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ACA-3 Clean Water for All Act.(2019-2020)

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ACA3:v98#DOCUMENT

Corrected  March 21, 2019
Amended  IN  Assembly  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Constitutional Amendment
No. 3


Introduced by Assembly Members Mathis and Eduardo Garcia Mathis, Eduardo Garcia, Blanca Rubio, and Salas
(Coauthor: Assembly Member Gallagher)
(Coauthors: Senators Borgeas, Chang, and Wilk)

January 16, 2019


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 8 to Article X thereof, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


ACA 3, as amended, Mathis. Water: minimum funding guarantee. Clean Water for All Act.
Under existing law, the Department of Water Resources performs duties relating to water resources throughout the state, and the State Water Resources Control Board exercises regulatory functions relating to water quality. Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program.
The California Constitution provides that, from all state revenues, there shall first be set apart the moneys to be applied by the state for support of the public school system and public institutions of higher education, and establishes a minimum amount to be applied for the support of school districts and community college districts, as specified.
This measure measure, the Clean Water for All Act, would additionally require, commencing with the 2021–22 fiscal year, not less than 2% of specified state revenues to be set apart for the payment of principal and interest on bonds authorized pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014; water supply, delivery, and quality projects administered by the department, and water quality projects administered by the state board, as provided.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2018–19 2019–20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First—

 This measure shall be known, and may be cited, as the Clean Water for All Act.
That Section 8 is added to Article X thereof, to read:

Second—

 That Section 8 is added to Article X thereof, to read:

SEC. 8.
 (a) In addition to revenues set apart pursuant to Section 8 of Article XVI, there shall be set apart, for allocation pursuant to subdivision (b), not less than two 2 percent of the General Fund revenues that may be appropriated for the State pursuant to Article XIII B for a fiscal year.
(b) Amounts set apart pursuant to subdivision (a) are hereby continuously appropriated to the Controller each fiscal year, without regard to fiscal years, for allocation as follows:
(1) Five percent shall be allocated for the payment of principal and interest on bonds authorized pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code).
(2) The amount remaining after the allocation in paragraph (1)shall be allocated as follows:
(A) Sixty percent shall be allocated to the Department of Water Resources, or its successor agency, for water supply, delivery, and quality projects, including, but not limited to, recycled water projects, water conveyance projects, groundwater recharge projects, subsidence abatement projects, and water infrastructure and storage projects. When expending these moneys, the Department of Water Resources is encouraged to grant priority to projects that address deferred maintenance.
(B) Forty percent shall be allocated to the State Water Resources Control Board, or its successor agency, for water quality projects, including, but not limited to, drinking water improvement projects, groundwater cleanup projects, and emergency drinking water projects. The State Water Resources Control Board shall not use moneys allocated pursuant to this subparagraph for water quality enforcement actions.
(c) The following moneys shall not count toward the minimum percentage requirement in subdivision (a):
(1) Amounts available to the Department of Water Resources or the State Water Resources Control Board, or their successor agencies, by statute, through a continuous appropriation.
(2) Amounts derived from fines, fees, or penalties collected, or donations received, by the Department of Water Resources or the State Water Resources Control Board, or their successor agencies, and dedicated by law for use by either agency.
(3) Amounts derived from the issuance of general obligation bonds or revenue bonds and allocated to the Department of Water Resources or the State Water Resources Control Board, or their successor agencies.
(4) Amounts used for the payment of principal and interest on general obligation bonds or revenue bonds, the proceeds of which are allocated to the Department of Water Resources or the State Water Resources Control Board, or their successor agencies, except as provided in paragraph (1) of subdivision (b).
(5) Amounts available to the Department of Water Resources or the State Water Resources Control Board, or their successor agencies, from a previous fiscal year.
(6) Amounts made available for functions performed before July 1, 2021, by a department, agency, board, or commission of the State other than the Department of Water Resources or the State Water Resources Control Board, or their successor agencies.
(d) (1) The requirements of this section shall apply to each fiscal year commencing with the 2021–22 fiscal year.
(2) The Director of Finance, by May 14, 2022, and by May 14 of each fiscal year thereafter, shall submit to the Legislature an estimate of the amount required to be allocated pursuant to subdivision (a) for the subsequent fiscal year.

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CORRECTIONS:
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