CHAPTER
1. General Provisions
80200.
This division shall be known, and may be cited, as the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.80201.
The people of California find and declare all of the following:(a) California’s changing climate creates increased risks of catastrophic wildfire, drought, floods, severe heat events, intense rain events, and sea level rise that will impact California’s residents, agriculture, water supply, water quality, and the health of forests, watersheds, fish and wildlife, our biodiversity, and our economy.
(b) Climate change threatens and undermines California’s ability to provide access to clean, safe, and reliable drinking water.
(c) These risks and impacts vary by
region and can overwhelm the resources of local governments and communities that must cope with changing conditions and severe climate change-related events.
(d) Reducing vulnerability to fire, flood, drought, and other climate change-related events, and building the trained workforce needed to accomplish this goal, requires a statewide investment to save lives and increase climate resilience of communities and natural systems.
(e) An integrated statewide investment that prevents wildfires and other natural disasters, reduces near-term climate change risks, and increases long-term resilience to
climate change and prevents wildfires and other natural disasters will save local and state agencies and California residents billions of dollars by preventing or reducing the amount of damage that would otherwise occur.
(f) The investment of public funds pursuant to this division will result in public benefits that will address the most critical statewide needs and priorities for public funding while saving local and state agencies billions of dollars.
80202.
(a) In the appropriation and expenditure of funding authorized by this division, priority shall be given to projects that leverage private, federal, and local funding or produce the greatest public benefit. An administering state agency may pool funding for these projects.(b) To the extent practicable, when disbursing funds available pursuant to this division, an administering state agency shall prioritize projects that do any of the following:
(1) Reduce near-term risks of climate impacts while promoting long-term resilience.
(2) (A) Promote equity, foster community resilience, and protect the most vulnerable by prioritizing projects that meaningfully benefit disadvantaged communities and vulnerable populations.
(B) An administering state agency shall consider vulnerability experienced by the state’s urban and rural populations.
(3) Incorporate natural and green infrastructure solutions that enhance and protect natural resources, rural environments, and urban environments, including those that preserve or restore ecological or engineered systems in ways that support natural system functions, services, and quality, and that reduce risk.
(4) Avoid solutions that would likely worsen climate impacts or transfer risks unreasonably from one area, location, or social group, to another.
(5) Advance solutions to prevent displacement of low-income residents that could occur as an unintended consequence of a project that causes an increase in the cost of owning or renting property.
(c) In developing policies, plans, or projects to disburse funds pursuant to this division, an administering state agency shall consider the best readily available science, including local and traditional knowledge, and including consideration of future climate conditions.
(c)
(d) A project that receives money pursuant to this division shall include signage informing the public that the project received funding from the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
80203.
For purposes of this division, the following definitions apply:(a) “Committee” means the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Finance Committee created pursuant to Section 80402.
(b) “Community access” means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities and includes transportation, physical activity programming, education, and
culturally relevant communication related to water, parks, climate, coastal protection, and other outdoor pursuits.
(c) “Conservation actions on private lands” means projects with willing landowners that involve the adaptive management or protection of natural resources in response to changing climate conditions and threats to habitat and wildlife. These projects result in habitat conditions on private lands that, when necessary to be managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems, ecosystem services, and enhance fish and wildlife populations.
(d) “Disadvantaged community” means a community with a median household income of less than 80 percent of the area average.
(e) “Economically distressed area” means a municipality with a population of 20,000 persons or less, a rural county, or a reasonably isolated and divisible segment of a larger municipality where the segment of the population is 20,000 persons or less, with an annual median household income that is less than 85 percent of the statewide median household income, and with one or more of the following conditions, as determined by the Natural Resources Agency:
(1) Financial hardship.
(2) An unemployment rate at least 2 percent higher than the statewide average.
(3) Low population density.
(f) “Extremely low income household” has the same meaning as set forth in Section 50106 of the Health and Safety Code.
(f)
(g) “Fire hardening” means all costs, including costs of design, preparation, and inspection, incurred in the following:
(1) Replacing or installing any of the following:
(A) Ember-resistant vents.
(B) Fire-resistant roofing.
(C) Fire-resistant siding.
(D) Fire-resistant eaves.
(E) Fire-resistant soffits.
(F) Fire-resistant windows.
(G) Other fire hardening activities or investments approved by the State Fire Marshal.
(2) Tree removal and trimming within 100 feet of an eligible building.
(g)
(h) “Fund” means the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund created pursuant to Section 80213.
(h)
(i) “Local coastal program” has the same meaning as in Section 30108.6.
(i)
(j) “Natural infrastructure” means using natural
ecological systems or processes to reduce vulnerability to climate change-related hazards or other related climate change effects while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, flood plains,
parks, rain gardens, and urban tree canopies to mitigate high heat days. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees, that are combined with restored natural systems to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(j)
(k) “Protection” means those actions necessary to prevent harm or damage to persons, property, or natural resources or those actions necessary to allow the continued use
and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation, and interpretation, as defined by Section 75005.
(l) “Regional greenprint” means a plan that identifies natural lands, water resources, urban habitats, working lands, and recreational and other open spaces that conserve ecosystem values and functions, support climate mitigation and resilience, provide associated benefits to people, and are integrated into community and regional growth strategies.
(k)
(m) “Resilience” means the ability of a
system an entity or system, including an individual, a community, or a natural system, and its component parts to absorb, accommodate, or recover from the effects of a hazardous event in a timely and efficient manner, including through ensuring the preservation, restoration, or improvement of its essential basic structures and functions. In the case of natural and working lands, resilience includes the preservation, restoration, or enhancement of the ability to sequester carbon.
(l)
(n) (1) “Restoration” means the improvement of physical structures or facilities, and, in the case of natural systems and landscape features, includes, but is not limited to, any of the following:
(A) The control of erosion.
(B) Stormwater capture and storage, or to otherwise reduce stormwater pollution.
(C) The control and elimination of invasive species.
(D) The planting of native species.
(E) The removal of waste and debris.
(F) Prescribed burning and managing natural ignitions for ecological
restoration purposes.
(G) Fuel hazard reduction.
(H) Fencing out threats to existing or restored natural resources.
(I) Road elimination or road improvements to prevent sedimentation in streams.
(J) Improving instream, riparian, flood plain, or wetland habitat conditions.
(K) Forest restoration.
(L) Other plant
plant, fish, and wildlife habitat improvement to increase the natural system value of the property, or coastal or ocean resources.
(2) “Restoration” includes activities described in subdivision (b) of Section 79737 of the Water Code.
(3) “Restoration” also includes activities, such as the planning, monitoring, and reporting that are necessary to ensure successful implementation of the restoration objectives.
(m)
(o) “Severely
disadvantaged community” means a community with a median household income of less than 60 percent of the area average.
(n)
(p) “Small community waste water wastewater treatment facility” has the same meaning as is consistent with the use of this term for the purposes of the State Water Pollution Control Revolving Fund Small Community Grant Fund, as described in Chapter 5 (commencing with Section 79720) of Division 26.7 of
the Water Code.
(o)
(q) “State air board” means the State Air Resources Board.
(p)
(r) “Tribe” means a federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage
Commission.
(q)
(s) “Vulnerable population” means a subgroup of population within a region or community that faces a disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts.
(r)
(t) “Water board” means the State Water Resources Control Board.
80204.
An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this division may be used to pay the administrative costs of that program.80205.
(a) Except as provided in subdivision (b), up to 10 percent of funds allocated for each program funded by this division may be expended for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the annual Budget Act for a capital outlay project or grant project.(b) Funds used for planning, monitoring, and implementing of programs that benefit disadvantaged communities,
extremely low income households, economically distressed areas, vulnerable populations, or socially disadvantaged farmers or ranchers may exceed 10 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
(c) To the maximum extent feasible, funding allocated pursuant to this division shall be consistent with the regional strategies developed and implemented pursuant to Section 80229.
(d) A state agency administering funds pursuant to this division may make a grant to a federal agency if the state agency determines a grant is the most efficient way to implement the intent of this division on federally managed lands.
(e) At least 35 percent of the funds available pursuant to this division shall be allocated for projects serving that provide meaningful and direct benefits to disadvantaged communities, vulnerable populations, or economically distressed areas. At least 15 areas. Fifteen percent of the funds available pursuant to this division this allocation
shall be allocated for projects serving that provide meaningful and direct benefits to severely disadvantaged communities. communities or extremely low income households.
80206.
Before approving a grant or contract pursuant to Chapter 3 (commencing with Section 80230), Chapter 4 (commencing with Section 80240), Chapter 5 (commencing with Section 80250), Chapter 6 (commencing with Section 80260), or Chapter 7 (commencing with Section 80270), an administering entity shall make one or more of the following findings:(a) The expenditure will reduce the risk of wildfire, flood, sea level rise, drought, unhealthy exposure to heat or air pollution, or other danger that is associated with, or exacerbated by, climate change, or any combination of these things.
(b) The expenditure will increase the resilience of a community of residents, workers, visitors, or a natural system to the risks of
wildfire, flood, sea level rise, drought, unhealthy exposure to heat or pollution, or other danger that is associated with or exacerbated by climate change, or any combination of these things.
(c) The expenditure will help a community recover from the impacts of a wildfire, flood, drought, or other climate-related events, or help restore a natural system or public recreation areas area from the impacts of wildfire, flooding, drought, or other climate-related events, or any combination of these things.
(d) The expenditure will help a community develop a plan for or analysis to support increasing the community’s resilience to the impacts of climate change, responding to wildfire, flood, drought, unhealthy exposure to heat or pollution, or other danger associated with or exacerbated by climate change, recovering from damage from wildfire, flood, drought, or other events associated with or exacerbated by climate change, or helping train a workforce to improve resilience, response, or recovery from events that are associated with or exacerbated by climate change, or any combination of these things.
(e) The expenditure will help improve the resilience of a community’s water supplies
supply or provide safe drinking water or clean water benefits in light of California’s changing climate.
80207.
(a) Moneys allocated pursuant to this division shall not be used to fulfill any environmental mitigation requirements imposed by law.(b) Subdivision (a) does not preclude the use of moneys awarded pursuant to this division for purposes of providing safe drinking water or improving water quality.
80208.
Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. 80209.
For grants awarded for projects that serve a disadvantaged community, extremely low income households, an economically distressed area, vulnerable populations, or socially disadvantaged farmers or ranchers, the administering entity may provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. manner, and may maintain advance payments in increments of 25 percent of the award, as needed, throughout project implementation. The
administering entity shall adopt additional requirements for the recipient of the grant regarding the use of additional advanced payments to ensure that the moneys are used properly and the project is completed.80210.
(a) Up to 10 percent of the funds available pursuant to each chapter of this division may be allocated for technical assistance and capacity building for all of the entities identified in Section 80209. The entity administering the moneys shall operate a multidisciplinary technical assistance program for these purposes.(b) Funds used for providing technical assistance and capacity building for disadvantaged communities, vulnerable populations, and extremely low income households, or economically
distressed areas may exceed 10 percent if the state agency administering the moneys determines that there is a need for the additional funding.
80211.
Eligible applicants under this division are public agencies, nonprofit organizations, park and open-space districts and authorities, resource conservation districts, joint powers authorities, tribes, entities responsible for implementing natural community conservation plans or regional habitat conservation plans, and regional collaboratives for climate adaptation for projects and programs that are consistent with this division.80212.
Up to 5 percent of the funds available to each agency pursuant to this division may be used for community access projects.80213.
(a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 80412, shall be deposited in the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund, which is hereby created in the State Treasury. Moneys in the fund are available upon appropriation by the Legislature.(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) One billion six hundred nineteen million dollars ($1,619,000,000) Two
billion two hundred million dollars ($2,200,000,000) for wildfire prevention, drought, or other natural disaster prevention and community resilience from climate change impacts, in accordance with Chapter 2 (commencing with Section 80220).
(2) One billion one hundred seventy million dollars ($1,170,000,000) One billion four hundred seventy million dollars ($1,470,000,000) for providing safe drinking water and protecting water supply and water quality from climate risks, in accordance with Chapter 3 (commencing with Section 80230).
(3) Five hundred twenty million dollars ($520,000,000) Six
hundred twenty million dollars ($620,000,000) for protecting fish and wildlife from climate risks, in accordance with Chapter 4 (commencing with Section 80240).
(4) One hundred ninety million dollars ($190,000,000) for protecting agricultural land from climate risks, in accordance with Chapter 5 (commencing with Section 80250).
(5) Six hundred thirty million dollars ($630,000,000) Nine hundred seventy million dollars ($970,000,000) for protecting coastal lands, oceans, bays, waters, natural resources, and wildlife from climate risks, in accordance with Chapter 6 (commencing with Section 80260).
(6) Sixty million dollars ($60,000,000) for climate resilience, workforce development, and education, in accordance with Chapter 7 (commencing with Section 80270).
80214.
The Legislature may enact legislation necessary to implement programs funded by this division.
CHAPTER
2. Wildfire Prevention and Community Resilience from Climate Impacts
80220.
The sum of one billion six hundred nineteen million dollars ($1,619,000,000) two billion two hundred million dollars ($2,200,000,000) shall be available for the reduction in the risk of wildfire threat to lives, properties, and natural habitats. 80221.
Of the funds made available by Section 80220, one hundred seventy-five million dollars ($175,000,000) shall be available to the Office of Emergency Services, in conjunction with the Department of Forestry and Fire Protection, for a prehazard mitigation grant program. The grant program shall be allocated to assist local and state agencies to leverage additional funds, including matching grants from federal agencies. Sixty percent of allocations
In allocating funds pursuant to this section section, the Office of Emergency Services and the Department of Forestry and Fire Protection shall benefit consider benefits to disadvantaged communities, vulnerable populations, including those with access and functional needs, at-risk infrastructure, and socially disadvantaged farmers or ranchers, and economically distressed areas
ranchers to reduce the vulnerability of those most in need. Eligible projects include, but are not limited to, the following:(a) Grants to local agencies, state agencies, joint powers authorities, and tribes for projects that reduce wildfire risks to people and property consistent with approved local hazard mitigation plans.
(b) Grants to local agencies, state agencies, joint powers authorities, and tribes tribes, and multijurisdictional local government partnerships for improvements to detection, warning, and evacuation systems, emergency notification systems, and improvements
in fire and disaster response communication planning, communication, and infrastructure.
(c) Grants to local agencies, state agencies, joint powers authorities, tribes, resource conservation districts, fire safe councils, and nonprofit organizations for fire hardening projects, risk reduction buffers, and incentives to remove structures that significantly increase hazard risk, including the reduction or prevention of wildfires igniting along roadways.
(d) Grants from the Department of Forestry and Fire Protection in support of a wildfire risk reduction planning support grants program.
(e) Grants to local agencies, state agencies, special districts, joint powers authorities, and tribes tribes, and vulnerable populations to incentivize installation of microgrids, distributed generation and storage systems, or in-home backup power systems, powered by clean energy distribution systems that provide continuity of electrical service in response to, or anticipation of, disruption due to wildfire
public safety power shutoffs, wildfire, or other disaster.
80222.
Of the funds made available by Section 80220, one hundred ninety-five million dollars ($195,000,000) two hundred eighty million dollars ($280,000,000) shall be available to the Natural Resources Agency and to its departments, boards, and conservancies for projects to reduce the risk of wildfire spreading into populated areas from wildlands and to improve forest health and fire resiliency. The Natural Resources Agency shall identify the highest risk areas that are near communities and recommend to the Legislature allocations by region based on wildfire risk and affected
population. Eligible projects include, but are not limited to, the following:(a) Restoration of natural ecosystem functions in high fire hazard areas with preference given to those projects that provide multiple benefits, including, but not limited to, protection of agricultural lands, habitat protection, watershed improvement, and use of prescribed fire and managing natural ignitions for resource benefit, including fuels reduction, and science-based vegetation treatment programs that provide long-term reduction of wildfire risk and protect lives and properties. Projects shall be designed and managed to be durable over time and, to the extent practicable, shall accelerate the creation or restoration of resilient natural habitat conditions reflective of historic fire frequency, reduce habitat fragmentation, and prioritize projects that ensure
the maintenance of diverse, natural, climate-resilient conditions, including older native forest structure and composition. Projects shall reflect the concurrence of the Department of Fish and Wildlife and the water board, respectively, when a project may affect their statutory jurisdiction.
(b) Other projects that reduce wildfire risk to populated areas, protect habitat, wildlife, or watershed resources, and increase wildfire resilience through enhancing the long-term ecological health of natural systems.
(c) Grants to fire safe councils, nongovernmental organizations with demonstrated expertise, and resource conservation districts for development and implementation of community wildfire protection plans that promote and create incentives for community wildfire safety,
defensible space, and other projects to improve fire resilience. Projects shall be in compliance with Section 4483.
80223.
Of the funds made available by Section 80220, the sum of seventy-five million dollars ($75,000,000) shall be available to the Department of Forestry and Fire Protection to enhance California’s fire prevention, fuel management, and fire response, as follows:(a) Seven million dollars ($7,000,000) shall be made available to improve water quality at CAL-FIRE facilities to enhance safe human use and consumption.
(b) Twenty million dollars ($20,000,000) shall be made available to upgrade existing infrastructure and for new Department of Forestry and Fire Protection facilities for suppression and fuel reduction crews.
(c) Sixteen million dollars ($16,000,000) shall be made available for the purchase of Type 3 engines and related equipment to be used for fire suppression and fuel reduction.
(d) Five million dollars ($5,000,000) shall be made available to enhance the Department of Forestry and Fire Protection’s communications centers and mobile communications. communications, including the capacity to provide culturally relevant and multilingual communication services.
(e) Twenty million dollars ($20,000,000) shall be made available to the Department of Forestry and Fire Protection
for grants to assist local agencies for equipment for wildland firefighting, fire prevention, and fuel management.
(f) Seven million dollars ($7,000,000) shall be made available to the Department of Forestry and Fire Protection for a public or private conservancy to identify and understand the increasing scale of fires, fire risks, modernized vegetation management, efficacious building materials, and effective partnerships in preparing and responding to fires, and to understand and develop methods to reduce exposure to and the impacts of hazardous and other materials that can impair the health and safety of first responders and community members from fires.
80224.
Of the funds made available by Section 80220, two hundred fifty million dollars ($250,000,000) three hundred million dollars ($300,000,000) shall be available to the Natural Resources Agency for the implementation of the Regional Fire and Forest Capacity Program to fund coordinated and integrated regional approaches to the restoration of watersheds, reduction in the conditions that lead to catastrophic wildfire, and the protection of natural resources throughout California.80225.
(a) Of the funds made available by Section 80220, the sum of two hundred twenty-five million dollars ($225,000,000) shall be available to the Natural Resources Agency and its departments, boards, and conservancies for the protection, restoration, and improvement of forests, including redwoods, conifers, oak woodlands, chaparral, deserts, coastal forests, and other habitat types to ensure the long-term ecological health of these natural systems, to reduce risk of extreme wildfires, floods, and other climate impacts, and to improve water supply and water quality, carbon sequestration, community access, and other public benefits. Projects shall be based on the best available science regarding forest and ecosystem restoration, and
shall be undertaken to protect and restore ecological values and to promote conditions that are more resilient to wildfire, climate change, and other disturbances. Where appropriate, projects may include activities on lands owned by the United States. Eligible projects include, but are not limited to, grants to assist with the following:(1) Protection and restoration of large, intact forests and other natural landscape, prevention of forest fragmentation through subdivision, restoration of natural fire regimes and climate resilient
climate-resilient conditions through forest restoration and prescribed fire, and managing natural ignitions for ecological restoration purposes when and where it is safe to do so.
(2) Improvement of forest and ecosystem resilience, and reduction of tree mortality from pests and impacts from invasive species.
(3) Establishment of regional forest and ecosystem restoration projects that include plant nurseries, reforestation, and revegetation projects, to promote climate resilient climate-resilient ecosystems in climate stressed areas.
(4) Development of a standardized system for quantifying direct carbon emissions from fuel reduction activities for the purposes of meeting the accounting requirements for Greenhouse Gas Reduction Fund expenditures and the development of a historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression, undertaken consistent with Section 38535 of the Health and Safety Code.
(5) Land acquisition by the Department of Forestry and Fire Protection of large coast redwood forest lands in counties with high population densities from willing sellers to prevent further fragmentation of coast redwood forest land or expansion of the wildland-urban interface, and protect coastal
old-growth redwood and coastal old-growth Douglas fir trees and recruit additional late-successional forest stands. Preference shall be given to counties with an average housing unit density of 200 or greater per square mile of land area.
(b) Of the funds made available by subdivision (a), not less than fifty million dollars ($50,000,000) shall be allocated to the Sierra Nevada Watershed Improvement Program created by Section 33345.1. Preference for grant funding under this subdivision shall be given to projects that improve the health and resiliency of state lands, and to multibenefit landscape-scale projects consistent with the state’s climate adaptation and fire resiliency goals. Projects shall include long-term monitoring of carbon storage, biological diversity, and other ecosystem benefits and
services.
(c) Of the funds made available by subdivision (a), not less than fifty million dollars ($50,000,000) shall be allocated to the state air board, in consultation with the Natural Resources Agency and the Department of Forestry and Fire Protection, for pilot projects and incentives for innovative forest products technology that reduce greenhouse gas emissions consistent with Senate Bill 32 of the 2015–16 Regular Session. An eligible project funded by this subdivision includes a project consistent with the recommendations developed pursuant to Sections 717 and 4630.2.
to incentivize new projects in California that convert forest and other vegetation waste removed for wildfire mitigation to beneficial uses that maximize reductions in the emissions of greenhouse gases, provide local benefits for air quality, and help to increase local community resilience against climate change impacts. Preference shall be given to projects that can provide negative emissions, as defined by the state air board.
(d) Of the funds made available by subdivision (a), twenty-five million dollars ($25,000,000) shall be allocated for the establishment of a Forest Carbon Monitoring Program that includes the following projects:
(1) Mapping of current carbon storage and sequestration patterns by collecting field plots and high resolution
high-resolution airborne light detection and ranging.
(2) Developing a carbon monitoring system using satellite data to evaluate monthly and annual carbon fluxes.
(3) Independent validation of carbon storage and sequestration maps.
(4) Mapping of current vegetation, fuel condition, and habitat by collecting field plots and high-resolution airborne light detection and ranging.
(4)
(5) Making all data publicly available to guide forest management and forest health decisions, wildfire evaluation, and emergency preparedness planning and operations.
80226.
Of the funds made available by Section 80220, fifty million dollars ($50,000,000) shall be available to the Department of Parks and Recreation to plan for and implement projects to reduce the risks of fire, flood, inundation, sea level rise, and other risks associated with climate change and for the protection and restoration of infrastructure and natural resources for units of the state park system.80227.
Of the funds made available by Section 80220, the sum of one hundred twenty-nine million dollars ($129,000,000) four hundred sixty million dollars ($460,000,000) shall be available to the following conservancies according to their governing statutes for climate resilience, wildfire prevention, and natural resource protection and allocated in accordance with the following schedule:(a) Baldwin Hills Conservancy, five million dollars ($5,000,000).
ten million dollars ($10,000,000).
(b) California Tahoe Conservancy, ten million dollars ($10,000,000). forty million dollars ($40,000,000).
(c) Coachella Valley Mountains Conservancy, ten million dollars ($10,000,000). twenty million dollars ($20,000,000).
(d) Sacramento-San Joaquin Delta Conservancy, twelve million dollars ($12,000,000).
forty million dollars ($40,000,000).
(e) San Diego River Conservancy, fifteen million dollars ($15,000,000). eighty-five million dollars ($85,000,000).
(f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, twenty-four million dollars ($24,000,000). eighty-five million dollars ($85,000,000).
(g) San Joaquin River Conservancy, five million dollars ($5,000,000).
ten million dollars ($10,000,000).
(h) Santa Monica Mountains Conservancy, twenty-four million dollars ($24,000,000). eighty-five million dollars ($85,000,000).
(i) Sierra Nevada Conservancy, twenty-four million dollars ($24,000,000). eighty-five million dollars ($85,000,000).
80228.
(a) Of the funds made available by Section 80220, the sum of three hundred ninety-five million dollars ($395,000,000) shall be available for the reduction of climate impacts on disadvantaged communities and vulnerable populations. Eligible projects include, but are not limited to, the following:(1) Multibenefit green
natural infrastructure and urban greening projects that reduce the risks of and exposure to extreme heat and flooding or that promote long-term resilience and reduce heat island effects.
(2) Establishment of cooling centers, clean air centers, hydration stations, emergency shelters, back up solar power and storage, and facilities, including fairgrounds, to safeguard vulnerable populations from extreme heat events and air pollution caused by wildfires and from other public health threats exacerbated by climate change.
(3) Improvements to public infrastructure, including natural infrastructure, that provide climate resilience benefits, including, but not limited to, sustainable stormwater capture technologies, permeable pavement projects,
rain gardens, cool roofs, and stormwater detention basins.
(4) Improvements to city park, county park, regional park, and open-space preserve infrastructure, including natural infrastructure, to promote resilience and adaptation or the promotion and enhancement of natural resources and water conservation and efficiencies on local and regional public park lands and open space open-space lands.
(5) Multibenefit projects that reduce risks of exposure to toxic or hazardous materials that may increase as a result of wildfires, flooding, sea level rise, or reduced water flows to polluted bodies of water.
(6) Urban streams restoration projects, including, but not limited to, multibenefit erosion and flood control improvements that provide community access to clean water, daylight streams to create shaded corridors, and restore natural infrastructure pursuant to Sections 7048 and 7049 of the Water Code.
(7) Competitive grants consistent with the California Cultural and Historical Endowment Act, established pursuant to Chapter 13 (commencing with Section 20050) of Part 11 of Division 1 of Title 1 of the Education Code, for projects that protect California’s cultural and historic resources from climate impacts or inform the public about resiliency to climate change.
(b) Of the funds made available by subdivision (a), seventy-five million
dollars ($75,000,000) shall be allocated for urban greening projects pursuant to subdivision (a) of Section 75129, including at least twenty-five million dollars ($25,000,000) pursuant to Section 4799.12 to protect or augment California’s urban forests.
(c) Of the funds made available by subdivision (a), twenty million dollars ($20,000,000) shall be allocated for projects pursuant to Division 22.8 (commencing with Section 32600), including, but not limited to, expansion of access corridors to encourage fewer greenhouse gas emissions, expansion of green spaces to reduce the urban heat island effect, and expansion of ecosystem-based water management projects.
(d) Of the funds made available by subdivision (a), twenty million dollars ($20,000,000) shall be allocated for projects pursuant
to Division 23 (commencing with Section 33000), including, but not limited to, expansion of access corridors to encourage fewer greenhouse gas emissions, expansion of green spaces to reduce the urban heat island effect, and expansion of ecosystem-based water management projects.
80229.
(a) Of the funds made available by Section 80220, the sum of one hundred twenty-five million dollars ($125,000,000) two hundred forty million dollars ($240,000,000) shall be available to the Strategic Growth Council to fund the development and implementation of regional and subregional climate metrics and strategies to improve the resilience of local communities and natural resources to the impacts of climate change and to help local communities and natural resources adapt to a changing climate. Strategies funded pursuant to this section may also include
components to reduce greenhouse gas emissions.(b) (1) The Strategic Growth Council shall collaborate with the Natural Resources Agency, state conservancies, regional climate collaboratives, regional planning agencies, joint powers authorities, other public agencies, nongovernmental organizations, and tribes from each region of the state to determine appropriate geographic boundaries for regional and subregional climate strategies. strategies, including regional greenprints. The formation of the regions may be based on, or adapted from, the Regional Forest and Fire Capacity Program or California’s Fourth Climate Change Assessment, and shall cover the entire geographic area
of the State of California.
(2) The Strategic Growth Council shall award funding to state conservancies, regional climate collaboratives, joint powers authorities, nongovernmental organizations, community-based organizations, and public agencies from each region to implement subdivision (a).
(3) Each regional strategy shall include an assessment of climate vulnerabilities and risks and identification of environmental, economic, public health, and social climate vulnerabilities, including impacts to vulnerable populations,
populations and disadvantaged communities, and identify complementary opportunities for greenhouse gas reductions. Relevant regional or local plans may be used to develop the assessment.
(c) Of the funds made available by subdivision (a), forty million dollars ($40,000,000) shall be allocated to the Strategic Growth Council for grants to local governments and joint powers authorities to develop or update general plans and zoning ordinances to facilitate timely investment in projects that address flood and fire resilience, sea level rise, climate adaptation, and environmental justice objectives, pursuant to Section 65302 of the Government Code.
(d) Of the funds made
available by subdivision (a), twenty million dollars ($20,000,000) shall be allocated to the Strategic Growth Council for implementation of the regional climate collaborative program established pursuant to Section 71131.
(e) Of the funds made available by subdivision (a), one hundred thirty-five million dollars ($135,000,000) shall be allocated to the Strategic Growth Council for the implementation of the Transformative Climate Communities Program established pursuant to Section 75240 for projects that address wildfire, flood, drought, heat, air pollution, and other climate risks and that improve the resilience of local communities.
(f) (1) Of the funds made available by subdivision (a), ten million dollars ($10,000,000) shall be allocated to the
Strategic Growth Council for green alleyway projects that include, but are not limited to, impervious pavements, rain gardens, and other low-impact pavement materials. Projects shall include pedestrian-scale lighting fixtures to ensure adequate lighting for public safety purposes and use bollards, signs, and design features that make clear the intended alley use.
(2) From moneys made available pursuant to paragraph (1), the Strategic Growth Council shall award funding to local governments, community-based organizations, neighborhood associations, joint powers authorities, and nongovernmental organizations. Preference shall be given to projects that directly benefit disadvantaged communities.
(d)
(g) In implementing this section, the Strategic Growth Council shall collaborate with the Office of Planning and Research and relevant agencies to develop grant guidelines that enhance climate resilience while promoting integration of local planning requirements pursuant to Division 20 (commencing with Section 30000), the federal Disaster Mitigation Act of 2000 (Public Law 106-390), and other applicable laws or policies as determined by the Strategic Growth Council.
CHAPTER
3. Ensuring Safe Drinking Water and Protecting Water Supply and Water Quality from Climate Risks
80230.
The sum of one billion one hundred seventy million dollars ($1,170,000,000) four hundred seventy million dollars ($1,470,000,000) shall be available for the protection of California’s water supply and water quality.80231.
Of the funds made available by Section 80230, one hundred ninety million dollars ($190,000,000) shall be available for grants to provide safe drinking water. water, protect drinking water sources, and promote public health. Ten percent of the funds made available pursuant to this section shall be allocated for grants to provide outreach and technical assistance that directly benefits disadvantaged communities. Eligible applicants shall include nonprofit organizations, technical assistance providers, and tribal nations. Eligible projects include, but are not limited to, the following:(a) (1) Safe drinking water projects that are consistent with Section 79724 of the Water Code. the fund expenditure plan developed by the water board pursuant to Article 4 (commencing with Section 116768) of Chapter 4.6 of Part 12 of Division 104 of the Health and Safety Code.
(2) Projects funded pursuant to paragraph (1) may include system improvements to help meet state, federal, and local regulations governing fire flow standards for public fire protection.
(b) Clean water projects that are consistent with Section 79723 of the Water Code.
that may include grants and loans to assist with septic system upgrades or consolidation of septic systems to address water quality contamination and public health threats in disadvantaged communities and projects that promote resilience and adaptation of small community wastewater treatment facilities at risk from sea level rise, consistent with an updated, certified local coastal program, with a preference for projects that provide for wastewater recharge or recycling.
(c)Grants and loans to assist with septic system upgrades or consolidation of septic systems in order to address water quality contamination in disadvantaged communities.
(d)
(c) Projects that implement countywide drought and water shortage contingency plans adopted pursuant to Chapter 10 (commencing with Section 10609.40) of Part 2.55 of Division 6 of the Water Code.
(e)(1)Sustainable groundwater management projects that use captured stormwater and flood waters for recharge purposes.
(2)Eligible projects shall include recharge projects that reduce contaminant loading to groundwater or dilute existing groundwater contamination.
(3)Projects shall not cause or contribute to increased contamination of groundwater supplies used by disadvantaged communities.
(4)Preference shall be given to projects that benefit disadvantaged communities.
(f)Projects that promote resilience and adaptation of small community wastewater treatment facilities at risk from sea level rise, consistent with an updated, certified local coastal program. Preference shall be given to projects that provide for wastewater
recharge or recycling.
80232.
Of the funds made available by Section 80230, one hundred ninety million dollars ($190,000,000) two hundred million dollars ($200,000,000) shall be available to the Wildlife Conservation Board, or other entity designated by the Legislature for these purposes, for groundwater sustainability projects that provide wildlife habitat and support implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code). Eligible projects include, but are not limited to, the following:(a) Creation, protection, or restoration of permanent wildlife habitat.
(b) Contracts Projects for seasonal wetland habitat that provides aquifer replenishment. Any groundwater recharge achieved through this
funding shall remain in the basin to improve groundwater conditions. Payments shall be linked to achievement and delivery of defined conservation outcomes, the duration of those outcomes, and the commitment of matching funds.
(c) Projects that improve groundwater supply, including groundwater recharge, resulting in improved baseflows in rivers and streams, and groundwater supply improvement for fish and wildlife habitat.
80232.5.
(a) Of the funds made available by Section 80230, one hundred thirty million dollars ($130,000,000) shall be allocated to the Department of Water Resources for competitive grants for projects that develop and implement groundwater plans and projects in accordance with the groundwater planning requirements established pursuant to Division 6 (commencing with Section 10000) of the Water Code.(b) (1) Funding preference shall be given to plans that include projects that address water quality and quantity needs of disadvantaged communities, including, but not limited to, well mitigation programs, short- and long-term drinking water quality and quantity projects, and projects that enhance drought and water shortage
resiliency.
(2) At least 10 percent of the funds allocated pursuant to this section shall be allocated for grants that provide outreach and technical assistance that directly benefits disadvantaged communities. Eligible applicants shall include nonprofit organizations, technical assistance providers, and tribal nations.
80233.
(a)Of the funds made available by Section 80230, the sum of four hundred ten million dollars ($410,000,000) two hundred fifty million dollars ($250,000,000) shall be available for the protection and restoration of rivers, lakes, and streams to improve climate resilience, water supplies, water quality, and other benefits. To the extent feasible, preference shall be given to natural infrastructure projects. Eligible projects include, but are not limited to, the following:
The funds made available pursuant to this section shall be allocated as follows:(1)Multibenefit river and urban stream parkway
(a) (1) Sixty-five million dollars ($65,000,000) for multibenefit river projects that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and
improve water supply resilience, improve instream flow, or provide public access.
(2) Multibenefit watershed protection or restoration projects that improve climate resilience within the Los Angeles River watershed and the San Gabriel River watershed that are implemented pursuant to Section 79508 of the Water Code.
(3) Climate Multibenefit watershed protection and climate resilience projects identified in shall be consistent with
the Lake Tahoe Environmental Improvement Program. Preference for grant funding under this paragraph shall be given to projects that improve the health and resiliency of state lands, and to multibenefit landscape-scale projects consistent with the state’s climate adaptation and fire resiliency goals. Projects shall include long-term monitoring of carbon storage, biological diversity, and other ecosystem benefits and services.
(b) Of the funds made available by subdivision (a), the sum of one One hundred eighty-five million dollars ($185,000,000) shall be available to the Natural Resources
Agency and allocated as follows:
(1) One hundred sixty-five million dollars ($165,000,000) for outlay projects and operations that provide air quality and habitat
benefits and benefits, including projects identified in the Eastern Coachella Valley’s Action Plan for Climate Resilience or that implement the Natural Resources Agency’s Salton Sea Management Program.
(2) Twenty million dollars ($20,000,000) to the Salton Sea Authority for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
(c)Of the funds made available by subdivision (a), seventy million dollars ($70,000,000) shall be available pursuant to Division 22.8 (commencing with Section 32600) for projects that improve the climate resiliency or the protection of the Los Angeles River watershed or are consistent
with the Lower Los Angeles River Revitalization Plan.
(d)(1)Of the funds made available by subdivision (a), seventy million dollars ($70,000,000) shall be available pursuant to Division 23 (commencing with Section 33000) for projects that improve the climate resiliency or the protection of the Los Angeles River watershed and are a part of the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220.
80233.5.
Of the funds made available by Section 80230, the sum of two hundred forty million dollars ($240,000,000) shall be available for the protection and restoration of urban streams and river parkways to improve climate resilience, water supplies, water quality, and other benefits. To the extent feasible, preference shall be given to natural infrastructure projects. At least 40 percent of the allocation made pursuant to this section shall benefit disadvantaged communities, vulnerable populations, or socially disadvantaged farmers or ranchers. The funds made available pursuant to this section shall be allocated as follows:
(a) Seventy million dollars ($70,000,000) shall be available for multibenefit urban stream and river parkway projects that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and provide public access.
(b) Seventy million dollars ($70,000,000) shall be available pursuant to Division 22.8 (commencing with Section 32600) for projects that improve the climate resiliency or the protection of the Los Angeles River watershed or are consistent with the Lower Los Angeles River Revitalization Plan.
(c) (1) Seventy million dollars ($70,000,000) shall be available pursuant to Division 23 (commencing with Section 33000) for projects that improve the climate resiliency or the protection of the Los Angeles River watershed and are a part of
the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220 or the Los Angeles River Master Plan.
(2) Forty million dollars ($40,000,000) of the funds available pursuant to this subdivision shall be allocated for projects that include, but are not limited to, projects that protect or enhance the Los Angeles River, parkway projects that include connectivity to parks and open space in neighboring communities within the San Fernando Valley, including Aliso Creek, the Tujunga Wash, and projects along the Arroyo Seco waterway.
(e)Of the funds made available by subdivision (a), twenty-five million dollars ($25,000,000)
(d) Thirty million dollars ($30,000,000) shall be available for multibenefit watershed protection, restoration, and public access projects that improve climate resilience pursuant to the Lower American River Conservancy Program (Chapter 10.5 (commencing with Section 5845) of Division 5).
80234.
(a) Of the funds made available by Section 80230, the sum of one hundred forty million dollars ($140,000,000) shall be available for flood management projects that are components of multibenefit flood management system improvements that reduce risks to public safety and provide improvement to wildlife habitat. Eligible project types include, but are not limited to, levee setbacks, connecting rivers with flood plains, enhancement of flood plains and bypasses, off-stream groundwater recharge, improved coordination and management of surface and groundwater supplies, and land acquisitions and easements necessary for these project types. To the extent feasible, project selection shall be guided by approved local hazard
mitigation plans and preference shall be given to natural infrastructure projects and projects that improve drought resiliency. Eligible projects include, but are not limited to, the following:(1) Multibenefit flood management projects that reduce the impacts of climate change on inland or coastal infrastructure, communities, or ecosystems, and provide ecosystem, wildlife, or groundwater recharge benefits.
(2) Natural infrastructure projects to reduce flood intensity and slow watershed runoff.
(3) Projects that capture, clean, or otherwise productively use stormwater.
(4) Projects that provide matching grants for, or otherwise leverage funding from, the
Federal Emergency Management Agency, the United States Army Corps of Engineers, or other federal mitigation and resiliency funding.
(5) Projects that provide benefits to anadromous and other native fish species along migratory corridors.
(6) Projects that restore streams to a more natural state by improving sediment and debris control or removing drainage obstructions, culverts, and paved channels to enable more stormwater to be absorbed and gradually released by soil and plants.
(b) Of funds allocated pursuant to subdivision (a), at least fifty million dollars ($50,000,000) shall be allocated for multibenefit flood
management projects in urban coastal watersheds.
80235.
Of the funds made available by Section 80230, one hundred million dollars ($100,000,000) shall be available to the water board for recycled water projects pursuant to Section 79140 of the Water Code.80236.
Of the funds made available by Section 80230, ten million dollars ($10,000,000) ninety million dollars ($90,000,000) shall be available for projects that improve water data collection, monitoring, and management through enhanced quality and availability of water data. Up to eighty million dollars ($80,000,000) shall be made available as matching grants to groundwater sustainability agencies for the purchase of monitoring equipment and construction of monitoring wells. Eligible expenses include, but are not limited to, the purchase and
installation of stream gauges, monitoring wells, and well meters required for monitoring groundwater conditions.80237.
Of the funds made available by Section 80230, the sum of one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency for implementation of the settlement agreement to restore the San Joaquin River referenced in Section 2080.2 of the Fish and Game Code and allocated as follows:(a) Fifty million dollars ($50,000,000) shall be available for restoration of capacity of the Friant-Kern Canal that was lost due to subsidence, consistent with the water management goal under the September 13, 2006, Stipulation of Settlement. For the purposes of awarding funding under this section, a cost share from nonstate sources of not less than 50 percent of the total
costs of the project shall be required.
(b) Fifty million dollars ($50,000,000) shall be available to implement the restoration goal of the September 13, 2006, Stipulation of Settlement, including funding for restoration projects identified in paragraph 11 of the September 13, 2006, Stipulation of Settlement, and funding to support the work of the Restoration Administrator and Technical Advisory Committee. The Restoration Administrator and Technical Advisory Committee shall use these funds in part to review and provide input regarding the implementation of projects identified in paragraph 11 of the September 13, 2006, Stipulation of Settlement.
80238.
(a) Of the funds made available by Section 80230, thirty million dollars ($30,000,000) shall be available for water infrastructure upgrades to increase climate resilience, improve wildlife and fish passage, and modernize water infrastructure.(b) Notwithstanding subdivision (a) of Section 80205, funds for feasibility studies of projects pursuant to this section may exceed 10 percent of the funds allocated.
CHAPTER
4. Protecting Fish and Wildlife From Climate Risks
80240.
The sum of five hundred twenty million dollars ($520,000,000) six hundred twenty million dollars ($620,000,000) shall be available for the purposes of this chapter.80241.
Of the funds made available by Section 80240, five six hundred million dollars ($500,000,000) ($600,000,000) shall be available to the Wildlife Conservation Board for the protection of California’s fish and wildlife resources in response to changing climate conditions and the highly variable habitat needs of fish and wildlife, as well as for restoration and stewardship projects that restore or manage the
land to improve its resilience to climate impacts and natural disasters. Eligible projects include, but are not limited to, the following:(a) Salmon and other fishery preservation, enhancement, and habitat restoration projects, including, but not limited to, projects to benefit fall-run Chinook salmon and the state’s obligations under the federal Central Valley Project Improvement Act (Title 34 of Public Law 102-575).
(b) Projects to protect and restore wetlands and fish and wildlife habitat, including, but not limited to, refuges for migratory birds.
(c) Projects for the protection and restoration of
fish and wildlife corridors and habitat linkages, the construction or repair of corridors, and the removal or modification of barriers. Projects may include planning, monitoring, and data collection necessary to track movement of wildlife around and across transportation facilities and to establish the best locations to construct wildlife crossing features, including fish passage improvements.
(d) Land acquisition projects, including, but not limited to, those that protect land from development.
(e) Restoration and stewardship projects that restore or manage the land to improve its resilience to climate impacts and natural disasters.
(f) Projects for conservation actions on
private lands, including, but not limited to, incentives and technical assistance for private landowners to implement conservation actions.
(g) Projects for the protection of threatened and endangered species, including projects within natural community conservation plans or habitat conservation plans. Projects may include land acquisition through either easement or fee title.
(h) Projects that include acquisition of water from willing sellers,
acquisition of land that includes water rights or right to water, and other projects that provide water for fish and wildlife or improve aquatic or riparian habitat conditions.
(i) Project for the development and implementation of regional conservation investment strategies that include climate resilience elements.
(j) Restoration activities to control or eradicate invasive plants and species.
(k) Protection and restoration of redwood forests.
(l) Protection and restoration of oak woodlands pursuant to Section 1363 of the Fish and Game Code and grasslands pursuant to Section
10330.
80242.
Of the funds made available by Section 80240, twenty million dollars ($20,000,000) shall be available to the Department of Fish and Wildlife to improve the climate resilience of fish and wildlife habitat. Eligible projects include, but are not limited to, the following:(a) Establishment of a statewide system for the collection and analysis of wildlife vehicle collisions that shall be publicly available.
(b) Projects identified by the Department of Fish and Wildlife to implement climate resiliency for wildlife, including projects to survey and map plants and vegetation in California and to maintain this information in a
standardized and replicable system.
(c) Projects identified by the Department of Fish and Wildlife to plan for and implement projects to reduce the risks of fire, flood, inundation, sea level rise, and other risks associated with climate change and for the protection and restoration of infrastructure and natural resources for lands managed by the Department of Fish and Wildlife.
CHAPTER
6. Protecting Coastal Lands, Bays, and Oceans from Climate Risks
80260.
The sum of six hundred thirty million dollars ($630,000,000) nine hundred seventy million dollars ($970,000,000) shall be available for the protection and restoration of coastal and ocean resources from the impacts of sea level rise, ocean acidification, and other impacts of climate change. Eligible projects include, but are not limited to, projects to protect, restore, and increase the resilience of coastal and ocean ecosystems, coastal watersheds, lands, beaches, bluffs, grassland, chaparral, shrubland, forests, waters,
wetlands, natural resources, trails, public access facilities, fisheries, and wildlife populations in coastal areas, and protect water quality. Priority shall be given to local assistance projects that address sea level rise and that help coastal communities and coastal watersheds increase resilience to the impacts of climate change.80261.
Of the funds provided by Section 80260, one hundred million dollars ($100,000,000) shall be available to the State Coastal Conservancy for projects that are consistent with the San Francisco Bay Restoration Authority Act (Title 7.25 (commencing with Section 66700) of the Government Code), including, but not limited to, projects that address sea level rise, flood management, and wetland restoration.80262.
(a) Of the funds provided by Section 80260, the sum of three hundred sixty seven hundred million dollars ($360,000,000) ($700,000,000) shall be available for projects identified by the State Coastal Conservancy.(b) For projects funded pursuant to this section, the State Coastal Conservancy shall have made one or more of the findings
required in Section 80206. Projects funded pursuant to this section may include projects for the purposes of the San Francisco Bay Area Conservancy Program established pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21 and the Santa Ana River Conservancy Program, established pursuant to Chapter 4.6 (commencing with Section 31170) of Division 21.
(c) Of the amount made available by subdivision (a), five thirty million dollars ($5,000,000) ($30,000,000) shall be available to restore
and protect coastal habitat, dunes, wetlands, uplands, and estuary conditions, or forest habitat associated with estuarine and designated wildlife areas. areas, including coastal conservation aquaculture for native California marine plants and wildlife in designated areas.
(d) Of the amount made available by
subdivision (a), one hundred million dollars ($100,000,000) shall be available for the restoration of coastal land for public uses on surplus land for formerly fossil-fueled powerplants.
80263.
Of the funds provided in Section 80260, fifty million dollars ($50,000,000) shall be available for deposit into the California Ocean Protection Trust Fund for grants consistent with Section 35650 to increase resilience from the impacts of climate change. Priority shall be given to projects that conserve, protect, and restore marine wildlife, healthy ocean and coastal ecosystems including, but not limited to, estuarine and kelp forest habitat, the state’s system of marine protected areas, and sustainable fisheries.80264.
Of the funds provided in Section 80260, ten million dollars ($10,000,000) shall be available for projects identified by the Department of Fish and Wildlife to implement climate-ready fisheries management approaches that expand opportunities for experimentation and adaptive cooperative management, and to implement modernized electronic fisheries data management systems and increase the use of electronic technologies to improve fisheries management responses and resiliency under changing ocean conditions.80265.
Of the funds provided in Section 80260, ten million dollars ($10,000,000) shall be available for projects identified by the Department of Fish and Wildlife to support the management of kelp ecosystems. Funds shall be used for the ongoing monitoring of kelp ecosystems and for the implementation of an adaptive kelp management plan.80266.
Of the funds provided in Section 80260, one hundred million dollars ($100,000,000) shall be allocated to the State Coastal Conservancy for grants to remove or upgrade outdated or obsolete dams and water infrastructure. Projects may also install infrastructure to increase climate resilience, enhance sediment supply, improve wildlife and fish passage, and modernize water infrastructure, including related planning, permitting, habitat restoration, and recreational improvements. Funds for planning, monitoring, and implementation of projects pursuant to this section may exceed 10 percent of the funds allocated if the State Coastal Conservancy determines there is a need for the additional funding.80267.
Projects funded pursuant to this chapter shall be consistent with the sea level rise policies and guidelines established by the California Coastal Commission, Ocean Protection Council, San Francisco Bay Conservation and Development Commission, and State Coastal Conservancy, if applicable.
CHAPTER
8. Fiscal Provisions
80400.
(a) Bonds in the total amount of four billion one hundred eighty-nine million dollars ($4,189,000,000) five billion five hundred ten million dollars ($5,510,000,000), not including the amount of any refunding bonds issued in accordance with Section 80412, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, issued, and delivered, shall be and
constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable.(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
80401.
The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as amended from time to time, and all of the provisions of that law, except subdivisions (a) and (b) of Section 16727 of the Government Code, apply to the bonds and to this division. 80402.
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), of the bonds authorized by this division, the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Finance Committee is hereby created. For purposes of this division, the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law.(b) The committee consists of the Director of
Finance, the
Treasurer, the Controller, the Secretary of the Natural Resources Agency, the Director of State Planning and Research, and the executive director of the Strategic Growth Council. Notwithstanding any other law, any member may designate a representative to act as that member in that member’s place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as the chairperson of the committee.
(d) A majority of the committee may act for the committee.
80403.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 80404.
For purposes of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency. 80405.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. 80406.
Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division, and without regard to fiscal years an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out the provisions of Section 80409.
80407.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80412, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 80409 and not yet returned to the General Fund. The board
shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this division. 80408.
Notwithstanding any other provision of this division, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action
with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 80409.
For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80412, less any amount loaned pursuant to Section 80407 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this division. Any moneys made available under this section shall be returned to the General Fund, with interest at the
rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division. 80410.
All moneys deposited in the fund that are derived from premiums and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premiums may be reserved and used to pay the cost of bond issuance before any transfer to the General Fund. 80411.
Pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), the cost of bond issuance shall be paid or reimbursed out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be allocated proportionally to each program funded through this division by the applicable bond sale. 80412.
The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this division shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that
refunded bond. 80413.
The proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article. 80414.
Notwithstanding Section 16727 of the Government Code, funds provided pursuant to this division may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code related to projects that are consistent with the purpose of the respective provisions of this division.