CHAPTER 1. General Provisions [75001 - 75009]
( Chapter 1 added November 7, 2006, by initiative Proposition 84. )
This Division shall be known and may be cited as the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.
(Added November 7, 2006, by initiative Proposition 84.)
The people of California find and declare that protecting the state’s drinking water and water resources is vital to the public health, the state’s economy, and the environment.
(Added November 7, 2006, by initiative Proposition 84.)
The people of California further find and declare that the state’s waters are vulnerable to contamination by dangerous bacteria, polluted runoff, toxic chemicals, damage from catastrophic floods and the demands of a growing population. Therefore, actions must be taken to ensure safe drinking water and a reliable supply of water for farms, cities and businesses, as well as to protect California’s rivers, lakes, streams, beaches, bays and coastal waters, for this and future generations.
(Added November 7, 2006, by initiative Proposition 84.)
The people of California further find and declare that it is necessary and in the public interest to do all of the following:
(a) Ensure that safe drinking water is available to all Californians by:
(1) Providing for emergency assistance to communities with contaminated sources of drinking water.
(2) Assisting small communities in making the improvements needed in their water systems to clean up and protect their drinking water from contamination.
(3) Providing grants and loans for safe drinking water and water pollution prevention projects.
(4) Protecting the water quality of the Sacramento-San Joaquin Delta, a key source of drinking water for 23 million Californians.
(5) Assisting each region of the state in improving local water supply reliability and water quality.
(6) Resolving water-related conflicts, improving local and regional water self-sufficiency and reducing reliance on imported water.
(b) Protect the public from catastrophic floods by identifying and mapping the areas most at risk, inspecting and repairing levees and flood control facilities, and reducing the long-term costs of flood management, reducing future flood risk and maximizing public benefits by planning, designing and implementing multi-objective flood corridor projects.
(c) Protect the rivers, lakes and streams of the state from pollution, loss of water quality, and destruction of fish and wildlife habitat.
(d) Protect the beaches, bays and coastal waters of the state for future generations.
(e) Revitalizing our communities and making them more sustainable and livable by investing in sound land use planning, local parks and urban greening.
(Added November 7, 2006, by initiative Proposition 84.)
The people of California further find and declare that the growth in population of the state and the impacts of climate change pose significant challenges. These challenges must be addressed through careful planning and through improvements in land use and water management that both reduce contributions to global warming and improve the adaptability of our water and flood control systems. Improvements include better integration of water supply, water quality, flood control and ecosystem protection, as well greater water use efficiency and conservation to reduce energy consumption.
(Added November 7, 2006, by initiative Proposition 84.)
It is the intent of the people that investment of public funds pursuant to this division should result in public benefits.
(Added November 7, 2006, by initiative Proposition 84.)
As used in this division, the following terms have the following meanings:
(a) “Acquisition” means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights.
(b) “Board” means the Wildlife Conservation Board.
(c) “California Water Plan” means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments.
(d) “Delta” means the Sacramento-San Joaquin River Delta.
(e) “Department” means the Department of Water Resources.
(f) “Development” includes, but is not limited to the physical improvement of real property including the construction of facilities or structures.
(g) “Disadvantaged community” means a community with a median household income less than 80% of the statewide average. “Severely disadvantaged community” means a community with a median household income less than 60% of the statewide average.
(h) “Fund” means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006.
(i) “Interpretation” includes, but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation.
(j) “Local conservation corps” means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406.
(k) “Nonprofit organization” means any nonprofit corporation qualified to do business in California, and qualified under Section 501 (c)(3) of the Internal Revenue Code.
(l) “Preservation” means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities.
(m) “Protection” means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation.
(n) “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, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring and reporting necessary to ensure successful implementation of the project objectives.
(o) “Secretary” means the Secretary of the Resources Agency.
(p) “State Board” means the State Water Resources Control Board.
(Added November 7, 2006, by initiative Proposition 84.)
The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006, which is hereby created. Except as specifically provided in this division the money shall be available for appropriation by the Legislature, in the manner and for the purposes set forth in this division in accordance with the following schedule:
(a) The sum of one billion five hundred twenty five million dollars ($1,525,000,000) for safe drinking water, water quality and other water projects in accordance with the provisions of Chapter 2.
(b) The sum of eight hundred million dollars ($800,000,000) for flood control projects in accordance with the provisions of Chapter 3.
(c) The sum of sixty five million dollars ($65,000,000) for statewide water management in accordance with the provisions of Chapter 4.
(d) The sum of nine hundred twenty eight million dollars ($928,000,000) for the protection of rivers, lakes and streams in accordance with the provisions of Chapter 5.
(e) The sum of four hundred fifty million dollars ($450,000,000) for forest and wildlife conservation in accordance with the provisions of Chapter 6.
(f) The sum of five hundred forty million dollars ($540,000,000) for the protection of beaches, bays, and coastal waters and watersheds in accordance with the provisions of Chapter 7.
(g) The sum of five hundred million dollars ($500,000,000) for state parks and nature education facilities in accordance with Chapter 8.
(h) The sum of five hundred eighty million dollars ($580,000,000) for sustainable communities and climate change reduction projects in accordance with Chapter 9.
(Added November 7, 2006, by initiative Proposition 84.)