HomeMy WebLinkAboutMINUTES - 08152006 - C.53 s-----
?�..:.. ._:-�� Contra
-`s Costa
TO: BOARD OF SUPERVISORS -�¢ County
Usq-cdu7 c'1
FROM: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Supervisor Federal Glover, Chair
Supervisor Mary N., Piepho
DATE: August 15, 2006
SUBJECT: Report on Proposition 84, the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal protection Bond Act of 2006
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
SUPPORT Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Act of 2006, as recommended by the Transportation, Water and
Infrastructure Committee.
FISCAL IMPACT
There is no fiscal impact to the County from the abovementioned action.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE
APPROVE IOTHER
SIGNATURE(S):
Su ervisor Federal Glover, Chair Supervisor Mary N. Pie ho
ACTION OF BOARD ON G APPROVED AS RECOMMENDED �GO R _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
)(UNANIMOUS (ABSENT z2�1 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Roberta Goulart (925) 335-1226) ATTESTED ao�
ij/
cc: Community Development Department (CDD) JOH LL , CLERK OF
County Administrator's Office THE BOARD OF SUPERVISORS
Public Works, Flood Control District AND COUNTY ADMINISTRATOR
BY ; DEPUTY
Reasons for Recommendation/ Background
The initiative would provide $5.4 billion in bond funding for a number of key infrastructure
needs, as detailed in the attached summary by the Legislative Analyst. The Transportation,
Water and Infrastructure Committee recommends a position of support on Proposition 84.
A few key allocations of direct interest to the County are outlined below:
• $800 million for flood control projects, including flood control projects in the Delta,
local flood control subventions, and assistance to local agencies with floodplain
mapping; also key is fundi n g for local assistance through the delta levees
maintenance subventions program, and special projects funds for levees.
• $1.525 billion for water quality and water supply programs, including $130 million for
Delta water quality
• $100 million for restoration of the San Joaquin River
$400 million for local and regional parks
• $108 for San Francisco Bay, including protection of watersheds and streams that drain
to the Bay
• $90 million for Natural Community Conservation Plans (NCCPs), such as the NCCP
for East Contra Costa County
It should also be noted that the 2006 State Legislative Platform for Contra Costa County
includes the following item concerning developing a bond measure related to parks:
58. SUPPORT efforts to develop a State Park Bond measure for consideration by the electorate that
provides a fair share of fund ling to Contra Costa County, including but not limited to per capita
apportionment of funds for local parks that does not differentiate between residents of
unincorporated and incorporated areas as well as funding for land acquisition and restoration under
Natural Community Conservation Plans, such as the plan being developed for East County.
Proposition 84 meets both criteria. The measure would allocate $90 million to NCCPs. It
also allocates $400 million for grants for local and regional parks but doesn't stipulate the
precise allocations, affording an opportunity to address the County's concerns with the
inequities of the past park bond allocations to local parks.
Proposition 84 also provides$275 million for levee programs which address all levees within the
delta, not just those associated with flood control along the Sacramento and San Joaquin Rivers.
Of particular importance are the western delta levees critical to preservation of water quality to
Contra Costa County, as well as to millions of water users throughout the state. This funding is
critical to programs such as the delta levees maintenance subventions, and delta levee special
projects.
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Legislative Analyst's Office
7/20/2006 10:00 AM
FINAL
Proposition 84
Water Quality, Safety and Supply. Flood Control. Natural Resource
Protection. Park Improvements. Bonds. Initiative Statute.
Background
State Spending on Resources Programs. The state operates a variety of programs to
conserve natural resources,protect the environment,provide flood control, and offer
recreational opportunities for the public. The state also operates a program to plan for
future water supplies, flood control, and other water-related requirements of a growing
population. In addition to direct state expenditures, the state also provides grants and
loans to local governments and nonprofit organizations for similar purposes. These
programs support a variety of specific purposes,including:
• Natural Resource Conservation. The state has provided funds to purchase,
protect, and improve natural areas—including wilderness and open-space
areas; wildlife habitat; coastal wetlands; forests; and rivers,lakes, streams,
and their watersheds.
• Safe Drinking Watl er. he state has made loans and grants to public water
systems for facility i provements to meet state and federal safe drinking
water standards.
• Flood Control. The state has funded the construction and repair of flood
control projects in the state Central Valley flood control system. The state has
also provided financial assistance to local agencies for local flood control
projects in the Sacramento-San Joaquin River Delta and in other areas outside
the Central Valley)
• Other Water Quality and Water Supply Projects. The state has made
available funds for various other projects throughout the state that improve
water quality and or the reliability of water supplies. For example,the state
has provided loans and grants to local agencies for the construction and
implementation of wastewater treatment,water conservation, and water
pollution reduction projects.
• State and Local Parks. The state operates the state park system, and has
provided funds to local governments for the acquisition,maintenance, and
operation of local and regional parks.
Funding for Resources Programs. Funding for these various programs has
traditionally come from General Fund revenues,federal funds, and general obligation
bonds. Since 1996,voters have authorized approximately$11 billion in general
obligation bonds for various resources purposes. Of this amount, approximately
Page 1 of 4
Legislative Analyst's Office
7/20/2006 10:00 AM
FINAL
$1.4 billion is projected to remain available for new projects as of June 30, 2006,
primarily for water-related purposes. Legislation enacted earlier this year provides
$500 million from the General)Fund for emergency levee repairs and other flood
control-related expenditures.
Proposal
This initiative allows the state to sell$5.4 billion in general obligation bonds for safe
drinking water,water quality and water supply; flood control;natural resource
protection; and park improvements. (See "An Overview of State Bond Debt" for basic
information on state general obligation bonds.) Figure 1 summarizes the purposes for
which the bond money would be available for expenditure by various state agencies
and for loans and grants, primarily to local agencies and nonprofit organizations. In
order to spend most of these bond funds, the measure requires the Legislature to
appropriate them in the annual budget act or other legislation.
Page 2 of 4
Legislative Analyst's Office
7/20/2006 10:00 AM
FINAL
Figure 1
Proposition 84
Uses of Bond Funds
Amounts
(In Millions)
Water Quality $1,525
• Integrated regional water management. 1,000
• Safe drinking water. 380
• Delta and a riculture water quality. 145
Protection of Rivers,Lakes,and Streams $928
• Regional conservancies. 279
• Other projects—public access, river parkways, urban stream 189
restoration,California Conservation Corps.
• Delta and coasta0isheries restoration. 180
• Restoration of the, San Joaquin River. 100
• Restoration projets related to the Colorado River. 90
• Stormwater pollution prevention. 90
FloodControl $800
• State flood control projects—evaluation,system improvements, 315
flood corridor program.
• Flood control projects in the Delta. 275
• Local flood control subventions(outside the Central Valley flood 180
control system).
• Floodplain mapping and assistance for local land use planning. 30
Sustainable Communities and Climate Change Reduction $580
• Local and regional parks. 400
• Urban water andl energy conservation projects. 90
• Incentives for conservation in local planning. 90
Protection of Beaches,Bays,and!CoastaI Waters $540
• Protection of various coastal areas and watersheds. 360
• Clean Beaches Program. 90
• California Ocean Protection Trust Fund—marine resources, 90
sustainable fisheries,and marine wildlife conservation.
Parks and Natural Education Facilities $500
• State park system—acquisition,development, and restoration. 400
• Nature education and research facilities. 100
Forest:and Wildlife Conservation $450 '
• Wildlife habitat protection. 225
• Forest conservation. 180
• Protection of ranches,farms,and oak woodlands. 45
Statewide Water:Planning $65 "
• Planning for future water needs,water conveyance systems,and 65
flood control projects.
Total $5,388
Page 3 of 4
Legislative Analyst's Office
7/20/2006 10:00 AM
FINAL
Fiscal Effects
Bond Costs. The cost of these bonds would depend on interest rates in effect at the
time they are sold and the time period over which they are repaid. The state would
likely make principal and interest payments from the state's General Fund over a
period of about 30 years. If the bonds were sold at an average interest rate of 5 percent,
the cost would be about$10.5 billion to pay off both the principal ($5.4 billion) and
interest ($5.1 billion). The average payment would be about$350 million per year.
Property Tax-Related Imp I cts. The initiative provides funds for land acquisition by
governments and nonprofit organizations for various purposes. Under state law,
property owned by government entities and by nonprofit organizations (under
specified conditions) is exempt from property taxation. To the extent that this initiative
results in property being exempted from taxation due-to acquisitions by governments
and nonprofit organizations, local governments would receive reduced property tax
revenues. We estimate these reduced"property tax revenues would be several million
dollars annually.
Operational Costs. State and local governments may incur additional costs to
operate or maintain the properties or projects, such as new park facilities, that are
purchased or developed with these bond funds. The amount of these potential
additional costs is unknown,but could be tens of millions of dollars per year.
Page 4 of 4
Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006
Initiative Text
Section. 1: Division 43 is added to the Public Resources Code to read:
Division 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD
CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006
Chapter 1.General Provisions
75001.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.
75002. 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.
75002.5.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.
75003.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 regign 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 pubic 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.
75003.5.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.
75004. It is the intent of the people that investment of public funds pursuant to this division
should result in public benefits.
75005. 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.
Q) "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.
(1) "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 interpretations
(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" meansl the Secretary of the Resources Agency.
(p) "State Board" means the State Water Resources Control Board.
75009.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
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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 lthe 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.
Chapter 2. Safe Drinking Water and Water Quality Projects
75020. This chapter is intended to provide the funds necessary to address the most
critical water needs of the state lincluding the provision of safe drinking water to all Californians,
the protection of water quality and the environment, and the improvement of water supply
reliability.
75021. (a)The sum of ten million dollars ($10,000,000) shall be available to the
Department of Health Services lfor grants and direct expenditures to fund emergency and urgent
actions to ensure that safe drinking water supplies are available to all Californians. Eligible
projects include, but are not limited to,the following:
(1) Providing alternate water supplies including bottled water where necessary to protect
public health.
(2) Improvements in existing water systems necessary to prevent contamination or
provide other sources of safe drinking water including replacement wells.
(3) Establishing connections to an adjacent water system.
(4) Design, purchase, installation and initial operation costs for water treatment
equipment and systems.
(b) Grants and expenditures shall not exceed$250,000 per project.
(c) Direct expenditures for the purposes of this section shall be exempt from contracting
and procurement requirements' to the extent necessary to take immediate action to protect public
health and safety.
75022.The sum of one hundred eighty million dollars ($180,000,000) shall be available
to the Department of Health Services for grants for small community drinking water system
infrastructure improvements and related actions to meet safe drinking water standards. Priority
shall be given to projects that laddress chemical and nitrate contaminants, other health hazards
and by whether the community is disadvantaged or severely disadvantaged.. Special
consideration shall be given to small communities with limited financial resources. Eligible
recipients include public agencies and incorporated mutual water companies that serve
disadvantaged communities. IThe Department of Health Services may make grants for the
purpose of financing feasibility studies and to meet the eligibility requirements for a construction
grant. Construction grants shall be limited to$5,000,000 per project and not more than twenty
five percent of a grant may be awarded in advance of actual expenditures. The Department of
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Health Services may expend up to$5,000,000 of the funds allocated in this section for technical
assistance to eligible communities.
75023. For the purpose If providing the state share needed to leverage federal funds to
assist communities in providing safe drinking water,the sum of fifty million dollars ($50,000,000)
shall be available for deposit into the Safe Drinking Water State Revolving Fund (Section
116760.30 of the Health and Safety Code).
75024. For the purpose f providing the state share needed to leverage federal funds to
assist communities in making those infrastructure investments necessary to prevent pollution of
drinking water sources, the sumlof eighty million dollars ($80,000,000)shall be available for
deposit into the State Water Pollution Control Revolving Fund (Section 13477 of the Water Code).
75025.The sum of sixty, million dollars ($60,000,000) shall be available to the
Department of Health Services for the purpose of loans and grants for projects to prevent or
reduce contamination of groundwater that serves as a source of drinking water. The Department
of Health Services shall require Irepayment for costs that are subsequently recovered from parties
responsible for the contamination. The Legislature may enact legislation necessary to implement
this section.
75026. (a)The sum of one billion dollars ($1,000,000,000) shall be available to the
department for grants for projects that assist local public agencies to meet the long term water
needs of the state including the delivery of safe drinking water and the protection of water quality
and the environment. Eligible projects must implement integrated regional water management
plans that meet the requirements of this section. Integrated regional water management plans
shall identify and address the major water related objectives and conflicts within the region,
consider all of the resource management strategies identified in the California Water Plan, and
use an integrated, multi-benefit approach to project selection and design. Pians shall include
performance measures and monitoring to document progress toward meeting plan objectives.
Projects that may be funded pursuant to this section must be consistent with an adopted
integrated regional water management plan or its functional equivalent as defined in the
department's integrated Regional Water Management Guidelines, must provide multiple benefits,
and must include one or more of the following project elements:
(1)Water supply reliability,water conservation and water use efficiency.
(2) Storm water capture, storage, clean-up,treatment, and management.
(3) Removal of invasive non-native species, the creation and enhancement of wetlands,
and the acquisition, protection, and restoration of open space and watershed lands.
(4) Non-point source pollution reduction, management and monitoring.
(5) Groundwater recharge and management projects.
(6) Contaminant and salt removal through reclamation, desalting, and other treatment
technologies and conveyance lof reclaimed water for distribution to users.
(7)Water banking, exchange, reclamation and improvement of water quality.
(8) Planning and implementation of multipurpose flood management programs.
(9)Watershed protection and management.
(10) Drinking water treatment and distribution.
(11) Ecosystem and fisheries restoration and protection.
(b) The Department of Water Resources shall give preference to proposals that satisfy
the following criteria:
(1) Proposals that effectively integrate water management programs and projects within a
hydrologic region identified inithe California Water Plan; the Regional Water Quality Control
Board region or subdivision or other region or sub-region specifically identified by the department.
(2) Proposals that effectively integrate water management with land use planning.
(3) Proposals that effectively resolve significant water-related conflicts within or between
regions.
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(4) Proposals that contribute to the attainment of one or more of the objectives of the
CALFED Bay Delta Program.
(5) Proposals that address statewide priorities.
(6) Proposals that address critical water supply or water quality needs for disadvantaged
communities within the region.
(c) Not more that 5%of the funds provided by this section may be used for grants or
direct expenditures for the development, updating or improvement of integrated regional water
management plans.
(d)The department shall coordinate the provisions of this section with the program
provided in Chapter 8 of Division 26.5 of the Water Code and may implement this section using
existing Integrated Regional Water Management Guidelines.
75027. (a) The funding provided in Section 75026 shall be allocated to each hydrologic
region as identified in the California Water Plan and listed below. For the South Coast Region,
the department shall establish three sub-regions that reflect the San Diego county watersheds,
the Santa Ana River watershed,land the Los Angeles--Ventura County watersheds respectively,
and allocate funds to those sub-regions. The North and South Lahontan regions shall be treated
as one region for the purpose oflallocating funds, but the department may require separate
regional plans. Funds provided in Section 75026 shall be allocated according to the following
schedule:
(1) North Coast $37,000,000
(2) San Francisco Bay $138,000,000
(3) Central Coast $52,000,000
(4) Los Angeles sub-region $215,000,000
(5) Santa Ana sub-region $114,000,000
(6) San Diego sub-region $91,000,000
(7) Sacramento River $73,000,000
(8) San Joaquin River $57,000,000
(9)Tulare/Kern (Tulare Lake) $60,000,000
(10) North/South Lahontan $27,000,000
(11) Colorado River Basin $36,000,000
(12) Inter-regional/Unallocated $100,000,000
(b)The interregional a h�d unallocated funds provided in subdivision (a) may be expended
directly or granted by the department to address multi-regional needs or issues of statewide
significance.
75028. (a)The department shall allocate grants on a competitive basis within each
identified hydrologic region or sub-region pursuant to Section 75027. The department may
establish standards and procedures for the development and approval of local project selection
processes within hydrologic regions and sub-regions identified in Section 75027. The
department shall defer to approved local project selection, and review projects only for
consistency with the purposeslof Section 75026.
(b) If a hydrologic region or sub-region identified in Section 75027 does not have any
adopted plan that meets the requirements of Section 75026 at the time of the department's grant
selection process,the funds allocated to that hydrologic region or sub-region shall not be
reallocated to another region but will remain unallocated until such time as an adopted plan from
the hydrologic region or sub-region is submitted to the department.
75029. The sum of olne hundred thirty million dollars ($130,000,000)shall be available to
the department for grants to implement Delta water quality improvement projects that protect
drinking water supplies. The,department shall require a cost share from local agencies. Eligible
projects are:
(a) Projects that reduce or eliminate discharges of salt, dissolved organic carbon,
pesticides, pathogens and other pollutants to the San Joaquin River. Not less than forty million
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($40,000,000) shall be available to implement projects to reduce or eliminate discharges of
subsurface agricultural drain water from the west side of the San Joaquin Valley for the purpose
of improving water quality in the San Joaquin River and the Delta.
(b) Projects that reduce or eliminate discharges of bromide, dissolved organic carbon,
salt, pesticides and pathogens from discharges to the Sacramento River.
(c) Projects at Franks Tract and other locations in the Delta that will reduce salinity or
other pollutants at agricultural and drinking water intakes.
(d) Projects identified in the June 2005 Delta Region Drinking Water Quality Management
Plan, with a priority for design and construction of the relocation of drinking water intake facilities
for in-delta water users.
75029.5. The sum of fifteen million dollars ($15,000,000) shall be available to the state
board for grants to public agencies and non-profit organizations for projects that reduce the
discharge of pollutants from agricultural operations into surface waters of the state.
Chapter 3. Flood Control
75030.This chapter is intended to provide the funding needed to address short term
flood control needs such as levee inspection and evaluation,floodplain mapping and improving
the effectiveness of emergency(response, and providing funding for critical immediate flood
control needs throughout the state. It is also intended to provide a framework to support long
term strategies that will require the establishment of more effective levee maintenance programs,
better floodplain management and more balanced allocation of liability and responsibility between
the federal, state and local governments.
75031. The sum of thi I y million dollars ($30,000,000) shall be available to the
department for the purposes of floodplain mapping, assisting local land-use planning, and to
avoid or reduce future flood risks and damages. Eligible projects include, but are not limited to:
(a) Mapping floodplams.
(b) Mapping rural areas with potential for urbanization.
(c) Mapping and identification of flood risk in high density urban areas.
(d) Mapping flood hazard areas.
(e) Updating outdated floodplain maps.
(f) Mapping of riverine floodplains, alluvial fans, and coastal flood hazard areas.
(g) Collecting topographic and hydrographic survey data.
75032.The sum of two hundred seventy five million dollars ($275,000,000) shall be
available to the department for the following flood control projects:
(a)The inspection and evaluation of the integrity and capability of existing flood control
project facilities and the development of an economically viable flood control rehabilitation plan.
(b) Improvement, construction, modification, and relocation of flood control levees, weirs,
or bypasses including repair of critical bank and levee erosion.
(c) Projects to improve the department's emergency response capability.
(d) Environmental mitigation and infrastructure relocation costs related to projects under
this section.
(e) To the extent feasible,the department shall implement a multi-objective management
approach for floodplains that would include, but not be limited to, increased flood protection,
ecosystem restoration, and farmland protection.
75032.4. Notwithstanl ing Section 13340 of the Government Code, the funds allocated in
Sections 75031 and 75032 are continuously appropriated to the department for the purposes of
thosb,sections.
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75032.5 The sum of forty million dollars ($40,000,000) shall be available to the
department for Flood Protection Corridor projects that are consistent with Water Code Section
79037.
75033. The sum of two hundred seventy five million dollars ($275,000,000)shall be
available to the department for flood control projects in the Delta designed to increase the
department's ability to respond to levee breaches and to reduce the potential for levee failures.
The funds provided by this section shall be available for the following purposes:
(a) Projects to improve emergency response preparedness.
(b) Local assistance under the delta levee maintenance subventions program under Part
9 (commencing with Section 12980) of Division 6 of the Water Code.
(c) Special flood protection projects under Chapter 2 (commencing with Section 12310) of
Part 4.8 of Division 6 of the Water Code, including projects for the acquisition, preservation,
protection and restoration of Delta lands for the purpose of flood control and to meet multiple
objectives such as drinking water quality ecosystem restoration and water supply reliability.
(d) All projects shall be subject to the provisions of Water Code Section 79050.
75034. The sum of one hundred eighty million dollars ($180,000,000) shall be available
to the department for the purposes of funding the state's share of the nonfederal costs of flood
control and flood prevention projects for which assurances required by the federal government
have been provided by a local agency and which have been authorized under the State Water
Resources Law of 1945 (Chapter 1 (commencing with Section 12570)and Chapter 2
(commencing with Section 12639) of Part 6 of Division 6 of the Water Code), the Flood Control
Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6 of the Water
Code), and the California Watershed Protection and Flood Prevention Law (Chapter 4
(commencing with Section 12850) of Part 6 of Division 6 of the Water Code), including the credits
and loans to local agencies pursuant to Sections 12585.3 and 12585.4, subdivision (d) of Section
12585.5, and Sections 12866.3 and 12866.4 of the Water Code, and to implement Chapter 3.5
(commencing with Section 12840) of Part 6 of Division 6 of the Water Code. Projects eligible for
funding pursuant to this section shall comply with the requirements of AB 1147 (Statutes of 2000,
Chapter 1071).
Chapter 4. Statewide Water Planning and Design
75041. The Sum of sixty five million dollars ($65,000,000)shall be available to the
department for planning and feasibility studies related to the existing and potential future needs
for California's water supply, conveyance and flood control systems. The studies shall be
designed to promote integrated, multi-benefit approaches that maximize the public benefits of the
overall system including protection of the public from floods, water supply reliability, water quality,
and fish, wildlife and habitat protection and restoration. Projects to be funded include:
(a) Evaluation of climate change impacts on the state's water supply and flood control
systems and the development of system redesign alternatives to improve adaptability and public
benefits.
(b) Surface water storage planning and feasibility studies pursuant to the CALFED Bay-
Delta Program.
(c) Modeling and feas bility studies to evaluate the potential for improving flood protection
and water supply through coordinating groundwater storage and reservoir operations.
(d) Other planning and feasibility studies necessary to improve the integration of flood
control and water supply systems.
Chapte5. Protection of Rivers, Lakes and Streams
75050. The sum of nine hundred twenty eight million dollars ($928,000,000)shall be
available for the protection ar'd restoration of rivers, lakes and Streams, their watersheds and
associated land, water, and other natural resources in accordance with the following schedule:
7
(a)The sum of one hundred eighty million dollars ($180,00,0,000) shall be available to the
Department of Fish and Game, in consultation with the department, for Bay-Delta and coastal
fishery restoration projects. Of the funds provided in this section, up to$20,000,000 shall be
available for the development of alnatural community conservation plan for the CALFED Bay-
Delta Program and up to$45,000,000 shall be available for coastal salmon and steelhead fishery
restoration projects that support the development and implementation of species recovery plans
and strategies for salmonid specie's listed as threatened or endangered under state or federal
law.
(b) The sum of ninety million dollars($90,000,000) shall be available for projects related
to the Colorado River in accordance with the following schedule:
(1) Not more than$36,000,000 shall be available to the department for water
conservation projects that implement the Allocation Agreement as defined in the Quantification
Settlement Agreement.
(2) Not more than $7,000,000 shall be available to the Department of Fish and Game for
projects to implement the Lower Colorado River Multi-Species Habitat Conservation Plan.
(3) $47,000,000 shall be available for deposit into the Salton Sea Restoration Fund.
(c)The sum of fifty four million dollars ($54,000,000) shall be available to the department
for development, rehabilitation, acquisition, and restoration costs related to providing public
access to recreation and fish and wildlife resources in connection with state water project
obligations pursuant to Water Code Section 11912.
(d)The sum of seventy two million dollars ($72,000,000) shall be available to the
secretary for projects in accordance with the California River Parkways Act of 2004 Chapter 3.8
(commencing with Section 5750) of Division 5. Up to$10,000,000 may be transferred to the
Department of Conservation for the Watershed Coordinator Grant Program.
(e)The sum of eighteen)million dollars ($18,000,000) shall be available to the department
for the Urban Streams Restoration Program pursuant to Water Code Section 7048.
(f)The sum of thirty six million dollars ($36,000;000) shall be available for river parkway
projects to the San Joaquin River Conservancy.
(g) The sum of seventy two million dollars ($72,000,000) shall be available for projects
within the watersheds of the Loi Angeles and San Gabriel Rivers according to the following
schedule:
(1) $36,000,000 to the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy pursuant to Division 22.8 (commencing with Section 32600).
(2) $36,000,000 to the Santa Monica Mountains Conservancy for implementation of
watershed protection activities throughout the watershed of the Upper Los Angeles River
pursuant to Section 79508 of the Water Code.
(h) The sum of thirty six million dollars ($36,000,000) shall be available for the Coachella
Valley Mountains Conservancy.
(i)The sum of forty five million dollars($45,000,000)shall be available for projects to
expand and improve the Santa Ana River Parkway. Project funding shall be appropriated to the
State Coastal Conservancy for projects developed in consultation with local government agencies
participating in the development of the Santa Ana River Parkway. Of the amount provided in this
paragraph the sum of thirty million dollars ($30,000,000) shall be equally divided between
projects in Orange, San Bernardino and Riverside Counties.
(j)The sum of fifty four million dollars($54,000,000) shall be available for the Sierra
Nevada Conservancy.
(k)The sum of thirty six million dollars ($36,000,000) shall be available for the California
Tahoe Conservancy.
(1) The sum of forty five million dollars ($45,000,000) shall be available to the California
Conservation Corps for resource conservation and restoration projects and for facilities
acquisition, development, restoration, and rehabilitation and for grants and state administrative
costs, in accordance with the(following schedule:
(1)The sum of twenty five million dollars ($25,000,000) shall be available for projects to
improve public safety and improve and restore watersheds including regional and community fuel
load reduction projects on public lands, and stream and river restoration projects. Not less that
50%of these funds shall be 11 the form of grants to local conservation corps.
8
(2)The sum of twenty million dollars ($20,000,000) shall be available for grants to local
conservation corps for acquisition and development of facilities to support local conservation
corps programs, and for local resource conservation activities.
(m) The sum of ninety million dollars ($90,000,000) to the state board for matching grants
to local public agencies for the reduction and prevention of stormwater contamination of rivers,
lakes, and streams. The legislature may enact legislation to implement this subdivision.
(n)The sum of one hundred million dollars ($100,000,000) shall be available to the
secretary for the purpose of implementing a court settlement to restore flows and naturally-
reproducing and self-sustaining populations of salmon to the San Joaquin River between Friant
Dam and the Merced River. These funds shall be available for channel and structural
improvements, and related research pursuant to the court settlement. The secretary is
authorized to enter into a cost-sharing agreement with the United States Secretary of the Interior
and other parties, as necessary, to implement this provision.
Chapt ler 6. Forest and Wildlife Conservation
75055.The sum of four hundred fifty million dollars($450,000,000) shall be available for
the protection and conservation of forests and wildlife habitat according to the following schedule:
(a) Notwithstanding Section 13340 of the Government Code, the sum of one hundred
eighty million dollars ($180,000,000) is continuously appropriated to the board for forest
conservation and protection projects. The goal of this grant program is to promote the ecological
integrity and economic stability of California's diverse native forests for all their public benefits
through forest conservation, preservation and restoration of productive managed forest lands,
forest reserve areas, redwood forests and other forest types, including the conservation of water
resources and natural habitats for native fish, wildlife and plants found on these lands.
(b) (1) Notwithstanding Section 13340 of the Government Code,the sum of one hundred
thirty five million dollars ($135,000,000) is hereby continuously appropriated to the board for the
development, rehabilitation, restoration, acquisition and protection of habitat that accomplishes
one or more of the following objectives:
(A) Promotes the recovery of threatened and endangered species.
(B) Provides corridors linking separate habitat areas to prevent fragmentation.
(C) Protects significant natural landscapes and ecosystems such as old growth
redwoods, mixed conifer forests and oak woodlands, riparian and wetland areas, and other
significant habitat areas.
(D) Implements the recommendations of California Comprehensive Wildlife Strategy, as
submitted October 2005 to the United States Fish and Wildlife Service.
(2) Funds authorized by this subdivision may be used for direct expenditures or for grants
and for related state administrative costs, pursuant to the Wildlife Conservation Law of 1947,
Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code,the Oak
Woodland Conservation Act, Article 3.5 (commencing with Section 1360)of Chapter 4 of Division
2 of the Fish and Game Code, and the California Rangeland, Grazing Land and Grassland
Protection Act, commencing with Section 10330 of Division 10.4. Funds scheduled in this
subdivision may be used to prepare management plans for properties acquired by the Wildlife
Conservation Board and for the development of scientific data, habitat mapping and other
research information necessary to determine the priorities for restoration and acquisition
statewide.
(3) Up to twenty five million dollars ($25,000,000) may be granted to the University of
California for the Natural Reserve System for matching grants for land acquisition and for the
construction and development of facilities that will be used for research and training to improve
the management of natural lands and the preservation of California's wildlife resources.
(c)The sum of ninety million dollars ($90,000,000) shall be available to the board for
grants to implement or assist in the establishment of Natural Community Conservation Plans,
Chapter 10 (Commencing with Section 2800) of Division 3 of the Fish and Game Code.
(d)The sum of forty five million dollars ($45,000,000) shall be available for the protection
of ranches,farms, and oak woodlands according the following schedule:
9
(1) Grazing land protection pursuant to the California Rangeland, Grazing Land and
Grassland Protection Act, commencing with Section 10330 of Division
10.4..............$15,000,000.
(2) Oak Woodland Preservation pursuant to Article 3.5 (commencing with Section 1360)
of Chapter 4 of Division 2 of the Fish and Game Code....$15,000,000.
(3) Agricultural land preservation pursuant to the California Farmland Conservancy
Program Act of 1995, Article 1 (commencing with Section 10200) of Division
10.2......$10,000,000.
10,000,000.
(4)To the board for grants to assist farmers in integrating agricultural activities with
ecosystem restoration and wildlife protection.....$5,000,000.
Chapter 7. Protection of Beaches, Bays and Coastal Waters.
75060. The sum of five hundred forty million dollars ($540,000,000) shall be available for
the protection of beaches, bays and coastal waters and watersheds, including projects to prevent
contamination and degradation of coastal waters and watersheds, projects to protect and restore
the natural habitat values of coastal waters and lands, and projects and expenditures to promote
access to and enjoyment of the 'coastal resources of the state, in accordance with the following
schedule:
(a) The sum of ninety million dollars($90,000,000) shall be available to the state board
for the purpose of matching grants for protecting beaches and coastal waters from pollution and
toxic contamination pursuant to the Clean Beaches Program, Chapter 3 (commencing with
Section 30915)of Division 20.4.1 Not less than $35,000,000 shall be for grants to local public
agencies to assist those agencies to comply with the discharge prohibition into Areas of Special
Biological Significance contained in the California Ocean Plan. Not less than 20%of the funds
allocated by this subdivision shall be available to the Santa Monica Bay Restoration Commission.
(b) The sum of one hundred thirty five million dollars ($135,000,000) shall be available for
the State Coastal Conservancy lfor expenditure pursuant to Division 21.
(c)The sum of one hundred eight million dollars ($108,000,000) shall be available for the
San Francisco Bay Area Conservancy Program pursuant to Chapter 4.5 of Division 21. Not less
than 20% of the funds allocated by this paragraph shall be expended on projects in watersheds
draining directly to the Pacific Ocean.
(d)The sum of forty five million dollars ($45,000,000)for the protection of the Santa
Monica Bay and its watersheds shall be available as follows:
(1)To the Santa Monica Mountains Conservancy pursuant to Division 23 (commencing
with Section 33000).......$20,000,000.
(2) To the Baldwin Hills Conservancy for the protection of the Ballona Creek/Baldwin Hills
watershed....$10,000,000.
(3)To the Rivers and Mountains Conservancy.....$15,000,000.
(e)The sum of forty five million dollars ($45,000,000)for the protection of Monterey Bay
and its watersheds shall be available to the State Coastal Conservancy.
(f)The sum of twenty seven million dollars ($27,000,000) for the protection of San Diego
Bay and adjacent watersheds shall be available to the State Coastal Conservancy.
(g)The sum of ninety million dollars ($90,000,000) shall be allocated to the California
Ocean Protection Trust Fund SChapter 4 (commencing with Section 35650) of Division 26.5) and
available for the purposes of projects consistent with Section 35650. Priority projects shall
include the development of scientific data needed to adaptively manage the state's marine
resources and reserves, including the development of marine habitat maps, the development and
implementation of projects to foster sustainable fisheries using loans and grants, and the
development and implementation of projects to conserve marine wildlife.
Chapt�r 8. Parks and Nature Education Facilities
75063. The sum of five hundred million dollars ($500,000,000) shall be available to
provide public access to the resources of the State of California, including its rivers, lakes and
streams, its beaches, bays and coastal waters, to protect those resources for future generations,
10
and to increase public understanding and knowledge of those resources, in accordance with the
following schedule:
. (a)The sum of four hundred million dollars ($400,000,000)shall be available to the
Department of Parks and Recreation for development, acquisition, interpretation, restoration and
rehabilitation of the state park system and its natural, historical, and visitor serving resources.
The Department of Parks and Recreation shall include the following goals in setting spending
priorities for the funds appropriated pursuant to this section:
(1) The restoration, rehabilitation and improvement of existing state park system lands
and facilities.
(2)The expansion of the state park system to reflect the growing population and shifting
population centers and needs of the state.
(3) The protection of representative natural resources based on the criteria and priorities
identified in Section 75071.
(b) The sum of one hundred million dollars ($100,000,000)shall be available to the
Department of Parks and Recreation for grants for nature education and research facilities and
equipment to non-profit organizations and public institutions, including natural history museums,
aquariums, research facilities and botanical gardens. Eligible institutions include those that
combine the study of natural science with preservation, demonstration and education programs
that serve diverse populations, institutions that provide collections and programs related to the
relationship of Native American cultures to the environment, and institutions for marine wildlife
conservation research. Grants may be used for buildings, structures and exhibit galleries that
present the collections to inspire and educate the public and for marine wildlife conservation
research equipment and facilities.
Chapter 9. Sustainable Communities and Climate Change Reduction
75065. The sum of five hundred eighty million dollars ($580,000,000) shall be available
for improving the sustainability and livability of California's communities through investment in
natural resources. The purposes of this chapter include reducing urban communities'contribution
to global warming and increasing their adaptability to climate change while improving the quality
of life in those communities. Funds shall be available in accordance with the following schedule:
(a)The sum of ninety million dollars($90,000,000) shall be available for urban greening
projects that reduce energy consumption, conserve water, improve air and water quality, and
provide other community benefits. Priority shall be given to projects that provide multiple
benefits, use existing public lands, serve communities with the greatest need, and facilitate joint
use of public resources and investments including schools. Implementing legislation shall provide
for planning grants for urban greening programs. Not less than $20,000,000 shall be available for
urban forestry projects pursuant to the California Urban Forestry Act, Chapter 2 (commencing
with Section 4799.06) of Part 2�5 of Division 1.
(b)The sum of four hundred million dollars ($400,000,000) shall be available to the
Department of Parks and Recreation for competitive grants for local and regional parks. Funds
provided in this subdivision may be allocated to existing programs or pursuant to legislation
enacted to implement this subdivision, subject to the following considerations:
(1) Acquisition and development of new parks and expansion of overused parks that
provide park and recreational access to underserved communities shall be given preference.
(2) Creation of parks in neighborhoods where none currently exist shall be given
preference.
(3) Outreach and tech)ical assistance shall be provided to underserved communities to
encourage full participation in the program or programs.
(4) Preference shall be given to applicants that actively involve community based groups
in the selection and planning of projects.
(5) Projects will be designed to provide efficient use of water and other natural resources.
(c)The sum of ninety lmillion dollars ($90,000,000) shall be available for planning grants
and planning incentives, including revolving loan programs and other methods to encourage the
development of regional and Focal land use plans that are designed to promote water
Il
conservation, reduce automobile use and fuel consumption, encourage greater infill and compact
development, protect natural resources and agricultural lands, and revitalize urban and
community centers.
75066. Appropriation of the funds provided in subdivisions (a) and (c) of Section 75065
may only be made upon enactment of legislation to implement that subdivision.
Chapter 10. Miscellaneous Provisions
75070. Every proposed Ictivity or project to be financed pursuant to this division shall be
in compliance with the California Environmental Quality Act, Division 13 (commencing with
Section 21000).
75070.4. Acquisitions of,real property pursuant to Chapters 5, 6, 7, 8, and 9 shall be from
willing sellers.
75070.5. Not more than 5%of the funds allocated to any program in this division may be
used to pay the costs incurred inl the administration of that program.
75071. In evaluating potl ntial projects that include acquisition or restoration for the
purpose of natural resource protection,the Department of Parks and Recreation,the board, and
the State Coastal Conservancy shall give priority to projects that demonstrate one or more of the
following characteristics:
(a) Landscape/Habitat Linkages: properties that link to, or contribute to linking, existing
protected areas with other largel blocks of protected habitat. Linkages must serve to connect
existing protected areas,facilitate wildlife movement or botanical transfer, and result in
sustainable combined acreage.)
(b)Watershed Protection: projects that contribute to long-term protection of and
improvement to the water and biological quality of the streams, aquifers, and terrestrial
resources of priority watersheds of the major biological regions of the state as identified by the
Resources Agency.
(c) Properties that support relatively large areas of under-protected major habitat types.
(d) Properties that provide habitat linkages between two or more major biological regions
of the state.
(e) Properties for which there is a non-state matching contribution toward the acquisition,
restoration, stewardship or man agement costs. Matching contributions can be either monetary or
in the form of services, including volunteer services.
(f) At least fourteen days before approving an acquisition project funded by this division,
an agency subject to this section shall submit to the Resources Agency and post on its website
an explanation as to whether and how the proposed acquisition meets criteria established in this
section.
75071.5. The Department of Parks and Recreation, the board, and the State Coastal
Conservancy shall work with the United States Department of Defense to coordinate the
development of buffer areas around military facilities that facilitate the continued operation of
those facilities and promote the conservation and recreation goals of the state. To the extent
consistent with this division, agencies may provide funding to support projects that meet the
purposes of this section.
75072. Up to 10 percent of funds allocated for each program funded by this division may
be used to finance planning and monitoring necessary for the successful design, selection, and
implementation of the projects authorized under that program. This provision 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.
Water quality monitoring shall be integrated into the Surface Water Ambient Monitoring Program
administered by the state bo rd.
12
75072.5 For the purposes of Section 75060(e), "Monterey Bay and its watersheds"shall
be considered to be watersheds of those rivers and streams in Santa Cruz and Monterey
Counties flowing to the Monterey Bay southward to, and including,the Carmel River watershed.
75072.6. For purposes of Section 75060(f), "San Diego Bay and adjacent watersheds"
includes the coastal and bay watersheds within San Diego County.
75072.7. For purposes of Section 75060(d), "Santa Monica Bay and watershed"includes
the coastal and bay watersheds in Ventura and Los Angeles Counties from Calleguas Creek
southward to the San Gabriel River.
75073. Funds scheduled in Chapter 5, 6, 7 and 8 of this division that are not designated
for competitive grant programs may also be used for the purposes of reimbursing the General
Fund, pursuant to the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28
(commencing with Section 37000)).
75074. In enacting Chapters 5, 6, 7 and 8 of this division it is the intent of the people that
when a project or program is funded herein, funds for such program or project may be used to the
full extent authorized by the statute governing the program or conservancy receiving such funds.
75075. The body awardilg any contract for a public works project financed in any part
from funds made available pursuant to this division shall adopt and enforce, or contract with a
third party to enforce, a labor compliance program pursuant to subdivision (b) of Labor Code
Section 1771.5 for application to that public works project.
75076. 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 guidelines and
selection criteria adopted pursu i nt to this chapter.
75077. Funds provided pursuant to this chapter, 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.
75078. The Secretary shall provide for an independent audit of expenditures pursuant to
this division to ensure that all moneys are expended in accordance with the requirements of this
division. The secretary 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 Resources Agency's Internet Website.
75079. The Secretary Ihall appoint a citizen advisory committee to review the annual
audit and to identify and recommend actions to ensure that the intent and purposes of this
division are met by the agencies responsible for implementation of this division.
IChapter 11. Fiscal Provisions
75080. Bonds in the total amount of five billion three hundred and eighty eight million
dollars ($5,388,000,000), not including the amount of any refunding bonds issued in accordance
with Section 75088, or so much thereof as is necessary, may be issued and sold to be used for
carrying out the purposes set forth in this division and to be used to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bond proceeds shall be deposited in the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Fund of 2006 created by Section 75009. The bonds
shall, when sold, 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 principal of and interest on the bonds as they become due and payable.
13
75081. 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, and
all provisions of that law shall appy to the bonds and to this division and are hereby incorporated
in this division by this reference a though fully set forth in this division.
75082. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the
State General Obligation Bond Law, of the bonds authorized by this division,the Safe Drinking
Water, Water Quality and Supply,Flood Control, River and Coastal Protection Finance
Committee is hereby created. For purposes of this division, the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Finance Committee is `the
committee"as that term is used by the State General Obligation Bond Law. The committee shall
consist of the Controller, the Director of Finance, and the Treasurer, or their designated
representatives. The Treasurer shall serve as chairperson of the committee. A majority of the
committee may act for the committee.
(b) For purposes of this chapter and the State General Obligation Bond Law,the
secretary is designated as"the bcard."
75083.The committee shall determine whether or not it is necessary or desirable to issue
bonds authorized pursuant to 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.
75084.There shall be collected annually 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 maturing each year, and it is
the duty of all officers charged by law with any duty in regard to the collection of the revenue to do
so and perform each and every act that is necessary to collect that additional sum.
75085. Notwithstanding Section 13340 of the Government Code,there is hereby
appropriated from the General Fund,for purposes of this division, an amount that will equal the
total of the following:
(a) The sum annually necessary 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 which is necessary to carry out the provisions of Section 75086,
appropriated without regard to fiscal years.
75086. For the 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 to be sold for the purpose of carrying out
this division. Any amounts withdrawn shall be deposited in the fund. Any money made available
under this section shall be returned to the General Fund, plus the interest that the amounts would
have earned in the Pooled Money Investment Account, from money received from the sale of
bonds that would otherwise be deposited in that fund.
75087. All money deril ed from premium and accrued interest on bonds sold shall be
reserved and shall be available for transfer to the General Fund as a credit to expenditures for
bond interest.
14
75088.Any bonds issued or sold pursuant to this division may be refunded by the
issuance of refunding bonds 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. Approval by the electors of
the state for the issuance of the bonds shall include approval of the issuance of any bonds issued
to refund any bonds originally iss ied or any previously issued refunding bonds.
75090. The people of California hereby find and declare that inasmuch as 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, the disbursement of these proceeds is hot subject to
the limitation imposed by that article .
SEC.2. If any provision of this Aclt or the application thereof is held invalid,that invalidity shall not
affect other provisions or applications of the act which can be given effect without the invalid
provision or application, and to this end the provisions of this act are severable.
SEC.3. This Act is an exercise of the public power of the People of the State of California for the
protection of their health, safety, and welfare and shall be liberally construed to effectuate those
purposes.
15
ARGUMENT IN FAVOR OF PROPOSITION 8y
C�� tyq �f eH�
71
PROP. 84 PROTECTS CALIFORNIA'S WATER, LAND AND COASTLINE.
California is growing rapidly,putting new pressure each year on our water
resources,land, coast and ocean. Prop. 84 protects these vital natural resources,which
are essential to our health, olur economy and our quality of life.
YES on 84 PROTECTS DRINKING WATER QUALITY.
The water we drink and use to grow our food is vulnerable to contamination.
Prop. 84 will:
• Remove dangerous chemicals from our water supply.
• Prevent future groundwater contamination.
• Prevent toxic runoff from flowing into our water.
Prop. 84 is essential to assure our communities CLEAN, SAFE DRINKING
WATER.
Last year,there were more than 1,200 beach closing or advisory days in
California. Prop. 84 will help prevent toxic pollution from storm drains from
contaminating coastal waters and endangering public health.
YES on 84 ASSURES A RELIABLE WATER SUPPLY.
Prop. 84 will increase the reliability of California's water supply,through
conservation and other programs. Every region in the state will benefit from this
measure,while being given local control over specific projects to improve local water
supply and water quality.
YES on 84 PROTECTS OUR COASTLINE AND CALIFORNIA'S NATURAL
BEAUTY.
SUBJECT TO COURT
ORDERED CHANGES
ARGUMENT IN FAVOR OF PROPOSITION *' I i- i Svc fi of 64�
The measure will help clean and safeguard the ocean and beaches all along
California's coastline, including the San Diego, Santa Monica, Monterey and San
Francisco Bays. It will also,provide for safe neighborhood parks and protect the rivers
and lakes in which we swim and fish.
YES on 84 PROTECTS AGAINST FLOODING.
An earthquake or a series of major storms could damage our state's levees,
causing dangerous flooding and potentially leaving up to 23 million Californians without
safe drinking water.
Efforts are underway to address this urgent threat to public safety and our water
supply,but much more needs to be done. FIood control experts agree that Prop. 84 is an
important step forward and complements ongoing efforts to improve flood control in
California.
YES on PROP. 84 PROTECTS CALIFORNIA'S ECONOMY.
Clean beaches,rivers and lakes are crucial to tourism,which contributes more
than $88 billion to the stale economy each year and directly supports more than 900,000
jobs. An adequate supply of clean, safe water is also needed for California's farms and
cities. Prop. 84 protects the water that our economy needs to thrive.
YES on 84 WILL NOT RAISE TAXES—AND INCLUDES TOUGH FISCAL
SAFEGUARDS.
Prop. 84:
• Is funded entirely from existing revenues, and will not raise taxes.
• Will bring federal matching funds into California.
SUBJECT TO COURT
ORDERED CHANGES
C�1 t► �? Y.:51 lea
ARNMENT IN FAVOR OF PROPOSITION
• Includes strict accountability provisions, including yearly independent audits
and a citizen's oversight committee.
PLEASE JOIN US IN VOTING YES on 84.
Conservation groups I business organizations and water districts across California
support Prop. 84. For more information about the measure,please visit
www.CleanWater2006.coml Your YES vote will help protect our health,economy and
quality of life now and in thl years to come.
PROTECT CALIFORNIA'S DRINKING WATER, LAND, COAST AND
OCEAN. Vote YES on 84.
Mark Burget,Executive Director
The Nature Conservancy
Larry Wilson
Chair,Board of Directors
Santa Clara Valley Water District
E.Richard Brown,PhD
Professor, School of Public Health
University of California, Los Angeles
SUBJECT TO COURT
ORDERED CHANGES
,iEBUTTAL To ARGUMENT IN FAVOR OF
PROPOSITION_q----
Rebuttal to the Argument in Support of Proposition 84
PROPOSITION 84 CANNOT DELIVER ON ITS PROMISES
It will not benefit everyone, but everyone will pay for it through higher
taxes or budget cuts for education, law enforcement, and health services.
NO on 84 PROTECTS THE PUBLIC TREASURY
Prop. 84 gives state bureaucrats the power to spend your money without
effective oversight. This proposal eliminates protections against corruption and
favoritism in current law a nd it bypasses our competitive bidding system. It
prevents audits by the Stale Controller, the State Auditor, and even the
Legislative Analyst. It exel pts itself from the Administrative Procedures Act.
Ask yourself why the proponents fear routine audits.
NO on 84 SENDS SACRAMENTO THE RIGHT MESSAGE:
WE NEED A RELIABLE WATER SUPPLY
This water bond d I s not contain ANY funds for new reservoirs,
aqueducts, or water stor I ge! The water diversions mandated by this bond will
actually take away drink)�g water from current sources.
NO on 84 PROTECTS YOU FROM SPECIAL INTERESTS
Bond funds can be awarded to the same private organizations that
placed this initiative on the ballot, campaigned for it, and bought advertising to
promote it. This is a pe I ersion of the initiative process.
NO on 84 SAVES MONEY FOR REAL FLOOD CONTROL
Flood control is Ital, but less than 15% of bond funds are dedicated to
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that purpose — and that money could be chewed up for studies, environmental
planning, environmental mitigation, and bureaucratic administration. If
bureaucratic reports could i top flooding, we'd no longer have a problem.
PLEASE JOIN US IN VOTING NO on 84.
Bill Leonard, Member
California State Board of Equalization
Ron Nehring, Senior Cons Iltant
Americans for Tax Reform
Lewis K. Uhler, President
National Tax Limitation Committee
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(Ballot Title: Water Quality, Safety and Supply. Flood Control. Natural Resource Protection. Park
Improvements. Bonds.Initiative Statute.)
This measure should have been titled the "Special-Interest-Hidden-
Agenda Bond" because it w Is placed on the ballot by special interests who
don't really want you to know where all your money is going to be squandered.
Every special interest that I elped get this boondoggle on the ballot will get a
share of the taxpayers' moIey, but ordinary taxpayers will get nothing from
this bond but higher taxes for the next three decades.
This so-called "water bond" has no funding for dams or water storage!
The authors set aside billions for bureaucratic studies, unnecessary
protections for rats and w I eds, and other frivolous projects, but they couldn't
find a single penny to buil) freshwater storage for our state's growing
population. You have to lead the text to believe it.
Only a very small portion of the funds from this enormous bond would be
available for repair and in
auitenance of our levees, but Proposition 1E was
placed on the ballot by the Legislature to provide $4,090,000,000 for these
same levees. Common sense dictates that we should wait to see how that
money is spent before we authorize another $5,388,000,000 in new spending.
It would be foolish to lock permanent spending formulas in place, as this
initiative seeks to do, when we have no idea what our future needs will be once
the funds from Proposi Ion I are spent.
This bond represCnts a huge tax increase. The proponents seem eager to
avoid this unpleasant f Ict, but voters need to understand that bond repayment
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spending.takes priority over all other g Ivernment sp . Once issued, bonds cannot g
be cancelled, repudiated, or discharged in bankruptcy; they can only be repaid
with tax revenues. Our state)already has a $7 billion budget deficit and there
is no way to pay for this gig Itic bond without higher taxes.
Local projects should be funded at the local level. This statewide bond is
designed to force people in Ine part of the state to pay for local projects on the
other side of the state. Wh I should people in Redding pay for urban parks in
San Diego? Why tax people in Los Angeles to pay for beetle habitat restoration
in Sutter County? This is poor tax policy and it was clearly designed to benefit
the special interests that put this measure on the ballot. We should expect
local communities to fund their own local parks and improvements; statewide
bonds should be reserved for state parks, colleges, and other capital projects
that benefit the whole state.
What is worse, this bond allows un-elected, unaccountable state
bureaucrats to spend billions of dollars, with little or no real public oversight.
Sacramento bureaucrats and special interests will love having a slush fund
that they can spend without the need for public hearings and public votes in
the Legislature — but we cannot allow that to happen.
Please join me in toting NO on Proposition 84.
Bill Leonard, Member
California State Board of Equalization
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The opponent's argument is simply wrong.
Proposition 84 provides clean water and protects our coast without raising taxes.
a�+d
It is supported by a broad,bipartisan coalition of public interest.business groups
including the League of Women Voters of California,Los Angeles Area Chamber of
Commerce and The Nature Conservancy.
Here are the facts.
• Prop 84 funds crucial projects needed to assure reliable supplies of clean, safe
drinking water.
• Prop 84 protects all of California's waters: our rivers,lakes,streams,beaches and
bays.
• Prop 84 includes strict financial accountability,including a citizen oversight
committee, annual independent audits and full public disclosure.
• Prop 84 protects our families from toxic pollution,floods and other hazards
through critical public safety projects not funded by other measures.
YES on 84: BENEFITS Il I CALIFORNIANS
Prop 84 funds local priorities to improve water quality and supply in every region of the
state.
YES on 84: SUPPORTED BY CALIFORNIA'S LOCAL WATER DISTRICTS
Proposition 84 is so impIrtant that water districts that provide drinking water to more
than 23 million Calitormans all urge YES on 84.
YES on 84:PROTECTS PUBLIC HEALTH
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Prop 84 removes dangerous contaminants from drinking water, cleans up toxic chemicals
that contaminate the fish we It, and keeps dangerous polluted runoff from flowing onto
our beaches and into our coastal waters.
YES on 84 protects our land,Iater and public health,for our families and for future
generations.
Join local water districts, conservation organizations,business groups and public health
experts in voting YES on 84.
Erich Pfuehler
California Director,Clean Water Action
Jeff Kightlinger I
General Manager,Metropolitan Water District of Southern California
Kaitilin Gaffney
Conservation Director,The Ocean Conservancy
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