CHAPTER
1. General Provisions
80200.
This division shall be known, and may be cited, as the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.80201.
(a) In expending funds pursuant to this division, an administering state agency shall give priority to projects that leverage private, federal, and local funding or produce the greatest public benefit. An administering state agency may pool funding for these projects.(b) To the extent practicable, when disbursing funds available pursuant to this division, an administering state agency shall prioritize projects that do any of the following:
(1) Reduce near-term risks of climate change impacts while promoting long-term resilience.
(2) Promote equity, foster community resilience, and protect the most vulnerable by
meaningfully benefiting disadvantaged communities and vulnerable populations.
(3) Incorporate natural and green infrastructure solutions that enhance and protect natural resources and urban environments, including those that preserve or restore ecological or engineered systems in ways that support natural system functions, services, and quality, and that reduce risk.
(4) Avoid maladaptive solutions that would likely worsen climate change impacts or transfer risks unreasonably from one area, or social group, to another.
(5) Advance solutions to prevent displacement of low-income residents that could occur as an unintended consequence of a project that causes an increase in the cost of owning or renting real property.
(c) A project funded pursuant to this
division shall include signage informing the public that the project received funding from the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
80202.
For purposes of this division, the following definitions apply:(a) “Air board” means the State Air Resources Board.
(b) “Committee” means the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee created pursuant to Section 80272.
(c) “Community access” means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities and includes transportation, physical activity programming, education, and communication related to
water, parks, climate, coastal protection, and other outdoor pursuits.
(d) “Conservation actions on private lands” means projects with willing landowners that involve the adaptive, flexible management or protection of natural resources in response to changing climate conditions and threats to habitat and wildlife. These projects result in habitat conditions on private lands that, when managed dynamically over time, contribute to the long-term health and resilience of vital ecosystems and ecosystem services, and enhance fish and wildlife populations.
(e) “Department” means the Department of Parks and Recreation.
(f) “Disadvantaged community” means a community with a median household income less than 80 percent of the statewide average.
(g) “Fire
hardening” means all costs, including costs of design, preparation, and inspection, incurred as a result of the following:
(1) Replacing or installing all of the following:
(A) Ember-resistant vents.
(B) Fire-resistant roofing.
(C) Fire-resistant siding.
(D) Fire-resistant eaves.
(E) Fire-resistant soffits.
(F) Fire-resistant windows.
(2) Tree removal and trimming within 100 feet of an eligible building.
(h) “Fund” means the Wildfire
Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund created pursuant to Section 80215.
(i) “Groundwater sustainability agency” has the same meaning as defined in Section 10721 of the Water Code.
(j) “Heavily urbanized city” means a city with a population of 300,000 or more.
(k) “Heavily urbanized county” means a county with a population of 3,000,000 or more.
(l) “Interpretation” includes, but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may use educational materials in multiple languages, digital information in multiple languages, and the expertise of a naturalist or other skilled
specialist.
(m) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(n) “Protection” means any of the following:
(1) Actions necessary to prevent harm or damage to persons, property, or natural, cultural, or historic resources.
(2) Actions to improve access to public open spaces.
(3) Actions to allow the continued use and enjoyment of property or natural, cultural, or historic resources, including site monitoring, acquisition, development, restoration, preservation, and interpretation.
(o) “Resilience” means the
ability to prevent, cope with, adapt to, or recover from disturbances, including those caused as a result of increased climate-related risk.
(p) “Restoration” means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or capture to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resources. “Restoration” includes activities described in subdivision (b) of Section 79737 of the
Water Code.
(q) “Severely disadvantaged community” means a community with a median household income less than 60 percent of the statewide average.
(r) “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.
(s) “Vulnerable population” means a subgroup of a population within a region or community that faces disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from, those impacts.
(t) “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 program funded 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 pursuant to 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 emission reductions and carbon sequestration
associated with program expenditures under this division.(b) Funds used for planning projects that benefit disadvantaged communities or severely disadvantaged communities may exceed 10 percent of the funds allocated if the administering state agency determines that there is a need for the additional funding.
(c) (1) For purposes of Chapter 3 (commencing with Section 80235), Chapter 4 (commencing with Section 80245), Chapter 5 (commencing with Section 80250), Chapter 6 (commencing with Section 80255), Chapter 7 (commencing with Section 80260), or Chapter 8 (commencing with Section 80265), at least 20 percent of the funds available pursuant to each chapter of this division shall be allocated for projects serving severely disadvantaged communities.
(2) For purposes of Chapter 2 (commencing with
Section 80220), at least 15 percent of the funds available pursuant to that chapter shall be allocated for projects serving severely disadvantaged communities.
(d) (1) Except as provided in paragraph (2), an administering state agency may allocate up to 10 percent of the funds available pursuant to each chapter of this division for technical assistance to disadvantaged communities. Each administering state agency shall operate a multidisciplinary technical assistance program for disadvantaged communities.
(2) Funds used for providing technical assistance to disadvantaged communities may exceed 10 percent of the funds allocated for a chapter if the state agency administering the available moneys determines that there is a need for additional funding.
(e) An administering state agency shall
allocate up to 5 percent of the funds available pursuant to each chapter of this division for community access projects that are in combination with or otherwise related to a project funded by this division. A community access project may include, but is not limited to, the following:
(1) Transportation.
(2) Physical activity programming.
(3) Resource interpretation.
(4) Multilingual translation.
(5) Natural science.
(6) Workforce development and career pathways.
(7) Education.
(8) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits.
80205.
(a) Before disbursing grants pursuant to this division, each state agency that receives funding to administer a competitive grant program under this division shall do all of the following:(1) (A) Develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(B) Guidelines adopted
pursuant to this subdivision shall encourage, where feasible, inclusion of the following project components:
(i) Efficient use and conservation of water supplies.
(ii) Use of recycled water.
(iii) The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(iv) Provision of safe and reliable drinking water supplies to park and open-space visitors.
(2) Conduct three public meetings to consider public comments before finalizing the project solicitation and evaluation guidelines. The state agency shall
publish the draft project solicitation and evaluation guidelines on its internet website 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 of California, and one meeting shall be conducted at a location in southern California.
(3) For statewide competitive grant programs, submit the project solicitation and evaluation guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this division. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agency’s internet website.
(4) Upon adoption, transmit copies of the project solicitation and evaluation guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program and project guidelines and selection criteria adopted pursuant to this division.
80206.
(a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the agency’s internet website in a downloadable spreadsheet format. The spreadsheet shall include information about the location and footprint of each funded project, the project’s objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable chapter of this division pursuant to which the grant recipient received moneys.(b) If an audit, required by statute, of any entity that receives funding authorized by this division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c) The state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant.
(d) The costs associated with the publications, audits, statewide bond tracking, cash management, and related oversight activities provided for in this section shall be funded from this division. These costs shall be shared proportionally by each program
through this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the funds authorized in this division.
80207.
If any moneys allocated pursuant to this division are not encumbered or expended by the recipient entity within the time period specified by the administering state agency, the unexpended moneys shall revert to the administering state agency for allocation consistent with the applicable chapter.80208.
To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division.80209.
To the extent feasible, a project that includes water efficiencies, stormwater capture for infiltration or reuse, or carbon sequestration features in the project design may be given priority for grant funding under this division.80210.
(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.
80211.
To the extent feasible in implementing this division, a state agency receiving funding under this division shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Projects on private lands shall be evaluated based on the durability of the benefits created by the investment. Funds may be used for payments for the protection or creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species, including through the development and implementation of habitat credit exchanges.80212.
A state agency that receives funding to administer a grant program under this division shall report to the Legislature by January 1, 2030, on its expenditures pursuant to this division and the public benefits received from those expenditures.80213.
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.80214.
For grants awarded for projects that serve a disadvantaged community or severely disadvantaged community, the administering state agency may provide advanced payments in the amount of 25 percent of the grant award to the recipient, including state-related entities, to initiate the project in a timely manner. The administering state agency shall adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.80215.
(a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 80282, shall be deposited in the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of this division.(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) One billion two hundred fifty million dollars ($1,250,000,000) for wildfire, flood, drought, or other natural disaster prevention and community
resilience from climate change impacts, in accordance with Chapter 2 (commencing with Section 80220).
(2) Nine hundred twenty-five million dollars ($925,000,000) for providing safe drinking water and protecting water supply and water quality from climate risks, in accordance with Chapter 3 (commencing with Section 80235).
(3) Seven hundred twenty-five million dollars ($725,000,000) for the creation and expansion of safe neighborhood parks in park-poor neighborhoods, in accordance with Chapter 4 (commencing with Section 80245).
(4) Four hundred seventy-five million dollars ($475,000,000) for protecting fish and wildlife from climate risks, in accordance with Chapter 5 (commencing with Section 80250).
(5) One hundred million dollars ($100,000,000) for
protecting agricultural land from climate risks, in accordance with Chapter 6 (commencing with Section 80255).
(6) Two hundred fifteen million dollars ($215,000,000) for protecting coastal lands, oceans, bays, waters, natural resources, and wildlife from climate risks, in accordance with Chapter 7 (commencing with Section 80260).
(7) Two hundred thirty million dollars ($230,000,000) for climate resilience, workforce development, and education, in accordance with Chapter 8 (commencing with Section 80265).
80216.
The Legislature may enact legislation necessary to implement programs funded by this division.
CHAPTER
2. Wildfire Prevention and Community Resilience from Climate Change Impacts
80220.
The sum of one billion two hundred fifty million dollars ($1,250,000,000) shall be available, upon appropriation by the Legislature, for community wildfire protection, the restoration of areas impacted by wildfire, flood, drought, or other natural disaster, natural disaster prevention, community climate resilience, and other specified climate-related purposes.80221.
Of the funds made available pursuant to Section 80220, one hundred twenty-five million dollars ($125,000,000) shall be available to the Office of Emergency Services for purposes of this section. Eligible projects include, but are not limited to, grants to public agencies, joint powers authorities, nonprofit organizations, and tribes, for revegetation, invasive plant control, and other projects to reduce erosion, flood, debris flow, and mudslide risk; 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 habitat restoration on both public and private lands. Funds authorized by this chapter may be used to meet matching grant requirements of the Federal Emergency Management
Agency or other federal mitigation and resilience grant programs.80222.
Of the funds made available pursuant to Section 80220, one hundred seventy-five million dollars ($175,000,000) shall be available to the Office of Emergency Services for a prehazard mitigation grant program. The prehazard mitigation grant program shall be allocated to assist local and state agencies and tribes to leverage additional funds, including matching grants from federal agencies. Eligible projects include, but are not limited to, any of the following:(a) Grants to local and state agencies, joint powers authorities, and tribes for projects that reduce wildfire risks to people and property consistent with approved local hazard mitigation plans.
(b) Grants to local and state agencies, joint
powers authorities, and tribes for improvements to detection, warning, and evacuation systems, emergency notification systems, and fire and disaster response communication and infrastructure.
(c) Grants to local and state agencies, resource conservation districts, joint powers authorities, fire safe councils, tribes, and nonprofit organizations 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.
(d) Grants to local and state agencies, tribes, joint powers authorities, resource conservation districts, fire safe councils, and nonprofit organizations for fire hardening projects, risk reduction buffers, and incentives to remove vulnerable structures in hazard zones.
80223.
Of the funds made available pursuant to Section 80220, seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency and its departments, boards, and conservancies to support community fire prevention and fire resilience programs. Eligible projects include, but are not limited to, either of the following:(a) Restoration of natural ecosystem functions near communities in high fire hazard areas with preference given to those projects that provide multiple benefits, including, but not limited to, protection of agricultural and natural lands for fuel breaks, habitat protection and restoration, open-space access, watershed improvement, and invasive species removal, and that use prescribed fire and science-based vegetation treatment
programs to reduce wildfire risk and protect lives and property.
(b) Grants to local and state agencies, tribes, nonprofit organizations, joint powers authorities, fire safe councils, and resource conservation districts for development and implementation of community wildfire protection plans, and projects that reduce the risk of wildfires to habitable structures and communities.
80224.
Of the funds made available pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency for the implementation of the Regional Forest and Fire Capacity Program to fund coordinated and integrated regional approaches to the restoration of watersheds, reduction in the conditions that lead to catastrophic wildfire, and the protection of natural resources throughout California. 80225.
Of the funds made available pursuant to Section 80220, one hundred fifty million dollars ($150,000,000) shall be available 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, riparian habitat, coastal forests, and other habitat types to ensure the long-term ecological health of these natural systems, to reduce the risk of extreme wildfires, floods, and other climate change impacts, and to improve water supply and water quality, carbon sequestration, community access, and other public benefits. Projects shall be based on the best available science regarding forest and ecosystem protection and restoration and shall be undertaken to protect and restore ecological values, including
multibenefit ecological services, and to promote conditions that are more resilient to wildfire, climate change, and other disturbances. Projects may, where appropriate, include activities on lands owned by the United States. Eligible projects include, but are not limited to, any of the following:(a) Protection and restoration of large, intact forests and other natural landscapes, prevention of forest fragmentation through subdivision, and restoration of natural fire regimes and climate resilient conditions.
(b) Restoration of the ecological health and resilience of forests through active forest management and prescribed fire. Priority shall be given to improvement of forest and ecosystem resilience that results in multiple watershed benefits, including through the Sierra Nevada Watershed Improvement Program established pursuant to Section 33345.1.
(c) (1) Infrastructure and technology projects to increase forest health. Not less than fifty million dollars ($50,000,000) shall be allocated to the air board for pilot projects and incentives for innovative forest products technology that reduce greenhouse gas emissions and contribute to meeting California’s greenhouse gas emissions reduction goals. The air board shall consult with the Natural Resources Agency and the Department of Forestry and Fire Protection in the implementation of this subdivision.
(2) Eligible projects under this subdivision include projects consistent with recommendations developed pursuant to Sections 717 and 4630.2.
(d) Establishment of regional forest and ecosystem restoration projects that include plant nurseries, reforestation, landscape-scale planning, and
revegetation projects, to promote climate-resilient ecosystems in climate-stressed areas.
(e) Twenty-five million dollars ($25,000,000) shall be allocated for the establishment of a Forest Carbon Monitoring Program that includes any of the following projects:
(1) Mapping of current carbon storage and sequestration patterns by collecting field plots and high-resolution airborne light detection and ranging (LiDAR).
(2) Developing a carbon monitoring system using satellite data to evaluate monthly and annual carbon fluxes.
(3) Independent validation of carbon storage and sequestration maps.
(4) Making all data publicly available to guide forest management and forest health decisions, wildfire
evaluation, and emergency preparedness planning and operations.
80226.
Of the funds made available pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the department to plan for and implement projects to reduce the risks of fire, flood, inundation, sea level rise, and other risks associated with climate change and for the protection and restoration of infrastructure and natural resources for units of the state park system. 80227.
Of the funds made available pursuant to Section 80220, one hundred thirty million dollars ($130,000,000) shall be available for the following conservancies according to their governing statutes for climate resilience, wildfire prevention, and natural resource protection and allocated in accordance with the following schedule:(a) Baldwin Hills Conservancy: six million dollars ($6,000,000).
(b) California Tahoe Conservancy: thirteen million dollars ($13,000,000).
(c) Coachella Valley Mountains Conservancy: ten million dollars ($10,000,000).
(d) Sacramento-San Joaquin Delta
Conservancy: fifteen million dollars ($15,000,000).
(e) San Diego River Conservancy: fifteen million dollars ($15,000,000).
(f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy: twenty-five million dollars ($25,000,000).
(g) San Joaquin River Conservancy: six million dollars ($6,000,000).
(h) Santa Monica Mountains Conservancy: twenty-five million dollars ($25,000,000).
(i) Sierra Nevada Conservancy: fifteen million dollars ($15,000,000).
80228.
(a) Of the funds made available pursuant to Section 80220, two hundred ninety-five million dollars ($295,000,000) shall be available to make communities in urban areas and vulnerable populations more resilient to the impacts of climate change, including any of the following:(1) Multibenefit green infrastructure and urban greening projects that reduce the risks of and exposure to extreme heat and flooding, or that promote long-term resilience and reduce heat island effects.
(2) Establishment of cooling centers, clean air centers, hydration stations, emergency shelters, and facilities to safeguard vulnerable populations from extreme heat events and air pollution caused by
wildfires and from other public health threats exacerbated by climate change.
(3) Improvements to public infrastructure, including natural 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.
(4) Improvements to city park, county park, regional park, and open-space preserve infrastructure, including natural 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 and open-space lands.
(5) Multibenefit projects that reduce risks of exposure to toxic or hazardous materials that may increase as a result of wildfires, flooding,
sea level rise, or reduced water flows to polluted bodies of water.
(b) (1) At least 60 percent of the funds available pursuant to this section or described in Section 80229 shall be allocated to projects that provide direct and meaningful benefits to disadvantaged communities. At least one-third of that amount shall be allocated to projects that benefit severely disadvantaged communities.
(2) Projects that receive funding pursuant to this section or Section 80229 shall include robust public engagement and outreach plans that prioritize the engagement of disadvantaged communities and vulnerable populations, as applicable.
80229.
(a) Of the funds available pursuant to Section 80228, sixty-five million dollars ($65,000,000) shall be allocated for urban greening projects pursuant to subdivision (a) of Section 75129, including at least twenty-five million dollars ($25,000,000) pursuant to Section 4799.12 to protect or augment California’s urban forests.(b) Of the funds available pursuant to Section 80228, fifty million dollars ($50,000,000) shall be allocated, pursuant to Division 22.8 (commencing with Section 32600), for implementing projects consistent with the Lower Los Angeles River Revitalization Plan.
(c) Of the funds available pursuant to Section 80228, fifty million dollars ($50,000,000) shall be
allocated, pursuant to Division 23 (commencing with Section 33000), for projects that are a part of the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220.
(d) Of the funds available pursuant to Section 80228, twenty-four million dollars ($24,000,000) shall be allocated for projects, including, but not limited to, expansion of access corridors to encourage fewer greenhouse gas emissions, expansion of green spaces to reduce urban heat islands and air particulate pollution, and expansion of ecosystem-based water management projects. The funds described in this subdivision shall be allocated as follows:
(1) Twelve million dollars ($12,000,000) pursuant to Division 22.8 (commencing with Section 32600).
(2) Twelve million dollars ($12,000,000) pursuant to
Division 23 (commencing with Section 33000).
80230.
(a) Of the funds made available pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the Strategic Growth Council to fund the development and implementation of regional and subregional climate strategies to improve the resilience 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. Strategies funded pursuant to this section may also include components to reduce greenhouse gas emissions.(b) (1) Of the funds made available pursuant to this section, not less than fifty million dollars ($50,000,000) shall be allocated for the implementation of regional climate strategies. The
Strategic Growth Council shall collaborate with the Natural Resources Agency, state conservancies, regional climate collaboratives, regional planning agencies, joint powers authorities, other public agencies, and tribes from each region of the state to determine appropriate geographic boundaries for regional and subregional climate strategies. The formation of the regions may be based on, or adapted from, the Regional Forest and Fire Capacity Program and shall cover the entire geographic area of California.
(2) The Strategic Growth Council shall award funding pursuant to this subdivision to state conservancies, regional climate collaboratives, joint powers authorities, and other public agencies from each region to implement paragraph (1).
(3) Each regional strategy shall include an assessment of climate vulnerabilities and risks and identification of environmental, economic,
public health, and social climate vulnerabilities, including impacts to vulnerable populations and complementary opportunities for greenhouse gas emissions reductions. Relevant regional or local plans may be used to develop the assessment.
(c) In implementing this section, the Strategic Growth Council shall collaborate and consult with relevant agencies to develop grant guidelines that advance climate resilience while promoting integration of local planning requirements pursuant to Division 20 (commencing with Section 30000), the federal Disaster Mitigation Act of 2000 (Public Law 106-390), and other applicable laws or policies, as determined by the Strategic Growth Council.
CHAPTER
3. Safe Drinking Water and Protecting Water Supply and Water Quality from Climate Risks
80235.
The sum of nine hundred twenty-five million dollars ($925,000,000) shall be available, upon appropriation by the Legislature, for the protection of California’s water resources.80236.
An eligible applicant under this chapter is a public agency, joint powers authority, nonprofit organization, public utility, tribe, or mutual water company. To be eligible for funding under this chapter, a project proposed by a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.80237.
Of the funds made available pursuant to Section 80235, two hundred seventy-five million dollars ($275,000,000) shall be available for the protection of California’s water supply and water quality. Eligible projects include, but are not limited to, any of the following:(a) (1) Safe drinking water projects that are consistent with Section 79724 of the Water Code.
(2) Projects funded pursuant to paragraph (1) may include system improvements to help meet state, federal, and local regulations governing fire flow standards for public fire protection.
(b) Clean water projects that are consistent with Section 79723 of the
Water Code.
(c) Grants and loans to assist with septic system upgrades or consolidation of septic systems in order to address water quality contamination in disadvantaged communities.
(d) Projects that implement countywide drought and water shortage contingency plans adopted pursuant to Chapter 10 (commencing with Section 10609.40) of Part 2.55 of Division 6 of the Water Code.
(e) (1) Sustainable groundwater management projects that use captured stormwater and floodwaters for recharge purposes.
(2) (A) Eligible projects pursuant to this subdivision shall include recharge projects that reduce contaminant loading to groundwater or dilute existing groundwater contamination.
(B) Projects described by this paragraph shall not cause or contribute to increased contamination of groundwater supplies used by disadvantaged communities.
(C) Preference shall be given to projects that benefit disadvantaged communities.
(f) Projects that improve water data collection, monitoring, and management to enhance the quality and availability of water data.
(g) Projects to reduce groundwater consumption and to restore habitat in groundwater basins subject to the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code). Grants may be for protection and habitat restoration consistent with a groundwater sustainability plan or an alternative approved by the Department of Water
Resources.
80238.
(a) Of the funds made available pursuant to Section 80235, one hundred million dollars ($100,000,000) shall be available to the Wildlife Conservation Board for groundwater sustainability projects that provide wildlife habitat and support implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).(b) (1) Of the funds described in this section, seventy-five million dollars ($75,000,000) shall be allocated for the creation, protection, or restoration of permanent wildlife habitat.
(2) Of the funds described in this section, ten million dollars ($10,000,000) shall be allocated for
contracts for seasonal wetland habitat that provide aquifer replenishment.
(3) Of the funds described in this section, ten million dollars ($10,000,000) shall be allocated for projects that improve groundwater supply. Projects may include groundwater recharge, improved baseflows in rivers and streams, and groundwater supply improvement for fish and wildlife habitat. Any groundwater supply benefits shall remain in the basin to support sustainable groundwater conditions.
80239.
Of the funds made available pursuant to Section 80235, three hundred million dollars ($300,000,000) shall be available for the protection and restoration of rivers, lakes, and streams to improve climate resilience, water supplies, water quality, and other benefits. To the extent feasible, preference shall be given to natural infrastructure projects. Eligible projects include, but are not limited to, any of the following:(a) Multibenefit river and urban stream parkway projects that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and provide urban access.
(b) One hundred eighty-five million dollars ($185,000,000) shall be
available to the Salton Sea Authority and allocated as follows:
(1) One hundred seventy-five million dollars ($175,000,000) for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resources Agency’s Salton Sea Management Program.
(2) Ten million dollars ($10,000,000) for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
(c) Multibenefit watershed protection or restoration projects that improve climate resilience within the Los Angeles River watershed and the San Gabriel River watershed and are implemented pursuant to Section 79508 of the Water Code.
80240.
Of the funds made available pursuant to Section 80235, one hundred fifty million dollars ($150,000,000) shall be available for flood management projects that are components of multibenefit flood management system improvements that reduce risks to public safety and provide improvement to wildlife habitat. Eligible project types include, but are not limited to, levee setbacks, projects connecting rivers with flood plains, enhancement of flood plains and bypasses, offstream groundwater recharge, and land acquisitions and easements necessary for these project types. To the extent feasible, project selection shall be guided by approved local hazard mitigation plans and preference shall be given to natural infrastructure projects. Eligible projects include any of the following:(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, the United States Army Corps of Engineers, or other federal mitigation and resilience funding.
(e) Projects that provide benefits to fish, waterfowl, wildlife, and anadromous and other native fish species along migratory corridors.
(f) Projects that restore streams to a more natural state by removing drainage obstructions, culverts, and paved channels to enable more stormwater to be absorbed and gradually released by soil and plants.
(g) Of the funds made available pursuant to this section, at least fifty million dollars ($50,000,000) shall be allocated for multibenefit flood management projects in urban coastal watersheds.
80241.
Of the funds made available pursuant to Section 80235, one hundred million dollars ($100,000,000) shall be available for recycled water projects pursuant to Section 79140 of the Water Code.
CHAPTER
9. Fiscal Provisions
80270.
(a) Bonds in the total amount of three billion nine hundred twenty million dollars ($3,920,000,000), not including the amount of any refunding bonds issued in accordance with Section 80282, 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.
80271.
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 apply to the bonds and to this division.80272.
(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 Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee is hereby created. For purposes of this division, the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee is the “committee,” as that term is used in the State General Obligation Bond Law.(b) The committee consists of the Director of Finance, the Treasurer, the Controller, and the Secretary of the Natural Resources Agency.
Notwithstanding any other law, any member may designate a representative to act as that member in their 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.
80273.
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.80274.
For purposes of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.80275.
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.80276.
Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division, and without regard to fiscal years, an amount that will equal the total of the following:(a) The sum necessary annually to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out Section 80279.
80277.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding any refunding bonds authorized pursuant to Section 80282, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 80279 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.80278.
Notwithstanding any other provision of this division, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required
or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.80279.
For purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80282, less any amount loaned pursuant to Section 80277 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.80280.
All moneys deposited in the fund that are derived from premiums and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premiums may be reserved and used to pay the cost of bond issuance before any transfer to the General Fund.80281.
Pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), the cost of bond issuance shall be paid or reimbursed out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be allocated proportionally to each program funded through this division by the applicable bond sale. 80282.
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.80283.
Notwithstanding Section 16727 of the Government Code, funds provided pursuant to this division may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code related to projects that are consistent with the purpose of the respective provisions of this division.80284.
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.