Chapter 8Statewide Water System Operational Improvement and Drought Preparedness
Section § 79750
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.
Section § 79751
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.
Section § 79752
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.
Section § 79753
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.
Section § 79754
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.
Section § 79755
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.
Section § 79756
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.
Section § 79757
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.
Section § 79758
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.
Section § 79759
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.
Section § 79760
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.