This division shall be known, and may be cited, as the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
Chapter 1General Provisions
Section § 90000
This section establishes the name of the law as the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
Safe Drinking Water Wildfire Prevention Drought Preparedness Clean Air Bond Act 2024 California environmental law public health initiatives natural disaster readiness water quality improvement environmental protection funding climate resilience air quality enhancement state legislative act resource management
Section § 90050
This law section outlines how state agencies should prioritize spending. They should focus on projects that combine funding from multiple sources, like private or federal funds, or those that offer the most public benefits.
When possible, projects funded by this program must include signs that inform the public the project was funded by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
Furthermore, these projects should incorporate planning, monitoring, and reporting to ensure they meet the division's goals effectively.
(a)CA Public Resources Code § 90050(a) In expending funds pursuant to this division, an administering state agency shall give priority to projects that leverage private, federal, and local funding or produce the greatest public benefit.
(b)CA Public Resources Code § 90050(b) To the extent practicable, a project funded pursuant to this division shall include signage informing the public that the project received funding from the Safe Drinking Water,
Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
(c)CA Public Resources Code § 90050(c) Projects funded pursuant to this division shall, where appropriate, include the planning, monitoring, and reporting necessary to ensure successful implementation of this division’s objectives.
funding priorities public benefit projects private and federal funding Safe Drinking Water Act Wildfire Prevention Act Drought Preparedness Clean Air Bond project signage project implementation planning and monitoring reporting requirements state agency spending bond act projects funding leverage public project signage
Section § 90100
This section defines key terms used in laws related to safe drinking water, fire prevention, drought readiness, and clean air. Key definitions include: "committee" refers to a specific finance committee; "community" definitions align with certain government codes; "critical community infrastructure" covers essential facilities like hospitals and emergency shelters; "disadvantaged" and "severely disadvantaged community" are determined by household income levels; "economically distressed areas" follows water code definitions; "natural infrastructure" relies on an environmental code; and "nonprofit organization" must qualify under federal and state regulations.
Additionally, "protection" involves actions like monitoring and restoration to prevent harm, and "restoration" includes improving natural systems and community facilities. It also clarifies terms about communities at risk due to climate issues, calls out specific standards for "structure hardening" against wildfires, explains "tribe" definitions related to Native American status, and identifies "vulnerable populations" as those facing heightened risks from climate change.
For purposes of this division, the following definitions apply:
(a)CA Public Resources Code § 90100(a) “Committee” means the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Finance Committee created pursuant to Section 95002.
(b)CA Public Resources Code § 90100(b) “Community” has the same meaning as set forth in paragraph (1) of subdivision (a) of Section 65302.10 of the
Government Code.
(c)CA Public Resources Code § 90100(c) “Critical community infrastructure” means infrastructure that is necessary to providing vital community and individual functions, including, but not limited to, drinking and wastewater infrastructure, emergency shelters, communication and warning systems, evacuation routes, emergency power and public medical facilities, schools, town halls, hospitals, health clinics, community centers, community nonprofit facilities providing essential services, libraries, homeless shelters, senior and youth centers, childcare facilities, food banks, grocery stores, and parks and recreation sites.
(d)CA Public Resources Code § 90100(d) “Disadvantaged community” means a community with a median household income of less than 80 percent of the area average or less than 80 percent of statewide median household income.
(e)CA Public Resources Code § 90100(e) “Economically distressed
areas” has the same meaning as set forth in Section 79702 of the Water Code.
(f)CA Public Resources Code § 90100(f) “Natural infrastructure” has the same meaning as set forth in paragraph (3) of subdivision (c) of Section 71154.
(g)CA Public Resources Code § 90100(g) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(h)CA Public Resources Code § 90100(h) “Protection” includes those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources. Protection includes site monitoring, acquisition, development, restoration, preservation, and interpretation.
(i)Copy CA Public Resources Code § 90100(i)
(1)Copy CA Public Resources Code § 90100(i)(1) “Restoration” includes the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, any of the following:
(A)CA Public Resources Code § 90100(i)(1)(A) The control of erosion.
(B)CA Public Resources Code § 90100(i)(1)(B) Stormwater capture, treatment, reuse, and storage, or to otherwise reduce stormwater pollution.
(C)CA Public Resources Code § 90100(i)(1)(C) The control and elimination of invasive species and harmful algal blooms.
(D)CA Public Resources Code § 90100(i)(1)(D) The planting of native species.
(E)CA Public Resources Code § 90100(i)(1)(E) The removal of waste and debris.
(F)CA Public Resources Code § 90100(i)(1)(F) Prescribed burning and other fuel hazard reduction measures.
(G)CA Public Resources Code § 90100(i)(1)(G) Fencing out threats to existing or restored natural resources.
(H)CA Public Resources Code § 90100(i)(1)(H) Improving instream, riparian, floodplain, or wetland habitat conditions.
(I)CA Public Resources Code § 90100(i)(1)(I) Other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resources.
(J)CA Public Resources Code § 90100(i)(1)(J) Activities described in subdivision (b) of Section 79737 of the Water Code.
(2)CA Public Resources Code § 90100(i)(2) “Restoration” also includes activities, including the planning, permitting, monitoring, and reporting that are necessary to ensure successful implementation of the restoration objectives.
(j)CA Public Resources Code § 90100(j) “Severely disadvantaged community” means a community with a median household income
of less than 60 percent of the area average or less than 60 percent of statewide median household income.
(k)CA Public Resources Code § 90100(k) “Socially disadvantaged farmer or rancher” has the same meaning set forth in Section 512 of the Food and Agricultural Code. This provision shall apply to the extent allowable by law.
(l)CA Public Resources Code § 90100(l) “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as it may be amended from time to time.
(m)CA Public Resources Code § 90100(m) “Structure hardening” includes the installation, replacement, or retrofitting of building materials, systems, or assemblies used in the exterior design and construction of existing nonconforming structures with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of
Part 2 of Title 24 of the California Code of Regulations, or any appropriate successor regulatory code, with the primary purpose of reducing risk to structures from wildfire or conforming to the low-cost retrofit list, and updates to that list, developed pursuant to paragraph (1) of subdivision (c) of Section 51189 of the Government Code.
(n)CA Public Resources Code § 90100(n) “Tribe” means a federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(o)CA Public Resources Code § 90100(o) “Vulnerable population” means a subgroup of population within a region or community that faces a disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts.
(p)CA Public Resources Code § 90100(p) “Water board” means the State Water Resources Control Board.
safe drinking water wildfire prevention drought preparedness clean air critical community infrastructure disadvantaged community severely disadvantaged community economically distressed areas nonprofit organization natural infrastructure climate change impact structure hardening tribe vulnerable population restoration activities protection actions
Section § 90105
This law states that the funds mentioned in this particular section cannot be used to pay for any environmental mitigation efforts or compliance needs that are legally required.
Funds provided by this division shall not be expended to fulfill any environmental mitigation requirements or compliance obligations imposed by law.
fund allocation restrictions environmental mitigation compliance obligations fund usage limitations environmental compliance funding restrictions mitigation requirements legal compliance costs fund division rules environmental law compliance budget allocation restriction on funds non-compliance funding legal expenditure limits financial restrictions on compliance
Section § 90107
This law states that the money provided by this division cannot be used to cover any expenses related to the design, construction, operation, impacts, or maintenance of separate Delta water channels. Instead, these expenses must be paid by the water agencies that will benefit from these facilities.
Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities.
Delta conveyance facilities water agencies responsibility design costs construction costs operation costs maintenance costs mitigation costs isolated Delta channels funding restrictions water beneficiary agencies financial responsibility cost allocation water infrastructure expenses Delta water projects agency funding accountability
Section § 90110
This law section lists who can apply for a specific program. Eligible applicants include public and local agencies, nonprofit organizations, special districts, joint powers authorities, tribes, public utilities, local publicly owned utilities, and mutual water companies.
An eligible applicant under this division is a public agency, local agency, nonprofit organization, special district, joint powers authority, tribe, public utility, local publicly owned utility, or mutual water company.
eligible applicant public agency local agency nonprofit organization special district joint powers authority tribe public utility local publicly owned utility mutual water company eligibility criteria program applicants application eligibility utilities water companies
Section § 90115
This law allows the Legislature to create any laws needed to support and carry out the programs that get money from this division.
The Legislature may enact legislation necessary to implement programs funded by this division.
implement programs legislation funded programs program funding Legislature authority enact laws government programs program implementation funding allocation division programs legislative action state-funded programs program support fund management legislative implementation
Section § 90120
This law means that any funds raised from bonds should not be used to give incentives or profits to shareholders of private companies.
It is the intent of the Legislature that bond moneys shall not be used for shareholder incentives or profits for shareholders of private corporations.
bond moneys shareholder incentives profits private corporations financial restrictions Legislature intent bond fund usage private company shareholders shareholder profits fund allocation rules
Section § 90130
This law allows agencies to give a project grant recipient an upfront payment of 25% of the total grant amount to help start the project quickly. To ensure these funds are used correctly, the agency will set further rules for how the recipient should manage and utilize the advanced payment.
For grants awarded for projects under this division, the administering agency may provide advanced payments in the amount of 25 percent of the grant award to the recipient, including state-related entities, to initiate the project in a timely manner. The administering agency shall adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.
advanced payments project grants grant award administering agency grant recipients state-related entities initiate project grant management timely manner proper use of funds fund disbursement financial oversight
Section § 90133
When a grant is awarded for a project, the agency in charge can reimburse the grant recipient for certain overhead costs, known as indirect costs. The agency can use one of several methods to determine the reimbursement rate, based on what the recipient requests.
The options for setting this rate include using an established agreement rate, a standard federal rate, a previously negotiated rate with another state agency, or a rate suggested by the recipient if they haven't yet set one with the state.
For grants awarded for projects under this division, the administering agency may, when awarding a grant, reimburse the grantee’s indirect costs. When reimbursing a grantee for indirect costs, the administering agency shall apply one of the following rates as requested by the grantee:
(a)CA Public Resources Code § 90133(a) The grantee’s negotiated indirect cost rate pursuant to its negotiated indirect cost rate agreement.
(b)CA Public Resources Code § 90133(b) The de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
(c)CA Public Resources Code § 90133(c) A rate negotiated by the grantee with another state agency within the last five years.
(d)CA Public Resources Code § 90133(d) A rate proposed by the grantee in the grantee’s program application with the administering state agency if the grantee does not have an existing state rate.
grant reimbursement indirect costs negotiated indirect cost rate indirect cost reimbursement de minimis rate Code of Federal Regulations Part 200 administering agency project grants state agency rate negotiation program application rate overhead cost reimbursement indirect cost rate agreement grant funding state project grants grantee cost rate
Section § 90135
This law requires the Secretary of the Natural Resources Agency to publish and post online a detailed list of all funded programs and projects at least once a year. The list should include details like project locations, objectives, status, outcomes, public benefits, costs, and funding sources.
The Department of Finance will arrange for independent audits of these expenditures. State agencies giving grants must ensure proper reporting of how funds are spent. Bond proceeds will fund audits and publication expenses, and these costs will be divided among the funded programs.
Emergency regulations can be adopted quickly to implement program guidelines, bypassing some usual rule-making procedures, in order to immediately preserve public welfare. These emergency regulations stay in effect until changed by the agency.
(a)CA Public Resources Code § 90135(a) The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the agency’s internet website in a downloadable spreadsheet format. The spreadsheet shall include all of the following information:
(1)CA Public Resources Code § 90135(a)(1) Information about the location and footprint of each funded project.
(2)CA Public Resources Code § 90135(a)(2) The project’s objectives.
(3)CA Public Resources Code § 90135(a)(3) The status of the project.
(4)CA Public Resources Code § 90135(a)(4) Anticipated outcomes.
(5)CA Public Resources Code § 90135(a)(5) The public benefits to be derived from the project, including whether the project has meaningful and direct benefits to vulnerable populations, disadvantaged communities, or severely disadvantaged communities.
(6)CA Public Resources Code § 90135(a)(6) The total cost of the project, if known.
(7)CA Public Resources Code § 90135(a)(7) The amount of bond funding provided.
(8)CA Public Resources Code § 90135(a)(8) Any matching moneys provided for the project by the grant recipient or other partners.
(9)CA Public Resources Code § 90135(a)(9) The applicable chapter of this division pursuant to which the recipient received moneys.
(b)CA Public Resources Code § 90135(b) The Department of
Finance shall provide for an independent audit of expenditures pursuant to this division. If an audit, required by law, of any entity that receives funding authorized by this
division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct or arrange for a full audit of any or all of the activities funded pursuant to this division. Any audit of a federal Department of Energy or National Aeronautics and Space Administration research and development center pursuant to this section shall be conducted in accordance with the Federal Laboratory Contracting Act (Chapter 7 (commencing with Section 12500) of Part 2 of Division 2 of the Public Contract Code).
(c)CA Public Resources Code § 90135(c) A state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant.
(d)CA Public Resources Code § 90135(d) The costs associated with the publications, audits, statewide bond
tracking, cash management, and related oversight activities provided for in this section shall be funded from the proceeds of bonds authorized by this division. These costs shall be shared proportionally by each program funded by this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the proceeds of bonds authorized by this division.
(e)Copy CA Public Resources Code § 90135(e)
(1)Copy CA Public Resources Code § 90135(e)(1) A regulation for the purpose of developing and adopting program guidelines and selection criteria needed to effectuate or implement the programs included in Chapter 2 (commencing with Section 91000) to Chapter 9 (commencing with Section 94500), inclusive, of this division may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of regulations is an
emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare, and a state agency is hereby exempted from the requirement that it describe facts showing the need for immediate action.
(2)CA Public Resources Code § 90135(e)(2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this subdivision shall be filed with, but not be repealed by, the Office of Administrative Law, and shall remain in effect until repealed or amended by the adopting state agency.
Natural Resources Agency funding list project expenditure audit grant funding reporting bond funding costs emergency regulations project public benefits disadvantaged communities benefits project cost details funding sources program guidelines adoption independent audit requirement project location details emergency regulation preservation bond proceeds use oversight activities funding
Section § 90140
This law specifies how certain funds must be allocated to community projects. At least 40% of the funds should go to projects that benefit vulnerable populations or disadvantaged communities. Additionally, a minimum of 10% must be dedicated to projects that assist severely disadvantaged communities.
At least 40 percent of the total funds available pursuant to this division shall be allocated for projects that provide meaningful and direct benefits to vulnerable populations or disadvantaged communities. At least 10 percent of the total funds available pursuant to this division shall be allocated for projects that provide meaningful and direct benefits to severely disadvantaged communities.
fund allocation vulnerable populations disadvantaged communities severely disadvantaged communities community projects financial benefits direct benefits project funding resource distribution community support equitable funding social impact economic equity project eligibility resource allocation
Section § 90150
If a project applies for a grant and plans to use the California Conservation Corps or certified community conservation corps, it should be prioritized where possible.
To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division.
California Conservation Corps community conservation corps project application grant preference Section 14507.5 use of services grant eligibility conservation project feasibility application preference environmental project conservation grant project prioritization resource management service utilization
Section § 90500
This law pertains to the allocation of funds from the sale of certain bonds in California. The money from these bonds is deposited in a special fund named the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Fund. This fund is used for various environmental and climate-related programs.
The allocations are as follows: $3.8 billion is for water-related programs; $1.5 billion is for wildfire and forest resilience; $1.2 billion is for coastal resilience; $450 million is for extreme heat mitigation; $1.2 billion is for biodiversity and climate solutions; $300 million is for sustainable farming; $700 million is for park and outdoor access; and $850 million is for clean air programs.
(a)CA Public Resources Code § 90500(a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 95012, shall be deposited in the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of this division.
(b)CA Public Resources Code § 90500(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1)CA Public Resources Code § 90500(b)(1) Three billion eight hundred million dollars ($3,800,000,000) for safe drinking water, drought, flood, and water resilience programs, in accordance with Chapter 2 (commencing with Section 91000).
(2)CA Public Resources Code § 90500(b)(2) One billion five hundred million dollars ($1,500,000,000) for wildfire and forest resilience programs, in accordance with Chapter 3 (commencing with Section 91500).
(3)CA Public Resources Code § 90500(b)(3) One billion two hundred million dollars ($1,200,000,000) for coastal resilience programs, in accordance with Chapter 4 (commencing with Section 92000).
(4)CA Public Resources Code § 90500(b)(4) Four hundred fifty million dollars ($450,000,000) for
extreme heat mitigation programs, in accordance with Chapter 5 (commencing with Section 92500).
(5)CA Public Resources Code § 90500(b)(5) One billion two hundred million dollars ($1,200,000,000) for biodiversity protection and nature-based climate solution programs, in accordance with Chapter 6 (commencing with Section 93000).
(6)CA Public Resources Code § 90500(b)(6) Three hundred million dollars ($300,000,000) for climate-smart, sustainable, and resilient farms, ranches, and working lands programs, in accordance with Chapter 7 (commencing with Section 93500).
(7)CA Public Resources Code § 90500(b)(7) Seven hundred million dollars ($700,000,000) for park creation and outdoor access programs, in accordance with Chapter 8 (commencing with Section 94000).
(8)CA Public Resources Code § 90500(b)(8) Eight hundred fifty million dollars ($850,000,000) for clean air programs, in accordance with Chapter 9
(commencing with Section 94500).
bond proceeds Safe Drinking Water Fund wildfire prevention drought preparedness clean air programs water resilience programs forest resilience coastal resilience extreme heat mitigation biodiversity protection nature-based climate solutions sustainable farms outdoor access park creation fund allocation
Section § 90600
This law outlines how funding can be used when it comes to administrative costs and technical assistance in grant programs. Firstly, administrative costs for these programs can only use up to 7% of the total funds, or $20 million, whichever amount is smaller. Secondly, up to 10% of funds for each chapter may go to technical help for disadvantaged or vulnerable communities. However, more than 10% can be allocated if extra support is needed for these communities as decided by the state agency in charge.
(a)CA Public Resources Code § 90600(a) An amount that equals not more than the lesser of 7 percent of the funds or twenty million dollars ($20,000,000) allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.
(b)Copy CA Public Resources Code § 90600(b)
(1)Copy CA Public Resources Code § 90600(b)(1) Up to 10 percent of the funds available pursuant to each chapter of this division may be allocated for technical
assistance to disadvantaged communities, severely disadvantaged communities, or vulnerable populations. The agency administering the moneys shall operate a multidisciplinary technical assistance program for disadvantaged communities, severely disadvantaged communities, or vulnerable populations.
(2)CA Public Resources Code § 90600(b)(2) Funds used for providing technical assistance to disadvantaged communities, severely disadvantaged communities, or vulnerable populations may exceed 10 percent of the funds allocated under each chapter of this division if the state agency administering the moneys determines that there is a need for the additional funding.
administrative costs limit grant program funding maximum percentage allowed technical assistance allocation disadvantaged communities support vulnerable populations state agency discretion multidisciplinary program fund allocation additional funding need support for severely disadvantaged agency-administered assistance community assistance programs
Section § 90610
This law encourages projects that receive funding under this division to offer education, training, and job opportunities to vulnerable groups whenever possible.
To the extent practicable, a project that receives moneys pursuant to this division may provide workforce education and training, contractor, and job opportunities for vulnerable populations.
workforce education training opportunities contractor opportunities job opportunities vulnerable populations project funding workforce development inclusive employment economic support community benefits skills training employment programs social equity vocational training inclusive workforce
Section § 90620
This law allows the Natural Resources Agency, along with its related departments and conservancies, to use allocated funds to co-fund large-scale projects. These projects should cover multiple areas and aim to deliver several benefits.
Funds allocated pursuant to this division may be used by the Natural Resources Agency and its departments, boards, and conservancies to collaboratively fund projects at a landscape or multijurisdictional scale to provide multiple benefits.
Natural Resources Agency funding landscape projects multijurisdictional projects multiple benefits collaborative funding environmental projects conservancies resource management departmental collaboration land management initiatives multi-benefit projects government boards project funding natural resource conservation large-scale projects
