Section § 79500

Explanation

This law is called the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. It focuses on improving water security and ensuring clean drinking water, along with protecting coasts and beaches.

This division shall be known and may be cited as the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002.

Section § 79501

Explanation

The people of California have outlined several important objectives to manage and safeguard the state's water resources. They aim to protect the water supply from threats like terrorism, ensure water is safe, clean, affordable, and sufficient for everyone, and provide funding for the CALFED Bay-Delta Program to maintain water quality and healthy ecosystems. There's an emphasis on improving regional water management systems to handle population growth, enhancing watershed practices to boost water efficiency and reduce pollution, and securing urban water supply against droughts. The state also plans to invest in projects supporting the efficient use of the Colorado River water, protect coastal areas and watersheds to preserve water quality and habitats, and maintain healthy coastal ecosystems.

The people of California find and declare that it is necessary and in the public interest to do all of the following:
(a)CA Water Code § 79501(a) Secure and safeguard the integrity of the state’s water supply from catastrophic damage or failure from terrorist acts or other deliberate acts of destruction.
(b)CA Water Code § 79501(b) Provide a safe, clean, affordable, and sufficient water supply to meet the needs of California residents, farms, and businesses.
(c)CA Water Code § 79501(c) Provide adequate financing for balanced implementation of the CALFED Bay-Delta Program to:
(1)CA Water Code § 79501(c)(1) Provide good water quality for all beneficial uses.
(2)CA Water Code § 79501(c)(2) Improve and increase aquatic and terrestrial habitats and improve ecological functions in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary to support sustainable populations of diverse plant and animal species.
(3)CA Water Code § 79501(c)(3) Reduce the mismatch between Bay-Delta water supplies and current and projected beneficial uses dependent on the Bay-Delta system.
(4)CA Water Code § 79501(c)(4) Reduce the risk to land uses and associated economic activities, water supply, infrastructure, and ecosystems from catastrophic breaching of Delta levees.
(d)CA Water Code § 79501(d) Establish and facilitate integrated regional water management systems and procedures to meet increasing water demands due to significant population growth that is straining local infrastructure and water supplies.
(e)CA Water Code § 79501(e) Improve practices within watersheds to improve water quality, reduce pollution, capture additional storm water runoff, protect and manage groundwater better, and increase water use efficiency.
(f)CA Water Code § 79501(f) Protect urban communities from drought, increase supplies of clean drinking water, reduce dependence on imported water, reduce pollution of rivers, lakes, streams, and coastal waters, and provide habitat for fish and wildlife.
(g)CA Water Code § 79501(g) Invest in projects that further the ability of all Californians to live within California’s basic apportionment of 4.4 million acre-feet per year of Colorado River water pursuant to the Colorado River Water Use Plan.
(h)CA Water Code § 79501(h) Protect, restore, and acquire beaches and coastal uplands, wetlands, and watershed lands along the coast and in San Francisco Bay to protect the quality of drinking water, to keep beaches and coastal waters safe from water pollution, and to provide the wildlife and plant habitat and riparian and wetlands areas needed to support functioning coastal and San Francisco Bay ecosystems for the benefit of the people of California.

Section § 79502

Explanation

This law section emphasizes that the people want this division to be carried out quickly and efficiently. It calls for all levels of government officials, whether state, regional, or local, to use their full power to implement it.

It is the intent of the people in enacting this division that it be administered and executed in the most expeditious manner possible, and that all state, regional and local officials implement this division to the fullest extent of their authority.

Section § 79503

Explanation

This law states that any water facility projects funded under this specific division must be planned and built with the goal of enhancing the safety and security of California's drinking water system.

It is the intent of the people that water facility projects financed pursuant to this division shall be designed and constructed so as to improve the security and safety of the state’s drinking water system.

Section § 79504

Explanation

This law section expresses that when public funds are invested, the goal should be to create benefits for the public.

It is the intent of the people that investment of public funds pursuant to this division should result in public benefits.

Section § 79505

Explanation

This section defines specific terms used within the division. It explains what 'acquisition' means regarding property interests, identifies the 'Board' as the State Water Resources Control Board, and describes 'CALFED' as the group of agencies managing the San Francisco Bay and Delta Estuary. The 'CALFED Bay-Delta Program' is their project focused on addressing issues in the Bay-Delta area. The 'Department' refers to the Department of Water Resources. The 'Fund' is a specific fund related to water security and protection, created in 2002. A 'nonprofit organization' is one qualified under specific legal sections and tax codes. The 'Secretary' is the head of the Resources Agency, and 'wetlands' are defined as specific types of water-covered lands.

As used in this division, the following terms shall have the following meanings:
(a)CA Water Code § 79505(a) “Acquisition” means the acquisition of a fee interest or any other interest, including easements, leases, and development rights.
(b)CA Water Code § 79505(b) “Board” means the State Water Resources Control Board.
(c)CA Water Code § 79505(c) “CALFED” means the consortium of state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.
(d)CA Water Code § 79505(d) “CALFED Bay-Delta Program” means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions, projects, and related activities that will provide solutions to identified problem areas related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem, including but not limited to the Bay-Delta and its tributary watersheds.
(e)CA Water Code § 79505(e) “Department” means the Department of Water Resources.
(f)CA Water Code § 79505(f) “Fund” means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510.
(g)CA Water Code § 79505(g) “Nonprofit organization” means any nonprofit corporation formed pursuant to the Nonprofit Public Benefit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) and qualified under Section 501(c)(3) of the United States Internal Revenue Code.
(h)CA Water Code § 79505(h) “Secretary” means the Secretary of the Resources Agency.
(i)CA Water Code § 79505(i) “Wetlands” means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools.

Section § 79505.5

Explanation

This law defines key terms used in a specific division of California's Water Code. A 'disadvantaged community' is one where the median household income is less than 80% of the statewide median. 'Matching funds' are financial contributions or donated services from nonstate sources. However, for state agencies, matching funds can also include state-provided funds and services.

As used in this division, the following terms shall have the following meanings:
(a)CA Water Code § 79505.5(a) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(b)CA Water Code § 79505.5(b) “Matching funds” means funds made available by nonstate sources, which may include, but are not limited to, donated services from nonstate sources.
(c)CA Water Code § 79505.5(c) Notwithstanding subdivision (b), matching funds for a state agency may include state funds and services.

Section § 79505.6

Explanation

This section requires state agencies in California, responsible for giving out grants or loans, to have guidelines for how they choose projects. These guidelines should be made available to the public, and agencies must hold two public meetings, one in northern and one in southern California, for feedback before finalizing them. Draft guidelines must be accessible online 30 days before these meetings. Agencies should try to involve disadvantaged communities for input.

The guidelines can suggest that applicants provide matching funds, but exceptions are made for disadvantaged communities unless specific conditions apply under Sections 79545 and 79564. Agencies can use existing guidelines as of January 1, 2004, if they meet current requirements.

(a)Copy CA Water Code § 79505.6(a)
(1)Copy CA Water Code § 79505.6(a)(1) By March 15, 2004, each state agency disbursing grants or loans pursuant to this division shall develop project solicitation and evaluation guidelines. The guidelines may include a limitation on the size of grants or loans to be awarded.
(2)CA Water Code § 79505.6(a)(2) Prior to disbursing grants, each state agency shall conduct two public meetings to consider public comments prior to finalizing the guidelines. Each state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California and one meeting shall be conducted at a location in southern California. Upon adoption, each state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. To the extent feasible, each state agency shall provide outreach to disadvantaged communities to promote access and participation in those meetings.
(3)Copy CA Water Code § 79505.6(a)(3)
(A)Copy CA Water Code § 79505.6(a)(3)(A) Subject to subparagraph (B), the guidelines may include a requirement for matching funds.
(B)CA Water Code § 79505.6(a)(3)(A)(B) A state agency may not require matching funds for the purposes of awarding a grant financed by this division to assist a disadvantaged community, except as follows:
(i)CA Water Code § 79505.6(a)(3)(A)(B)(i) For the purposes of awarding a grant pursuant to subdivision (a) of Section 79545, the department shall impose matching fund requirements in accordance with subdivision (a) of Section 79545.
(ii)CA Water Code § 79505.6(a)(3)(A)(B)(ii) For the purposes of awarding a grant subject to Section 79564, the board shall impose matching fund requirements in accordance with subdivision (b) of Section 79564.
(b)CA Water Code § 79505.6(b) Notwithstanding subdivision (a), a state agency, in lieu of adopting guidelines pursuant to subdivision (a), may use guidelines existing on January 1, 2004, to the extent those guidelines conform to the applicable requirements of this division.

Section § 79506

Explanation

This law section states that any project looking for funding under this division must follow the rules set by the California Environmental Quality Act. This means the project has to consider environmental impacts as outlined in that act.

Every proposed activity to be financed pursuant to this division shall be in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code.

Section § 79506.7

Explanation

This law requires state agencies in charge of giving out loans or grants to help applicants, especially those from economically disadvantaged communities, with the application process. The assistance should be tailored to ensure these communities can effectively access and apply for the available financial support.

State agencies that are authorized to award loans or grants financed by this division shall provide technical assistance with regard to the preparation of the applications for those loans or grants in a manner that, among other things, addresses the needs of economically disadvantaged communities.

Section § 79507

Explanation

This law section states that any watershed protection activities funded under this division must align with both the local watershed management plan and the regional water quality control plan set by the regional water quality control board.

Watershed protection activities financed pursuant to this division shall be consistent with the applicable adopted local watershed management plan and the applicable regional water quality control plan adopted by the regional water quality control board.

Section § 79508

Explanation

This law states that any activities for protecting the watersheds of the San Gabriel and Los Angeles Rivers must align with a specific plan designed by the local conservancies. This plan must be carried out according to particular divisions of the Public Resources Code. These divisions address different parts of the river: upstream of Vernon for the Los Angeles River and other sections for the San Gabriel River and lower Los Angeles River.

Watershed protection activities in the San Gabriel and Los Angeles River watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and the Santa Monica Mountains Conservancy. Notwithstanding any other provision of law, this plan shall be implemented pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code in the watershed of the Los Angeles River upstream of the northernmost boundary of the City of Vernon and pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code in the San Gabriel River and in the lower Los Angeles River watershed.

Section § 79509

Explanation

This law states that, generally, projects aiming to support the CALFED Bay-Delta Program must align with the goals and principles outlined in its Programmatic Record of Decision. These projects should be carried out primarily through local and regional efforts unless they are financed under specific chapters mentioned.

Except for projects financed pursuant to Chapter 6 (commencing with Section 79545) or Chapter 10 (commencing with Section 79570), to be eligible to be financed pursuant to this division, any project that will wholly or partially assist in the fulfillment of one or more of the goals of the CALFED Bay-Delta Program shall be consistent with the CALFED Programmatic Record of Decision, and shall be implemented, to the maximum extent possible, through local and regional programs.

Section § 79509.6

Explanation

This section outlines the role of the California Bay-Delta Authority in making sure that projects within the CALFED solution area follow certain criteria. The authority will review and comment on regulations or guidelines put forward by any implementing agency that wants to run a grant program for eligible projects. These projects should help achieve the goals of the CALFED Bay-Delta Program and should align with the CALFED Programmatic Record of Decision. Specific projects financed under certain chapters are excluded. The review process must be part of the grant program timeline to prevent any delays. 'Implementing agency' refers to a definition found in another section.

(a)CA Water Code § 79509.6(a) For the purposes of ensuring compliance with Section 79509, the California Bay-Delta Authority shall review regulations, guidelines, or criteria that are proposed by an implementing agency to carry out a grant program for projects and activities that meet the following criteria:
(1)CA Water Code § 79509.6(a)(1) The project is located within the CALFED solution area as defined in the CALFED final programmatic environmental impact statement/environmental impact report, dated July 2000.
(2)CA Water Code § 79509.6(a)(2) The project wholly or partially assists in the fulfillment of one or more of the goals of the CALFED Bay-Delta Program.
(b)CA Water Code § 79509.6(b) Except for projects financed pursuant to Chapter 6 (commencing with Section 79545) or Chapter 10 (commencing with Section 79570), the California Bay-Delta Authority may review, and comment to the appropriate implementing agency with regard to, a proposal to award a grant pursuant to this division on behalf of a project that meets the criteria set forth in subdivision (a) for the purposes of determining whether or not the project is consistent with the CALFED Programmatic Record of Decision.
(c)CA Water Code § 79509.6(c) To avoid any delays in project awards, the opportunity for review by the California Bay-Delta Authority pursuant to subdivision (b) shall be incorporated into the grant program schedules established by the implementing agencies.
(d)CA Water Code § 79509.6(d) For the purposes of this section, “implementing agency” has the same definition as that set forth in subdivision (h) of Section 79402.