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SB-45 Wildfire, Drought, and Flood Protection Bond Act of 2020.(2019-2020)

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Date Published: 04/04/2019 09:00 PM
SB45:v97#DOCUMENT

Amended  IN  Senate  April 04, 2019
Amended  IN  Senate  March 05, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 45


Introduced by Senator Allen
(Coauthor: Senator Stern)

December 03, 2018


An act to add Division 46 (commencing with Section 80200) to the Public Resources Code, relating to public resources, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 45, as amended, Allen. Wildfire, Drought, and Flood Protection Bond Act of 2020.
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in an amount of $4,000,000,000 the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.
This bill would enact the Wildfire, Drought, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in an the amount of $4,300,000,000 pursuant to the State General Obligation Bond Law to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy forest and watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water supply and water quality, protect rivers, lakes, and streams, reduce flood risk, protect fish and wildlife from climate impacts, improve climate resilience of agricultural lands, and protect coastal lands and resources.
This bill would provide for the submission of these provisions to the voters at the ____, 2020, ____ election.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Division 46 (commencing with Section 80200) is added to the Public Resources Code, to read:

DIVISION 46. WILDFIRE, DROUGHT, AND FLOOD PROTECTION BOND ACT OF 2020

CHAPTER  1. General Provisions

80200.
 This division shall be known, and may be cited, as the Wildfire, Drought, and Flood Protection Bond Act of 2020.

80201.
 The people of California find and declare all of the following:
(a) California’s changing climate creates increased risk of catastrophic wildfire, drought, floods, severe heat events, intense rain events, sea level rise, as well as impacts to agriculture, water supply and water quality, and the health of the forests, watersheds, and wildlife.
(b) These risks and impacts vary by region and can overwhelm the resources of local governments that must cope with severe climate change-related events.
(c) Reducing vulnerability to fire, flood, drought, and other climate-change related events require a statewide investment to increase climate resilience of communities and natural systems.

80202.
 For purposes of this division, the following definitions apply:
(a) “Committee” means the Wildfire, Drought, and Flood Protection Finance Committee created pursuant to Section 80402.
(b) “Conservation actions on private lands” means actions undertaken on private land with the consent of the landowner that involve the adaptative adaptive flexible management of and protection of natural resources in response to changing conditions and threats to habitat and wildlife and that result in habitat conditions on private lands that, when managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems and enhanced wildlife populations. The actions undertaken may include the acquisition of conservation interest or fee interests in the private land.
(c) “Disadvantaged community” means a community with a median household income less than 80 percent of the statewide average.
(d) “Fund” means the Wildfire, Drought, and Flood Protection Fund created pursuant to Section 80210.
(e) “Natural infrastructure project” means a project for the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, contribute to the long-term health and resiliency of vital ecosystems, and enhance wildlife populations.
(f) (1) “Protection” means any of the following:
(A) Actions necessary to prevent harm or damage to persons, property, or natural, cultural, or historic resources.
(B) Actions to improve access to public open-space areas.
(C) Actions to allow for the continued use and enjoyment of property or natural, cultural, or historic resources.
(2) For purposes of the this subdivision, “actions” include, but are not limited to, site monitoring, development, restoration, preservation, interpretation, and acquisition, including both fee-title fee title and easements.
(g) (1) “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, any of the following:
(A) The control of erosion.
(B) Stormwater capture and storage, or to otherwise reduce stormwater pollution.
(C) The control and elimination of invasive species.
(D) The planting of native species.
(E) The removal of waste and debris.
(F) Prescribed burning.
(G) Fuel hazard reduction.
(H) Fencing out threats to existing or restored natural resources.
(I) Road elimination.
(J) Improving instream, riparian, or managed wetland habitat conditions.
(K) Other plant and wildlife habitat improvement to increase the natural system value of the property, or coastal or ocean resources.
(2) “Restoration” includes activities described in subdivision (b) of Section 79737 of the Water Code.
(3) “Restoration” also includes activities, such as the planning, monitoring, and reporting that are necessary to ensure successful implementation of the restoration objectives.
(h) “Socially disadvantaged farmer or rancher” has the same meaning as set forth in Section 512 of the Food and Agricultural Code.
(i) “State board” means the State Air Resources Board.
(j) “Tribe” means a federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(k) “Vulnerable population” means a subgroup of population within a region or community that faces a significantly greater likelihood of injury from extreme climate events or natural disasters, including, but not limited to, wildfire, extreme heat, and flood, than the general population of that region or community.
(l) “Water board” means the State Water Resources Control Board.

80203.
 An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.

80204.
 (a) Except as provided in subdivision (b), up to 10 percent of funds allocated for each program funded by this division may be expended, including, but not limited to, by grants, for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section 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. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this division. Monitoring may include measuring greenhouse gas emissions reductions and carbon sequestration associated with program expenditures under this division.
(b) Funds used for planning projects that benefit disadvantaged communities or socially disadvantaged farmers or ranchers may exceed 10 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.

80205.
 (a) Moneys allocated pursuant to this division shall not be used to fulfill any environmental mitigation requirements imposed by law.
(b) Subdivision (a) does not preclude the use of moneys awarded pursuant to this division for purposes of providing safe drinking water or improving water quality.

80206.
 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.

80207.
 For grants awarded for projects that serve a disadvantaged community or socially disadvantaged farmers or ranchers, the administering entity may provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. The administering entity 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.

80208.
 (a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 80412, shall be deposited in the Wildfire, Drought, and Flood Protection Fund, which is hereby created in the State Treasury.
(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) Two hundred million dollars ($200,000,000) for restoring areas impacted by wildfire, flood, drought, or other natural disasters resulting from climate change. disasters.
(2) One billion dollars ($1,000,000,000) for reducing wildfire risk.
(3) Six hundred million dollars ($600,000,000) for creating healthy forests and watersheds.
(4) Three hundred million dollars ($300,000,000) for reducing climate impacts on urban areas and vulnerable populations.
(5) Six hundred million dollars ($600,000,000) for protecting water supply and water quality.
(6) Three hundred million dollars ($300,000,000) for protecting rivers, lakes, and streams.
(7) Three hundred million dollars ($300,000,000) for multibenefit flood management projects.
(8) Three hundred million dollars ($300,000,000) for protecting fish and wildlife and natural resources from climate impacts.
(9) Two hundred million dollars ($200,000,000) for improving climate resilience of agricultural lands.
(10) Three hundred million dollars ($300,000,000) for protecting coastal lands, waters, natural resources, and wildlife.
(11) One hundred fifty million dollars ($150,000,000) for improving regional climate resilience.
(12) Fifty million dollars ($50,000,000) for enhancing workforce development.

80209.
 The Legislature may enact legislation necessary to implement programs funded by this division.

CHAPTER  2. Restoring Areas Impacted by Fire, Flood, Drought, and Other Climate Impacts

80220.
 The sum of two hundred million dollars ($200,000,000) shall be available for appropriation by the Legislature to the Office of Emergency Services for the restoration of areas impacted by wildfire, flood, drought, or other natural disasters resulting from climate change. disasters. Eligible projects include, but are not limited to, grants to public agencies for revegetation and other projects to reduce erosion, flood, and mudslide risk, clean up cleanup of damaged or hazardous sites, upgrades to damaged or destroyed infrastructure to enhance public safety and make the infrastructure more resilient to future fire, flood, and other natural disasters, and habitation restoration on both public and private lands. Funds authorized by this chapter may be used to meet matching grant requirements for the Federal Emergency Management Agency or other federal mitigation and resiliency grant programs.

CHAPTER  3. Reducing Wildfire Risk in Wildland Urban Interface

80230.
 The sum of one billion dollars ($1,000,000,000) shall be available for appropriation by the Legislature for the reduction in the risk of wildfire threat to lives, properties, and natural habitats.

80231.
 Of the funds made available by Section 80230, the sum of ____ dollars ($____) shall be available to the Office of Emergency Services 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. Eligible projects include, but are not limited to, the following:
(a) Grants to local and state agencies for projects that reduce wildfire risks to people and property consistent with approved local hazard mitigation plans.
(b) Grants to local and state agencies for improvements to warning and evacuation systems and improvements in fire and disaster response communication and infrastructure.
(c) Grants to fire safe councils for development and implementation of community wildfire protection plans that promote and incentivize structural and community retrofit projects, defensible space, fuel breaks, and other projects to improve fire resilience.

80232.
 (a) Of the funds made available by Section 80230, the sum of ____ dollars ($____) shall be available to the Natural Resources Agency and to its departments, boards, and conservancies for projects to reduce the risk of wildfire spreading into populated areas from wildlands and to support the development and implementation of regional priority plans the Regional Fire and Forest Capacity Program to improve forest health and fire resiliency. The Natural Resources Agency shall identify the highest risk areas that are near communities and recommend to the Legislature allocations by region based on wildfire risk and affected population. Eligible projects include, but are not limited to, either of the following:

(a)

(1) Restoration of natural ecosystem functions in high fire hazard areas with preference given to those projects that provide multiple benefits, including, but not limited to, protection of agricultural lands, habitat protection, watershed improvement, and science-based vegetation treatment programs that provide long-term reduction of wildfire risk and protect lives and properties.

(b)

(2) Other projects that reduce wildfire risk to populated areas, protect habitat, wildfire, wildlife, or watershed resources, and increase wildfire resilience through enhancing the long-term ecological health of natural systems.
(3) Grants to fire safe councils and resource conservation districts for development and implementation of community wildfire protection plans that promote and create incentives for structural and community retrofit projects, defensible space, and other projects to improve fire resilience.
(b) Grants made for the purposes of fire risk reduction shall be secured with management plans, conservation easements, or other agreements that ensure the benefits of the proposed project persist longer than the debt incurred pursuant to this division. Granting agencies shall incorporate a preference for projects that maintain permanent benefits.

CHAPTER  4. Reducing Fire Risk Through the Creation of Healthy Forests and Watersheds

80240.
 (a) The sum of six hundred million dollars ($600,000,000) shall be available for appropriation by the Legislature to the Natural Resources Agency and its departments, boards, and conservancies for the protection, restoration, and improvement of forests, including redwoods, conifers, oak woodlands, chaparral, deserts, coastal forests, and other habitat types to ensure the long-term ecological health of these natural systems, to reduce risk of extreme wildfires, floods, and other climate impacts, and to improve water supply and water quality, carbon sequestration, community access, and other public benefits. Projects shall be consistent with the California Forest Carbon Plan, based on the best available science regarding forest and ecosystem restoration, and shall be undertaken to protect and restore ecological values and to promote conditions that are more resilient to wildfire, climate change, and other disturbances. Eligible projects include, but are not limited to, grants to assist with the following:

(a)

(1) Protection and restoration of large, intact forests and other natural landscape, prevention of forest fragmentation through subdivision, and restoration of natural fire regimes and climate resilient conditions.

(b)

(2) Protection and restoration of watersheds, wet meadows, floodplains, flood plains, and wetlands, including efforts to prevent increased sedimentation in streams, and loss of groundwater retention capacity. Funds expended pursuant to this paragraph on the central valley flood plain restoration shall be dedicated to the implementation of multibenefit flood management projects that reduce risks to public safety and provide improvements to wildlife habitat.

(c)

(3) Improvement of forest and ecosystem resilience, and reduction of tree-pest tree mortality from pests and impacts from invasive species.

(d)

(4) Infrastructure investments consistent with the recommendations developed pursuant to Section 717.

(e)

(5) Establishment of regional forest and ecosystem restoration projects that include plant nurseries, reforestation, and revegetation projects, to promote climate resilient ecosystems in climate stressed areas.

(f)

(6) Development and implementation of plans developed as part of the Natural Resources Agency’s Regional Forest and Fire Capacity Program.
(b) Grants made for the purposes of fire risk reduction shall be secured with management plans, conservation easements, or other agreements that ensure the benefits of the proposed project persist longer than the debt incurred pursuant to this division. Granting agencies shall incorporate a preference for projects that maintain permanent benefits.

CHAPTER  5. Reducing Climate Risks in Urban Areas and on Vulnerable Populations

80250.
 The sum of three hundred million dollars ($300,000,000) shall be available for appropriation by the Legislature for the reduction of climate impacts on urban areas and vulnerable populations. Eligible projects include, but are not limited to, the following:
(a) Multibenefit green infrastructure projects that reduce heat island effects.
(b) Establishment of cooling centers, clean air centers, hydration stations, and facilities to safeguard vulnerable populations from extreme heat events. events and other disasters.
(c) Improvements to public infrastructure that provide climate resilience benefits, including, but not limited to, sustainable stormwater capture technologies, permeable pavement projects, rain gardens, cool roofs, and stormwater detention basins.
(d) Improvements to city, county, and regional park infrastructure to promote resilience and adaptation or the promotion and enhancement of natural resources and water conservation and efficiencies on local and regional public park lands.

CHAPTER  6. Protecting Water Supply and Water Quality

80260.
 The sum of six hundred million dollars ($600,000,000) shall be available for appropriation by the Legislature for the protection of California’s water supply and water quality. Eligible projects include, but are not limited to, the following:
(a) (1) Safe drinking water projects that include either of the following:
(A) Grants and loans for public water system infrastructure improvements and related actions to meet safe drinking water standards and ensure affordable drinking water.
(B) Upgrade projects for at-risk rural and small community water systems.
(2) Preference shall be given to projects that provide treatment for contamination or access to an a viable, long-term alternative drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical, including nitrate contaminants, and other health hazards identified by the water board. Eligible recipients are public water systems or public agencies that serve disadvantaged communities.
(b) Projects that improve water quality, promote water conservation, improve water use efficiency, or capture, treat, and use stormwater flows.
(c) Sustainable groundwater management projects that use captured stormwater and floodwaters for recharge purposes.
(d) Source watershed conservation and restoration activities consistent with Section 108.5 of the Water Code.
(e) Projects that improve water data management through enhanced quality and availability of water data.

CHAPTER  7. Protecting Rivers, Lakes, and Streams

80270.
 The sum of three hundred million dollars ($300,000,000) shall be available for appropriation by the Legislature for the protection and restoration of rivers, lakes, and streams to improve climate resiliency. To the extent feasible, preference shall be given to natural infrastructure projects. Eligible projects include, but are not limited to, the following:
(a) Multibenefit river and urban stream parkway projects that improve climate resilience, watershed protection, and urban access.
(b) Climate resilience projects identified in the Lake Tahoe Environmental Improvement Program.
(c) Projects pursuant to the Salton Sea Management Program that provide climate resilience benefits.
(d) Multibenefit watershed protection or restoration projects that improve climate resilience within the Los Angeles River Watershed and are implemented pursuant to Section 79508 of the Water Code.
(e) Watershed protection and restoration project pursuant to the Sierra Nevada Watershed Improvement Program established pursuant to Section 33345.1.
(f) Projects that restore anadromous fish access to historic spawning grounds by implementing passage improvements at to resolve migration barriers through mechanisms approved by state and federal wildlife agencies. related to the central valley rim dams consistent with the Natural Resources Agency’s California Water Action Plan and the 2014 Central Valley Salmon and Steelhead Recovery Plan.

CHAPTER  8. Flood Management Projects

80280.
 The sum of three hundred million dollars ($300,000,000) shall be available for appropriation by the Legislature to the Department of Water Resources for multibenefit flood management projects that reduce risks to public safety and provide improvement to wildlife habitat. Eligible project types include, but are not limited to, levee setbacks, connecting rivers with flood plains, enhancement of floodplains 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. Eligible projects include the following:
(a) Multibenefit 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.
(b) Natural infrastructure projects to reduce flood intensity and slow watershed runoff.
(c) Projects that capture, clean, or otherwise productively use stormwater.
(d) Projects that provide matching grants for, or otherwise leverage funding from the Federal Emergency Management Agency or other federal mitigation and resiliency funding.
(e) Projects that provide benefits to anadromous and other native fish species along migratory corridors.
(f) Projects that improve the ability of lands to buffer extreme precipitation events.
(g) Projects that restore streams to a more natural state by removing culverts and paved channels to enable more stormwater to be absorbed and gradually released by soil and plants.
(h) Projects to assist in implementation of approved sustainable groundwater management plans.

CHAPTER  9. Protecting Fish and Wildlife From Climate Impacts

80290.
 The sum of three hundred million dollars ($300,000,000) shall be available for appropriation by the Legislature to the Wildlife Conservation Board for the protection of California’s fish and wildlife resources in response to changing climate conditions and the highly variable habitat needs of fish and wildlife. Eligible projects include, but are not limited to, the following:
(a) Salmon and other fishery preservation and habitat restoration projects, including implementation of recovery actions identified by the Department of Fish and Wildlife or the National Marine Fisheries Service, and aligned with planning guidance under the federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). seq.), including projects to benefit fall-run Chinook salmon.
(b) Projects to protect and restore wetlands and wildlife habitat, including, but not limited to, refuges for migratory birds.
(c) Projects for the protection and restoration of wildlife corridors and habitat linkages, including land acquisition and the construction, repair, or construction or repair of corridors, or the removal of barriers.
(d) Land acquisition projects that protect land from development.
(e) Restoration and stewardship projects that restore or manage the land to improve its resilience to climate impacts and natural disasters.
(f) Projects for conservation actions on private lands, including, but not limited to, incentives and technical assistance for private landowners to implement conservation actions.
(g) Projects for the protection of threatened and endangered species, including projects within natural community conservation plans or habitat conservation plans. Projects may include land acquisition through either easement or fee title.
(h) Projects that include acquisition of water from willing sellers, acquisition of land that includes water rights or right to water, and other projects that provide water for fish and wildlife or improve aquatic or riparian habitat conditions.
(i) Project for the development and implementation of regional conservation investment strategies that include climate resilience elements.
(j) Multibenefit water diversion projects that improve agricultural diversion efficiency and eliminate entrainment of migratory fish species consistent with the Bay-Delta Water Quality Control Plan requirements and the Recovery Plan For The Evolutionarily Significant Units of Sacramento River Winter-run Chinook Salmon and Central Valley Spring-Run Chinook Salmon and The Distinct Population Segment of California Central Valley Steelhead, issued by and the federal National Marine Fisheries Service in July 2014. Service’s 2014 Central Valley Salmon and Steelhead Recovery Plan.

CHAPTER  10. Improving Climate Resilience of Agricultural Lands

80300.
 The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature to the Department of Food and Agriculture for the improvement in climate resilience of agricultural lands. Eligible projects include, but are not limited to, the following:
(a) Grants to promote practices on farms and ranches that improve agricultural and soil health, carbon sequestration, and erosion control, water quality quality, and water retention.
(b) Grants to promote on-farm water use efficiency with a focus on multibenefit projects that improve groundwater management, surface water use efficiency, or that improve drought and flood tolerance.
(c) Invasive species projects and restoration activities recommended by the Invasive Species Council of California.

80301.
 (a) The sum of one hundred million dollars ($100,000,000) shall be available for appropriation by the Legislature to the Department of Conservation for the protection and restoration of farmland and rangelands, including the acquisition of fee title or easements, that improve climate resilience and provide multiple benefits. Eligible projects include, but are not limited to, the following:
(1) Grants for the protection and restoration of agricultural lands, including supporting the implementation of approved sustainable groundwater management plans. lands.
(2) Restoration activities to control or eradicate invasive species.
(b) 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.

CHAPTER  11. Protecting Coastal Lands, Resources, Waters, and Wildlife

80310.
 The sum of three hundred million dollars ($300,000,000) shall be available for appropriation by the Legislature for the protection of coastal lands, beaches, bluffs, grassland, chaparral, shrubland, forests, and the waters, natural resources, trails and public access facilities, and wildlife in coastal areas from climate impacts. Eligible projects include, but are not limited to, projects to restore wetlands and forests, to ameliorate sea level rise and temperature increase, to reduce risks of coastal flooding or inundation, or to sustain native species populations impacted by various effects of climate change, including, but not limited to, ocean acidification and warming seas.

80311.
 (a) Of the funds provided in this chapter, the sum of ____ dollars ($____) shall be available for projects identified by the San Francisco Bay Area Restoration Authority to address sea level rise, flood management, and wetlands restoration.
(b) Of the funds provided in this chapter, the sum of ____ dollars ($____) shall be available for projects identified by the California Coastal Conservancy.
(c) Projects funded pursuant to this chapter shall be consistent with the sea level rise guidelines established by the California Coastal Commission and the State Coastal Conservancy, if applicable.

CHAPTER  12. Planning for Fire, Flood, Drought, and Other Climate Impacts

80320.
 The sum of one hundred fifty million dollars ($150,000,000) shall be available to the Strategic Growth Council to fund the development and implementation of regional climate strategies to improve the resiliency of local communities and natural resources to the impacts of climate change and to help local communities and natural resources adapt to a changing climate.

80321.
 (a) The Strategic Growth Council shall collaborate with state conservancies, regional climate collaboratives, and public agencies from each region of the state to determine appropriate geographic boundaries for regional and subregional strategies. The formation of the regions may be based on, or adapted from, the nine regions identified in California’s Fourth Climate Change Assessment and shall cover the entire geographic area of California.
(b) Each regional strategy shall include an assessment of climate vulnerabilities and risks and identification of environmental, economic, and social climate vulnerabilities, including impacts to vulnerable populations. Relevant regional or local plans may be used to develop the assessment.
(c) Of the funds made available pursuant to this chapter, not less than one hundred million dollars ($100,000,000) shall be available for competitive grants for the implementation of regional climate strategies.

CHAPTER  13. Climate Resilience Workforce Development

80330.
 (a) The sum of fifty million dollars ($50,000,000) shall be available for appropriation by the Legislature for resiliency and natural disaster prevention and restoration projects and programs that promote workforce development and career pathway opportunities for careers in fire prevention and management, watershed restoration, forestry, forest and vegetation management, park and open-space operations and management, fisheries management, and nature-based recreation and tourism, and sustainable forest products industries.
(b) (1) Of the moneys made available pursuant to this chapter, up to thirty million dollars ($30,000,000) shall be available for appropriation by the Legislature to the California Conservation Corps for purposes specified in subdivision (a).
(2) The California Conservation Corps may expend up to 50 percent of the funds made available pursuant to paragraph (1) as grants to certified local conservation corps for purposes specified in subdivision (a).

CHAPTER  14. Fiscal Provisions

80400.
 (a) Bonds in the total amount of four billion three hundred million dollars ($4,300,000,000) and any additional bonds authorized, issued, and appropriated in accordance with this division pursuant to other provisions of law, not including the amount of any refunding bonds issued in accordance with Section 80412, 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 sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.

80401.
 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.

80402.
 (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 Wildfire, Drought, and Flood Protection Finance Committee is hereby created. For purposes of this division, the Wildfire, Drought, and Flood Protection 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, the Secretary of the Natural Resources Agency, and the executive director of the Strategic Growth Council. 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.

80403.
 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.

80404.
 For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.

80405.
 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 in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.

80406.
 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the 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 that is necessary to carry out the provisions of Section 80409, appropriated without regard to fiscal years.

80407.
 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 refunding bonds authorized pursuant to Section 80412, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 80409 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.

80408.
 Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds 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.

80409.
 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 by the committee to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80412, less any amount loaned pursuant to Section 80407 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.

80410.
 All moneys deposited in the fund that are derived from premium 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.

80411.
 Pursuant to 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.

80412.
 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.

80413.
 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. 2.

 Section 1 of this act shall take effect upon the approval by the voters of the Wildfire, Drought, and Flood Protection Bond Act of 2020.

SEC. 3.

 Section 1 of this act shall be submitted to the voters at the ____, 2020, statewide ____ election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.

SEC. 4.

 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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to fund wildfire, drought, and flood protection programs at the earliest possible date, it is necessary that this act take effect immediately.