CHAPTER 1. General Provisions [90000 - 90620]
( Chapter 1 added by Stats. 2024, Ch. 83, Sec. 2. )
This division shall be known, and may be cited, as the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
(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.
(b) To the extent practicable, a project funded pursuant to this division shall include signage informing the public that the project received funding from the Safe Drinking Water,
Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
(c) Projects funded pursuant to this division shall, where appropriate, include the planning, monitoring, and reporting necessary to ensure successful implementation of this division’s objectives.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
For purposes of this division, the following definitions apply:
(a) “Committee” means the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Finance Committee created pursuant to Section 95002.
(b) “Community” has the same meaning as set forth in paragraph (1) of subdivision (a) of Section 65302.10 of the
Government Code.
(c) “Critical community infrastructure” means infrastructure that is necessary to providing vital community and individual functions, including, but not limited to, drinking and wastewater infrastructure, emergency shelters, communication and warning systems, evacuation routes, emergency power and public medical facilities, schools, town halls, hospitals, health clinics, community centers, community nonprofit facilities providing essential services, libraries, homeless shelters, senior and youth centers, childcare facilities, food banks, grocery stores, and parks and recreation sites.
(d) “Disadvantaged community” means a community with a median household income of less than 80 percent of the area average or less than 80 percent of statewide median household income.
(e) “Economically distressed
areas” has the same meaning as set forth in Section 79702 of the Water Code.
(f) “Natural infrastructure” has the same meaning as set forth in paragraph (3) of subdivision (c) of Section 71154.
(g) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(h) “Protection” includes those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources. Protection includes site monitoring, acquisition, development, restoration, preservation, and interpretation.
(i) (1) “Restoration” includes the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, any of the following:
(A) The control of erosion.
(B) Stormwater capture, treatment, reuse, and storage, or to otherwise reduce stormwater pollution.
(C) The control and elimination of invasive species and harmful algal blooms.
(D) The planting of native species.
(E) The removal of waste and debris.
(F) Prescribed burning and other fuel hazard reduction measures.
(G) Fencing out threats to existing or restored natural resources.
(H) Improving instream, riparian, floodplain, or wetland habitat conditions.
(I) Other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resources.
(J) Activities described in subdivision (b) of Section 79737 of the Water Code.
(2) “Restoration” also includes activities, including the planning, permitting, monitoring, and reporting that are necessary to ensure successful implementation of the restoration objectives.
(j) “Severely disadvantaged community” means a community with a median household income
of less than 60 percent of the area average or less than 60 percent of statewide median household income.
(k) “Socially disadvantaged farmer or rancher” has the same meaning set forth in Section 512 of the Food and Agricultural Code. This provision shall apply to the extent allowable by law.
(l) “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), as it may be amended from time to time.
(m) “Structure hardening” includes the installation, replacement, or retrofitting of building materials, systems, or assemblies used in the exterior design and construction of existing nonconforming structures with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of
Part 2 of Title 24 of the California Code of Regulations, or any appropriate successor regulatory code, with the primary purpose of reducing risk to structures from wildfire or conforming to the low-cost retrofit list, and updates to that list, developed pursuant to paragraph (1) of subdivision (c) of Section 51189 of the Government Code.
(n) “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.
(o) “Vulnerable population” means a subgroup of population within a region or community that faces a disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts.
(p) “Water board” means the State Water Resources Control Board.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
Funds provided by this division shall not be expended to fulfill any environmental mitigation requirements or compliance obligations imposed by law.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
An eligible applicant under this division is a public agency, local agency, nonprofit organization, special district, joint powers authority, tribe, public utility, local publicly owned utility, or mutual water company.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
The Legislature may enact legislation necessary to implement programs funded by this division.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
It is the intent of the Legislature that bond moneys shall not be used for shareholder incentives or profits for shareholders of private corporations.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
For grants awarded for projects under this division, the administering 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 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.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
For grants awarded for projects under this division, the administering agency may, when awarding a grant, reimburse the grantee’s indirect costs. When reimbursing a grantee for indirect costs, the administering agency shall apply one of the following rates as requested by the grantee:
(a) The grantee’s negotiated indirect cost rate pursuant to its negotiated indirect cost rate agreement.
(b) The de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
(c) A rate negotiated by the grantee with another state agency within the last five years.
(d) A rate proposed by the grantee in the grantee’s program application with the administering state agency if the grantee does not have an existing state rate.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
(a) 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 all of the following information:
(1) Information about the
location and footprint of each funded project.
(2) The project’s objectives.
(3) The status of the project.
(4) Anticipated outcomes.
(5) The public benefits to be derived from the project, including whether the project has meaningful and direct benefits to vulnerable populations, disadvantaged communities, or severely disadvantaged communities.
(6) The total cost of the project, if known.
(7) The amount of bond funding provided.
(8) Any matching moneys provided for the project by the grant recipient or other partners.
(9) The applicable chapter of this division pursuant to which the recipient received moneys.
(b) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. If an audit, required by law, 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 or arrange for a full audit of any or all of the activities funded pursuant to this division. Any audit of a federal Department of Energy or National Aeronautics and Space Administration research and development center pursuant to this section shall be conducted in accordance with the Federal Laboratory Contracting Act (Chapter 7 (commencing with Section 12500) of Part 2 of Division 2 of the Public Contract Code).
(c) A 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 the proceeds of bonds authorized by this division. These costs shall be shared proportionally by each program funded by this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the proceeds of bonds authorized by this division.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
At least 40 percent of the total funds available pursuant to this division shall be allocated for projects that provide meaningful and direct benefits to vulnerable populations or disadvantaged communities. At least 10 percent of the total funds available pursuant to this division shall be allocated for projects that provide meaningful and direct benefits to severely disadvantaged communities.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
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.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
(a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 95012, shall be deposited in the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air 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) Three billion eight hundred million dollars ($3,800,000,000) for safe drinking water, drought, flood, and water resilience programs, in accordance with Chapter 2 (commencing with Section 91000).
(2) One billion five hundred million dollars ($1,500,000,000) for wildfire and forest resilience programs, in accordance with Chapter 3 (commencing with Section 91500).
(3) One billion two hundred million dollars ($1,200,000,000) for coastal resilience programs, in accordance with Chapter 4 (commencing with Section 92000).
(4) Four hundred fifty million dollars ($450,000,000) for
extreme heat mitigation programs, in accordance with Chapter 5 (commencing with Section 92500).
(5) One billion two hundred million dollars ($1,200,000,000) for biodiversity protection and nature-based climate solution programs, in accordance with Chapter 6 (commencing with Section 93000).
(6) Three hundred million dollars ($300,000,000) for climate-smart, sustainable, and resilient farms, ranches, and working lands programs, in accordance with Chapter 7 (commencing with Section 93500).
(7) Seven hundred million dollars ($700,000,000) for park creation and outdoor access programs, in accordance with Chapter 8 (commencing with Section 94000).
(8) Eight hundred fifty million dollars ($850,000,000) for clean air programs, in accordance with Chapter 9
(commencing with Section 94500).
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
(a) An amount that equals not more than the lesser of 7 percent of the funds or twenty million dollars ($20,000,000) allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.
(b) (1) Up to 10 percent of the funds available pursuant to each chapter of this division may be allocated for technical
assistance to disadvantaged communities, severely disadvantaged communities, or vulnerable populations. The agency administering the moneys shall operate a multidisciplinary technical assistance program for disadvantaged communities, severely disadvantaged communities, or vulnerable populations.
(2) Funds used for providing technical assistance to disadvantaged communities, severely disadvantaged communities, or vulnerable populations may exceed 10 percent of the funds allocated under each chapter of this division if the state agency administering the moneys determines that there is a need for the additional funding.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
To the extent practicable, a project that receives moneys pursuant to this division may provide workforce education and training, contractor, and job opportunities for vulnerable populations.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)
Funds allocated pursuant to this division may be used by the Natural Resources Agency and its departments, boards, and conservancies to collaboratively fund projects at a landscape or multijurisdictional scale to provide multiple benefits.
(Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.)