
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 and Coastal Protection Fund
of 2006, which is hereby created. Except as specifically provided in
this division the money shall be available for appropriation by the
Legislature, in the manner and for the purposes set forth in this
division in accordance with the following schedule:
(a) The sum of one billion five hundred twenty five million dollars
($1,525,000,000) for safe drinking water, water quality and other
water projects in accordance with the provisions of Chapter 2.
(b) The sum of eight hundred million dollars ($800,000,000) for
flood control projects in accordance with the provisions of Chapter
3.
(c) The sum of sixty five million dollars ($65,000,000) for
statewide water management in accordance with the provisions of
Chapter 4.
(d) The sum of nine hundred twenty eight million dollars
($928,000,000) for the protection of rivers, lakes and streams in
accordance with the provisions of Chapter 5.
(e) The sum of four hundred fifty million dollars ($450,000,000) for
forest and wildlife conservation in accordance with the provisions
of Chapter 6.
(f) The sum of five hundred forty million dollars ($540,000,000) for
the protection of beaches, bays, and coastal waters and watersheds
in accordance with the provisions of Chapter 7.
(g) The sum of five hundred million dollars ($500,000,000) for state
parks and nature education facilities in accordance with Chapter 8.
(h) The sum of five hundred eighty million dollars ($580,000,000)
for sustainable communities and climate change reduction projects in
accordance with Chapter 9.
Chapter 2. Safe Drinking Water and Water Quality Projects
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 all Californians, the protection
of water quality and the environment, and the improvement of water
supply reliability.
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 and urgent actions to ensure that
safe drinking water supplies are available to all Californians.
Eligible projects include, but are not limited to, the following:
(1) Providing alternate water supplies including bottled water where
necessary to protect public health.
(2) Improvements in existing water systems necessary to prevent
contamination or provide other sources of safe drinking water
including replacement wells.
(3) Establishing connections to an adjacent water system.
(4) Design, purchase, installation and initial operation costs for
water treatment equipment and systems.
(b) Grants and expenditures shall not exceed $250,000 per project.
(c) Direct expenditures for the purposes of this section shall be
exempt from contracting and procurement requirements to the extent
necessary to take immediate action to protect public health and
safety.
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 water system infrastructure
improvements and related actions to meet safe drinking water
standards. Priority shall be given to projects that address chemical
and nitrate contaminants, other health hazards and by whether the
community is disadvantaged or severely disadvantaged. Special
consideration shall be given to small communities with limited
financial resources. Eligible recipients include public agencies and
incorporated mutual water companies that serve disadvantaged
communities. The Department of Health Services may make grants for
the purpose of financing feasibility studies and to meet the
eligibility requirements for a construction grant. Construction
grants shall be limited to $5,000,000 per project and not more than
twenty five percent of a grant may be awarded in advance of actual
expenditures. The Department of Health Services may expend up to
$5,000,000 of the funds allocated in this section for technical
assistance to eligible communities.
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 dollars ($50,000,000) shall
be available for deposit into the Safe Drinking Water State
Revolving Fund (Section 116760.30 of the Health and Safety Code).
75024. For the purpose of providing the state share needed to
leverage federal funds to assist communities in making those
infrastructure investments necessary to prevent pollution of
drinking water sources, the sum of eighty million dollars
($80,000,000) shall be available for deposit into the State Water
Pollution Control Revolving Fund (Section 13477 of the Water Code).
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 prevent or reduce contamination of
groundwater that serves as a source of drinking water. The
Department of Health Services shall require repayment for costs that
are subsequently recovered from parties responsible for the
contamination. The Legislature may enact legislation necessary to
implement this section.
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 long term water needs of the state
including the delivery of safe drinking water and the protection of
water quality and the environment. Eligible projects must implement
integrated regional water management plans that meet the
requirements of this section. Integrated regional water management
plans shall identify and address the major water related objectives
and conflicts within the region, consider all of the resource
management strategies identified in the California Water Plan, and
use an integrated, multi-benefit approach to project selection and
design. Plans shall include performance measures and monitoring to
document progress toward meeting plan objectives. Projects that may
be funded pursuant to this section must be consistent with an
adopted integrated regional water management plan or its functional
equivalent as defined in the department’s Integrated Regional Water
Management Guidelines, must provide multiple benefits, and must
include one or more of the following project elements:
(1) Water supply reliability, water conservation and water use
efficiency.
(2) Storm water capture, storage, clean-up, treatment, and
management.
(3) Removal of invasive non-native species, the creation and
enhancement of wetlands, and the acquisition, protection, and
restoration of open space and watershed lands.
(4) Non-point source pollution reduction, management and monitoring.
(5) Groundwater recharge and management projects.
(6) Contaminant and salt removal through reclamation, desalting, and
other treatment technologies and conveyance of reclaimed water for
distribution to users.
(7) Water banking, exchange, reclamation and improvement of water
quality.
(8) Planning and implementation of multipurpose flood management
programs.
(9) Watershed protection and management.
(10) Drinking water treatment and distribution.
(11) Ecosystem and fisheries restoration and protection.
(b) The Department of Water Resources shall give preference to
proposals that satisfy the following criteria:
(1) Proposals that effectively integrate water management programs
and projects within a hydrologic region identified in the California
Water Plan; the Regional Water Quality Control Board region or
subdivision or other region or sub-region specifically identified by
the department.
(2) Proposals that effectively integrate water management with land
use planning.
(3) Proposals that effectively resolve significant water-related
conflicts within or between regions.
(4) Proposals that contribute to the attainment of one or more of
the objectives of the CALFED Bay Delta Program.
(5) Proposals that address statewide priorities.
(6) Proposals that address critical water supply or water quality
needs for disadvantaged communities within the region.
(c) Not more that 5% of the funds provided by this section may be
used for grants or direct expenditures for the development, updating
or improvement of integrated regional water management plans.
(d) The department shall coordinate the provisions of this section
with the program provided in Chapter 8 of Division 26.5 of the Water
Code and may implement this section using existing Integrated
Regional Water Management Guidelines.
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 South Coast Region, the department shall
establish three sub-regions that reflect the San Diego county
watersheds, the Santa Ana River watershed, and the Los
Angeles--Ventura County watersheds respectively, and allocate funds
to those sub-regions. The North and South Lahontan regions shall be
treated as one region for the purpose of allocating funds, but the
department may require separate regional plans. Funds provided in
Section 75026 shall be allocated according to the following
schedule:
(1) North Coast $37,000,000
(2) San Francisco Bay $138,000,000
(3) Central Coast $52,000,000
(4) Los Angeles sub-region $215,000,000
(5) Santa Ana sub-region $114,000,000
(6) San Diego sub-region $91,000,000
(7) Sacramento River $73,000,000
(8) San Joaquin River $57,000,000
(9) Tulare/Kern (Tulare Lake) $60,000,000
(10) North/South Lahontan $27,000,000
(11) Colorado River Basin $36,000,000
(12) Inter-regional/Unallocated $100,000,000
(b) The interregional and unallocated funds provided in subdivision
(a) may be expended directly or granted by the department to address
multi-regional needs or issues of statewide significance.
75028. (a) The department shall allocate grants on a competitive
basis within each identified hydrologic region or sub-region
pursuant to Section 75027. The department may establish standards
and procedures for the development and approval of local project
selection processes within hydrologic regions and sub-regions
identified in Section 75027. The department shall defer to approved
local project selection, and review projects only for consistency
with the purposes of Section 75026.
(b) If a hydrologic region or sub-region identified in Section 75027
does not have any adopted plan that meets the requirements of
Section 75026 at the time of the department’s grant selection
process, the funds allocated to that hydrologic region or sub-region
shall not be reallocated to another region but will remain
unallocated until such time as an adopted plan from the hydrologic
region or sub-region is submitted to the department.
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 projects that protect drinking water
supplies. The department shall require a cost share from local
agencies. Eligible projects are:
(a) Projects that reduce or eliminate discharges of salt, dissolved
organic carbon, pesticides, pathogens and other pollutants to the
San Joaquin River. Not less than forty million ($40,000,000) shall
be available to implement projects to reduce or eliminate discharges
of subsurface agricultural drain water from the west side of the San
Joaquin Valley for the purpose of improving water quality in the San
Joaquin River and the Delta.
(b) Projects that reduce or eliminate discharges of bromide,
dissolved organic carbon, salt, pesticides and pathogens from
discharges to the Sacramento River.
(c) Projects at Franks Tract and other locations in the Delta that
will reduce salinity or other pollutants at agricultural and
drinking water intakes.
(d) Projects identified in the June 2005 Delta Region Drinking Water
Quality Management Plan, with a priority for design and construction
of the relocation of drinking water intake facilities for in-delta
water users.
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 that reduce the discharge of
pollutants from agricultural operations into surface waters of the
state.
Chapter 3. Flood Control
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 and improving the effectiveness of
emergency response, and providing funding for critical immediate
flood control needs throughout the state. It is also intended to
provide a framework to support long term strategies that will
require the establishment of more effective levee maintenance
programs, better floodplain management and more balanced allocation
of liability and responsibility between the federal, state and local
governments.
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, and to avoid or reduce future
flood risks and damages. Eligible projects include, but are not
limited to:
(a) Mapping floodplains.
(b) Mapping rural areas with potential for urbanization.
(c) Mapping and identification of flood risk in high density urban
areas.
(d) Mapping flood hazard areas.
(e) Updating outdated floodplain maps.
(f) Mapping of riverine floodplains, alluvial fans, and coastal
flood hazard areas.
(g) Collecting topographic and hydrographic survey data.
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 inspection and evaluation of the integrity and capability of
existing flood control project facilities and the development of an
economically viable flood control rehabilitation plan.
(b) Improvement, construction, modification, and relocation of flood
control levees, weirs, or bypasses including repair of critical bank
and levee erosion.
(c) Projects to improve the department’s emergency response
capability.
(d) Environmental mitigation and infrastructure relocation costs
related to projects under this section.
(e) To the extent feasible, the department shall implement a
multi-objective management approach for floodplains that would
include, but not be limited to, increased flood protection,
ecosystem restoration, and farmland protection.
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 purposes of those sections.
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 Section 79037.
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 increase the department’s
ability to respond to levee breaches and to reduce the potential for
levee failures. The funds provided by this section shall be
available for the following purposes:
(a) Projects to improve emergency response preparedness.
(b) Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6
of the Water Code.
(c) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code,
including projects for the acquisition, preservation, protection and
restoration of Delta lands for the purpose of flood control and to
meet multiple objectives such as drinking water quality ecosystem
restoration and water supply reliability.
(d) All projects shall be subject to the provisions of Water Code
Section 79050.
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 nonfederal costs of flood control and flood
prevention projects for which assurances required by the federal
government have been provided by a local agency and which have been
authorized under the State Water Resources Law of 1945 (Chapter 1
(commencing with Section 12570) and Chapter 2 (commencing with
Section 12639) of Part 6 of Division 6 of the Water Code), the Flood
Control Law of 1946 (Chapter 3 (commencing with Section 12800) of
Part 6 of Division 6 of the Water Code), and the California
Watershed Protection and Flood Prevention Law (Chapter 4 (commencing
with Section 12850) of Part 6 of Division 6 of the Water Code),
including the credits and loans to local agencies pursuant to
Sections 12585.3 and 12585.4, subdivision (d) of Section 12585.5,
and Sections 12866.3 and 12866.4 of the Water Code, and to implement
Chapter 3.5 (commencing with Section 12840) of Part 6 of Division 6
of the Water Code. Projects eligible for funding pursuant to this
section shall comply with the requirements of AB 1147 (Statutes of
2000, Chapter 1071).
Chapter 4. Statewide Water Planning and Design
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 potential future needs for California’s
water supply, conveyance and flood control systems. The studies
shall be designed to promote integrated, multi-benefit approaches
that maximize the public benefits of the overall system including
protection of the public from floods, water supply reliability,
water quality, and fish, wildlife and habitat protection and
restoration. Projects to be funded include:
(a) Evaluation of climate change impacts on the state’s water supply
and flood control systems and the development of system redesign
alternatives to improve adaptability and public benefits.
(b) Surface water storage planning and feasibility studies pursuant
to the CALFED Bay-Delta Program.
(c) Modeling and feasibility studies to evaluate the potential for
improving flood protection and water supply through coordinating
groundwater storage and reservoir operations.
(d) Other planning and feasibility studies necessary to improve the
integration of flood control and water supply systems.
Chapter 5. Protection of Rivers, Lakes and Streams
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 watersheds and associated land,
water, and other natural resources in accordance with the following
schedule:
(a) The sum of one hundred eighty million dollars ($180,000,000)
shall be available to the Department of Fish and Game, in
consultation with the department, for Bay-Delta and coastal fishery
restoration projects. Of the funds provided in this section, up to
$20,000,000 shall be available for the development of a natural
community conservation plan for the CALFED Bay-Delta Program and up
to $45,000,000 shall be available for coastal salmon and steelhead
fishery restoration projects that support the development and
implementation of species recovery plans and strategies for salmonid
species listed as threatened or endangered under state or federal
law.
(b) The sum of ninety million dollars ($90,000,000) shall be
available for projects related to the Colorado River in accordance
with the following schedule:
(1) Not more than $36,000,000 shall be available to the department
for water conservation projects that implement the Allocation
Agreement as defined in the Quantification Settlement Agreement.
(2) Not more than $7,000,000 shall be available to the Department of
Fish and Game for projects to implement the Lower Colorado River
Multi-Species Habitat Conservation Plan.
(3) $47,000,000 shall be available for deposit into the Salton Sea
Restoration Fund.
(c) The sum of fifty four million dollars ($54,000,000) shall be
available to the department for development, rehabilitation,
acquisition, and restoration costs related to providing public
access to recreation and fish and wildlife resources in connection
with state water project obligations pursuant to Water Code Section
11912.
(d) The sum of seventy two million dollars ($72,000,000) shall be
available to the secretary for projects in accordance with the
California River Parkways Act of 2004 Chapter 3.8 (commencing with
Section 5750) of Division 5. Up to $10,000,000 may be transferred to
the Department of Conservation for the Watershed Coordinator Grant
Program.
(e) The sum of eighteen million dollars ($18,000,000) shall be
available to the department for the Urban Streams Restoration
Program pursuant to Water Code Section 7048.
(f) The sum of thirty six million dollars ($36,000,000) shall be
available for river parkway projects to the San Joaquin River
Conservancy.
(g) The sum of seventy two million dollars ($72,000,000) shall be
available for projects within the watersheds of the Los Angeles and
San Gabriel Rivers according to the following schedule:
(1) $36,000,000 to the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy pursuant to Division 22.8 (commencing with
Section 32600).
(2) $36,000,000 to the Santa Monica Mountains Conservancy for
implementation of watershed protection activities throughout the
watershed of the Upper Los Angeles River pursuant to Section 79508
of the Water Code.
(h) The sum of thirty six million dollars ($36,000,000) shall be
available for the Coachella Valley Mountains Conservancy.
(i) The sum of forty five million dollars ($45,000,000) shall be
available for projects to expand and improve the Santa Ana River
Parkway. Project funding shall be appropriated to the State Coastal
Conservancy for projects developed in consultation with local
government agencies participating in the development of the Santa
Ana River Parkway. Of the amount provided in this paragraph the sum
of thirty million dollars ($30,000,000) shall be equally divided
between projects in Orange, San Bernardino and Riverside Counties.
(j) The sum of fifty four million dollars ($54,000,000) shall be
available for the Sierra Nevada Conservancy.
(k) The sum of thirty six million dollars ($36,000,000) shall be
available for the California Tahoe Conservancy.
(l) The sum of forty five million dollars ($45,000,000) shall be
available to the California Conservation Corps for resource
conservation and restoration projects and for facilities
acquisition, development, restoration, and rehabilitation and for
grants and state administrative costs, in accordance with the
following schedule:
(1) The sum of twenty five million dollars ($25,000,000) shall be
available for projects to improve public safety and improve and
restore watersheds including regional and community fuel load
reduction projects on public lands, and stream and river restoration
projects. Not less that 50% of these funds shall be in the form of
grants to local conservation corps.
(2) The sum of twenty million dollars ($20,000,000) shall be
available for grants to local conservation corps for acquisition and
development of facilities to support local conservation corps
programs, and for local resource conservation activities.
(m) The sum of ninety million dollars ($90,000,000) to the state
board for matching grants to local public agencies for the reduction
and prevention of stormwater contamination of rivers, lakes, and
streams. The legislature may enact legislation to implement this
subdivision.
(n) The sum of one hundred million dollars ($100,000,000) shall be
available to the secretary for the purpose of implementing a court
settlement to restore flows and naturally-reproducing and
self-sustaining populations of salmon to the San Joaquin River
between Friant Dam and the Merced River. These funds shall be
available for channel and structural improvements, and related
research pursuant to the court settlement. The secretary is
authorized to enter into a cost-sharing agreement with the United
States Secretary of the Interior and other parties, as necessary, to
implement this provision.
Chapter 6. Forest and Wildlife Conservation
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 to the following schedule:
(a) Notwithstanding Section 13340 of the Government Code, the sum of
one hundred eighty million dollars ($180,000,000) is continuously
appropriated to the board for forest conservation and protection
projects. The goal of this grant program is to promote the
ecological integrity and economic stability of California’s diverse
native forests for all their public benefits through forest
conservation, preservation and restoration of productive managed
forest lands, forest reserve areas, redwood forests and other forest
types, including the conservation of water resources and natural
habitats for native fish, wildlife and plants found on these lands.
(b) (1) Notwithstanding Section 13340 of the Government Code, the
sum of one hundred thirty five million dollars ($135,000,000) is
hereby continuously appropriated to the board for the development,
rehabilitation, restoration, acquisition and protection of habitat
that accomplishes one or more of the following objectives:
(A) Promotes the recovery of threatened and endangered species.
(B) Provides corridors linking separate habitat areas to prevent
fragmentation.
(C) Protects significant natural landscapes and ecosystems such as
old growth redwoods, mixed conifer forests and oak woodlands,
riparian and wetland areas, and other significant habitat areas.
(D) Implements the recommendations of California Comprehensive
Wildlife Strategy, as submitted October 2005 to the United States
Fish and Wildlife Service.
(2) Funds authorized by this subdivision may be used for direct
expenditures or for grants and for related state administrative
costs, pursuant to the Wildlife Conservation Law of 1947, Chapter 4
(commencing with Section 1300) of Division 2 of the Fish and Game
Code, the Oak Woodland Conservation Act, Article 3.5 (commencing
with Section 1360) of Chapter 4 of Division 2 of the Fish and Game
Code, and the California Rangeland, Grazing Land and Grassland
Protection Act, commencing with Section 10330 of Division 10.4.
Funds scheduled in this subdivision may be used to prepare
management plans for properties acquired by the Wildlife
Conservation Board and for the development of scientific data,
habitat mapping and other research information necessary to
determine the priorities for restoration and acquisition statewide.
(3) Up to twenty five million dollars ($25,000,000) may be granted
to the University of California for the Natural Reserve System for
matching grants for land acquisition and for the construction and
development of facilities that will be used for research and
training to improve the management of natural lands and the
preservation of California’s wildlife resources.
(c) The sum of ninety million dollars ($90,000,000) shall be
available to the board for grants to implement or assist in the
establishment of Natural Community Conservation Plans, Chapter 10
(Commencing with Section 2800) of Division 3 of the Fish and Game
Code.
(d) The sum of forty five million dollars ($45,000,000) shall be
available for the protection of ranches, farms, and oak woodlands
according the following schedule:
(1) Grazing land protection pursuant to the California Rangeland,
Grazing Land and Grassland Protection Act, commencing with Section
10330 of Division 10.4…………..$15,000,000.
(2) Oak Woodland Preservation pursuant to Article 3.5 (commencing
with Section 1360) of Chapter 4 of Division 2 of the Fish and Game
Code….$15,000,000.
(3) Agricultural land preservation pursuant to the California
Farmland Conservancy Program Act of 1995, Article 1 (commencing with
Section 10200) of Division 10.2……$10,000,000.
(4) To the board for grants to assist farmers in integrating
agricultural activities with ecosystem restoration and wildlife
protection…..$5,000,000.
Chapter 7. Protection of Beaches, Bays and Coastal Waters.
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, including projects to prevent contamination
and degradation of coastal waters and watersheds, projects to
protect and restore the natural habitat values of coastal waters and
lands, and projects and expenditures to promote access to and
enjoyment of the coastal resources of the state, in accordance with
the following schedule:
(a) The sum of ninety million dollars ($90,000,000) shall be
available to the state board for the purpose of matching grants for
protecting beaches and coastal waters from pollution and toxic
contamination pursuant to the Clean Beaches Program, Chapter 3
(commencing with Section 30915) of Division 20.4. Not less than
$35,000,000 shall be for grants to local public agencies to assist
those agencies to comply with the discharge prohibition into Areas
of Special Biological Significance contained in the California Ocean
Plan. Not less than 20% of the funds allocated by this subdivision
shall be available to the Santa Monica Bay Restoration Commission.
(b) The sum of one hundred thirty five million dollars
($135,000,000) shall be available for the State Coastal Conservancy
for expenditure pursuant to Division 21.
(c) The sum of one hundred eight million dollars ($108,000,000)
shall be available for the San Francisco Bay Area Conservancy
Program pursuant to Chapter 4.5 of Division 21. Not less than 20% of
the funds allocated by this paragraph shall be expended on projects
in watersheds draining directly to the Pacific Ocean.
(d) The sum of forty five million dollars ($45,000,000) for the
protection of the Santa Monica Bay and its watersheds shall be
available as follows:
(1) To the Santa Monica Mountains Conservancy pursuant to Division
23 (commencing with Section 33000)…….$20,000,000.
(2) To the Baldwin Hills Conservancy for the protection of the
Ballona Creek/Baldwin Hills watershed….$10,000,000.
(3) To the Rivers and Mountains Conservancy…..$15,000,000.
(e) The sum of forty five million dollars ($45,000,000) for the
protection of Monterey Bay and its watersheds shall be available to
the State Coastal Conservancy.
(f) The sum of twenty seven million dollars ($27,000,000) for the
protection of San Diego Bay and adjacent watersheds shall be
available to the State Coastal Conservancy.
(g) The sum of ninety million dollars ($90,000,000) shall be
allocated to the California Ocean Protection Trust Fund (Chapter 4
(commencing with Section 35650) of Division 26.5) and available for
the purposes of projects consistent with Section 35650. Priority
projects shall include the development of scientific data needed to
adaptively manage the state’s marine resources and reserves,
including the development of marine habitat maps, the development
and implementation of projects to foster sustainable fisheries using
loans and grants, and the development and implementation of projects
to conserve marine wildlife.
Chapter 8. Parks and Nature Education Facilities
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 rivers, lakes and streams, its beaches,
bays and coastal waters, to protect those resources for future
generations, and to increase public understanding and knowledge of
those resources, in accordance with the following schedule:
(a) The sum of four hundred million dollars ($400,000,000) shall be
available to the Department of Parks and Recreation for development,
acquisition, interpretation, restoration and rehabilitation of the
state park system and its natural, historical, and visitor serving
resources. The Department of Parks and Recreation shall include the
following goals in setting spending priorities for the funds
appropriated pursuant to this section:
(1) The restoration, rehabilitation and improvement of existing
state park system lands and facilities.
(2) The expansion of the state park system to reflect the growing
population and shifting population centers and needs of the state.
(3) The protection of representative natural resources based on the
criteria and priorities identified in Section 75071.
(b) The sum of one hundred million dollars ($100,000,000) shall be
available to the Department of Parks and Recreation for grants for
nature education and research facilities and equipment to non-profit
organizations and public institutions, including natural history
museums, aquariums, research facilities and botanical gardens.
Eligible institutions include those that combine the study of
natural science with preservation, demonstration and education
programs that serve diverse populations, institutions that provide
collections and programs related to the relationship of Native
American cultures to the environment, and institutions for marine
wildlife conservation research. Grants may be used for buildings,
structures and exhibit galleries that present the collections to
inspire and educate the public and for marine wildlife conservation
research equipment and facilities.
Chapter 9. Sustainable Communities and Climate Change Reduction
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 through investment in natural resources.
The purposes of this chapter include reducing urban communities’
contribution to global warming and increasing their adaptability to
climate change while improving the quality of life in those
communities. Funds shall be available in accordance with the
following schedule:
(a) The sum of ninety million dollars ($90,000,000) shall be
available for urban greening projects that reduce energy
consumption, conserve water, improve air and water quality, and
provide other community benefits. Priority shall be given to
projects that provide multiple benefits, use existing public lands,
serve communities with the greatest need, and facilitate joint use
of public resources and investments including schools. Implementing
legislation shall provide for planning grants for urban greening
programs. Not less than $20,000,000 shall be available for urban
forestry projects pursuant to the California Urban Forestry Act,
Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division
1.
(b) The sum of four hundred million dollars ($400,000,000) shall be
available to the Department of Parks and Recreation for competitive
grants for local and regional parks. Funds provided in this
subdivision may be allocated to existing programs or pursuant to
legislation enacted to implement this subdivision, subject to the
following considerations:
(1) Acquisition and development of new parks and expansion of
overused parks that provide park and recreational access to
underserved communities shall be given preference.
(2) Creation of parks in neighborhoods where none currently exist
shall be given preference.
(3) Outreach and technical assistance shall be provided to
underserved communities to encourage full participation in the
program or programs.
(4) Preference shall be given to applicants that actively involve
community based groups in the selection and planning of projects.
(5) Projects will be designed to provide efficient use of water and
other natural resources.
(c) The sum of ninety million dollars ($90,000,000) shall be
available for planning grants and planning incentives, including
revolving loan programs and other methods to encourage the
development of regional and local land use plans that are designed
to promote water conservation, reduce automobile use and fuel
consumption, encourage greater infill and compact development,
protect natural resources and agricultural lands, and revitalize
urban and community centers.
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.
Chapter 10. Miscellaneous Provisions
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 (commencing with Section
21000).
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 Recreation, the board, and the State Coastal
Conservancy shall give priority to projects that demonstrate one or
more of the following characteristics:
(a) Landscape/Habitat Linkages: properties that link to, or
contribute to linking, existing protected areas with other large
blocks of protected habitat. Linkages must serve to connect existing
protected areas, facilitate wildlife movement or botanical transfer,
and result in sustainable combined acreage.
(b) Watershed Protection: projects that contribute to long-term
protection of and improvement to the water and biological quality of
the streams, aquifers, and terrestrial
resources of priority watersheds of the major biological regions of
the state as identified by the Resources Agency.
(c) Properties that support relatively large areas of
under-protected major habitat types.
(d) Properties that provide habitat linkages between two or more
major biological regions of the state.
(e) Properties for which there is a non-state matching contribution
toward the acquisition, restoration, stewardship or management
costs. Matching contributions can be either monetary or in the form
of services, including volunteer services.
(f) At least fourteen days before approving an acquisition project
funded by this division, an agency subject to this section shall
submit to the Resources Agency and post on its website an
explanation as to whether and how the proposed acquisition meets
criteria established in this section.
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 development of buffer areas
around military facilities that facilitate the continued operation
of those facilities and promote the conservation and recreation
goals of the state. To the extent consistent with this division,
agencies may provide funding to support projects that meet the
purposes of this section.
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 design, selection, and implementation
of the projects authorized under that program. This provision shall
not otherwise restrict funds ordinarily used by an agency for
“preliminary plans,” “working drawings,” and “construction” as
defined in the Annual Budget Act for a capital outlay project or
grant project. Water quality monitoring shall be integrated into the
Surface Water Ambient Monitoring Program administered by the state
board.
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 Monterey Counties flowing to the Monterey
Bay southward to, and including, the Carmel River watershed.
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 Creek southward to the San
Gabriel River.
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 reimbursing the General Fund, pursuant to
the Natural Heritage Preservation Tax Credit Act of 2000 (Division
28 (commencing with Section 37000)).
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 project may be used to the full
extent authorized by the statute governing the program or
conservancy receiving such funds.
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 contract with a third party to
enforce, a labor compliance program pursuant to subdivision (b) of
Labor Code Section 1771.5 for application to that public works
project.
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 guidelines and selection
criteria adopted pursuant to this chapter.
75077. Funds provided pursuant to this chapter, and any
appropriation or transfer of those funds, shall not be deemed to be
a transfer of funds for the purposes of Chapter 9 (commencing with
Section 2780) of Division 3 of the Fish and Game Code.
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 requirements of this division. The
secretary shall publish a list of all program and project
expenditures pursuant to this division not less than annually, in
written form, and shall post an electronic form of the list on the
Resources Agency's Internet Website.
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 purposes of this division are met by the
agencies responsible for implementation of this division.
Chapter 11. Fiscal Provisions
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 issued in accordance with Section
75088, or so much thereof as is necessary, may be issued and sold to
be used for carrying out the purposes set forth in this division and
to be used to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bond proceeds shall be deposited in the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal
Protection Fund of 2006 created by Section 75009. The bonds shall,
when sold, be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of both
principal of and interest on the bonds as they become due and
payable.
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, Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code,
and all provisions of that law shall apply to the bonds and to this
division and are hereby incorporated in this division by this
reference as though fully set forth in this division.
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, the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection
Finance Committee is hereby created. For purposes of this division,
the Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Finance Committee is “the committee” as
that term is used by the State General Obligation Bond Law. The
committee shall consist of the Controller, the Director of Finance,
and the Treasurer, or their designated representatives. The
Treasurer shall serve as chairperson of the committee. A majority of
the committee may act for the committee.
(b) For purposes of this chapter and the State General Obligation
Bond Law, the secretary is designated as “the board.”
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 specified in this division and, if
so, the amount of bonds to be issued and sold. Successive issues of
bonds may be authorized and sold to carry out those actions
progressively, and it is not necessary that all of the bonds
authorized to be issued be sold at any one time.
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 state, a sum in an amount required to
pay the principal of, and interest on, the bonds maturing each year,
and it is the duty of all officers charged by law with any duty in
regard to the collection of the revenue to do so and perform each
and every act that is necessary to collect that additional sum.
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 equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest
on, bonds issued and sold pursuant to this division, as the
principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of
Section 75086, appropriated without regard to fiscal years.
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 exceed the amount of the unsold bonds that
have been authorized to be sold for the purpose of carrying out this
division. Any amounts withdrawn shall be deposited in the fund. Any
money made available under this section shall be returned to the
General Fund, plus the interest that the amounts would have earned
in the Pooled Money Investment Account, from money received from the
sale of bonds that would otherwise be deposited in that fund.
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 expenditures for bond interest.
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 16780) of Chapter 4 of Part 3 of
Division 4 of Title 2 of the Government Code. Approval by the
electors of the state for the issuance of the bonds shall include
approval of the issuance of any bonds issued to refund any bonds
originally issued or any previously issued refunding bonds.
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” as that term is used in Article
XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitation imposed by that article.
SEC. 2. If any provision of this Act or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of
this act are severable.
SEC.3. This Act is an exercise of the public power of the People of
the State of California for the protection of their health, safety,
and welfare and shall be liberally construed to effectuate those
purposes.
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