Chapter 6.1Water Conservation and Water Quality Bond Law of 1986
Section § 13450
This section refers to a specific law titled the Water Conservation and Water Quality Bond Law of 1986. It establishes the name by which this law can be cited or referred to in legal contexts.
Section § 13451
This law emphasizes how essential clean water is for public health, the environment, and California's economy. It highlights the need to protect water resources from pollution and recharge groundwater. Local agencies usually handle water treatment and conservation, but rising costs make it difficult for them to afford these projects alone. The state aims to support local efforts by funding facilities for treating and storing agricultural drainage water, as well as water conservation and groundwater recharge programs. These programs should be cost-effective and collaboratively managed by local agencies and the department.
Section § 13452
This section defines specific terms used in relation to water resources management under the State General Obligation Bond Law. The 'Board' is the State Water Resources Control Board, and the 'Committee' refers to a specific finance committee for water conservation and quality. The 'Department' highlights the Department of Water Resources. Key aspects covered include 'Drainage water management units,' which are lands or facilities to manage agricultural drainage water to prevent pollution. These can consist of impoundments, conveyance facilities, treatment facilities, and injection wells.
'Groundwater recharge facilities' are areas and methods for artificially recharging groundwater such as percolation and well injection. 'In-lieu recharge' involves using surface water to spare groundwater. 'Local agency' includes any political subdivision dealing with water management. 'Projects' cover groundwater recharge, voluntary water conservation programs, and drainage management. These conservation programs improve water use efficiency with benefits outweighing costs.
Section § 13453
This law creates a special fund called the 1986 Water Conservation and Water Quality Bond Fund in the State Treasury. It includes a Water Conservation and Groundwater Recharge Account for certain projects and an Agricultural Drainage Water Account for others. These accounts are meant to support specific water conservation and quality efforts.
Section § 13454
This law establishes the Water Conservation and Water Quality Finance Committee, which is made up of several key state officials, including the Governor or their representative, the Controller, the Treasurer, the Director of Finance, the Director of the Department of Water Resources, and the Executive Director of the State Water Resources Control Board. This committee is recognized as the 'committee' within the context of the State General Obligation Bond Law.
Section § 13455
This regulation allows a committee in California to create up to $150 million in state debt to fund certain projects specified in this and related sections. The department can make rules and form contracts essential for implementing these projects and manage related expenses. Both the department and the board can spend up to 2.5% of the bond funds for administering their respective sections, Section 13458 and Section 13459. They are also allowed to reimburse a specific state financial fund if needed.
Section § 13456
This section states that when California sells and delivers bonds, these bonds become valid obligations of the state, meaning California promises to repay them fully. The state commits its financial resources to ensure the payments of both the principal amount and the interest on these bonds are made on time.
To meet these obligations, California will collect extra money each year as it collects other state revenue, ensuring there's enough to cover bond payments. State officials responsible for revenue collection must do everything necessary to gather this additional money.
Any money earned from bond premiums and accrued interest can be moved to the General Fund to help cover bond interest expenses.
Section § 13457
This law adopts the State General Obligation Bond Law for managing the creation, sale, and repayment of bonds approved by this chapter. Although the State General Obligation Bond Law is part of this chapter, the Treasurer, with committee approval, can set the interest rates for the bonds. These bonds can't have a maturity period longer than 50 years from when they are issued. Each series of bonds will have its maturity date calculated from when that particular series starts.
Section § 13458
This law allocates $75 million for loans to local agencies in California for water conservation and groundwater recharge projects during the 1986-87 fiscal year. These loans help fund the building of voluntary, cost-effective water-saving programs and facilities. Agencies can borrow up to $5 million per project, repayable over 20 years at reduced interest rates.
Loans for water projects must show cost benefits and the agency's promise to quickly and properly complete and maintain the project. Groundwater projects also need proof of loan repayment capability and economic and engineering feasibility. The department prioritizes loans based on cost-effectiveness and need.
Additionally, up to $100,000 is available per project for feasibility studies, which do not reduce the maximum loan amount for project construction.
Section § 13459
This law provides $75 million for loans to agencies to build facilities for managing agricultural drainage water, which includes treatment, storage, or disposal. Agencies can borrow up to the full cost of a project, but no single project can receive more than $20 million. The loans, available in fiscal year 1986-87, require agencies to ensure public participation and are repayable over up to 20 years at half the state's latest bond interest rate.
The board has the authority to set the terms and must prefer technologically feasible and economical solutions. Agencies are encouraged to seek federal aid and must maintain the projects properly. They can also apply for smaller loans up to $100,000 for project feasibility studies, without affecting the maximum borrowing for main projects.
Section § 13459.5
This law states that any leftover money in the Agricultural Drainage Water Account from before November 6, 1996, plus any new money from bond sales after that date, should be transferred to a specific subaccount. This subaccount is part of a larger fund focused on clean water and recycling, and the money will be used for specified purposes. The term 'unallocated money' refers to money that hasn't been committed yet, which should be at least $6,177,000.
Section § 13460
This law explains that any money deposited into a specific fund, which is collected because of laws requiring repayment to the state for assistance funded by bonds, can be moved to the General Fund. This is done to pay back the principal and interest of those bonds.
Section § 13461
This section explains that money is set aside from the General Fund to cover two main expenses. First, it ensures there is enough money every year to pay off both the main amount (known as principal) and the interest on bonds that are issued according to this chapter. Second, it provides the funds needed to implement Section 13462, without any limitations based on the fiscal year.
Section § 13462
This law allows the Director of Finance to temporarily take money from California's General Fund to support specific projects under this chapter, but only up to the amount of approved but unsold bonds.
The withdrawn funds are used for project expenses and must be put back into the General Fund once the bonds are sold. The returned funds should also include any interest they would have earned if they hadn’t been withdrawn.
Section § 13462.5
This section allows the Treasurer to manage and use funds from bonds in specific ways if the bonds are deemed tax-exempt under federal law. This includes keeping separate accounts for the invested bond money and using it to comply with federal laws to maintain the bonds' tax-exempt status. This ensures no federal tax is paid on the interest from these bonds if certain conditions are met.
Section § 13463
If asked by the department or the board, the committee will decide if it's necessary or a good idea to issue bonds that are allowed under this chapter.
Section § 13464
Section § 13465
This law allows a committee to set additional rules for loan agreements, specifically to permit delays on paying all or part of the loan's principal amount, even if other sections of the law say otherwise.
Section § 13466
This law states that starting from the 1987-88 fiscal year, the department can only issue a loan if the Legislature gives specific approval through a law enacted after receiving a required report as outlined in Section 13467.
Section § 13467
This law reallocates $13.5 million from currently unissued bonds to be used for projects as detailed in Division 26.7, starting with Section 79700. This means these funds are reassigned to support specific initiatives outlined in that part of the legal code.
Section § 13468
This law section clarifies how to calculate the interest rate for loan agreements under the Clean Water Bond Law of 1984. Specifically, it states that the interest rate should be determined using the true interest cost method based on the most recent bonds issued under this law and refers to the previous year's general obligation bond interest rates.
Section § 13469
This section explains that if any part of the chapter is found to be invalid or cannot be applied to a person or situation, that does not impact the rest of the chapter. The remaining parts of the chapter will continue to be effective and enforceable. This is known as the concept of 'severability,' meaning parts of a legal document can be separated and continue to function independently.