An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.
Chapter 4General Provisions
Section § 79703
This law states that up to 5% of the funds given for a grant program can be used to cover the costs of managing and running that program.
grant funding administrative costs grant program budget fund allocation program management costs budget limit administrative budget cap funds usage budgetary restrictions cost management overhead expenses expenditure limits financial administration budget allocation cost allocation
Section § 79704
This law section allows for up to 10 percent of funds from certain programs to be used for planning and monitoring related to the implementation of projects. It clarifies that spending on items like preliminary plans, working drawings, and construction is not restricted by this provision. Furthermore, it mandates that water quality and watershed monitoring data must be collected in a way that aligns with existing state data systems, ensuring consistency and compatibility.
Unless otherwise specified, up to 10 percent of funds allocated for each program funded by this division may be expended for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section 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 data shall be collected and reported to the state board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the state board. Watershed monitoring data shall be collected and reported to the Department of Conservation in a manner that is compatible and consistent with the statewide watershed program administered by the Department of Conservation.
fund allocation planning and monitoring project implementation preliminary plans working drawings construction water quality monitoring state board reporting surface water data systems groundwater data systems watershed monitoring Department of Conservation statewide watershed program compatibility data consistency
Section § 79705
This law section states that certain rules from the Government Code about creating rules and regulations don't apply to programs or projects under this division, except for those in Chapter 8.
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 or implementation of programs or projects authorized or funded under this division other than Chapter 8 (commencing with Section 79750).
program development exclusion implementation exemption funding exceptions Chapter 8 applicability Government Code Chapter 3.5 rules and regulations exemption water project regulation administrative procedures Division-specific programs Section 11340 exception program authorization project funding exempt regulatory processes government oversight exclusion California water projects
Section § 79706
This law outlines steps that California state agencies must follow before disbursing grants or loans related to water projects. Agencies must create guidelines for how projects are chosen and evaluated, including how they will monitor and report on the projects. These guidelines can set limits on the amount of money given. If agencies already have suitable guidelines, they can continue using them.
Before finalizing these guidelines, agencies must hold three public meetings across various regions in California to gather public feedback. Draft guidelines must be available online 30 days before these meetings. Once the guidelines are adopted, they must be sent to legislative committees for review.
(a)CA Water Code § 79706(a) Prior to disbursing grants or loans pursuant to this division, each state agency that receives an appropriation from the funding made available by this division to administer a competitive grant or loan program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants or loans to be awarded. If the state
agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(b)CA Water Code § 79706(b) Prior to disbursing grants or loans, the state agency shall conduct three public meetings to consider public comments prior to finalizing the guidelines. The 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, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. Upon adoption, the state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
grant disbursement loan disbursement project guidelines public meetings public comment guideline development evaluation guidelines project monitoring reporting requirements funding limits state agency requirements draft guidelines legislative review public feedback regional meetings
Section § 79707
This law states that public funds will be used for projects that address critical statewide needs and offer public benefits. Projects with additional funding from private, federal, or local sources, or those providing the most public benefit, get priority. These projects must align with their funding purposes and be based on the best available science.
Innovative technologies and practices are emphasized, as well as collaboration among various agencies like those dealing with water supply and flood control. Experts must review projects before funding. Public awareness of funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 is encouraged. Supported projects need to be consistent with specific state codes and promote sustainable communities and conservation of agricultural and forested lands.
It is the intent of the people that:
(a)CA Water Code § 79707(a) The investment of public funds pursuant to this division will result in public benefits that address the most critical statewide needs and priorities for public funding.
(b)CA Water Code § 79707(b) In the appropriation and expenditure of funding authorized by this division, priority will be given to projects that leverage private, federal, or
local funding or produce the greatest public benefit.
(c)CA Water Code § 79707(c) A funded project advances the purposes of the chapter from which the project received funding.
(d)CA Water Code § 79707(d) In making decisions regarding water resources, state and local water agencies will use the best available science to inform those decisions.
(e)CA Water Code § 79707(e) Special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including, but not limited to, water supply, flood control, land use, and sanitation.
(f)CA Water Code § 79707(f) Evaluation of projects considered for funding pursuant to this division will include review by professionals in the fields relevant to the proposed project.
(g)CA Water Code § 79707(g) To the extent practicable, a project supported by funds made available by this division will include signage informing the public that the project received funds from the Water Quality, Supply, and Infrastructure Improvement Act of 2014.
(h)CA Water Code § 79707(h) Projects funded with proceeds from this division will be consistent with Division 7 (commencing with Section 13000) of this code and Section 13100 of the Government Code.
(i)CA Water Code § 79707(i) Projects funded with proceeds from this division will promote state planning priorities consistent with the provisions of Section 65041.1 of the Government Code and sustainable communities strategies consistent with the provisions of subparagraph (B) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, to the extent feasible.
(j)CA Water Code § 79707(j) California’s working agricultural and forested landscapes will be preserved wherever possible. To the extent feasible, watershed objectives included in this division should be achieved through use of conservation easements and voluntary landowner participation, including, but not limited to, the use of easements pursuant to Division 10.2 (commencing with Section 10200) and Division 10.4 (commencing with Section 10330) of the Public Resources Code and voluntary habitat credit exchange mechanisms.
public funding priorities statewide needs leverage funding public benefit best available science innovative technology multiple jurisdictions project evaluation Water Quality Improvement Act signage requirements state planning priorities sustainable communities conservation easements voluntary participation habitat credit exchange
Section § 79708
This law requires the Department of Finance to conduct an independent audit of spending related to specific programs and projects, with a publicly available report issued at least annually. If an audit reveals any wrongdoing, further investigation may be conducted by the State Auditor or Controller. Agencies that give out grants or loans from this funding must ensure proper documentation of spending. Before accepting project proposals, agencies must submit their guidelines for approval and verification to ensure they align with relevant laws, and these guidelines must be accessible online.
(a)CA Water Code § 79708(a) The Department of Finance shall provide for an independent audit of expenditures pursuant to 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 Natural Resources Agency’s Internet Web site.
(b)CA Water Code § 79708(b) If an audit, required by statute, 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 a full audit of any or all of the activities of that entity.
(c)CA Water Code § 79708(c) The state agency issuing any grant or loan with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant or loan.
(d)CA Water Code § 79708(d) Prior to soliciting projects pursuant to this division, state agencies shall submit guidelines to the secretary. The secretary shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this division. The secretary shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agency’s Internet Web site.
independent audit project expenditures annual report Natural Resources Agency California State Auditor funding impropriety grant reporting loan expenditure state agency guidelines project solicitation spending verification statute compliance online publication funding oversight expenditure transparency
Section § 79708.5
This law requires the secretary to share updates about project timelines and spending on the Natural Resources Agency's website. This ensures better monitoring and transparency of projects and their funding.
In addition to the information required pursuant to Section 79708, in order to facilitate oversight of funding and projects, the secretary shall post on the Natural Resources Agency’s Internet Web site information on changes to project timelines and project spending.
project timelines project spending updates Natural Resources Agency funding oversight transparency website posting secretary responsibilities project monitoring public information change tracking financial oversight project management resource allocation spending transparency online updates
Section § 79709
This section outlines how state funds should be used for acquiring water resources. Funds can be used to acquire permanent water rights beyond what is already required by regulations, as long as the water board approves. The process can start with temporary changes, but they must comply with specific regulatory sections. When it comes to long-term water transfers, they need to be approved after a notice and hearing, usually lasting at least 20 years, with an emphasis on permanent transfers. These funds should prioritize projects that offer significant benefits to fisheries or ecosystems, above existing environmental requirements, and cannot be used to offset existing obligations, except under certain federal conditions.
(a)CA Water Code § 79709(a) Funds expended pursuant to this division for the acquisition of a permanent dedication of water shall be in accordance with Section 1707 where the state board specifies that the water is in addition to water that is required for regulatory requirements as provided in subdivision (c) of Section 1707. The expenditure of funds provided by this division may include the initiation of the dedication as a short term or temporary urgency change, that is approved in
accordance with Section 1707 and either Chapter 6.6 (commencing with Section 1435) of, or Chapter 10.5 (commencing with Section 1725) of, Part 2 of Division 2, during the period required to prepare any environmental documentation and for approval of permanent dedication.
(b)CA Water Code § 79709(b) Funds expended pursuant to this division for the acquisition of long-term transfers of water shall be transfers in accordance with Sections 1735, 1736, and 1737 if the state board, after providing notice and opportunity for a hearing, approves such a petition. Funds expended pursuant to this division shall prioritize permanent transfers. Long-term transfers shall be for a period of not less than 20 years, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575).
(c)CA Water Code § 79709(c) Funds expended pursuant to this division
for any acquisition of water shall only be done pursuant to this section and shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations in effect at the time the funds from this division are made available for the project and funds shall not be credited to any measures or obligations, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575).
permanent water dedication temporary urgency change long-term water transfers fisheries benefits ecosystem improvement environmental mitigation regulatory requirements Central Valley Project Improvement Act water board approval temporary changes permanent dedication environmental documentation fund expenditure priorities short-term water dedication notice and hearing procedure
Section § 79710
This law section makes it clear that funds from this division cannot be used to pay for the Delta conveyance facilities' expenses like design, construction, operation, or maintenance. Those costs are to be handled by the water agencies that gain benefits from such facilities.
For wildlife conservation in the Sacramento-San Joaquin Delta, the Delta Conservancy should focus on public and voluntary private land projects to create habitat improvements. The projects must not reduce any existing mitigation obligations.
Moreover, the Delta Conservancy must coordinate with local authorities and the Delta Protection Commission for grant or property acquisition decisions. All acquisitions must be from willing sellers only.
(a)CA Water Code § 79710(a) Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of 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.
(b)CA Water Code § 79710(b) To the extent feasible, in implementing subdivision (k) of
Section 79731, the Sacramento-San Joaquin Delta Conservancy shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds available to the Sacramento-San Joaquin Delta Conservancy pursuant to subdivision (k) of Section 79731 may be used, in consultation with the Department of Fish and Wildlife, for payments to landowners for the creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species. The Sacramento-San Joaquin Delta Conservancy may develop and implement a competitive program for habitat enhancements that maximizes voluntary landowner participation in projects that provide measurable and long-lasting habitat or species improvements in the Delta. These funds shall not be used to subsidize or decrease the mitigation obligations of any party.
(c)CA Water Code § 79710(c) In implementing subdivision (k) of Section 79731, the Sacramento-San
Joaquin Delta Conservancy shall coordinate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired and with the Delta Protection Commission. Acquisitions by the Sacramento-San Joaquin Delta Conservancy pursuant to subdivision (k) of Section 79731 shall be from willing sellers only.
Delta conveyance facilities water agencies responsibility wildlife conservation public land projects private land projects measurable habitat improvements endangered species voluntary landowner participation Sacramento-San Joaquin Delta Conservancy mitigation obligations local coordination Delta Protection Commission willing sellers competitive program for habitat
Section § 79711
This law ensures that existing water rights and protections are not affected by new rules, including rights established before 1914. It clarifies that areas using water diverted from the Sacramento River region to other areas are not considered adjacent simply because of new water transport facilities.
It confirms that existing laws governing water usage and the rights of municipalities are not overridden. The law also safeguards Wild and Scenic Rivers from projects funded by this division and specifies that funds can't be used to acquire land through eminent domain.
Agencies purchasing land can apply for tax credits under the Natural Heritage Preservation Tax Credit Act. Overall, the division maintains all current water laws, protections, and does not modify the Sacramento-San Joaquin Delta Reform Act.
(a)CA Water Code § 79711(a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128,
11460, 11461, 11462, and 11463, and Sections 12200 to 12220, inclusive.
(b)CA Water Code § 79711(b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1, 2014.
(c)CA Water Code § 79711(c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2, including petitions related to any new conveyance constructed or operated in accordance with Chapter 2 (commencing with Section 85320) of Part 4 of Division 35.
(d)CA Water Code § 79711(d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the state board’s regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections 106 and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the state board’s existing authority to regulate the diversion and use of water or the courts’ existing concurrent jurisdiction over California water rights.
(e)CA Water Code § 79711(e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code) or the federal Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271 et seq.) and funds authorized
pursuant to this division shall not be available for any project that could have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act.
(f)CA Water Code § 79711(f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section 85000)) or any other applicable law, including, but not limited to, Division 22.3 (commencing with Section 32300) of the Public Resources Code.
(g)CA Water Code § 79711(g) Funds provided by this division shall not be used to acquire land via eminent domain.
(h)CA Water Code § 79711(h) Notwithstanding any other law, any agency acquiring land pursuant to this division may use the Natural Heritage Preservation Tax Credit Act
of 2000 (Division 28 (commencing with Section 37000) of the Public Resources Code).
water rights protection Sacramento River region wild and scenic rivers eminent domain restriction Natural Heritage Preservation Tax Credit Delta Reform Act safeguards water appropriation pre-1914 municipal water protection court water rights jurisdiction California Wild and Scenic Rivers Act federal Wild and Scenic Rivers Act water diversion regulations area of origin rights Delta water conveyance land acquisition by agencies
Section § 79712
This law section outlines who can apply for funding and what requirements they need to meet to be eligible for funding. Eligible applicants include public agencies, nonprofits, public utilities, certain Indian tribes, and mutual water companies. For a project by a public utility or mutual water company to qualify, it must benefit the water system's customers, not its investors.
Urban water suppliers and agricultural water suppliers must submit respective water management plans to qualify. Furthermore, both types of suppliers must comply with specific water management regulations to receive funding.
(a)CA Water Code § 79712(a) Eligible applicants under this division are public agencies, nonprofit organizations, public utilities, federally recognized Indian tribes, state Indian tribes listed on the Native American Heritage Commission’s California Tribal Consultation List, and mutual water companies.
(b)Copy CA Water Code § 79712(b)
(1)Copy CA Water Code § 79712(b)(1) To be eligible for funding under this division, a project proposed by a public utility that is
regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(2)CA Water Code § 79712(b)(2) To be eligible for funding under this division, an urban water supplier shall adopt and submit an urban water management plan in accordance with the Urban Water Management Planning Act (Part 2.6 (commencing with Section 10610) of Division 6).
(3)CA Water Code § 79712(b)(3) To be eligible for funding under this division, an agricultural water supplier shall adopt and submit an agricultural water management plan in accordance with the Agricultural Water Management Planning Act (Part 2.8 (commencing with Section 10800) of Division 6).
(4)CA Water Code § 79712(b)(4) In accordance with Section 10608.56, an agricultural water supplier or an urban water supplier is ineligible for
funding under this division unless it complies with the requirements of Part 2.55 (commencing with Section 10608) of Division 6.
public agencies nonprofit organizations public utilities federally recognized Indian tribes mutual water companies public purpose requirement urban water supplier agricultural water supplier Urban Water Management Planning Act Agricultural Water Management Planning Act water management plan customer benefit Public Utilities Commission regulation funding eligibility criteria water system projects
Section § 79713
The law allows the California Legislature to create laws needed to support programs funded by this division, unless Section 79760 specifies otherwise.
The Legislature may enact legislation necessary to implement programs funded by this division, except as otherwise provided in Section 79760.
Legislature implement programs funded by this division Section 79760 create laws support programs funding program implementation California water programs legislation necessary water program funding division programs exceptions legislative authority implementation legislation
Section § 79714
State agencies that have the authority to carry out the goals of this bond can receive funding. However, the Legislature cannot directly allocate these funds to specific projects. Projects funded this way can hire the California Conservation Corps or local conservation organizations to help with their work.
(a)CA Water Code § 79714(a) Unless otherwise specified, any state agency that has the statutory authority to implement one or more of the purposes specified in this bond may be eligible for appropriations from the funding made available by this division.
(b)CA Water Code § 79714(b) Funding made available by this division shall not be appropriated by the Legislature to a specific project.
(c)CA Water Code § 79714(c) Projects funded pursuant to this division may use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code.
state agency eligibility bond purposes funding appropriations California Conservation Corps community conservation corps project funding restriction legislative appropriation statutory authority public resources conservation corps services
Section § 79715
This law section states that when bonds are issued and sold under this division, the money from those bonds must be placed into a specific fund called the Water Quality, Supply, and Infrastructure Improvement Fund of 2014. This fund is created within the State Treasury.
The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, which is hereby created in the State Treasury.
bond proceeds Water Quality Fund Supply and Infrastructure Improvement Fund State Treasury 2014 fund bond issuance bond sales water infrastructure financing public fund allocation state water projects
Section § 79716
In this section, any state agency that gets funding from this division must set success benchmarks and report on project progress and spending. These reports should be posted on the state's bond accountability website, as required by law.
Each state agency that receives an appropriation of funding made available by this division shall be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state’s bond accountability Internet Web site, as provided by statute.
state agency reporting funding usage bond accountability project metrics success benchmarks state funding projects reporting obligations state bond accountability fund appropriation monitoring project status updates
Section § 79716.5
This law requires any state agency that receives funding under this division to assess the results of funded projects. Agencies must include these evaluations in their reports as specified by a related law, Section 79716. Additionally, agencies have a responsibility to ensure that grant receivers complete their projects on schedule and as planned.
Each state agency that receives an appropriation of funding made available by this division shall do the following:
(a)CA Water Code § 79716.5(a) Evaluate the outcomes of projects funded by this division.
(b)CA Water Code § 79716.5(b) Include in the agency’s reporting pursuant to Section 79716 the evaluation described in subdivision (a).
(c)CA Water Code § 79716.5(c) Hold a grantee of funds accountable for completing projects funded by this division on time and within scope.
state agency funding evaluation project outcomes assessment agency reporting requirements grantee accountability funded project completion timely project execution project scope adherence Section 79716 grant recipient responsibilities project funding oversight
