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
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
(4) Protecting the water quality of the Sacramento-San Joaquin Delta, a key source
of drinking water for 23 million Californians.
(5) Assisting each region of the state in improving local water supply reliability
and water quality.
(6) Resolving water-related conflicts, improving local and regional water self-sufficiency
and reducing reliance on imported water.
(b) Protect the public from catastrophic floods by identifying and mapping the areas
most at risk, inspecting and repairing levees and flood control facilities, and
reducing the long-term costs of flood management, reducing future flood risk and
maximizing public benefits by planning, designing and implementing multi-objective
flood corridor projects.
(c) Protect the rivers, lakes and streams of the state from pollution, loss of water
quality, and destruction of fish and wildlife habitat.
(d) Protect the beaches, bays and coastal waters of the state for future generations.
(e) Revitalizing our communities and making them more sustainable and livable by
investing in sound land use planning, local parks and urban greening.
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.
(j) “Local conservation corps” means a program operated by a public agency or nonprofit
organization that meets the requirements of Section 14406.
(k) “Nonprofit organization” means any nonprofit corporation qualified to do business
in California, and qualified under Section 501 (c)(3) of the Internal Revenue Code.
(l) “Preservation” means rehabilitation, stabilization, restoration, development,
and reconstruction, or any combination of those activities.
(m) “Protection” means those actions necessary to prevent harm or damage to persons,
property or natural resources or those actions necessary to allow the continued
use and enjoyment of property or natural resources and includes acquisition, development,
restoration, preservation and interpretation.
(n) “Restoration” means the improvement of physical structures or facilities and,
in the case of natural systems and landscape features includes, but is not limited
to, projects for the control of erosion, the control and elimination of exotic species,
prescribed burning, fuel hazard reduction, fencing out threats to existing or restored
natural resources, road elimination, and other plant and wildlife habitat improvement
to increase the natural system value of the property. Restoration projects shall
include the planning, monitoring and reporting necessary to ensure successful implementation
of the project objectives.
(o) “Secretary” means the Secretary of the Resources Agency.
(p) “State Board” means the State Water Resources Control Board.
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 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
(e) The sum of four hundred fifty million dollars ($450,000,000) for forest and
wildlife conservation in accordance with the provisions of Chapter 6.
(f) The sum of five hundred forty million dollars ($540,000,000) for the protection
of beaches, bays, and coastal waters and watersheds in accordance with the provisions
of Chapter 7.
(g) The sum of five hundred million dollars ($500,000,000) for state parks and nature
education facilities in accordance with Chapter 8.
(h) The sum of five hundred eighty million dollars ($580,000,000) for sustainable
communities and climate change reduction projects in accordance with Chapter 9.
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 including the provision of safe drinking water
to all Californians, the protection of water quality and the environment, and the
improvement of water supply reliability.
(a) The sum of ten million dollars ($10,000,000) shall be available to the Department
of Health Services for 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 address 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. The 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 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 of 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 of 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 sum of 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 repayment for costs that
are subsequently recovered from parties responsible for the contamination. The Legislature
may enact legislation necessary to implement this section.
(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. Plans 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 of 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 in the 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.
(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 than 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.
(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, and 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 of allocating
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 and 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.
(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 purposes of 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 one 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 ($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
75031. The sum of thirty 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 floodplains.
(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
(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 multiobjective management
approach for floodplains that would include, but not be limited to, increased flood
protection, ecosystem restoration, and farmland protection.
75032.4. Notwithstanding Section 13340 of the Government Code, the funds allocated
in Sections 75031 and 75032 are continuously appropriated to the department for
the purposes of those sections.
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 fl ood
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 (Chapter3 (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
(c) Modeling and feasibility studies to evaluate the potential for improving flood
protection and water supply through coordinating groundwater storage and reservoir
(d) Other planning and feasibility studies necessary to improve the integration
of flood control and water supply systems.
CHAPTER 5. 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 and restoration of rivers, lakes and streams, their
watersheds and associated land, water, and other natural resources in accordance
with the following schedule:
(a) The sum of one hundred eighty million dollars ($180,000,000) 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 a natural 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 species 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
(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
(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
(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
(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 Los 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.
(l) 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 than 50% of these funds shall be in the form of grants
to local conservation corps.
(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
(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.
CHAPTER 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
(D) Implements the recommendations of California Comprehensive Wildlife Strategy,
as submitted October 2005 to the United States Fish and Wildlife Service.
(b) (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
(b) (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
(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:
(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.
(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
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. 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 for 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
(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 (Chapter 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.
CHAPTER 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, 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 nonprofit 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
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
(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
(3) Outreach and technical 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
(c) The sum of ninety million 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 local land use plans that are designed
to promote water 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 activity 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 in the administration of that program.
75071. In evaluating potential 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 large 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
(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 management 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
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 fl owing 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 awarding 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
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 pursuant 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
75079. The Secretary shall 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
CHAPTER 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.
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 apply to the bonds and to this division
and are hereby incorporated in this division by this reference as though fully set
forth in this division.
(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 board.”
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
(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 derived 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.
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 issued 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 not subject to the limitation imposed by that article.
SEC. 2. If any provision of this Act 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.