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State
California
WC Sec 79148-79148.16 Coastal Nonpoint Source Control Program (SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT)

WATER CODE
SECTION 79148-79148.16





79148. The purpose of this article is to provide funding for
projects that restore and protect the water quality and environment
of coastal waters, estuaries, bays, and near shore waters and
groundwaters.


79148.2. Unless the context otherwise requires, the following
definitions govern the construction of this article:
(a) "Educational institution" means community colleges, state
colleges, and the University of California.
(b) "Local public agency" means any city, county, city and county,
district, or other political subdivision of the state.
(c) "Municipality" has the same meaning as defined in the Clean
Water Act and also includes the state or any agency, department, or
political subdivision thereof, and applicants eligible for technical
assistance under Section 319 (33 U.S.C. Sec. 1329) or grants under
Section 320 of the Clean Water Act (33 U.S.C. Sec. 1330).
(d) "Nonprofit organization" means any California corporation
organized under Section 501(c)(3) or 501(c)(5) of the Internal
Revenue Code.
(e) "Regional board" means a regional water quality control board.

(f) "Subaccount" means the Coastal Nonpoint Source Control
Subaccount created by Section 79148.4.



79148.4. There is hereby created in the account the Coastal
Nonpoint Source Control Subaccount.



79148.6. The sum of ninety million dollars ($90,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.



79148.7. Notwithstanding any other provision of this article, the
sum of four million dollars ($4,000,000), upon appropriation by the
Legislature to the board, shall be allocated by the board to the City
of Huntington Beach to fund multiagency studies to establish
recommendations to address coastal nonpoint source pollution in the
tidal marshes and coastal waters, and to implement those
recommendations. Agencies authorized to conduct the studies and
implement the recommendations may include, but need not be limited
to, municipal and county governments, flood control districts, and
sanitation districts.



79148.8. (a) The money in the subaccount, upon appropriation by the
Legislature to the board, may be used by the board, in consultation
with the California Coastal Commission, to award loans as provided in
subdivision (b), and to award grants not to exceed five million
dollars ($5,000,000) per project, to municipalities, local public
agencies, educational institutions, or nonprofit organizations for
the purposes of this article. Grants may be awarded for any of the
following projects:
(1) A project designed to improve water quality at public beaches
and to make improvements for the purpose of ensuring that coastal
waters adjacent to public beaches meet the bacteriological standards
set forth in Article 2 (commencing with Section 115875) of Chapter 5
of Part 10 of Division 104 of the Health and Safety Code.
(2) A project to provide comprehensive capability for monitoring,
collecting, and analyzing ambient water quality, including monitoring
technology that can be entered into a statewide information base
with standardized protocols and sampling, collection, storage and
retrieval procedures.
(3) A project to make improvements to existing sewer collection
systems and septic systems for the restoration and protection of
coastal water quality.
(4) A project designed to implement storm water and runoff
pollution reduction and prevention programs for the restoration and
protection of coastal water quality.
(5) A project that is consistent with the state's nonpoint source
control program, as revised to meet the requirements of Section 6217
of the federal Coastal Zone Act Reauthorization Amendments of 1990,
Section 319 of the federal Clean Water Act (33 U.S.C. Sec. 1329), and
the requirements of Division 7 (commencing with Section 13000).
(b) In addition to the grants authorized pursuant to subdivision
(a), the board may make loans not to exceed five million dollars
($5,000,000) per project to municipalities, local public agencies,
educational institutions, or nonprofit organizations for the purposes
set forth in paragraph (3) of subdivision (a).
(c) The projects funded from the subaccount shall demonstrate the
capability of contributing to sustained, long-term water quality or
environmental restoration or protection benefits for a period of 20
years, shall address the causes of degradation, rather than the
symptoms, and shall be consistent with water quality and resource
protection plans prepared, implemented, or adopted by the board, the
applicable regional water quality control board, and the California
Coastal Commission.
(d) An applicant for funds from the subaccount shall be required
to submit to the board a monitoring and reporting plan that does all
of the following:
(1) Identifies the nonpoint source or sources of pollution to be
prevented or reduced by the project.
(2) Describes the baseline water quality or quality of the
environment to be addressed.
(3) Describes the manner in which the project will be effective in
preventing or reducing pollution and in demonstrating the desired
environmental results.
(e) Upon completion of the project, a recipient of funds from the
subaccount shall submit a report to the board that summarizes the
completed activities and indicates whether the purposes of the
project have been met. The report shall include information
collected by the recipient in accordance with the project monitoring
and reporting plan, including a determination of the effectiveness of
the project in preventing or reducing pollution. The board shall
make the report available to the public, watershed groups, and
federal, state, and local agencies.
(f) If projects include capital costs for construction, those
costs shall be identified by the project applicant. The grant
recipient shall provide a matching contribution for the portion of
the project consisting of capital costs for construction, according
to the following formula:


Capital Cost Project Cost/Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive ....................... 20%
$125,000 to $999,999, inclusive ........................... 15%
$1 to $124,999, inclusive ................................. 10%

For the purposes of this subdivision, "capital costs" has the same
meaning as "cost" as defined in Section 32025 of the Public
Resources Code.
(g) Not more than 25 percent of a grant may be awarded in advance
of actual expenditure.
(h) An applicant for funds from the subaccount shall inform the
board of any necessary public agency approvals, entitlements, and
permits that may be necessary to implement the project. The
application shall certify to the board, at the appropriate time, that
those approvals, entitlements, and permits have been granted.
(i) Where recovery plans for coho salmon, steelhead trout, or
other threatened or endangered aquatic species exist, projects funded
under this article shall be consistent with those plans, and to the
extent feasible, shall seek to implement actions specified in those
plans.


79148.10. (a) Sixty percent of the money in the subaccount shall be
allocated to projects in the Counties of Riverside, Ventura, Los
Angeles, San Diego, Orange, or San Bernardino.
(b) Forty percent of the money in the subaccount shall be
allocated to projects in the counties not described in subdivision
(a).


79148.12. The board shall provide opportunity for public review and
comment in awarding funds pursuant to this article, and may, in
consultation with the California Coastal Commission, adopt
regulations to implement this article.


79148.14. No project shall receive funds under this article if it
receives funds pursuant to Article 2 (commencing with Section 79110).



79148.15. Notwithstanding any other provision of this article,
three million dollars ($3,000,000), upon appropriation by the
Legislature to the board, shall be allocated by the board to the San
Diego County Water Authority for environmental studies and
engineering studies for the San Diego Regional Conveyance Facility.




79148.16. Not more than 5 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this article.