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WC Sec 79500-79509.6 GENERAL PROVISIONS (WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002)
79500. This division shall be known and may be cited as the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
79501. The people of California find and declare that it is
necessary and in the public interest to do all of the following:
(a) Secure and safeguard the integrity of the state's water supply
from catastrophic damage or failure from terrorist acts or other
deliberate acts of destruction.
(b) Provide a safe, clean, affordable, and sufficient water supply
to meet the needs of California residents, farms, and businesses.
(c) Provide adequate financing for balanced implementation of the
CALFED Bay-Delta Program to:
(1) Provide good water quality for all beneficial uses.
(2) Improve and increase aquatic and terrestrial habitats and
improve ecological functions in the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary to support sustainable populations of diverse
plant and animal species.
(3) Reduce the mismatch between Bay-Delta water supplies and
current and projected beneficial uses dependent on the Bay-Delta
(4) Reduce the risk to land uses and associated economic
activities, water supply, infrastructure, and ecosystems from
catastrophic breaching of Delta levees.
(d) Establish and facilitate integrated regional water management
systems and procedures to meet increasing water demands due to
significant population growth that is straining local infrastructure
and water supplies.
(e) Improve practices within watersheds to improve water quality,
reduce pollution, capture additional storm water runoff, protect and
manage groundwater better, and increase water use efficiency.
(f) Protect urban communities from drought, increase supplies of
clean drinking water, reduce dependence on imported water, reduce
pollution of rivers, lakes, streams, and coastal waters, and provide
habitat for fish and wildlife.
(g) Invest in projects that further the ability of all
Californians to live within California's basic apportionment of 4.4
million acre-feet per year of Colorado River water pursuant to the
Colorado River Water Use Plan.
(h) Protect, restore, and acquire beaches and coastal uplands,
wetlands, and watershed lands along the coast and in San Francisco
Bay to protect the quality of drinking water, to keep beaches and
coastal waters safe from water pollution, and to provide the wildlife
and plant habitat and riparian and wetlands areas needed to support
functioning coastal and San Francisco Bay ecosystems for the benefit
of the people of California.
79502. It is the intent of the people in enacting this division
that it be administered and executed in the most expeditious manner
possible, and that all state, regional and local officials implement
this division to the fullest extent of their authority.
79503. It is the intent of the people that water facility projects
financed pursuant to this division shall be designed and constructed
so as to improve the security and safety of the state's drinking
79504. It is the intent of the people that investment of public
funds pursuant to this division should result in public benefits.
79505. As used in this division, the following terms shall have the
(a) "Acquisition" means the acquisition of a fee interest or any
other interest, including easements, leases, and development rights.
(b) "Board" means the State Water Resources Control Board.
(c) "CALFED" means the consortium of state and federal agencies
with management and regulatory responsibilities in the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary.
(d) "CALFED Bay-Delta Program" means the undertaking by CALFED to
develop and implement, by means of the final programmatic
environmental impact statement/environmental impact report, the
preferred programs, actions, projects, and related activities that
will provide solutions to identified problem areas related to the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem,
including but not limited to the Bay-Delta and its tributary
(e) "Department" means the Department of Water Resources.
(f) "Fund" means the Water Security, Clean Drinking Water, Coastal
and Beach Protection Fund of 2002 created pursuant to Section 79510.
(g) "Nonprofit organization" means any nonprofit corporation
formed pursuant to the Nonprofit Public Benefit Corporation Law
(Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code) and qualified under Section 501(c)(3) of the
United States Internal Revenue Code.
(h) "Secretary" means the Secretary of the Resources Agency.
(i) "Wetlands" means lands that may be covered periodically or
permanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps,
mudflats, fens, and vernal pools.
79505.5. As used in this division, the following terms shall have
the following meanings:
(a) "Disadvantaged community" means a community with an annual
median household income that is less than 80 percent of the statewide
annual median household income.
(b) "Matching funds" means funds made available by nonstate
sources, which may include, but are not limited to, donated services
from nonstate sources.
(c) Notwithstanding subdivision (b), matching funds for a state
agency may include state funds and services.
79505.6. (a) (1) By March 15, 2004, each state agency disbursing
grants or loans pursuant to this division shall develop project
solicitation and evaluation guidelines. The guidelines may include a
limitation on the size of grants or loans to be awarded.
(2) Prior to disbursing grants, each state agency shall conduct
two public meetings to consider public comments prior to finalizing
the guidelines. Each 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 and one meeting shall
be conducted at a location in southern California. Upon adoption,
each state agency shall transmit copies of the guidelines to the
fiscal committees and the appropriate policy committees of the
Legislature. To the extent feasible, each state agency shall provide
outreach to disadvantaged communities to promote access and
participation in those meetings.
(3) (A) Subject to subparagraph (B), the guidelines may include a
requirement for matching funds.
(B) A state agency may not require matching funds for the purposes
of awarding a grant financed by this division to assist a
disadvantaged community, except as follows:
(i) For the purposes of awarding a grant pursuant to subdivision
(a) of Section 79545, the department shall impose matching fund
requirements in accordance with subdivision (a) of Section 79545.
(ii) For the purposes of awarding a grant subject to Section
79564, the board shall impose matching fund requirements in
accordance with subdivision (b) of Section 79564.
(b) Notwithstanding subdivision (a), a state agency, in lieu of
adopting guidelines pursuant to subdivision (a), may use guidelines
existing on January 1, 2004, to the extent those guidelines conform
to the applicable requirements of this division.
79506. Every proposed activity to be financed pursuant to this
division shall be in compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) of the
Public Resources Code.
79506.7. State agencies that are authorized to award loans or
grants financed by this division shall provide technical assistance
with regard to the preparation of the applications for those loans or
grants in a manner that, among other things, addresses the needs of
economically disadvantaged communities.
79507. Watershed protection activities financed pursuant to this
division shall be consistent with the applicable adopted local
watershed management plan and the applicable regional water quality
control plan adopted by the regional water quality control board.
79508. Watershed protection activities in the San Gabriel and Los
Angeles River watersheds shall be consistent with the San Gabriel and
Los Angeles River Watershed and Open Space Plan as adopted by the
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
and the Santa Monica Mountains Conservancy. Notwithstanding any
other provision of law, this plan shall be implemented pursuant to
Division 23 (commencing with Section 33000) of the Public Resources
Code in the watershed of the Los Angeles River upstream of the
northernmost boundary of the City of Vernon and pursuant to Division
22.8 (commencing with Section 32600) of the Public Resources Code in
the San Gabriel River and in the lower Los Angeles River watershed.
79509. Except for projects financed pursuant to Chapter 6
(commencing with Section 79545) or Chapter 10 (commencing with
Section 79570), to be eligible to be financed pursuant to this
division, any project that will wholly or partially assist in the
fulfillment of one or more of the goals of the CALFED Bay-Delta
Program shall be consistent with the CALFED Programmatic Record of
Decision, and shall be implemented, to the maximum extent possible,
through local and regional programs.
79509.6. (a) For the purposes of ensuring compliance with Section
79509, the California Bay-Delta Authority shall review regulations,
guidelines, or criteria that are proposed by an implementing agency
to carry out a grant program for projects and activities that meet
the following criteria:
(1) The project is located within the CALFED solution area as
defined in the CALFED final programmatic environmental impact
statement/environmental impact report, dated July 2000.
(2) The project wholly or partially assists in the fulfillment of
one or more of the goals of the CALFED Bay-Delta Program.
(b) Except for projects financed pursuant to Chapter 6 (commencing
with Section 79545) or Chapter 10 (commencing with Section 79570),
the California Bay-Delta Authority may review, and comment to the
appropriate implementing agency with regard to, a proposal to award a
grant pursuant to this division on behalf of a project that meets
the criteria set forth in subdivision (a) for the purposes of
determining whether or not the project is consistent with the CALFED
Programmatic Record of Decision.
(c) To avoid any delays in project awards, the opportunity for
review by the California Bay-Delta Authority pursuant to subdivision
(b) shall be incorporated into the grant program schedules
established by the implementing agencies.
(d) For the purposes of this section, "implementing agency" has
the same definition as that set forth in subdivision (h) of Section