Today's Law As Amended


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SB-3 Safe, Clean, and Reliable Drinking Water Supply Act of 2010: flood protection.(2009-2010)



As Amends the Law Today


SECTION 1.

 Division 26.7 (commencing with Section 79700) is added to the Water Code, to read:

DIVISION 26.7. THE SAFE, CLEAN, AND RELIABLE DRINKING WATER SUPPLY ACT OF 2010

CHAPTER  1. Short Title
79700.
 This division shall be known, and may be cited, as the Safe, Clean, and Reliable Drinking Water Supply Act of 2010.
CHAPTER  2. Findings and Declarations
79701.
 The people of California find and declare all of the following:
(a) Safeguarding supplies of clean, safe drinking water to California’s homes, businesses, and farms is an essential responsibility of government, and critical to protecting the quality of life for Californians.
(b) Every Californian should have access to clean, safe, and reliable drinking water.
(c) Providing adequate supplies of clean, safe, and reliable drinking water is vital to keeping California’s economy growing and strong.
(d) Encouraging water conservation and recycling are commonsense methods to make more efficient use of existing water supplies.
(e) Protecting lakes, rivers, and streams from pollution, cleaning up polluted groundwater supplies, and protecting water sources that supply the entire state are crucial to providing a reliable supply of drinking water and protecting the state’s natural resources.
CHAPTER  3. Definitions
79702.
 Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division, as follows:
(a) “Bay Delta Conservation Plan” means the final plan prepared pursuant to the planning agreement regarding the Bay Delta Conservation Plan, dated October 6, 2006.
(b) “Bay-Delta Estuary” means the Delta, Suisun Bay, and Suisun Marsh.
(c) “CALFED Bay-Delta Program” means the program described in the Record of Decision dated August 28, 2000.
(d) “Commission” means the California Water Commission.
(e) “Committee” means the Safe, Clean, and Reliable Drinking Water Supply Finance Committee created by Section 79812.
(f) “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220.
(g) “Delta conveyance facilities” means facilities that convey water directly from the Sacramento River to the State Water Project or the federal Central Valley Project pumping facilities in the south Delta.
(h) “Delta counties” means the Counties of Solano, Yolo, Sacramento, Contra Costa, and San Joaquin.
(i) “Delta Plan” has the meaning set forth in Section 85059.
(j) “Department” means the Department of Water Resources.
(k) “Director” means the Director of Water Resources.
(l) “Disadvantaged community” has the meaning set forth in subdivision (a) of Section 79505.5.
(m) “Fund” means the Safe, Clean, and Reliable Drinking Water Supply Fund of 2010 created by Section 79720.
(n) “Integrated regional water management plan” has the meaning set forth in Section 10534.
(o) “Nonprofit organization” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code.
(p) “Public agency” means a state agency or department, district, joint powers authority, city, county, city and county, or other political subdivision of the state.
(q) “Secretary” means the Secretary of the Natural Resources Agency.
(r) “State General Obligation Bond Law” means 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).
CHAPTER  4. General Provisions
79705.
 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.
79706.
 Up to 10 percent of funds allocated for each program funded by this division may be expended 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. Water quality monitoring shall be integrated into the surface water ambient monitoring program administered by the State Water Resources Control Board.
79707.
 Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development or implementation of programs or projects authorized or funded under this division other than Chapter 8 (commencing with Section 79740).
79708.
 (a) Prior to disbursing grants pursuant to this division, each state agency that is required to administer a competitive grant program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines may include a limitation on the dollar amount of grants to be awarded.
(b) Prior to disbursing grants, the state agency shall conduct three public meetings to consider public comments prior to finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley, and one meeting shall be conducted at a location in southern California. Upon adoption, the state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
79709.
 It is the intent of the people that the investment of public funds pursuant to this division will result in public benefits.
79710.
 The State Auditor shall annually conduct a programmatic review and an audit of expenditures from the fund. The State Auditor shall report its findings annually on or before March 1 to the Governor and the Legislature, and shall make the findings available to the public.
79711.
 Funds provided by this division shall not be expended to support or pay for the costs of environmental mitigation measures or compliance obligations of any party except as part of the environmental mitigation costs of projects financed by this division, or for costs for environmental cleanup pursuant to the requirements of Chapter 10 (commencing with Section 79770). Funds provided by this division may be used for environmental enhancements or other public benefits.
79712.
 Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, or maintenance of those facilities.
79713.
 This division does not limit or otherwise affect the application of Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463 and Sections 12200 to 12220, inclusive. However, those sections do not create any right, in areas outside of the Sacramento River hydrologic region, to water originating within the Sacramento River hydrologic region as a result of facilities constructed with the proceeds of bonds issued and sold pursuant to this division. For purposes of this section, the Sacramento River hydrologic region does not include any area within the Delta.
79714.
 Eligible applicants under this division are public agencies, nonprofit organizations, public utilities, and mutual water companies. To be eligible for funding under this division, 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.
79715.
 The Legislature may enact legislation necessary to implement programs funded by this division.
CHAPTER  5. Safe, Clean, and Reliable Drinking Water Supply Fund of 2010
79720.
 The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe, Clean, and Reliable Drinking Water Supply Fund of 2010, which is hereby created in the State Treasury.
CHAPTER  6. Drought Relief and Urgent Actions
79725.
 The sum of six hundred million dollars ($600,000,000) shall be available, upon appropriation by the Legislature from the fund, for grants and direct expenditures to address immediate water supply needs.
79726.
 (a) Of the funds provided in Section 79725, the sum of three hundred million dollars ($300,000,000) shall be available, upon appropriation by the Legislature from the fund, to the department for grants and direct expenditures for the planning, design, and construction of local and regional drought relief projects that reduce the impacts of drought conditions, including, but not limited to, the impacts of reductions in Delta diversions. Projects shall be consistent with an adopted integrated regional water management plan. Eligible projects include all of the following:
(1) Water conservation and efficiency projects, including installation of water efficiency fixtures.
(2) Water recycling and related infrastructure.
(3) Groundwater cleanup.
(4) Local and regional conveyance projects that improve water supplies and public benefits associated with conveyance facilities.
(5) Other local and regional water supply reliability projects.
(b) Projects funded pursuant to this section shall meet both of the following requirements:
(1) The project will provide a sustainable water supply that does not contribute to groundwater overdraft or increase surface water diversions.
(2) The project is capable of being operational within two years of receiving the grant.
(c) Preference shall be given to applicants that can demonstrate substantial past and current investments in conservation and local water projects.
(d) Not more than 10 percent of the funds provided by this section shall be available for planning, investigations, studies, and monitoring.
(e) The department shall require a cost share of not less than 50 percent of total project costs from nonstate sources. The department may waive or reduce the cost share requirement for projects that directly benefit disadvantaged communities.
(f) Of the funds provided in this section, not less than one hundred million dollars ($100,000,000) shall be available for grants to disadvantaged communities experiencing economic impacts from drought and from disruptions in delivery from the State Water Project and the federal Central Valley Project.
79728.
 (a) Of the funds provided in Section 79725, one hundred million dollars ($100,000,000) shall be available to the State Department of Public Health for grants and direct expenditures to finance emergency and urgent actions in accordance with this section on behalf of disadvantaged communities to ensure that safe drinking water supplies are available to all Californians.
(b) Of the funds provided in this section, up to eight million dollars ($8,000,000) shall be made available to the City of Maywood for grants to projects that design and implement water supply infrastructure upgrades that provide for safe drinking water.
79729.
 Of the funds provided in Section 79725, the sum of two hundred million dollars ($200,000,000) shall be available for deposit by the Legislature into the Safe Drinking Water State Revolving Fund created pursuant to Section 116760.30 of the Health and Safety Code.
CHAPTER  7. Delta Sustainability
79730.
 (a) The Bay-Delta Estuary is a unique and irreplaceable combination of environmental and economic resources. Current management and use of the Delta is not sustainable, and results in a high level of conflict among various interests. Future Delta sustainability is threatened by changing hydrology due to climate change, water diversions, flood risk, seismic events, nonnative species, toxics, and other environmental problems. Future management of the Delta must improve Delta ecosystem health and improve the means of Delta water conveyance in order to protect drinking water quality, improve water supply reliability, restore ecosystem health, and preserve agricultural and recreational values in the Delta, while providing to counties and watersheds of origin assurances that their priority to water resources will be protected and that programs or facilities implemented or constructed in the Delta will not result in redirection of unmitigated, significant adverse impacts to the counties and watershed of origin. Many sources of funding will be needed to implement improved Delta management.
(b) This chapter provides state funding for public benefits associated with projects needed to assist in the Delta’s sustainability as a vital resource for fish, wildlife, water quality, water supply, agriculture, and recreation.
79731.
 The sum of three billion dollars ($3,000,000,000) shall be available, upon appropriation from the fund, for grants and direct expenditures, as follows:
(a) (1) One billion dollars ($1,000,000,000) for projects, including grants to Delta counties and cities within the Delta, that provide public benefits and support Delta sustainability options, including projects and supporting scientific studies and assessments that do any of the following:
(A) Ensure that urban and agricultural water supplies derived from the Delta, including water supplies used within the Delta, are not disrupted because of catastrophic failures of Delta levees resulting from earthquakes, floods, land sinking, rising ocean levels, or other forces.
(B) Assist in preserving economically viable and sustainable agriculture and other economic activities in the Delta.
(C) Improve the quality of drinking water derived from the Delta.
(D) Improve levee and flood control facilities and other vital infrastructure necessary to protect Delta communities affected by the implementation of this chapter.
(E) Provide physical improvements or other actions to create water flow and water quality conditions within the Delta to provide adequate habitat for native fish and wildlife.
(F) Facilitate other projects that provide public benefits and support Delta sustainability options approved by the Legislature, including costs associated with planning, monitoring, and design of alternatives, and project modifications and adaptations necessary to achieve the goals of this chapter.
(G) Mitigate other impacts of water conveyance and ecosystem restoration.
(H) Provide or improve water quality facilities and other infrastructure.
(2) Of the funds provided in this subdivision, not less than two hundred million dollars ($200,000,000) shall be available for matching grants for improvements to wastewater treatment facilities upstream of the Delta to improve Delta water quality and not less than six million dollars ($6,000,000) shall be available for the design, permitting, and construction of wastewater facilities to promote tourism and sustainable agriculture in the north Delta.
(b) Two billion dollars ($2,000,000,000) for projects to protect and enhance the sustainability of the Delta ecosystem, including any of the following:
(1) Projects for the development and implementation of the Bay Delta Conservation Plan, consistent with Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. The projects shall be implemented through a cooperative effort among regulatory agencies, regulated and potentially regulated entities, and affected parties, including state and federal water contractors. These funds may be expended for the preparation of environmental documentation and environmental compliance.
(2) Other projects to protect and restore native fish and wildlife dependent on the Delta ecosystem, including the acquisition of water rights and the removal or reduction of undesirable invasive species.
(3) Projects to reduce greenhouse gas emissions from exposed Delta soils.
(4) Projects that reduce impacts of mercury contamination of the Delta and its watersheds, and remediation and elimination of continuing sources of mercury contamination.
(5) Scientific studies and assessments that support the projects authorized under this section.
(c) Funds provided by this chapter shall be available for appropriation to, among other entities, the Sacramento-San Joaquin Delta Conservancy for implementation consistent with the Delta Plan.
CHAPTER  8. Statewide Water System Operational Improvements
79740.
 (a) Notwithstanding Section 162, the commission may make the determinations, findings, and recommendations required of it by this chapter independent of the views of the director. All final actions by the commission in implementing this chapter shall be taken by a majority of the members of the commission at a public meeting noticed and held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(b) Notwithstanding Section 13340 of the Government Code, the sum of three billion dollars ($3,000,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the commission for public benefits associated with water storage projects that improve the operation of the state water system, are cost effective, and provide a net improvement in ecosystem and water quality conditions, in accordance with this chapter. Funds authorized for, or made available to, the commission pursuant to this chapter shall be available and expended only for the purposes provided in this chapter, and shall not be subject to appropriation or transfer by the Legislature or the Governor for any other purpose.
(c) Projects shall be selected by the commission through a competitive public process that ranks potential projects based on the expected return for public investment as measured by the magnitude of the public benefits provided, pursuant to criteria established under this chapter.
(d) Any project constructed with funds provided by this chapter shall be subject to Section 11590.
79741.
 Projects for which the public benefits are eligible for funding under this chapter consist of only the following:
(a) Surface storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, excluding the expansion of the Shasta Reservoir.
(b) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits.
(c) Conjunctive use and reservoir reoperation projects.
(d) Local and regional surface storage projects that improve the operation of water systems in the state and provide public benefits.
79742.
 A project shall not be funded pursuant to this chapter unless it provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta, or improves the self-sufficiency of a region of the state that is dependent upon the Delta for all or a portion of its water supplies.
79743.
 (a) Funds allocated pursuant to this chapter may be expended solely for the following public benefits associated with water storage projects:
(1) Ecosystem improvements, including changing the timing of water diversions, improvement in flow conditions, temperature, or other benefits that contribute to restoration of aquatic ecosystems and native fish and wildlife, including those ecosystems and fish and wildlife in the Delta.
(2) Water quality improvements in the Delta, or in other river systems, that provide significant public trust resources, or that clean up and restore groundwater resources.
(3) Flood control benefits, including, but not limited to, increases in flood reservation space in existing reservoirs by exchange for existing or increased water storage capacity in response to the effects of changing hydrology and decreasing snow pack on California’s water and flood management system.
(4) Emergency response, including, but not limited to, water supplies and flows for dilution and salinity repulsion following a natural disaster or act of terrorism.
(5) Recreational purposes, including, but not limited to, those recreational pursuits generally associated with the outdoors.
(b) For the purposes of this chapter, “public benefits” does not include the costs of environmental mitigation measures or compliance obligations.
79744.
 In consultation with the Department of Fish and Game, the State Water Resources Control Board, and the department, the commission shall develop and adopt, by regulation, methods for quantification and management of public benefits described in Section 79743 by December 15, 2012. The regulations shall include the priorities and relative environmental value of ecosystem benefits as provided by the Department of Fish and Game and the priorities and relative environmental value of water quality benefits as provided by the State Water Resources Control Board.
79745.
 (a) Except as provided in subdivision (c), no funds allocated pursuant to this chapter may be allocated for a project before December 15, 2012, and until the commission approves the project based on the commission’s determination that all of the following have occurred:
(1) The commission has adopted the regulations specified in Section 79744 and specifically quantified and made public the cost of the public benefits associated with the project.
(2) The department has entered into a contract with each party that will derive benefits, other than public benefits, as defined in Section 79743, from the project that ensures the party will pay its share of the total costs of the project. The benefits available to a party shall be consistent with that party’s share of total project costs.
(3) The department has entered into a contract with each public agency identified in Section 79744 that administers the public benefits, after that agency makes a finding that the public benefits of the project for which that agency is responsible meet all the requirements of this chapter, to ensure that the public contribution of funds pursuant to this chapter achieves the public benefits identified for the project.
(4) The commission has held a public hearing for the purposes of providing an opportunity for the public to review and comment on the information required to be prepared pursuant to this subdivision.
(5) All of the following additional conditions are met:
(A) Feasibility studies have been completed.
(B) The director has found and determined that the project is feasible, is consistent with all applicable laws and regulations, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta.
(C) All environmental documentation associated with the project has been completed, and all other federal, state, and local approvals, certifications, and agreements required to be completed have been obtained.
(b) The commission shall submit to the Legislature its findings for each of the criteria identified in subdivision (a) for a project funded pursuant to this chapter.
(c) Notwithstanding subdivision (a), funds may be made available under this chapter for the completion of environmental documentation, permitting, and feasibility studies of a project.
79746.
 (a) The public benefit cost share of a project funded pursuant to this chapter, other than a project described in subdivision (c) of Section 79741, may not exceed 50 percent of the total costs of any project funded under this chapter.
(b) No project may be funded unless it provides ecosystem improvements as described in paragraph (1) of subdivision (a) of Section 79743 that are at least 50 percent of total public benefits of the project funded under this chapter.
79747.
 (a) A project identified in subdivision (a) of Section 79741 is not eligible for funding under this chapter unless, by January 1, 2018, all of the following conditions are met:
(1) All feasibility studies are complete and draft environmental documentation is available for public review.
(2) The director makes a finding that the project is feasible, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta.
(3) The director receives commitments for not less than 75 percent of the nonpublic benefit cost share of the project.
(b) If compliance with subdivision (a) is delayed by litigation or failure to promulgate regulations, the date in subdivision (a) shall be extended by the commission for a time period that is equal to the time period of the delay, and funding under this chapter that has been dedicated to the project shall be encumbered until the time at which the litigation is completed or the regulations have been promulgated.
79748.
 Surface storage projects funded pursuant to this chapter and described in subdivision (a) of Section 79741 may be made a unit of the Central Valley Project as provided in Section 11290 and may be financed, acquired, constructed, operated, and maintained pursuant to Part 3 (commencing with Section 11100) of Division 6.
CHAPTER  9. Statewide Watershed and Water Quality Protections
79760.
 The sum of one billion five hundred million dollars ($1,500,000,000) shall be available, upon appropriation by the Legislature from the fund, in accordance with this chapter, for expenditures and grants for ecosystem and watershed protection and restoration projects, including, but not limited to, all of the following watersheds:
(a) The San Joaquin River watershed.
(b) The Kern River and Tulare Basin watersheds.
(c) The Salton Sea and Colorado River watersheds.
(d) The Los Angeles River watershed.
(e) The San Gabriel River watershed.
(f) The Santa Ana River watershed.
(g) The Klamath River watershed, including the Trinity, Scott, and Shasta Rivers and watersheds.
(h) The North Coast watersheds.
(i) The San Francisco Bay watersheds.
(j) The Central Coast watersheds.
(k) The South Coast watersheds.
(l) The Lake Tahoe Basin watershed.
(m) The Sacramento River watershed, including the Yolo Bypass.
(n) The San Diego County coastal watersheds.
(o) The Ventura River watershed.
(p) The Sierra Nevada Mountain watersheds.
(q) The Mojave River watershed.
(r) The Owens River watershed.
(s) The Santa Monica Bay watershed.
(t) The watersheds of Marin County.
(u) The watersheds of Orange County.
79761.
 Funds provided under this chapter may be appropriated to the Natural Resources Agency, the Department of Fish and Game, the Wildlife Conservation Board, the California Conservation Corps, the Department of Conservation, the Department of Parks and Recreation, the Department of Forestry and Fire Protection, or to state conservancies for expenditures and grants consistent with this chapter and other applicable laws.
79762.
 (a) Funds provided for the Sacramento River and San Joaquin River watersheds pursuant to Section 79760 shall be available for projects consistent with the ecosystem restoration program element of the California Bay-Delta Program, or its successor, or the San Joaquin River Parkway Master Plan.
(b) Funds provided for Salton Sea watershed projects pursuant to Section 79760 shall be available for Salton Sea restoration activities identified for “Period I” in the Natural Resources Agency report entitled “Salton Sea Ecosystem Restoration Program Preferred Alternative Report and Funding Plan,” dated May 2007.
(c) Funds provided for the Lake Tahoe Basin watershed pursuant to Section 79760 shall be available for projects consistent with the Lake Tahoe Environmental Improvement Program.
(d) Funds provided for the Los Angeles River and San Gabriel River watersheds pursuant to Section 79760 shall be available pursuant to Section 79508, and for projects identified in the Los Angeles River Revitalization Master Plan.
79763.
 For restoration and ecosystem protection projects under this chapter, the services of the California Conservation Corps or community conservation corps shall be used whenever feasible.
Of the funds provided in Section 79760, not less than two hundred fifty million dollars ($250,000,000) shall be available to the State Coastal Conservancy for projects within coastal counties and coastal watersheds. Of this amount, not less than twenty million dollars ($20,000,000) shall be available for grants in San Diego County, including grants to the San Diego River Conservancy, not less than forty million dollars ($40,000,000) shall be available for the Santa Ana River Parkway, not less than twenty million dollars ($20,000,000) shall be available for grants for protection and restoration of the Bolsa Chica wetlands and adjacent uplands and for associated visitor and interpretive natural history or archeological facilities, and not less than seventy-five million dollars ($75,000,000) shall be available for projects consistent with the San Francisco Bay Area program of the State Coastal Conservancy.
79765.
 Of the funds provided in Section 79760, not less than one hundred million dollars ($100,000,000) shall be available to the Wildlife Conservation Board for direct expenditures or grants for the acquisition of water rights from willing sellers and the conveyance of water for the benefit of migratory birds on wildlife refuges and wildlife habitat areas subject to Section 3406(d) of the federal Central Valley Project Improvement Act (Public Law 102-575), if the acquisition of water rights by the Wildlife Conservation Board is consistent with that federal act. All costs associated with the acquisition of water rights by the Wildlife Conservation Board for the purposes set forth in this section shall be paid for out of the funds designated for the Wildlife Conservation Board.
79766.
 (a) Of the funds provided in Section 79760, not less than two hundred fifty million dollars ($250,000,000) shall be available to the Wildlife Conservation Board for direct expenditures or grants for the protection or restoration of watershed lands or rivers and streams that support species listed as threatened or endangered under state or federal law, consistent with the requirements of programs identified in Division 2 (commencing with Section 700) of the Fish and Game Code, and requirements to implement or develop a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(b) Of the funds provided in this section, not less than fifty million dollars ($50,000,000) shall be available for watershed protection projects within Los Angeles and Ventura Counties identified by the South Coast Wildlands Project. Priority shall be given to projects from willing sellers offering their property at fair market value to public entities consistent with paragraph (1) of subdivision (d) of Section 7267.2 of the Government Code. In order to ensure programmatic consistency with ongoing state conservancy programs, any project financed pursuant to this subdivision within the jurisdiction of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, any project within the jurisdiction of the Baldwin Hills Conservancy, and any project within the jurisdiction of the Santa Monica Mountains Conservancy, shall be upon application of, and by grant to, the respective conservancy. The conservancy may apply on behalf of a local agency, and in that case the Wildlife Conservation Board may make the grant award directly to that local agency.
(c) Of the funds provided in this section, the sum of twenty-five million dollars ($25,000,000) shall be available to the San Joaquin River Conservancy for river parkway projects.
79767.
 Of the funds provided in Section 79760, the sum of five hundred eighty-five million dollars ($585,000,000) shall be available, upon appropriation by the Legislature, as follows:
(a) One hundred million dollars ($100,000,000) to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purposes described in subdivision (d) of Section 79762.
(b) One hundred million dollars ($100,000,000) to the Santa Monica Mountains Conservancy for implementation of watershed protection activities throughout the watershed of the upper Los Angeles River.
(c) Twenty-five million dollars ($25,000,000) to the Baldwin Hills Conservancy.
(d) Twenty-five million dollars ($25,000,000) for Santa Monica Bay watershed projects pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code.
(e) Fifty million dollars ($50,000,000) to the State Coastal Conservancy for coastal salmonid restoration projects.
(f) Seventy-five million dollars ($75,000,000) to the Lake Tahoe Conservancy for the Lake Tahoe Environmental Improvement Program as described in subdivision (c) of Section 79762.
(g) Twenty million dollars ($20,000,000) shall be available to the Department of Conservation for the California Farmland Conservancy Program Act (Division 10.2 (commencing with Section 10200) of the Public Resources Code). Up to five million dollars ($5,000,000) may be used for the Department of Conservation Watershed Coordinator Grant Program.
(h) Fifty million dollars ($50,000,000) shall be available to the secretary for projects in accordance with the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750) of Division 5 of the Public Resources Code). Up to twenty million dollars ($20,000,000) may be transferred to the department for the Urban Streams Restoration Program pursuant to Section 7048 of the Water Code.
(i) Fifty million dollars ($50,000,000) shall be available for the Sierra Nevada Conservancy.
(j) Fifty million dollars ($50,000,000) shall be available for Salton Sea restoration pursuant to subdivision (b) of Section 79762.
(k) Ten million dollars ($10,000,000) shall be available to the Natural Resources Agency for planning for natural resources and watershed protections to address climate change impacts and adaptation.
(l) Twenty million dollars ($20,000,000) shall be available for capital improvements to watershed education centers that serve an urban area with a population of over one million.
(m) Ten million dollars ($10,000,000) shall be deposited in the California Waterfowl Habitat Preservation Account for the purposes of implementing the California Waterfowl Habitat Program described in Article 7 (commencing with Section 3460) of Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, the California Landowner Incentive Program, and the Permanent Wetland Easement Program.
79768.
 Of the funds provided in Section 79760, not more than two hundred fifty million dollars ($250,000,000) shall be available for dam removal and related measures in the Klamath River watershed if the secretary finds that all of the following conditions have been met:
(a) The State of California, the State of Oregon, the United States, and PacifiCorp have executed a dam removal agreement.
(b) The State of California, the State of Oregon, and the United States have made the determinations required under the agreement to effect dam removal.
(c) Ratepayer funds required by the agreement have been authorized and will be timely provided.
(d) All other conditions required in the agreement have been met.
79769.
 Of the funds provided in Section 79760, the sum of seventy-five million dollars ($75,000,000) is available, upon appropriation by the Legislature from the fund, to the State Coastal Conservancy for projects that meet the requirements of the California Ocean Protection Act (Division 26.5 (commencing with Section 35500) of the Public Resources Code).
79769.5.
 For the purposes of this chapter, the terms “restoration” and “protection” have the meanings set forth in Section 75005 of the Public Resources Code.
CHAPTER  10. Groundwater Cleanup and Recycled Water
79770.
 The sum of one billion forty million dollars ($1,040,000,000) shall be available, upon appropriation by the Legislature from the fund, for grants and direct expenditures for projects to promote the development of local and regional water recycling and advanced water treatment technologies and the sustainable management of groundwater resources.
79772.
 (a) Of the funds provided in Section 79770, the sum of nine hundred million dollars ($900,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures, grants, and loans for projects to prevent or reduce the contamination of groundwater that serves as a source of drinking water. Projects shall be consistent with an adopted integrated regional water management plan. Funds appropriated pursuant to this section shall be available to the State Department of Public Health for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves as a major source of drinking water for a community.
(b) Projects shall be prioritized based upon the following criteria:
(1) The threat posed by groundwater contamination to the affected community’s overall drinking water supplies, including the need for treatment of alternative supplies if groundwater is not available due to contamination.
(2) The potential for groundwater contamination to spread and reduce drinking water supply and water storage for nearby population areas.
(3) The potential of the project, if fully implemented, to enhance local water supply reliability.
(4) The potential of the project to increase opportunities for groundwater recharge and optimization of groundwater supplies.
(c) The State Department of Public Health shall give additional consideration to projects that meet any of the following criteria:
(1) The project is implemented pursuant to a comprehensive basin-wide groundwater quality management and remediation plan or is necessary to develop a comprehensive groundwater plan.
(2) Affected groundwater provides a local supply that, if contaminated and not remediated, will require import of additional water from outside the region.
(3) The project will serve an economically disadvantaged community.
(4) The project addresses contamination at a site where the responsible parties have not been identified, or where the responsible parties are unwilling or unable to pay for cleanup.
(d) Of the amount made available by this section, up to one hundred million dollars ($100,000,000) shall be available for projects that meet the requirements of this section and both of the following criteria:
(1) The project is part of a basinwide management and remediation plan for which federal funds have been allocated.
(2) The project addresses contamination at a site on the list maintained by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code or a site listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.).
(e) The Legislature, by statute, shall establish both of the following:
(1) Requirements for repayment of grant funds in the event of cost recovery from parties responsible for the groundwater contamination.
(2) Requirements for recipients of grants to make reasonable efforts to recover costs from parties responsible for groundwater contamination.
79773.
 Of the funds provided in Section 79770, the sum of one hundred million dollars ($100,000,000) is available, upon appropriation by the Legislature from the fund, to the State Water Resources Control Board for grants for small community wastewater treatment projects to protect water quality that meet all of the following criteria:
(a) The project is for the planning, design, permitting, construction, or improvement of a wastewater treatment facility, sewer system, or related infrastructure necessary to meet water quality standards or prevent contamination of surface water or groundwater resources.
(b) The project will serve a community with a population of 20,000 or less.
(c) The project meets other standards that may be established by the State Water Resources Control Board with respect to the design, construction, financing, and operation of the project.
79774.
 Of the funds provided in Section 79770, the sum of forty million dollars ($40,000,000) shall be available for water quality and public health projects on the New River.
CHAPTER  11. Water Recycling
79775.
 (a) The sum of two hundred fifty million dollars ($250,000,000) shall be available, upon appropriation by the Legislature from the fund, for grants and loans for water recycling and advanced treatment technology projects that include the following:
(1) Water recycling projects.
(2) Contaminant and salt removal projects, including groundwater and seawater desalination.
(3) Dedicated distribution infrastructure for recycled water, including commercial and industrial end-user retrofit projects to allow use of recycled water.
(4) Pilot projects for new salt and contaminant removal technology.
(5) Groundwater recharge infrastructure related to recycled water.
(6) Technical assistance and grant writing assistance for disadvantaged communities.
(b) For projects funded pursuant to this section, at least a 50 percent local cost share shall be required, but may be suspended or reduced for disadvantaged communities. Projects shall be selected on a competitive basis, considering all of the following criteria:
(1) Water supply reliability improvement.
(2) Water quality and ecosystem benefits related to decreased reliance on diversions from the Delta or instream flows.
(3) Public health benefits from improved drinking water quality.
(4) Cost-effectiveness.
(5) Energy efficiency and greenhouse gas emission impacts.
CHAPTER  12. Fiscal Provisions
79810.
 (a) Bonds in the total amount of nine billion three hundred ninety million dollars ($9,390,000,000), not including the amount of any refunding bonds issued in accordance with Section 79822, or so much thereof as is necessary, 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, shall be and constitute valid and binding obligations 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.
79811.
 The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division, except Section 16727 of the Government Code shall not apply to the extent that it is inconsistent with any other provision of this division.
79812.
 (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the Safe, Clean, and Reliable Drinking Water Finance Committee is hereby created. For purposes of this division, the Safe, Clean, and Reliable Drinking Water 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 Director of Water Resources, and the Secretary of the Natural Resources Agency. Notwithstanding any other provision of law, any member may designate a deputy to act as that member in his or her place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as chairperson of the committee.
(d) A majority of the members of the committee shall constitute a quorum of the committee, and may act for the committee.
79813.
 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division 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.
79814.
 “Board,” as defined in Section 16722 of the Government Code for the purposes of compliance with the State General Obligation Bond Law, means the department.
79815.
 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, and 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 which is necessary to collect that additional sum.
79816.
 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 79819, appropriated without regard to fiscal years.
79817.
 The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account 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. 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.
79818.
 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, 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.
79819.
 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. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division.
79820.
 All money deposited in the fund that is 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.
79821.
 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 out of the bond proceeds. These costs shall be shared proportionately by each program funded through this division.
79822.
 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 electors 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.
79823.
 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.
79824.
 Until January 1, 2015, the Treasurer shall only sell bonds in an amount that does not exceed fifty percent of the total funds made available by this division.
Section 1 of this act shall be submitted to the voters at the November 2, 2010, statewide general election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters. Section 1 of this act shall take effect only upon the approval by the voters of the Safe, Clean, and Reliable Drinking Water Supply Act of 2010, as set forth in that section.
SEC. 3.
 The sum of two hundred million dollars ($200,000,000) is hereby appropriated from the funds made available by Section 5096.821 of the Public Resources Code to the Department of Water Resources for flood protection projects in the Delta. The department shall expedite the evaluation of nonurban levees on the west bank of the Sacramento River including those for Clarksburg and Knights Landing and consider a joint project with local government agencies for improving the Yolo Bypass as a multibenefit flood control facility, including support of multibenefit flood control alternatives for tributaries to the Yolo Bypass.
SEC. 4.
 This act shall take effect only if ____ of the 2009–10 Seventh Extraordinary Session of the Legislature is enacted and becomes operative.
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 finance a safe, clean, and reliable water supply at the earliest possible date, it is necessary for this act to take effect immediately.