It is declared to be the responsibility of the State of California to assist local governments in providing certain essential services and facilities where water resource construction projects financed, in whole or in part, by the State or by the State jointly with the federal government create an undue burden on a local area’s ability to provide these services and facilities. State responsibility for providing financial assistance under such circumstances includes the following: police and fire protection, public health and hospitals, sanitation, emergency and indigent relief, and such other activities for which there is a demonstrated urgent need and which are approved by the State Department of Finance and the State Department of Water Resources.
Part 7PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES
Section § 12950
This law states that the State of California must help local governments with essential services if water projects funded by the State or jointly with the federal government make it hard for the local area to provide these services. These essential services include police and fire protection, public health, hospitals, sanitation, emergency relief, and help for those in need. The State Department of Finance and the State Department of Water Resources must approve these needs.
water resource projects financial assistance local governments essential services police protection fire protection public health hospitals sanitation emergency relief indigent relief State Department of Finance State Department of Water Resources joint funding undue burden
Section § 12951
This law states that the money the state spends or lends to local governments for assistance is considered part of the project's total cost, related to the area impacted by the project.
State expenditures and loans for aid to local governments provided in accordance with the provisions of this part are a part of the project cost of the project giving rise to the creation of the impact area.
state expenditures loans to local governments aid for local governments project cost impact area financial assistance state funding local government projects project impact cost allocation public project funding financial aid government loans project-related costs community impact funding
Section § 12952
The Governor of California can label an area as an 'impact area' within 20 miles of a major state water construction project if asked by local leaders, and the project will cause a significant influx of people. For this designation, the project must take over a year, bring serious local fiscal issues, and need more than 500 workers at peak times. Additionally, the local population must increase by at least 20% due to the project. If this population increase drops below 20%, the designation ends the following June 30th. The Department of Finance provides population data.
The Governor may designate, from time to time, and may revoke previous designations of, the area within a 20-mile airline radius of the site of principal construction of any water construction project undertaken by the State as an impact area when:
(a)CA Water Code § 12952(a) He is requested to do so by the county board of supervisors or the city council of any county or city within the impact area; and
(b)CA Water Code § 12952(b) He finds that:
(1)CA Water Code § 12952(b)(1) Such construction will cause a sudden influx of people into the impact area.
(2)CA Water Code § 12952(b)(2) The construction will require more than 12 months to complete.
(3)CA Water Code § 12952(b)(3) The construction will result in serious fiscal problems to the affected local governments.
(4)CA Water Code § 12952(b)(4) Peak construction employment on the project within the impact area is estimated by the Department of Water Resources to total more than 500 employees.
(5)CA Water Code § 12952(b)(5) The increase in population in the impact area, found by multiplying such peak construction employment as estimated by the Department of Water Resources by 4.5, equals at least 20 percent of the estimated population in the area on July 1st of the year prior to the date that construction was started. At any time that the increase in population falls below 20 percent of the estimated population of the area, the designation shall terminate as of the following June 30th. All population data are to be determined by the Department of Finance.
impact area water construction project Governor designation local government impact population influx county board of supervisors city council request Department of Water Resources Department of Finance population data serious fiscal problems peak construction employment 200-mile radius population increase requirement project duration local fiscal issues
Section § 12953
This law requires the Department of Water Resources to identify the main construction site for each state water construction project and record the start date of the construction.
For the purposes of this part the Department of Water Resources shall designate the site of principal construction of every water construction project undertaken by the State, and the date construction was started.
Department of Water Resources water construction project site designation principal construction site construction project start date state water projects construction site identification California water projects project commencement water infrastructure project timeline construction management state construction oversight infrastructure development water resource management
Section § 12954
In this law, the term “peak employment” refers to the highest number of workers hired in a year for a major construction project related to the Department of Water Resources. This includes employees at the main construction site and any connected locations within the affected area.
As used in this part, “peak employment” means the largest number of persons employed in any one year at a site of principal construction and at such other sites as may be related directly thereto within the impact area by the Department of Water Resources, contractors and subcontractors in connection with the construction project.
peak employment construction project workforce Department of Water Resources contractors and subcontractors largest number of persons employed site of principal construction impact area employment statistics construction impact workers hiring peak site employment size construction workforce size
Section § 12955
This law lets cities, counties, or districts ask for an area to be called an impact area after a water resources project gets legislative approval. To get financial help for these projects, they need to request it at least six months before the fiscal year when they need the funds, unless it's for help during the first year of construction or right after state aid is granted.
Requests by any city, county, or district to have an area designated an impact area may be made at any time after the authorization of a water resources project by the Legislature. Except with respect to assistance during the first year of construction or during the first year after enactment of a law providing state aid, requests for financial assistance under provisions of this part shall be made at least six months prior to the beginning of the fiscal year for which the assistance is requested.
impact area designation water resources project financial assistance request city and county requests district requests state aid fiscal year timing construction year assistance legislative approval water project funding first year of construction state financial aid municipal requests district project funding
Section § 12956
This law section specifies that when the Governor designates an area as an 'impact area' due to construction, the state will cover certain costs. First, it will pay for increased operational expenses needed to maintain existing levels of public services like police, fire protection, health care, and sanitation due to population rises. The Department of Water Resources and Department of Finance will assess and approve these costs. If services are enhanced, the state's Department of Finance must approve this as well.
Secondly, the state will cover 75% of the increased costs that counties incur for emergency and indigent relief, based on pre-construction standards. The Department of Finance will also cover additional necessary expenses due to increases in services, like personnel and office costs.
When an impact area has been designated by the Governor the State will pay:
(a)CA Water Code § 12956(a) The increased operating expenses necessitated by population increase within the impact area for maintenance of police and fire protection, public hospitals, public health and sanitation and such other activities as may be approved by the Department of Finance and the Department of Water Resources at the same level of service as prevailed within or for the impact area prior to the start of the construction. A subsequent increase in the level of a specific service may be approved by the State Department of Finance. Level of service shall be measured by the ratio of personnel or facilities serving the impact area to the total population within the same area. The portion of the construction-generated population expected to reside within the impact area shall be estimated by the Department of Water Resources for each fiscal year in which the State provides financial assistance under this part to any governmental agency.
(b)CA Water Code § 12956(b) Seventy-five percent of the increased cost to the county of emergency and indigent relief provided by the county under the provisions of Chapter 2 (commencing at Section 2500) of Division 4 of the Welfare and Institutions Code at standards that existed prior to the start of construction. An increase in such standards may be approved by the State Department of Finance. The State will also pay all necessary increased costs resulting from personnel, office, and automobile expenses created by an increase in the emergency and indigent caseload, as determined by the Department of Finance.
impact area designation Governor increased operating expenses population increase police and fire protection public health and sanitation Department of Finance Department of Water Resources financial assistance emergency relief fund indigent relief welfare costs personnel expenses construction impact public services maintenance
Section § 12957
This section allows cities, counties, or districts to apply for state funds to pay for important services like police, fire protection, health services, water, and sewer systems needed for a growing population. These funds can come as either a loan or direct state spending.
Loans must be repaid within 30 years with slightly higher interest than what the state pays. If the state pays directly, it will only cover temporary facilities that will be removed once a water project is finished.
Funds for capital outlay expenditures for police and fire protection, essential health services, and water and sewerage systems required to serve the expanded population in the impact area may be provided to any city, county, or district rendering, in whole or in part, any of the services described in Section 12950, upon their application under either or both of the following options to be exercised by the local governing bodies:
(a)CA Water Code § 12957(a) A loan by the State to the local agency for all or any part of such expenditures; such loans to be entirely repaid within 30 years at a rate of interest one-quarter of 1 percent higher than the interest cost to the State for long-term loans at the time of the loan.
(b)CA Water Code § 12957(b) Direct state expenditures to meet all or any part of such needs. Direct state expenditures shall be for temporary facilities which shall be dismantled upon completion of the water project construction.
capital outlay expenditures police protection funding fire protection funds essential health services water system funding sewerage system financing state loans local government funding repayment terms state interest rates temporary facilities water project completion population impact area direct state expenditures loan application by local agencies
Section § 12958
When the Governor identifies an area that has been impacted, the State Department of Finance must suggest how funds should be allocated and divided among local governments in that area. To do this, the Department must be allowed access to relevant records and documents from the local governments involved.
Upon the designation of an impact area by the Governor, the State Department of Finance shall recommend the appropriation of funds and the division of state assistance among the local governments in the impact area. For this purpose the State Department of Finance shall be given access to such records and documents as may be necessary to accomplish this objective by the affected local governments.
impact area Governor designation State Department of Finance fund appropriation local government support state assistance division access to records financial recommendations local government documents emergency response funding
Section § 12959
This California law sets a cap on the amount of state money that can be spent on certain projects, except for those run by the Department of Water Resources. The state's contribution cannot exceed its proportional share of the project's total cost.
Notwithstanding any other provision of this part, except as to projects constructed by the Department of Water Resources, the maximum amount of money paid under this part shall not exceed that proportion of the total cost of the needed assistance as the amount of the State’s financial participation in a project bears to the total cost of the project.
state funding limit financial participation project cost sharing Department of Water Resources exemption state contribution cap water project funding proportional cost contribution funding limitation state money expenditure state financial share project cost proportion financial assistance cap maximum state funding
Section § 12960
Local agencies can apply for state financial help through the Department of Water Resources. Once these claims are certified, they go to the State Controller for payment. Before or after the money is given out, the State Controller checks to make sure the funds are spent properly and for the right purposes as intended by this law.
When certified by the Department of Water Resources, claims of local agencies for state financial assistance shall be presented to the State Controller for payment out of funds made available therefor. The State Controller shall make such audit as he deems necessary, before or after disbursement, for the purpose of determining that any money received by any city, county, or district as state financial assistance hereunder has been expended for the purposes and under the conditions authorized under this division.
state financial assistance Department of Water Resources State Controller local agencies financial claims certification audit process fund disbursement expenditure conditions city funding county funding district funding authorized purposes funding compliance financial oversight
Section § 12961
This law can be officially referred to as the Byrne Act.
This part shall be known, and may be cited, as the Byrne Act.
Byrne Act citing statute official citation name of law legal reference statutory title statute naming naming conventions law designation official title legal citation naming protocol
