Section § 79750

Explanation

This law allows a commission to make its own decisions about water projects without needing the director's approval, as long as these decisions are made in public meetings. It sets aside $2.7 billion for water storage projects that benefit the public by improving the state water system and environmental conditions. This funding is continuous and can't be redirected for other uses by the Legislature or the Governor. Projects are chosen through a competitive process based on the value of public benefits they provide. Any project funded must also comply with existing requirements in another section of the law.

(a)CA Water Code § 79750(a) Notwithstanding Section 162, the commission may make the determinations, findings, and recommendations required of it by this chapter independent of the views of the director. All final actions by the commission in implementing this chapter shall be taken by a majority of the members of the commission at a public meeting noticed and held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(b)CA Water Code § 79750(b) Notwithstanding Section 13340 of the Government Code, the sum of two billion seven hundred million dollars ($2,700,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the commission for public benefits associated with water storage projects that improve the operation of the state water system, are cost effective, and provide a net improvement in ecosystem and water quality conditions, in accordance with this chapter. Funds authorized for, or made available to, the commission pursuant to this chapter shall be available and expended only for the purposes provided in this chapter, and shall not be subject to appropriation or transfer by the Legislature or the Governor for any other purpose.
(c)CA Water Code § 79750(c) Projects shall be selected by the commission through a competitive public process that ranks potential projects based on the expected return for public investment as measured by the magnitude of the public benefits provided, pursuant to criteria established under this chapter.
(d)CA Water Code § 79750(d) Any project constructed with funds provided by this chapter shall be subject to Section 11590.

Section § 79751

Explanation

This law section describes the types of water projects that can receive public funding in California. Eligible projects include certain surface storage initiatives from a specific CALFED Bay-Delta Program decision, as long as they're not banned by certain other laws. It also covers groundwater projects that help store water or clean up contamination. Additionally, projects that involve using groundwater and surface water together, as well as adjusting existing reservoirs, qualify. Lastly, it includes local and regional water storage projects that enhance water system operations and offer public benefits.

Projects for which the public benefits are eligible for funding under this chapter consist of only the following:
(a)CA Water Code § 79751(a) Surface storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code.
(b)CA Water Code § 79751(b) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits.
(c)CA Water Code § 79751(c) Conjunctive use and reservoir reoperation projects.
(d)CA Water Code § 79751(d) Local and regional surface storage projects that improve the operation of water systems in the state and provide public benefits.

Section § 79752

Explanation

This law section explains that for a project to receive funding under this chapter, it must result in noticeable improvements to either the Delta ecosystem or its tributaries. Essentially, the project needs to have a clear, positive impact on these specific water environments.

A project shall not be funded pursuant to this chapter unless it provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta.

Section § 79753

Explanation

This law states that funds can only be used for specific public benefits related to water storage projects. These benefits include improving ecosystems by adjusting water flow and conditions, enhancing water quality, expanding flood control measures, providing emergency water supplies in case of disasters, and supporting recreational activities. The funds cannot be used for environmental mitigation costs unless they are directly related to these public benefits.

(a)CA Water Code § 79753(a) Funds allocated pursuant to this chapter may be expended solely for the following public benefits associated with water storage projects:
(1)CA Water Code § 79753(a)(1) Ecosystem improvements, including changing the timing of water diversions, improvement in flow conditions, temperature, or other benefits that contribute to restoration of aquatic ecosystems and native fish and wildlife, including those ecosystems and fish and wildlife in the Delta.
(2)CA Water Code § 79753(a)(2) Water quality improvements in the Delta, or in other river systems, that provide significant public trust resources, or that clean up and restore groundwater resources.
(3)CA Water Code § 79753(a)(3) Flood control benefits, including, but not limited to, increases in flood reservation space in existing reservoirs by exchange for existing or increased water storage capacity in response to the effects of changing hydrology and decreasing snow pack on California’s water and flood management system.
(4)CA Water Code § 79753(a)(4) Emergency response, including, but not limited to, securing emergency water supplies and flows for dilution and salinity repulsion following a natural disaster or act of terrorism.
(5)CA Water Code § 79753(a)(5) Recreational purposes, including, but not limited to, those recreational pursuits generally associated with the outdoors.
(b)CA Water Code § 79753(b) Funds shall not be expended pursuant to this chapter for the costs of environmental mitigation measures or compliance obligations except for those associated with providing the public benefits as described in this section.

Section § 79754

Explanation

By December 15, 2016, the commission, working with the Department of Fish and Wildlife, the state board, and the Department of Water Resources, must create rules to measure and manage the public benefits of water projects. These rules will focus on how important the ecosystem and water quality improvements are, with input on priorities from the Department of Fish and Wildlife and the state board.

In consultation with the Department of Fish and Wildlife, the state board, and the Department of Water Resources, the commission shall develop and adopt, by regulation, methods for quantification and management of public benefits described in Section 79753 by December 15, 2016. The regulations shall include the priorities and relative environmental value of ecosystem benefits as provided by the Department of Fish and Wildlife and the priorities and relative environmental value of water quality benefits as provided by the state board.

Section § 79755

Explanation

This law states that funds for certain water-related projects can only be released after December 15, 2016, when the commission approves the project. Before approval, the commission must ensure several conditions are met, including the adoption of necessary regulations, public disclosure of project costs, and confirmation of contracts with parties benefiting from the project. Benefits must align with the cost contributions. Public agencies handling public benefits must confirm the project meets all legal requirements. A public hearing must be held for review and comment, feasibility studies must be completed, and the project must comply with laws and environmental documentation requirements. The commission must report these findings to the Legislature. However, funds can be used for environmental documentation and permitting even if full project approval hasn't occurred.

(a)CA Water Code § 79755(a) Except as provided in subdivision (c), no funds allocated pursuant to this chapter may be allocated for a project before December 15, 2016, and until the commission approves the project based on the commission’s determination that all of the following have occurred:
(1)CA Water Code § 79755(a)(1) The commission has adopted the regulations specified in Section 79754 and specifically quantified and made public the cost of the public benefits associated with the project.
(2)CA Water Code § 79755(a)(2) The project applicant has entered into a contract with each party that will derive benefits, other than public benefits, as defined in Section 79753, from the project that ensures the party will pay its share of the total costs of the project. The benefits available to a party shall be consistent with that party’s share of total project costs.
(3)CA Water Code § 79755(a)(3) The project applicant has entered into a contract with each public agency identified in Section 79754 that administers the public benefits, after that agency makes a finding that the public benefits of the project for which that agency is responsible meet all the requirements of this chapter, to ensure that the public contribution of funds pursuant to this chapter achieves the public benefits identified for the project.
(4)CA Water Code § 79755(a)(4) The commission has held a public hearing for the purposes of providing an opportunity for the public to review and comment on the information required to be prepared pursuant to this subdivision.
(5)CA Water Code § 79755(a)(5) All of the following additional conditions are met:
(A)CA Water Code § 79755(a)(5)(A) Feasibility studies have been completed.
(B)CA Water Code § 79755(a)(5)(B) The commission has found and determined that the project is feasible, is consistent with all applicable laws and regulations, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta.
(C)CA Water Code § 79755(a)(5)(C) All environmental documentation associated with the project has been completed, and all other federal, state, and local approvals, certifications, and agreements required to be completed have been obtained.
(b)CA Water Code § 79755(b) The commission shall submit to the Legislature its findings for each of the criteria identified in subdivision (a) for a project funded pursuant to this chapter.
(c)CA Water Code § 79755(c) Notwithstanding subdivision (a), funds may be made available under this chapter for the completion of environmental documentation and permitting of a project.

Section § 79756

Explanation

This law states that, for most projects funded under this chapter, the government contribution to the project's costs cannot be more than 50% of the total project costs. Also, for a project to receive funding, at least 50% of its public benefits must involve improving ecosystems, according to certain described standards.

(a)CA Water Code § 79756(a) The public benefit cost share of a project funded pursuant to this chapter, other than a project described in subdivision (c) of Section 79751, shall not exceed 50 percent of the total costs of any project funded under this chapter.
(b)CA Water Code § 79756(b) No project may be funded unless it provides ecosystem improvements as described in paragraph (1) of subdivision (a) of Section 79753 that are at least 50 percent of total public benefits of the project funded under this chapter.

Section § 79757

Explanation

For a project to get funding under this law, three conditions must be met by January 1, 2022. First, feasibility studies should be complete and draft environmental documents should be publicly available. Second, the commission needs to find that the project is practical and supports long-term goals for ecological health and water management in the Delta. Third, commitments for at least 75% of the nonpublic funding must be secured. If these requirements are delayed due to legal issues or delayed regulations, the deadline can be extended.

(a)CA Water Code § 79757(a) A project is not eligible for funding under this chapter unless, by January 1, 2022, all of the following conditions are met:
(1)CA Water Code § 79757(a)(1) All feasibility studies are complete and draft environmental documentation is available for public review.
(2)CA Water Code § 79757(a)(2) The commission makes a finding that the project is feasible, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta.
(3)CA Water Code § 79757(a)(3) The director receives commitments for not less than 75 percent of the nonpublic benefit cost share of the project.
(b)CA Water Code § 79757(b) If compliance with subdivision (a) is delayed by litigation or failure to promulgate regulations, the date in subdivision (a) shall be extended by the commission for a time period that is equal to the time period of the delay, and funding under this chapter that has been dedicated to the project shall be encumbered until the time at which the litigation is completed or the regulations have been promulgated.

Section § 79758

Explanation

This law explains that certain surface storage projects, which are projects storing water on the land's surface for later use, can become part of California's Central Valley Project. These projects can be financed, acquired, built, run, and maintained following specific rules outlined in another part of the law.

Surface storage projects funded pursuant to this chapter and described in subdivision (a) of Section 79751 may be made a unit of the Central Valley Project as provided in Section 11290 and may be financed, acquired, constructed, operated, and maintained pursuant to Part 3 (commencing with Section 11100) of Division 6.

Section § 79759

Explanation

This section talks about funding for surface storage projects identified in a 2000 decision related to the CALFED Bay-Delta. Funds can be given to local partnerships formed by water districts and local governments to design, acquire, and build these projects. These partnerships, called joint powers authorities, can include government partners from other regions for financial purposes, like sharing costs, but they can't include for-profit companies or private entities. The state department will be a non-voting member of these partnerships, ensuring they don't control the projects. These partnerships are responsible for owning, managing, and operating the projects in line with the law's goals.

(a)CA Water Code § 79759(a) The funds allocated for the design, acquisition, and construction of surface storage projects identified in the CALFED Bay-Delta Record of Decision, dated August 28, 2000, pursuant to this chapter may be provided for those purposes to local joint powers authorities formed by irrigation districts and other local water districts and local governments within the applicable hydrologic region to design, acquire, and construct those projects.
(b)CA Water Code § 79759(b) The joint powers authorities described in subdivision (a) may include in their membership governmental partners that are not located within their respective hydrologic regions in financing the surface storage projects, including, as appropriate, cost share participation or equity participation. Notwithstanding Section 6525 of the Government Code, the joint powers agencies described in subdivision (a) shall not include in their membership any for-profit corporation or any mutual water company whose shareholders and members include a for-profit corporation or any other private entity. The department shall be an ex officio member of each joint powers authority subject to this section, but the department shall not control the governance, management, or operation of the surface water storage projects.
(c)CA Water Code § 79759(c) A joint powers authority subject to this section shall own, govern, manage, and operate a surface water storage project, subject to the requirement that the ownership, governance, management, and operation of the surface water storage project shall advance the purposes set forth in this chapter.

Section § 79760

Explanation

This section explains that the Water Quality, Supply, and Infrastructure Improvement Act of 2014 relies on its current provisions to meet its goals. Changing these provisions without voter approval would undermine the purpose of the act. Therefore, any amendment by the Legislature to this chapter requires both a two-thirds vote in each house and approval from voters.

However, this rule does not apply to changes to other parts of the act outside this chapter. Those changes don’t automatically need voter approval to determine if they alter the act’s overall plan.

(a)CA Water Code § 79760(a) In approving the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the people were informed and hereby declare that the provisions of this chapter are necessary, integral, and essential to meeting the single object or work of the Water Quality, Supply, and Infrastructure Improvement Act of 2014. As such, any amendment of the provisions of this chapter by the Legislature without voter approval would frustrate the scheme and design that induced voter approval of this act. The people therefore find and declare that any amendment of the provisions of this chapter by the Legislature shall require an affirmative vote of two-thirds of the membership in each house of the Legislature and voter approval.
(b)CA Water Code § 79760(b) This section shall not govern or be used as authority for determining whether the amendment of any other provision of this act not contained in this chapter would constitute a substantial change in the scheme and design of this act requiring voter approval.