Chapter 6.5State Water Pollution Control Revolving Fund

Section § 13475

Explanation

This section explains that California is creating a program, in partnership with the federal government, to manage and operate a fund for water pollution control projects. This fund will work in line with the federal Clean Water Act, meaning it will receive federal funding and follow federal rules. The goal is to help the state participate fully in reducing water pollution by having a system to finance necessary projects. The law intends to achieve these goals by interpreting its terms broadly.

(a)CA Water Code § 13475(a) The Legislature hereby finds and declares that since the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) provides for establishment of a perpetual water pollution control revolving loan fund, which will be partially capitalized by federal contributions, it is in the interest of people of the state, in order to ensure full participation by the state under the federal Clean Water Act, to enact this chapter to authorize the state to establish and implement a state/federal water pollution control revolving fund in accordance with federal provisions, requirements, and limitations.
(b)CA Water Code § 13475(b) The primary purpose of this chapter is to enact a statute consistent with the provisions and requirements of the federal Clean Water Act, as those provisions, requirements, and limitations relate to establishment, management, and operation of a state/federal water pollution control revolving fund. It is the intent of the Legislature that the terms of this chapter shall be liberally construed to achieve this purpose.
water pollution control revolving loan fund Clean Water Act federal contributions environmental protection state/federal partnership fund management project financing pollution reduction state participation federal funding compliance environmental sustainability
(Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)

Section § 13476

Explanation

This section outlines definitions important for understanding terms in this chapter related to water pollution management in California. It clarifies what is meant by terms like 'administration fund', 'board', and 'federal act', which refer to specific funding and regulatory bodies. 'Financial assistance' is broadly defined to include various forms of funding but generally excludes grants unless specified by federal grants. The 'fund' and 'grant fund' relate to particular state funds for managing water pollution control projects. It also specifies what 'matching funds' are and clarifies terms like 'municipality', 'publicly owned', and 'severely disadvantaged community' to ensure clarity in policy application.

Unless the context otherwise requires, the following definitions govern the construction of this chapter:
(a)CA Water Code § 13476(a) “Administration fund” means the State Water Pollution Control Revolving Fund Administration Fund.
(b)CA Water Code § 13476(b) “Board” means the State Water Resources Control Board.
(c)CA Water Code § 13476(c) “Federal Clean Water Act” or “federal act” means the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) and acts amendatory thereof or supplemental thereto.
(d)Copy CA Water Code § 13476(d)
(1)Copy CA Water Code § 13476(d)(1) “Financial assistance” means assistance authorized under Section 13480. Financial assistance includes loans, refinancing, installment sales agreements, purchase of debt, and loan guarantees for municipal revolving funds, but excludes grants.
(2)CA Water Code § 13476(d)(2) Notwithstanding paragraph (1), financial assistance may include grants or other assistance directed by a federal grant deposited in the fund to the extent authorized.
(e)CA Water Code § 13476(e) “Fund” means the State Water Pollution Control Revolving Fund.
(f)CA Water Code § 13476(f) “Grant fund” means the State Water Pollution Control Revolving Fund Small Community Grant Fund.
(g)CA Water Code § 13476(g) “Matching funds” means money that equals that percentage of federal contributions required by the federal act to be matched with state funds.
(h)CA Water Code § 13476(h) “Municipality” has the same meaning and construction as in the federal act and also includes all state, interstate, and intermunicipal agencies.
(i)CA Water Code § 13476(i) “Publicly owned” means owned by a municipality.
(j)CA Water Code § 13476(j) “Severely disadvantaged community” means a community with a median household income of less than 60 percent of the statewide median household income.
State Water Pollution Control Revolving Fund Clean Water Act financial assistance loans municipal revolving funds matching funds municipality publicly owned severely disadvantaged community State Water Resources Control Board small community grant fund grants federal contributions median household income
(Amended by Stats. 2022, Ch. 60, Sec. 43. (AB 203) Effective June 30, 2022.)

Section § 13477

Explanation

The State Water Pollution Control Revolving Fund is set up in California's state treasury. It is automatically funded to support projects that align with its goals and doesn't depend on specific budget years. The state's board manages this fund. To meet the requirements of a specific federal law, two specific accounts are created within the fund. The board can also change these accounts or create new ones if needed to manage the fund properly.

The State Water Pollution Control Revolving Fund is hereby created in the State Treasury, and, notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure in accordance with this chapter. The board is the state agency responsible for administering the fund. In order to facilitate compliance with the federal Tax Reform Act of 1986 (Public Law 99-514), there is hereby established in the fund a Federal Revolving Loan Fund Account and a State Revolving Loan Fund Account. From time-to-time thereafter, the board may modify existing accounts in the fund and may establish other accounts in the fund, and in all other funds administered by the board, which the board deems appropriate or necessary for proper administration.
State Water Pollution Control Revolving Fund State Treasury continuous appropriation fiscal years board management federal Tax Reform Act of 1986 Federal Revolving Loan Fund Account State Revolving Loan Fund Account fund administration account modification fund establishment proper administration California water board environmental funding fund compliance
(Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)

Section § 13477.5

Explanation

This law establishes the State Water Pollution Control Revolving Fund Administration Fund in California's State Treasury. The fund will receive money from several sources: funds for administrative costs, fees collected for financial assistance services, and any interest earned on the money in the fund.

The board can charge an annual fee, up to 1% of the financial assistance balance, for financial assistance services related to water pollution control projects. This fee will not increase the repayment amount and once set, it remains fixed for the duration of the financial assistance.

The money in the fund can be used to cover the costs of fund administration as approved by the legislature. The board must adjust the financial service fee annually to match the revenue set in the state's budget.

(a)CA Water Code § 13477.5(a) The State Water Pollution Control Revolving Fund Administration Fund is hereby created in the State Treasury.
(b)CA Water Code § 13477.5(b) The following moneys shall be deposited in the administration fund:
(1)CA Water Code § 13477.5(b)(1) Moneys transferred to the administration fund to pay the costs incurred by the board in connection with the administration of this chapter.
(2)CA Water Code § 13477.5(b)(2) The amounts collected for financial assistance services pursuant to subdivision (c).
(3)CA Water Code § 13477.5(b)(3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the administration fund.
(c)Copy CA Water Code § 13477.5(c)
(1)Copy CA Water Code § 13477.5(c)(1) For any financial assistance made pursuant to Section 13480, the board may assess an annual charge for financial assistance services with regard to the financial assistance, not to exceed 1 percent of the financial assistance balance computed according to the true interest cost method.
(2)CA Water Code § 13477.5(c)(2) Any amounts collected under this subdivision shall be deposited in the administration fund.
(3)CA Water Code § 13477.5(c)(3) The financial assistance service rate authorized by this subdivision may be applied at any time during the term of the financial assistance, and once applied, shall remain unchanged for the duration of the financial assistance and shall not increase the financial assistance repayment amount as set forth in the terms and conditions imposed pursuant to this chapter.
(d)CA Water Code § 13477.5(d) Moneys in the administration fund, upon appropriation by the Legislature to the board, may be expended for payment of the reasonable costs of administering the fund.
(e)CA Water Code § 13477.5(e) The board shall set the total amount of revenue collected each year through the charges authorized by subdivision (c) at an amount that is as equal as practicable to the revenue levels set forth in the annual Budget Act for this activity. At least once each fiscal year, the board shall adjust the financial assistance service rate imposed pursuant to subdivision (c) to conform with the revenue levels set forth in the annual Budget Act.
Water Pollution Control Revolving Fund Administration Fund State Treasury Financial Assistance Fee Interest Earned Fund Administration Costs Annual Fee Financial Assistance Balance Budget Act State Water Board Treasury Deposits Legislature Appropriation
(Amended by Stats. 2008, Ch. 609, Sec. 4. Effective January 1, 2009.)

Section § 13477.6

Explanation

This law establishes the State Water Pollution Control Revolving Fund Small Community Grant Fund to help small communities finance wastewater projects. Money for this grant fund comes from several sources, including transfers, interest earnings, and other designated funds. The board may impose a charge instead of interest on financing related to water quality projects, but it's conditional on federal compliance and necessity. Grants from the fund support water projects for small, often disadvantaged communities, with the legislature having four years to allocate these funds. Priority is given to communities facing severe disadvantage, and funds can also be used for technical assistance.

(a)CA Water Code § 13477.6(a) The State Water Pollution Control Revolving Fund Small Community Grant Fund is hereby created in the State Treasury.
(b)CA Water Code § 13477.6(b) The following moneys shall be deposited in the grant fund:
(1)CA Water Code § 13477.6(b)(1) Moneys transferred to the grant fund pursuant to subdivision (c).
(2)CA Water Code § 13477.6(b)(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the grant fund.
(3)CA Water Code § 13477.6(b)(3) Any moneys deposited pursuant to Section 79723.
(c)Copy CA Water Code § 13477.6(c)
(1)Copy CA Water Code § 13477.6(c)(1) For any financing made pursuant to Section 13480, the board may assess an annual charge to be deposited in the grant fund in lieu of interest that would otherwise be charged.
(2)CA Water Code § 13477.6(c)(2) The charge authorized by this subdivision may be applied at any time during the term of the financing, and, once applied, shall remain unchanged unless the board determines that the application of the charge is any of the following:
(A)CA Water Code § 13477.6(c)(2)(A) No longer consistent with federal requirements regarding the fund.
(B)CA Water Code § 13477.6(c)(2)(B) No longer necessary.
(C)CA Water Code § 13477.6(c)(2)(C) Negatively affecting the board’s ability to fund projects that support its water quality goals.
(3)CA Water Code § 13477.6(c)(3) The charge shall not increase the financing repayment amount as set forth in the terms and conditions imposed pursuant to this chapter.
(4)CA Water Code § 13477.6(c)(4) If the board ceases collecting the charge before the financing repayment is complete, the board shall replace the charge with an identical interest rate.
(d)Copy CA Water Code § 13477.6(d)
(1)Copy CA Water Code § 13477.6(d)(1) Moneys in the grant fund, upon appropriation by the Legislature to the board, may be expended, in accordance with this chapter, for grants for wastewater projects described in subdivision (c) of Section 1383 of Title 33 of the United States Code that serve small communities as defined in subdivision (a) of Section 30925 of the Public Resources Code. The board shall expend moneys appropriated from the grant fund within four years from the date of encumbrance.
(2)CA Water Code § 13477.6(d)(2) For the purpose of approving grants, the board shall give priority to projects that serve severely disadvantaged communities.
(3)CA Water Code § 13477.6(d)(3) In addition to the uses set forth in paragraph (1), moneys deposited in the grant fund pursuant to Section 79723, upon appropriation by the Legislature to the board, may be expended for technical assistance as authorized by Section 79725.
Small Community Grant Fund water pollution control wastewater projects severely disadvantaged communities grant fund interest annual charge technical assistance water quality goals funding allocation federal compliance Section 79723 State Treasury financial assistance priority projects Board of Water Resources
(Amended by Stats. 2015, Ch. 673, Sec. 36. (AB 1531) Effective January 1, 2016.)

Section § 13478

Explanation

This section explains what actions the board can take regarding managing a fund for water-related projects. They can partner and accept funds from the federal government and municipalities and ensure these funds comply with federal laws. Municipalities offering matching funds must prove those funds exist. The board handles fund money appropriately, making sure projects meet federal requirements.

The board can audit, manage finances, and report on the fund's use. They may charge municipalities a fee for acquiring federal funds unless alternative funds cover this cost. Returned or matching funds can be used for administrative needs. They can manage grants and revenue bonds related to safe drinking water projects. This became effective July 1, 2014.

(a)CA Water Code § 13478(a) The board may undertake any of the following:
(1)CA Water Code § 13478(a)(1) Enter into agreements with the federal government for federal contributions to the fund.
(2)CA Water Code § 13478(a)(2) Accept federal contributions to the fund.
(3)CA Water Code § 13478(a)(3) Enter into an agreement with, and accept matching funds from, a municipality. A municipality that seeks to enter into an agreement with the board and provide matching funds pursuant to this subdivision shall provide to the board evidence of the availability of those funds in the form of a written resolution adopted by the governing body of the municipality before it requests a preliminary financial assistance commitment.
(4)CA Water Code § 13478(a)(4) Use moneys in the fund for the purposes permitted by the federal act.
(5)CA Water Code § 13478(a)(5) Provide for the deposit of matching funds and any other available and necessary moneys into the fund.
(6)CA Water Code § 13478(a)(6) Make requests on behalf of the state for deposit into the fund of available federal moneys under the federal act and determine on behalf of the state appropriate maintenance of progress toward compliance with the enforceable deadlines, goals, and requirements of the federal act.
(7)CA Water Code § 13478(a)(7) Determine on behalf of the state that publicly owned treatment works that receive financial assistance from the fund will meet the requirements of, and otherwise be treated as required by, the federal act.
(8)CA Water Code § 13478(a)(8) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund.
(9)CA Water Code § 13478(a)(9) Take additional incidental action as appropriate for the adequate administration and operation of the fund.
(10)CA Water Code § 13478(a)(10) Charge municipalities that elect to provide matching funds a fee to cover the actual cost of obtaining the federal funds pursuant to Section 603(d)(7) of the federal act (33 U.S.C. Sec. 1383(d)(7)) and processing the financial assistance application. The fee shall be waived by the board if sufficient funds to cover those costs are available from other sources.
(11)CA Water Code § 13478(a)(11) Use money returned to the fund under clause (ii) of subparagraph (D) of paragraph (1) of subdivision (b) of Section 13480, and any other source of matching funds, if not prohibited by statute, as matching funds for the federal administrative allowance under Section 603(d)(7) of the federal act (33 U.S.C. Sec. 1383(d)(7)).
(12)CA Water Code § 13478(a)(12) Expend money repaid by financial assistance recipients for financial assistance service under clauses (i) and (ii) of subparagraph (D) of paragraph (1) of subdivision (b) of Section 13480 to pay administrative costs incurred by the board under this chapter.
(13)CA Water Code § 13478(a)(13) Engage in the transfer of capitalization grant funds, as authorized by Section 35.3530(c) of Title 40 of the Code of Federal Regulations and reauthorized by Public Law 109-54, to the extent set forth in an Intended Use Plan, that shall be subject to approval by the board.
(14)CA Water Code § 13478(a)(14) Cross-collateralize revenue bonds with the Safe Drinking Water State Revolving Fund created pursuant to Section 116760.30 of the Health and Safety Code, as authorized by Section 35.3530(d) of Title 40 of the Code of Federal Regulations.
(b)CA Water Code § 13478(b) This section shall become operative on July 1, 2014.
fund management federal contributions municipality agreements matching funds financial assistance compliance with federal act audit services administration of fund federal fund acquisition fee capitalization grant transfers cross-collateralize revenue bonds Safe Drinking Water State Revolving Fund water-related projects municipality evidence of funds financial reporting
(Repealed (in Sec. 187) and added by Stats. 2014, Ch. 35, Sec. 188. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)

Section § 13479

Explanation

This law allows a board to make an agreement with the federal government for financial contributions to a fund if two conditions are met. First, the state must have identified any required funds to match the federal contribution. Second, the board must be ready to spend at least a minimum amount as required by federal law.

Any agreement must include terms that ensure that the money in the fund is spent quickly and used to help meet federal laws and deadlines. The goal is to keep moving toward compliance with federal requirements, including those specific to municipal areas.

(a)CA Water Code § 13479(a) The board may enter into an agreement with the federal government for federal contributions to the fund only if both of the following conditions have been met:
(1)CA Water Code § 13479(a)(1) The state has identified any required matching funds.
(2)CA Water Code § 13479(a)(2) The board is prepared to commit to the expenditure of any minimum amount in the fund in the manner required by the federal act.
(b)CA Water Code § 13479(b) Any agreement between the board and the federal government shall contain those provisions, terms, and conditions required by the federal act, and any implementing federal rules, regulations, guidelines, and policies, including, but not limited to, agreement to the following:
(1)CA Water Code § 13479(b)(1) Moneys in the fund shall be expended in an expeditious and timely manner.
(2)CA Water Code § 13479(b)(2) All moneys in the fund as a result of federal capitalization grants shall be used to assure maintenance of progress toward compliance with the enforceable deadlines, goals, and requirements of the federal act, including any applicable municipal compliance deadlines.
federal contributions matching funds fund expenditure federal act compliance municipal compliance deadlines federal capitalization grants state board funding agreement federal government expeditious spending maintaining progress enforceable deadlines regulations policy guidelines fund management
(Amended by Stats. 1995, Ch. 370, Sec. 3. Effective August 4, 1995.)

Section § 13480

Explanation

This law explains how funds can be used following federal rules when these funds come from the federal government. First, it allows making loans with certain conditions like reasonable interest rates, timely repayments starting one year after project completion, and requiring a reliable income stream for repayment. Some loans can have a 0% interest rate if the borrower meets specific criteria, like being a municipality with matching funds.

The funds can also be used to refinance municipal debts, improve credit or reduce interest rates by buying insurance, support state-issued bonds, offer loan guarantees, and earn interest. There's also a provision for covering administrative costs of running the fund, within certain limits, and possibly help with part of the cost for grant-funded projects. Lastly, other forms of financial assistance, like grants or forgiving part of the loan, are possible if allowed by a federal grant.

(a)CA Water Code § 13480(a) Moneys in the fund shall be used only for the permissible purposes allowed by the federal act or a federal grant deposited in the fund, to the extent authorized and funded by that grant.
(b)CA Water Code § 13480(b) Consistent with expenditure for authorized purposes, moneys in the fund may be used for the following purposes:
(1)CA Water Code § 13480(b)(1) Loans that meet all of the following requirements:
(A)CA Water Code § 13480(b)(1)(A) Are made at or below market interest rates.
(B)CA Water Code § 13480(b)(1)(B) Require annual payments of principal and any interest, with repayment commencing not later than one year after completion of the project for which the loan is made and full amortization not later than 30 years after project completion unless otherwise authorized by a federal grant deposited in the fund to the extent authorized.
(C)CA Water Code § 13480(b)(1)(C) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan.
(D)Copy CA Water Code § 13480(b)(1)(D)
(i)Copy CA Water Code § 13480(b)(1)(D)(i) Contain other terms and conditions required by the board or the federal act or applicable rules, regulations, guidelines, and policies. To the extent permitted by federal law, the combined interest and loan service rate shall be set at a rate that does not exceed 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds and the combined interest and loan service rate shall be computed according to the true interest cost method. If the combined interest and loan service rate so determined is not a multiple of one-tenth of 1 percent, the combined interest and loan service rate shall be set at the multiple of one-tenth of 1 percent next above the combined interest and loan service rate so determined. A loan from the fund used to finance costs of facilities planning, or the preparation of plans, specifications, or estimates for construction of publicly owned treatment works shall comply with Section 603(e) of the federal act (33 U.S.C. Sec. 1383(e)).
(ii)CA Water Code § 13480(b)(1)(D)(i)(ii) Notwithstanding clause (i), if the loan applicant is a municipality, an applicant for a loan for the implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329), or an applicant for a loan for nonpoint source or estuary enhancement pursuant to Section 320 of the federal act (33 U.S.C. Sec. 1330), and the applicant provides matching funds, the combined interest and loan service rate on the loan shall be 0 percent. A loan recipient that returns to the fund an amount of money equal to 20 percent of the remaining unpaid federal balance of an existing loan shall have the remaining unpaid loan balance refinanced at a combined interest and loan service rate of 0 percent over the time remaining in the original loan contract.
(2)CA Water Code § 13480(b)(2) To buy or refinance the debt obligations of municipalities within the state at or below market rates if those debt obligations were incurred after March 7, 1985.
(3)CA Water Code § 13480(b)(3) To guarantee, or purchase insurance for, local obligations where that action would improve credit market access or reduce interest rates.
(4)CA Water Code § 13480(b)(4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund.
(5)CA Water Code § 13480(b)(5) To establish loan guarantees for similar revolving funds established by municipalities.
(6)CA Water Code § 13480(b)(6) To earn interest.
(7)CA Water Code § 13480(b)(7) For payment of the reasonable costs of administering the fund and conducting activities under Subchapter VI (commencing with Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.). Those costs shall not exceed 4 percent of all federal contributions to the fund, four hundred thousand dollars ($400,000) per year, or one-fifth of 1 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the state for this purpose regardless of the source.
(8)CA Water Code § 13480(b)(8) For financial assistance toward the nonfederal share of the costs of grant-funded treatment works projects, to the extent permitted by the federal act.
(9)CA Water Code § 13480(b)(9) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on the above types of, assistance authorized by a federal grant deposited in the fund.
federal fund usage loans with market interest rates loan repayment terms municipality loans 0% interest loans debt refinancing credit market access revenue bonds loan guarantees administrative costs cap grant-funded project assistance principal forgiveness negative interest rates federal grant conditions nonpoint source enhancement
(Amended by Stats. 2022, Ch. 60, Sec. 44. (AB 203) Effective June 30, 2022.)

Section § 13481

Explanation

This law states that a specific fund is designated to provide financial support only for projects that align with certain federal plans and are included on an approved state priority list.

Specifically, the projects must meet criteria set by various sections of the federal act related to water pollution control and be approved for funding by the state.

The fund shall be used to provide financial assistance only for projects which are (a) consistent with plans, if any, developed under Sections 205(j), 208, 303(e), 319, and 320 of the federal act, and (b) on the approved state priority list adopted under Section 216 of the federal act.
financial assistance for projects state priority list federal plans compliance water pollution control project funding eligibility Section 205(j) Section 208 Section 303(e) Section 319 Section 320 federal act compliance state-approved projects
(Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)

Section § 13481.5

Explanation

This law section states that when managing the funding, the board should prioritize certain types of projects. These include projects tackling public health issues or pollution in water bodies, those necessary for meeting legal regulations, water recycling efforts, initiatives to prevent water quality decline, and projects prompted by enforcement orders.

The board, for the purposes of administering the fund, shall give favorable consideration to the following types of eligible projects: projects that address public health problems or the pollution of impaired water bodies, projects necessary to comply with regulatory requirements, water recycling projects, projects undertaken to prevent or minimize water quality degradation, and projects undertaken in response to an administrative enforcement order.
public health problems pollution of impaired water bodies regulatory compliance water recycling water quality degradation administrative enforcement order eligible projects fund administration pollution prevention water quality health and safety environmental protection board prioritization funding priorities regulatory requirements
(Added by Stats. 2004, Ch. 559, Sec. 1. Effective January 1, 2005.)

Section § 13481.6

Explanation

If someone wants financial aid for work on the Pure Water San Diego Program projects after January 1, 2020, they must make sure contractors use a project labor agreement as per specific rules. This rule applies to the North City Water Reclamation Plant, the North City Pure Water Facility, or any other related area.

The requirement for project labor agreements is necessary until all parts of the program are complete.

(a)CA Water Code § 13481.6(a) As a condition of receiving financial assistance under this chapter for work performed at the City of San Diego’s North City Water Reclamation Plant, North City Pure Water Facility, or any other portion of the Pure Water San Diego Program, an applicant shall ensure that any construction contract awarded on or after January 1, 2020, for any phase of the Pure Water San Diego Program, including, but not limited to, expanding or modifying wastewater conveyance, detention, or treatment processes at the North City Water Reclamation Plant, work on the North City Pure Water Facility or the adjacent Pure Water Pump Station, or work on any other portion of the Pure Water San Diego Program, requires the contractor to enter into a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code.
(b)CA Water Code § 13481.6(b) The condition on receiving financial assistance imposed pursuant to this section shall remain in effect only until completion of all phases of the Pure Water San Diego Program.
financial assistance conditions Pure Water San Diego Program North City Water Reclamation Plant North City Pure Water Facility project labor agreement construction contract requirements wastewater treatment modification Public Contract Code Section 2500 contractor obligations Pure Water Pump Station wastewater conveyance detention processes construction project requirements project labor rules completion deadline requirements
(Added by Stats. 2019, Ch. 755, Sec. 2. (AB 1290) Effective January 1, 2020.)

Section § 13481.7

Explanation

This law allows a city or town to borrow money and take on debt as long as it follows constitutional guidelines.

Subject to all applicable constitutional restrictions, a municipality may borrow money and incur indebtedness pursuant to this chapter.
municipality borrowing incur indebtedness constitutional restrictions municipal debt city financing public debt local government borrowing municipal financial obligations constitutional compliance municipal chapter borrowing public finance laws
(Added by Stats. 2011, Ch. 513, Sec. 8. (SB 244) Effective January 1, 2012.)

Section § 13482

Explanation

This law outlines how funds can be managed under the Clean Water Bond Law of 1984 to match federal funds. The board, with approval, can move money from the Clean Water Construction Grant Account into another fund to meet federal match requirements. Repayments and interest from these funds are to be reinvested into the fund indefinitely for its intended uses. Municipalities that choose to contribute matching funds must set up a legal account, pay contractors before federal funds are available, and allow state access to their financial records.

(a)CA Water Code § 13482(a) In accordance with the Clean Water Bond Law of 1984 (Chapter 13 (commencing with Section 13999)), the board, with the approval of the Clean Water Finance Committee, may transfer funds from the Clean Water Construction Grant Account to the fund for the purpose of meeting federal requirements for matching moneys in the fund.
(b)CA Water Code § 13482(b) Any repayment of fund moneys, including interest payments, and all interest earned on, or accruing to, any moneys in the fund, shall be deposited in the fund and shall be available, in perpetuity, for expenditure for the purposes and uses authorized by the federal act.
(c)CA Water Code § 13482(c) A municipality that elects to provide matching funds shall do all of the following:
(1)CA Water Code § 13482(c)(1) Establish an account or other funding mechanism permitted by law for the deposit and use of those funds.
(2)CA Water Code § 13482(c)(2) Pay the state’s share of the amount of money owed to any contractor for services rendered to that municipality and transmit evidence of payment to that contractor to the board before the federal matching funds become available pursuant to the federal act.
(3)CA Water Code § 13482(c)(3) Grant to the state access to the financial records of the account or other funding mechanism established pursuant to paragraph (1).
Clean Water Bond Law of 1984 Clean Water Finance Committee fund transfer federal matching funds Clean Water Construction Grant Account repayment of funds interest payments municipality obligations establishing funding account contractor payments state financial access federal requirements perpetual fund use water construction grants
(Amended by Stats. 1995, Ch. 370, Sec. 5. Effective August 4, 1995.)

Section § 13483

Explanation

This law allows funds to be used to pay back any profits gained from investments that the federal Tax Reform Act of 1986 requires to be returned. If state or federal law does not allow the funds to be used this way, the rebates must come from the state's General Fund. Additionally, the board has the authority to make contracts or obtain services and equipment to comply with the federal Tax Reform Act and Clean Water Act.

(a)CA Water Code § 13483(a) To the extent permitted by federal and state law, moneys in the fund may be used to rebate to the federal government all arbitrage profits required by the federal Tax Reform Act of 1986 (Public Law 99-514), or any amendment thereof or supplement thereto. To the extent that this use of the moneys in the fund is prohibited by federal or state law, any rebates required by federal law shall be paid from the General Fund or other sources, upon appropriation by the Legislature.
(b)CA Water Code § 13483(b) Notwithstanding any other provision of law or regulation, the board may enter into contracts, or may procure those services and equipment, which may be necessary to ensure prompt and complete compliance with any provisions relating to the fund imposed by either the federal Tax Reform Act of 1986 (Public Law 99-514) or the federal Clean Water Act.
arbitrage profits federal Tax Reform Act of 1986 rebate to federal government federal Clean Water Act compliance fund usage General Fund appropriation contract authority procurement of services prohibition by law state legislature appropriation water management compliance fund management financial rebates
(Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)

Section § 13485

Explanation

This law section authorizes the board to create rules and regulations needed to enforce this chapter and comply with federal laws. The board can also use a policy handbook, which doesn't have to follow certain standard government procedures. This section took effect on July 1, 2014.

(a)CA Water Code § 13485(a) The board may adopt rules and regulations necessary or convenient to implement this chapter and to meet federal requirements pursuant to the federal act.
(b)CA Water Code § 13485(b) The board may implement this chapter through a policy handbook that shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code.
(c)CA Water Code § 13485(c) This section shall become operative on July 1, 2014.
board rulemaking federal requirements policy handbook implementation government procedures exemption regulatory authority operative date federal act compliance regulation adoption Chapter 3.5 exemption
(Repealed (in Sec. 189) and added by Stats. 2014, Ch. 35, Sec. 190. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)