Today's Law As Amended


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AB-3256 Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.(2019-2020)



As Amends the Law Today


SECTION 1.
 The people of California find and declare all of the following:
(a) The climate crisis presents a significant threat to the health, safety, and prosperity of the people of California. The changing climate increases the risk of extreme weather events, biodiversity loss, catastrophic wildfire, and sea level rise, resulting in harm to California’s agricultural industry, water supply, unique ecosystems, and economy.
(b) According to the state’s Fourth Climate Change Assessment, “[e]merging findings for California show that costs associated with direct climate impacts by 2050 are dominated by human mortality, damages to coastal properties, and the potential for droughts and mega-floods.”
(c) Improving climate resiliency will require investments in planning and both capital- and non-capital costs.
(d) Strategic restoration and stewardship of California’s natural infrastructure will increase the state’s resilience to the changing climate and can prevent or reduce many of the forecasted impacts of climate change.
(e) State investments to improve climate resiliency must reflect the varying type and severity of climate impacts across the state. Already vulnerable communities often face greater risks from climate change.
(f) Planning, investment, and action to address current and future climate change impacts must be guided by the best available science, including local and traditional knowledge.
(g) Investment in transformative, cost-effective, and evidence-based projects that increase the state’s resilience to climate change will protect the lives of all Californians, conserve our unique ecosystems, and save billions of dollars by preventing or reducing damage that may otherwise occur.
(h) Climate risks and impacts vary by region and can overwhelm the resources of local governments and communities that must cope with changing conditions and severe climate change-related events.
(i) An integrated statewide investment that prevents wildfires and other natural disasters, reduces near-term climate change risks, and increases long-term resilience to climate change will save local and state agencies and California residents billions of dollars by preventing or reducing the amount of damage that would otherwise occur.
(j) The investment of public funds pursuant to Division 47 (commencing with Section 80200) of the Public Resources Code will result in public benefits that will address the most critical statewide needs and priorities for public funding while saving local and state agencies billions of dollars.

SEC. 2.

 Division 47 (commencing with Section 80200) is added to the Public Resources Code, to read:

DIVISION 47. ECONOMIC RECOVERY, WILDFIRE PREVENTION, SAFE DRINKING WATER, DROUGHT PREPARATION, AND FLOOD PROTECTION BOND ACT OF 2020

CHAPTER  1. General Provisions
80200.
 This division shall be known, and may be cited, as the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
80201.
 (a) In expending funds pursuant to this division, an administering state agency shall give priority to projects that leverage private, federal, and local funding or produce the greatest public benefit.
(b) A project funded pursuant to this division shall include signage informing the public that the project received funding from the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
80202.
 For purposes of this division, the following definitions apply:
(a) “Air board” means the State Air Resources Board.
(b) “Committee” means the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee created pursuant to Section 80282.
(c) “Fund” means the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund created pursuant to Section 80209.
(d) “Groundwater sustainability agency” has the same meaning as defined in Section 10721 of the Water Code.
(e) “Interpretation” includes, but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may use educational materials in multiple languages, digital information in multiple languages, and the expertise of a naturalist or other skilled specialist.
(f) “Natural infrastructure” means natural ecological systems or processes that reduce vulnerability to climate change-related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. ”Natural infrastructure” includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. ”Natural infrastructure” also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(g) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(h) “Socially disadvantaged farmers and ranchers” has the same meaning as defined in Section 512 of the Food and Agricultural Code.
(i) “Tribe” means a California native American tribe that appears on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(j) “Water board” means the State Water Resources Control Board.
(k) “Water Resilience Portfolio” means a suite of recommended actions by the Natural Resources Agency, the California Environmental Protection Agency, and the Department of Food and Agriculture to help the state cope with more extreme droughts and floods, rising temperatures, declining fish populations, aging infrastructure, and other challenges.
80203.
 An amount that equals not more than 5 percent of the funds allocated for a program funded pursuant to this division may be used to pay the administrative costs of that program.
80204.
 (a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. The Secretary of the Natural Resources Agency 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 agency’s internet website in a downloadable spreadsheet format. The spreadsheet shall include information about the location and footprint of each funded project, the project’s objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable chapter of this division pursuant to which the grant recipient received moneys.
(b) If an audit, required by statute, of any entity that receives funding authorized by this division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c) The state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant.
(d) The costs associated with the publications, audits, statewide bond tracking, cash management, and related oversight activities provided for in this section shall be funded from this division. These costs shall be shared proportionally by each program through this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the funds authorized in this division.
80205.
 If any moneys allocated pursuant to this division are not encumbered or expended by the recipient entity within the time period specified by the administering state agency, the unexpended moneys shall revert to the administering state agency for allocation consistent with the applicable chapter.
80206.
 A state agency that receives funding to administer a grant program under this division shall report to the Legislature annually in the budget on its expenditures pursuant to this division and the public benefits received from those expenditures.
80207.
 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 Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code.
80208.
 For grants awarded for projects under this division, the administering state agency may provide advanced payments in the amount of 25 percent of the grant award to the recipient, including state-related entities, to initiate the project in a timely manner. The administering state agency shall adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.
80209.
 (a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 80292, shall be deposited in the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of this division.
(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) One billion six hundred twenty-five million dollars ($1,625,000,000) for wildfire prevention and climate risk reduction, in accordance with Chapter 2 (commencing with Section 80220).
(2) One billion one hundred million dollars ($1,100,000,000) for the protection of coastal lands, bays, and oceans from climate risks, in accordance with Chapter 3 (commencing with Section 80230).
(3) One billion three hundred fifty-five million dollars ($1,355,000,000) for the protection of California’s water supplies from multiyear droughts, reducing flood risk from extreme events, and providing safe drinking water, in accordance with Chapter 4 (commencing with Section 80240).
(4) One billion three hundred million dollars ($1,300,000,000) for the protection of California’s wildlife, biodiversity, fisheries, and working and agricultural lands from climate risks, in accordance with Chapter 5 (commencing with Section 80260).
(5) One billion six hundred million dollars ($1,600,000,000) for regional climate resilience projects that address multiple risks, in accordance with Chapter 6 (commencing with Section 80270).
80210.
 The Legislature may enact legislation necessary to implement programs funded by this division.
CHAPTER  2. Wildfire Prevention and Climate Risk Reduction
80220.
 For purposes of this chapter, the following definitions apply:
(a) “Risk reduction buffer” means community design measures that integrate greenspaces or open spaces that are managed to reduce the spread of wildfires, and are located either between the structures and the wildlands or are strategically interspersed among the structures in a community to reduce structure vulnerability to wildfire risks. Risk reduction buffers shall be designed to provide additional benefits that may include shelter from natural disasters, recreation, habitat, storm water capture, and active transportation.
(b) “Structure hardening” means the installation, replacement, or retrofitting of building materials, systems, or assemblies used in the exterior design and construction of existing nonconforming structures with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of Title 24 of the California Code of Regulations, or any appropriate successor regulatory code with the primary purpose of reducing risk to structures from wildfire or conforming to the low-cost retrofit list, and updates to that list, developed pursuant to paragraph (1) of subdivision (c) of Section 51189 of the Government Code.
80220.5.
 The sum of one billion six hundred twenty-five million dollars ($1,625,000,000) shall be available, upon appropriation by the Legislature, for the prevention and reduction in the risk of wildfires to lives, properties, and natural resources. The goals of this chapter shall be the following:
(a) The creation of risk reduction buffer between communities and the wildland.
(b) The creation of strong local fire safe planning and risk reduction work to improve community fire resilience.
(c) The improvement of forest and other habitat health to reduce the risk of fire, reduce fire intensity, and restore historic ecosystem function while improving water supply and water quality.
(d) The creation of cost-effective efforts to complete community and structure hardening projects that target entire neighborhoods or communities.
80221.
 (a) Of the funds made available by Section 80220.5, five hundred million dollars ($500,000,000) shall be available to the Office of Emergency Services, in coordination and conjunction with the Department of Forestry and Fire Protection, for a prehazard mitigation grant program. The grant program shall be allocated to assist local and state agencies to leverage additional funds, including matching grants from federal agencies. The grant program shall fund efforts that include providing loans, rebates, direct assistance, and matching funds that prevent wildfires and reduce the risk of wildfires to communities, increasing community hardening. Eligible projects include, but are not limited to, the following:
(1) Grants to local agencies, state agencies, joint powers authorities, and tribes for projects that reduce wildfire risks to people and property consistent with an approved community wildfire protection plan.
(2) Grants to local agencies, state agencies, joint power authorities, tribes, resource conservation districts, fire safe councils, and nonprofit organizations for hardening of critical community infrastructure, evacuation centers, hardening projects that reduce the risk of wildfire for entire neighborhoods and communities, risk reduction buffers, and incentives to remove structures that significantly increase hazard risk.
(b) The Office of Emergency Services and the Department of Forestry and Fire Protection shall prioritize prehazard mitigation grant funding applications from local agencies based on the “Fire Risk Reduction Community” list, upon development of that list, pursuant to Section 4290.1.
(c) The Office of Emergency Services and the Department of Forestry and Fire Protection shall provide technical assistance to disadvantaged communities, vulnerable populations, including those with access and functional needs, at-risk infrastructure, socially disadvantaged farmers or ranchers, and economically distressed areas to ensure the grant program reduces the vulnerability of those most in need.
80222.
 Of the funds made available by Section 80220.5, one billion twenty-five million dollars ($1,025,000,000) shall be made available to the Natural Resources Agency and to its departments, boards, and conservancies for projects and grants to improve local fire prevention capacity, improve forest health and resiliency, and reduce the risk of wildfire spreading into populated areas from wildlands. Where appropriate, projects may include activities on lands owned by the United States. The funding made available by this section shall be allocated as follows:
(a) Three hundred million dollars ($300,000,000) shall be made available to the Regional Fire and Forest Capacity Program to increase regional capacity to prioritize, develop, and implement projects that improve forest health and fire resilience, facilitate greenhouse gas emissions reductions, and increase carbon sequestration in forests throughout California. The funding shall be allocated based, to the extent feasible, on the findings of the review of the regional capacity required by Section 4123.7.
(b) Three hundred million dollars ($300,000,000) shall be made available to the Department of Forestry and Fire Protection to support various long-term forest health projects, including reforestation; conservation easements; activities that promote long-term carbon storage; and upper watershed, riparian, mountain meadow, and inland wetland restoration. Projects shall reflect the concurrence of the Department of Fish and Wildlife and the water board, respectively, when a project may affect their statutory jurisdiction and shall be consistent with Section 4799.05.
(c) Three hundred million dollars ($300,000,000) shall be made available to forests and other habitats, including, but not limited to, redwoods, conifers, oak woodlands, chaparral, deserts, and coastal forest watershed improvement projects that include the use of prescribed fire and improve water supply or water quality. Projects shall include the restoration of natural ecosystem functions in high fire hazard areas and provide multiple benefits including, but not be limited to, habitat protection, science-based fuel reduction, watershed protection, carbon sequestration, protection of older fire-resistant trees, and improved forest health. The Natural Resources Agency shall require a contribution of matching funds or in-kind work, as determined appropriate, from beneficiaries of the watershed, which may include, but not limited to, water districts, public utilities, local agencies, or private users. As a condition of funds granted pursuant to this section, the Natural Resources Agency shall ensure long-term benefits for projects funded pursuant to this subdivision, including an ongoing commitment to future maintenance and a commitment to long-term increases in carbon sequestration.
(d) Fifty million dollars ($50,000,000) shall be made available to the Department of Forestry and Fire Protection to provide funding to fire safe councils, nongovernmental organizations with demonstrated expertise, and resource conservation districts for the purchase of large equipment necessary to conduct fuel reduction and forest health projects. The department shall develop funding guidelines to ensure the equipment purchased receives necessary maintenance by the owner, is used appropriately by trained operators, provides public benefits, and is made available for fuel reduction and forest health projects in a cost-effective manner. Eligible equipment may include equipment for biomass utilization and shall have a durability suitable for capital expenditure.
(e) Seventy-five million dollars ($75,000,000) shall be made available to the Sierra Nevada Conservancy for purposes of watershed improvement, forest health, biomass utilization, and forest restoration workforce development. Seventy percent of the funds made available by this subdivision shall be made available to the Sierra Nevada Watershed Improvement Program created by Section 33345.1.
80223.
 Of the funds made available by Section 80220.5, not less than fifty million dollars ($50,000,000) shall be allocated to the air board, in consultation with the Natural Resources Agency and the Department of Forestry and Fire Protection, to incentivize new projects in California that provide long-term capital infrastructure to convert forest and other vegetation waste removed for wildfire mitigation to beneficial uses that maximize reductions in the emissions of greenhouse gases, provide local benefits for air quality, and help to increase local community resilience against climate change impacts.
80224.
 Of the funds made available by Section 80220.5, fifty million dollars ($50,000,000) shall be available to the Department of Parks and Recreation to plan for and implement projects to reduce the risks of fire and for the fire hardening of infrastructure for units of the state park system.
80225.
 To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division.
CHAPTER  3. Protecting Coastal Lands, Bays, and Oceans from Sea Level Rise and Other Climate Risks
80230.
 The sum of one billion one hundred million dollars ($1,100,000,000) shall be available, upon appropriation by the Legislature, for the protection and restoration of coastal and ocean resources from sea level rise, ocean acidification, and other impacts of climate change. The goal of this chapter is to provide funding for projects that slow the impacts of sea level rise, especially in combination with storm surges, with nature-based solutions; increase the ability of the ocean and coastal systems to capture and store carbon dioxide; and support sustainable fisheries.
80231.
 (a) Eligible projects under this chapter include, but are not limited to, projects to protect, restore, and increase the resilience of coastal and ocean ecosystems, such as beaches, bluffs, grasslands, chaparral, shrublands, forests, waters, coastal watersheds, wetlands, natural resources, fisheries, estuarine habitat, kelp forests, seagrass and eelgrass habitat, and wildlife in coastal areas. Projects may address the protection and resilience of public recreation and public access facilities.
(b) The following criteria shall be used for projects under this chapter:
(1) Projects shall leverage local, nonbond state, federal, or private funding of at least 50 percent for infrastructure projects.
(2) Projects should prioritize natural infrastructure. For projects with multiple benefits to water supply, water quality, wildlife, and biodiversity, a match of at least 25 percent from local, state, federal, or private funding is required.
(3) Projects leveraging ongoing state funding for carbon sequestration, transportation, general funds shall be given priority.
(4) Up to 10 percent of project costs may be used for project planning.
(5) Projects are required to demonstrate ongoing monitoring and scientific review. Up to 5 percent of project funds may be used for this purpose.
80232.
 (a) Of the funds made available by Section 80230, the sum of six hundred million dollars ($600,000,000) shall be available to the State Coastal Conservancy, the California Coastal Commission, and the San Francisco Bay Conservation and Development Commission.
(b) Of the funds made available by subdivision (a), three hundred million dollars ($300,000,000) shall be available to the State Coastal Conservancy for projects to protect, restore, and increase the resilience of beaches, bays, coastal dunes, wetlands, coastal forests, and coastal watershed resources pursuant to Division 21 (commencing with Section 31000), including land acquisition, or conservation easements on, land in or adjacent to the California coastal zone with open space, recreational, biological, cultural, scenic, or agricultural values, or lands adjacent to marine protected areas, including marine conservation areas, whose preservation will contribute to the ecological quality of those marine protected areas.
(c) Of the funds made available by subdivision (a), one hundred fifty million dollars ($150,000,000) shall be available to the State Coastal Conservancy for competitive grants for demonstration and pilot projects that use natural infrastructure to protect critical infrastructure that is vulnerable to sea level rise and flooding.
(d) Of the funds made available by subdivision (a), one hundred million dollars ($100,000,000) shall be available to the State Coastal Conservancy for grants to remove outdated or obsolete dams and water infrastructure. Up to 25 percent of the funds made available in this subdivision may be awarded for the public benefits associated with updating outdated dams and water infrastructure.
(e) Of the funds made available by subdivision (a), the sum of thirty million dollars ($30,000,000) shall be available to the California Coastal Commission for grants for local adaptation planning and updating local coastal programs and twenty million dollars ($20,000,000) shall be available to the San Francisco Bay Conservation and Development Commission for coastal planning and projects within its jurisdiction.
80233.
 (a) Of the funds made available by Section 80230, the sum of two hundred million dollars ($200,000,000) shall be available to the Ocean Protection Council.
(b) Of the amount made available by subdivision (a), one hundred million dollars ($100,000,000) shall be available for deposit into the California Ocean Protection Trust Fund for competitive grants consistent with Section 35650. Priority shall be given to projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, increasing ocean temperatures, sea level rise, and habitat restoration and protection.
(c) Of the funds made available by subdivision (a), fifty million dollars ($50,000,000) shall be available for projects that increase the ability of the ocean and coastal ecosystems to capture, sequester, and store carbon dioxide.
80234.
 Of the funds made available by Section 80230, two hundred fifty million dollars ($250,000,000) shall be available to the Natural Resources Agency and its departments, boards, and conservancies or the Ocean Protection Council for competitive grants to restore or enhance coastal and ocean ecosystems. No less than 50 percent of the funds allocated by this subdivision shall be for competitive grants for projects that use nature-based solutions to address climate change impacts to California’s ocean and coastal ecosystems, including, but not limited to, wetlands, estuarine habitat, kelp forests, seagrass habitat, eelgrass beds, and the state’s system of marine protected areas. Grant programs may be administered by the State Coastal Conservancy, the Department of Fish and Wildlife, the water board, or the Ocean Protection Council. The administering agency shall coordinate with all relevant state agencies, and relevant local, regional, and state conservancies.
80235.
 Of the funds made available by Section 80230, fifty million dollars ($50,000,000) shall be available to the Department of Parks and Recreation to plan for and implement projects to reduce the risks of sea level rise for units of the state park system.
80236.
 Projects funded pursuant to this chapter shall be consistent with climate and sea level rise policies and guidelines established by the California Coastal Commission, the Ocean Protection Council, the San Francisco Bay Conservation and Development Commission, and the State Coastal Conservancy, if applicable.
CHAPTER  4. Protecting California’s Water Supply During Drought, Enhancing the State’s Flood Protection, and Ensuring Safe Drinking Water
80240.
 The sum of one billion three hundred fifty-five million dollars ($1,355,000,000) shall be available, upon appropriation by the Legislature, for climate resilience related to the delivery of water.
80241.
 Projects funded under this chapter shall ensure access to safe drinking water and water supply in multiyear droughts, and provide for protection from flood risks, especially risks that are magnified by sea level rise, storm surges, and increased intensity atmospheric rivers.
80242.
 (a) Before disbursing grants under this chapter, each state agency that receives funding to administer a competitive grant program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this section, it may use those guidelines.
(b) Guidelines adopted pursuant to subdivision (a) shall encourage, where feasible, the inclusion of the following project components:
(1) Efficient use and conservation of water supplies.
(2) The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(3) Provision of safe and reliable drinking water supplies to park and open-space visitors, and state fairgrounds that serve as emergency evacuation facilities.
(4) Support to groundwater sustainability agencies for regional ground water sustainability.
(5) Increased climate resilience for wildlife and fish species.
80243.
 (a) Nothing in this chapter determines or alters water rights or water right priorities.
(b) Funds provided by this chapter shall not be used to acquire land via eminent domain.
80244.
 An eligible applicant under this chapter is a public agency, joint powers authority, nonprofit organization, public utility, tribe, or mutual water company. To be eligible for funding under this chapter, a project proposed by a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
80245.
 Of the funds made available by Section 80240, three hundred ninety-five million dollars ($395,000,000) shall be available to the Department of Water Resources in collaboration with the water board, upon appropriation by the Legislature, for competitive grants for projects that support sustainable groundwater management implementation. These funds are dedicated to supporting local groundwater sustainability agencies implementing projects and programs related to the groundwater sustainability plans for critically overdrafted basins. This includes projects with multiple benefits that encourage redundancy in the regional water system, groundwater recharge, including infrastructure projects, and interties. Funding allocated pursuant to this section shall support the regional approach identified in the Water Resilience Portfolio and shall be used for comprehensive regional projects that include water efficiency, water infrastructure, flood control, and groundwater recharge. Projects shall demonstrate multiple water resilience benefits.
80246.
 Of the funds made available by Section 80240, three hundred sixty million dollars ($360,000,000) shall be available to the water board, upon appropriation by the Legislature, for competitive grants or loans for the purposes described in Chapter 5 (commencing with Section 79720) of Division 26.7 of the Water Code to help provide clean, safe, and reliable drinking water to all Californians.
80247.
 Of the funds made available by Section 80240, four hundred million dollars ($400,000,000) shall be available to the Natural Resources Agency and its departments, boards, and conservancies for the protection and restoration of rivers, lakes, and streams to improve climate resilience, water supplies, water quality, and other benefits. To the extent feasible, preference shall be given to natural infrastructure projects. Eligible projects include, but are not limited to, any of the following:
(a) Multiple benefit river and urban stream parkway projects that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and provide urban access, including for statewide obligations involving multistate agreements.
(b) At least 60 percent of the funds shall be available to the Natural Resources Agency for capital outlay projects that provide air quality and habitat benefits and that implement state obligations in arid, desert areas of the state.
80248.
 (a) Of the funds made available by Section 80240, one hundred fifty million dollars ($150,000,000) shall be available for flood management projects that are components of multiple benefit flood management system improvements that reduce risks to public safety and provide improvement to wildlife habitat. Eligible project types include, but are not limited to, levee setbacks, projects connecting rivers with flood plains, enhancement of flood plains and bypasses, offstream groundwater recharge, and land acquisitions and easements necessary for these project types. To the extent feasible, project selection shall be guided by approved local hazard mitigation plans and preference shall be given to natural infrastructure projects. Eligible projects include any of the following:
(1) Multiple benefit flood management projects that reduce the impacts of climate change on inland or coastal infrastructure, communities, or ecosystems, and provide ecosystem, wildlife, or groundwater recharge benefits.
(2) Natural infrastructure projects to reduce flood intensity and slow watershed runoff.
(3) Projects that capture, clean, or otherwise productively use stormwater.
(4) Projects that provide matching grants for, or otherwise leverage funding from, the Federal Emergency Management Agency, the United States Army Corps of Engineers, or other federal mitigation and resilience funding.
(5) Projects that provide benefits to fish, waterfowl, wildlife, and anadromous and other native fish species along migratory corridors.
(6) Projects that restore streams to a more natural state by removing drainage obstructions, culverts, and paved channels to enable more stormwater to be absorbed and gradually released by soil and plants.
(b) Of the funds made available pursuant to this section, at least fifty million dollars ($50,000,000) shall be allocated for multiple benefit flood management projects in urban coastal watersheds.
80249.
 Of the funds made available by Section 80240, fifty million dollars ($50,000,000) shall be available to the Central Valley Flood Protection Board for further development of the State Plan of Flood Control, including the San Joaquin River and Sacramento Valley flood risk management plans. The Central Valley Flood Protection Board shall ensure equitable distribution of funds.
80250.
 To the extent feasible, a project that includes water efficiencies, stormwater capture for infiltration or reuse, or carbon sequestration features in the project design may be given priority for grant funding under this chapter.
80251.
 Moneys allocated by this chapter shall not be used to fulfill any environmental mitigation requirements imposed by law, including paying for the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, mitigation, or maintenance of those facilities.
80252.
 To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, and resource conservation districts, shall be given preference for receipt of a grant under this chapter.
CHAPTER  5. Protecting Fish, Wildlife, Natural Areas, Working Lands, and Agriculture from Climate Risks
80260.
 The sum of one billion three hundred million dollars ($1,300,000,000) shall be available, upon appropriation by the Legislature, for the purposes of this chapter. Projects pursuant to this chapter shall have the goal to do any of the following:
(a) Restore natural lands to better maintain ecosystem benefits as climate conditions change.
(b) Enhance fish and wildlife corridors and habitat linkages to enhance the ability of wildlife to adapt to changing climate conditions.
(c) Protect our farms, ranches, and working lands from changing climate conditions.
80261.
 (a) Of the funds made available by Section 80260, four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for the protection of California’s fish and wildlife resources in response to changing climate conditions, as well as for restoration and stewardship projects that restore or manage land or habitat to improve its resilience to climate impacts and natural disasters. Eligible projects include, but are not limited to, the following:
(1) Salmon and other fishery preservation, enhancement, and habitat restoration projects.
(2) Projects to protect and restore wetlands and other fish and wildlife habitat, including, but not limited to, habitat used by migratory birds.
(3) Projects for the protection and restoration of fish and wildlife corridors and habitat linkages, the construction or repair of corridors, and the removal or modification of barriers. Projects may include planning, monitoring, and data collection necessary to track movement of wildlife around and across transportation facilities and to establish the best locations to construct wildlife crossing features, including fish passage improvements.
(4) Land acquisition projects, including, but not limited to, those that protect land from development or prevent the conversion of rangeland, grazing land, or grassland to nonagricultural uses.
(5) Projects for conservation actions on private lands, including, but not limited to, incentives, matching grants, and technical assistance for private landowners to implement conservation actions.
(6) Projects for the protection of threatened and endangered species, including projects within natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) or habitat conservation plans. Projects may include land acquisition through either easement or fee title.
(7) Projects that include acquisition of water or water rights from willing sellers, acquisition of land that includes water rights or contractual rights to water, and other projects that provide water for fish and wildlife or improve aquatic or riparian habitat conditions.
(8) Projects for the development and implementation of regional conservation investment strategies that include climate resilience elements and are not otherwise funded by the state pursuant to Section 800 of the Streets and Highways Code.
(9) Restoration activities to control or eradicate invasive plants or insects that degrade wildlife corridors or habitat linkages, inhibit the recovery of threatened or endangered species, or reduce the climate resilience of a natural system and its species.
(10) Protection and restoration of redwood forests in order to accelerate old growth characteristics, maximize carbon sequestration, improve water quality, and build climate resilience.
(11) Protection and restoration of oak woodlands pursuant to Section 1363 of the Fish and Game Code and grasslands pursuant to Section 10330 of the Public Resources Code.
(b) Funding made available by subdivision (a) shall not be used to offset mitigation obligations otherwise required, but may be used as part of a funding partnership to enhance, expand, or augment conservation efforts required by mitigation.
80262.
 Of the funds made available by Section 80260, one hundred million dollars ($100,000,000) shall be available to the Wildlife Conservation Board for groundwater sustainability projects that provide wildlife habitat. Projects may support implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code). Eligible projects include, but are not limited to, the following:
(a) Projects that create, protect, or restore permanent wildlife habitat.
(b) Projects that permanently create, protect, or restore seasonal wetland habitat that provides aquifer replenishment.
(c) Projects that improve groundwater supply, including groundwater recharge, improved baseflows in rivers and streams, and groundwater supply improvement for fish and wildlife habitat.
(d) (1) Projects that convert land to lesser water use while maintaining natural and working lands.
(2) Any groundwater recharge achieved under this section shall remain in the basin to improve groundwater conditions. Payments shall be linked to achievement and delivery of defined conservation outcomes, the duration of those outcomes, and the commitment of matching funds.
80263.
 Of the funds made available by Section 80260, one hundred million dollars ($100,000,000) shall be available to the Department of Fish and Wildlife to improve the climate resilience of fish and wildlife habitat. Eligible projects include, but are not limited to, the following:
(a) Projects on lands managed by the Department of Fish and Wildlife to reduce the risks of fire, flood, inundation, sea level rise, and other risks associated with climate change and for the protection and restoration of infrastructure and natural resources.
(b) Competitive grants for projects that enhance or restore inland or diadromous native fish species habitat. Projects include, but are not limited to, enhanced stream flows, improved fish passage, reconnection of riverine and floodplain habitat, and other actions to help fish adapt to climate change.
80264.
 To the extent feasible in implementing this chapter, a state agency receiving funding under this chapter shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Projects on private lands shall be evaluated based on the durability of the benefits created by the investment. Funds may be used for payments for the protection or creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species, including through the development and implementation of habitat credit exchanges.
80265.
 (a) Of the funds made available pursuant to Section 80260, the sum of five hundred million dollars ($500,000,000) shall be available to the Natural Resources Agency for conservancies specified in subdivision (b). The Natural Resources Agency shall allocate funds according to each conservancy’s governing statutes and funds shall be for climate resilience and reducing the risks of climate change impacts upon communities, fish and wildlife, and natural resources.
(b) The conservancy that are eligible for these funds include Baldwin Hills Conservancy, State Coastal Conservancy, California Tahoe Conservancy, Coachella Valley Mountains Conservancy, Sacramento-San Joaquin Delta Conservancy, San Diego River Conservancy, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, San Joaquin River Conservancy, Santa Monica Mountains Conservancy, Sierra Nevada Conservancy, and any subsequent conservancies approved by the Legislature, including changes to those conservancies. The State Coastal Conservancy’s allocation shall include projects for its San Francisco Bay Area Conservancy Program and the Santa Ana River Conservancy programs.
(c) The Natural Resources Agency, in consultation with the Wildlife Conservation Board, shall allocate funds based on a review of the strength of the information outlined in each conservancy’s climate resiliency plan required pursuant to Section 80266. The Natural Resources Agency shall allocate no less than ten million dollars ($10,000,000) of the funds made available pursuant to this section to each conservancy.
(d) When allocating funds pursuant to this section, the Natural Resources Agency shall give preference to all of the following:
(1) Projects that use natural infrastructure.
(2) Projects done jointly by more than one conservancy.
(3) Projects that maximize greenhouse gas reductions.
(4) Conservancies that provide technical assistance to disadvantaged communities, vulnerable populations, including those with access and functional needs, at-risk infrastructure, socially disadvantaged farmers or ranchers, and economically distressed areas.
(e) On or before March 1, 2021, the Natural Resources Agency shall develop and provide guidelines for climate resiliency plans to each conservancy.
(f) The Natural Resources Agency shall hold at least one public workshop before allocating the funds made available pursuant to this section and shall make information describing the final allocation publicly available on its internet website.
80266.
 (a) On or before January 1, 2022, the Baldwin Hills Conservancy, State Coastal Conservancy, California Tahoe Conservancy, Coachella Valley Mountains Conservancy, Sacramento-San Joaquin Delta Conservancy, San Diego River Conservancy, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, San Joaquin River Conservancy, Santa Monica Mountains Conservancy, and Sierra Nevada Conservancy shall develop a climate resiliency plan that shall be adopted by each conservancy’s governing board. Each climate resiliency plan shall do all of the following:
(1) Describe how the impacts of climate change relate to the conservancy’s mission and how they will affect the lands within its jurisdiction.
(2) Describe the conservancy’s past investment and work addressing the impacts of climate change, reducing greenhouse gas emissions, and improving climate resiliency.
(3) Outline a list of all projects or programs that the conservancy would propose to fund with an allocation by the Natural Resources Agency pursuant to Section 80265.
(4) Describe the potential benefits of each project or program in increasing climate resilience and reducing the risks of climate change impacts upon communities, fish and wildlife, and natural resources.
(b) Each conservancy shall make the climate resiliency plan available on its internet website and provide the climate resiliency plan to the Natural Resources Agency.
80267.
 (a) For purposes of this section, “small- and medium-sized farms” means farms and ranches of 500 acres or less.
(b) Of the funds made available by Section 80260, two hundred million dollars ($200,000,000) shall be available, upon appropriation by the Legislature, for purposes of protecting California’s agricultural resources, open spaces, and lands from climate resilience. Projects pursuant to this chapter shall have climate resiliency goals including:
(1) Improving soil health to allow for better water retention, carbon sequestration, and reduced soil erosion to improve resiliency from droughts and floods while improving water quality.
(2) Improve on-farm water efficiency to improve resiliency from multiyear droughts.
(3) Improve the state’s ability to respond to risks from invasive species.
(c) Of the funds made available by subdivision (b), one hundred fifty million dollars ($150,000,000) shall be available to the Department of Food and Agriculture for improvements in climate resilience of agricultural lands and ecosystem health and allocated to eligible projects as follows:
(1) (A) Fifty million dollars ($50,000,000) for grants to promote practices on farms and ranches that improve soil health, accelerate atmospheric carbon removal or soil carbon sequestration, improve water quality, enhance groundwater recharge and surface water supplies, or improve fish or wildlife habitat.
(B) At least 35 percent of the funds allocated pursuant to this paragraph shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in disadvantaged communities.
(C) Priority shall be given to small- and medium-sized farms and socially disadvantaged farmers and ranchers.
(2) (A) Forty million dollars ($40,000,000) for grants to promote on-farm water use efficiency with a focus on multiple benefit projects that improve groundwater management, climate resiliency, water quality, surface water use efficiency, drought and flood tolerance, or water supply and water quality conditions for fish and wildlife.
(B) At least 35 percent of the funds allocated pursuant to this paragraph shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in disadvantaged communities.
(C) Priority shall be given to small- and medium-sized farms and socially disadvantaged farmers and ranchers.
(3) Forty million dollars ($40,000,000) for projects that promote the reduction of methane emissions from dairy and livestock operations and improved water quality through alternative manure management and handling, including, but not limited to, the creation of composted manure products. Projects shall not include the funding of anaerobic digesters.
(4) Twenty million dollars ($20,000,000) to be deposited in the Invasive Species Account established pursuant to Section 7706 of the Food and Agricultural Code for purposes of funding invasive species projects and activities recommended by the Invasive Species Council of California. Priority shall be given to projects that restore and protect ecosystem health.
(d) Of the funds made available by subdivision (b), fifty million dollars ($50,000,000) shall be available to the Department of Conservation for projects for the protection, restoration, and enhancement of farmland and rangeland, including, but not limited to, the acquisition of fee titles or easements, that improve climate resilience, open-space soil health, atmospheric carbon removal, soil carbon sequestration, erosion control, watershed restoration, conservation projects, water quality, water retention, and provide multiple benefits. In awarding funds for farmland and rangeland projects pursuant to this section, the Department of Conservation shall give preference to projects for small- and medium-sized farms At least 35 percent of the funds allocated pursuant to this section shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in severely disadvantaged communities.
80268.
 Funds provided by this chapter shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities.
CHAPTER  6. Strengthening California’s Regional Climate Resilience
80270.
 The sum of one billion six hundred million dollars ($1,600,000,000) shall be made available, upon appropriation by the Legislature, for the purposes of strengthening California’s climate resilience based on projects tailored to its unique regions.
80271.
 (a) Of the funds made available by Section 80270, one billion three hundred million dollars ($1,300,000,000) shall be available to the Strategic Growth Council for the reduction in the risk of climate impacts to communities, including, but not limited to, wildfire, sea level rise, and extreme heat events. The goal of these funds is to encourage the development and implementation of multiple-benefit, cross-sector projects that respond to the region’s greatest climate vulnerabilities.
(b) Funds made available by this section shall be available to regional climate networks to implement the highest priority projects identified in approved regional climate adaptation action plans.
(c) Funds made available by this section shall be for public benefits associated with climate resiliency projects that reduce climate vulnerabilities.
(d) Funds made available by this section shall be allocated to regional climate networks, as follows:
(1) At least 60 percent of funds shall be available to regional climate networks based on the percentage of the state’s population included in the jurisdiction of the network’s regional climate adaptation action plan, but not less than two million dollars ($2,000,000) per network.
(2) The remaining funds may be provided to increase the size of the awards under paragraph (1) to the extent the approved regional climate adaptation action plan does any of the following:
(A) Protects vulnerable populations.
(B) Protects natural resources prioritized by the state.
(C) Enhances statewide climate adaptation strategies, as identified by the most recent update of the Safeguarding California Plan developed by the Natural Resources Agency.
(D) Reduces or sequesters carbon emissions.
(E) Scales to maximize effectiveness of response.
(F) Includes information regarding the regional climate network’s ability to secure matching funds for projects identified within the plan.
80272.
 Of the funds made available by Section 80270, two hundred million dollars ($200,000,000) shall be available to the Strategic Growth Council for a competitive grant program to reduce the urban heat island effect. Priority shall be given to projects that provide multiple benefits, including rainwater capture, reduction of stormwater pollution, and increased use of natural spaces for urban vegetation and forestry.
80273.
 Of the funds made available by Section 80270, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, to the Department of Food and Agriculture for grants to fairgrounds operated by the network of California fairs for modifications or upgrades that do either or both of the following activities:
(a) Enhance the ability of those facilities to serve as multirole community, staging, and evacuation centers to provide community resilience benefits during a disaster, state of emergency, local emergency, or public safety power shutoff event.
(b) Deploy communications and broadband infrastructure at those facilities to improve their capability to serve as a multirole community, staging, and evacuation centers and enhance local telecommunications service.
CHAPTER  7. Fiscal Provisions
80280.
 (a) Bonds in the total amount of six billion nine hundred eighty million dollars ($6,980,000,000), not including the amount of any refunding bonds issued in accordance with Section 80292, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, issued, and delivered, shall 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 the principal of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall cause the issuance and sell the bonds authorized by the committee pursuant to this section. The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
80281.
 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), as amended from time to time, and all of the provisions of that law, except subdivisions (a) and (b) of Section 16727 of the Government Code, apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division.
80282.
 (a) Solely for the purpose of authorizing the issuance and sale, pursuant to 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), of the bonds authorized by this division, the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee is hereby created. For purposes of this division, the Economic Recovery, Wildfire Prevention, Safe Drinking Water,, Drought Preparation, and Flood Protection Bond Finance Committee is the “committee,” as that term is used in the State General Obligation Bond Law.
(b) The committee consists of the Director of Finance, the Treasurer, the Controller, and the Secretary of the Natural Resources Agency. Notwithstanding any other law, any member may designate a representative to act as that member in that member’s place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as the chairperson of the committee.
(d) A majority of the committee may act for the committee.
80283.
 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by 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.
80284.
 For purposes of 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), “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.
80285.
 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 state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty regarding the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.
80286.
 Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division, and without regard to fiscal years, 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 that is necessary to carry out Section 80289.
80287.
 The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding any refunding bonds authorized pursuant to Section 80292, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 80289 and not yet returned to the General Fund. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this division.
80288.
 Notwithstanding any other provision of this division, or of 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), if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
80289.
 For 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 by the committee to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80292, less any amount loaned pursuant to Section 80287 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this division. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division.
80290.
 All moneys deposited in the fund that are derived from premiums and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premiums may be reserved and used to pay the cost of bond issuance before any transfer to the General Fund.
80291.
 Pursuant to 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), the cost of bond issuance shall be paid or reimbursed out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be allocated proportionally to each program funded through this division by the applicable bond sale.
80292.
 The bonds issued and sold pursuant to this division 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, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this division shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.
80293.
 Notwithstanding Section 16727 of the Government Code, funds provided pursuant to this division may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code related to projects that are consistent with the purpose of the respective provisions of this division.
80294.
 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, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 3.
 Section 2 of this act shall take effect upon the approval by the voters of the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020, as set forth in Section 2 of this act.
SEC. 4.
 (a) (1) Notwithstanding Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code, or any other law, Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 3, 2020, statewide general election.
(2) The requirement of Section 9040 of the Elections Code that a measure submitted to the people by the Legislature appear on the ballot of the November 3, 2020, statewide general election occurring at least 131 days after the adoption of the proposal by the Legislature shall not apply to Section 2 of this act.
(b) The Secretary of State shall include in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code the information specified in Section 9084 of the Elections Code regarding Section 2 of this act. If that inclusion is not possible, the Secretary of State shall publish a supplemental ballot pamphlet regarding Section 2 of this act to be mailed with the ballot pamphlet. If the supplemental ballot pamphlet cannot be mailed with the ballot pamphlet, the supplemental ballot pamphlet shall be mailed separately.
(c) Notwithstanding Section 9054 of the Elections Code or any other law, the translations of the ballot title and the condensed statement of the ballot title required pursuant to Section 9054 of the Elections Code for Section 2 of this act may be made available for public examination at a later date than the start of the public examination period for the ballot pamphlet.
(d) Notwithstanding Sections 13115 and 13117 of the Elections Code, Section 2 of this act and any other measure placed on the ballot by the Legislature for the November 3, 2020, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number.
SEC. 5.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020 is placed on the ballot for the November 3, 2020, statewide general election and that revenues from the sale of bonds authorized under the Economic Recovery, Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020, if approved by the voters, are available as soon as possible to fund programs for the economic recovery of the state, it is necessary for this act to take effect immediately.