Bill Text: CA AB352 | 2019-2020 | Regular Session | Amended
Bill Title: Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-08-14 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. [AB352 Detail]
Download: California-2019-AB352-Amended.html
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Amended
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Senate
August 14, 2019 |
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Amended
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Assembly
May 20, 2019 |
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Amended
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Assembly
March 14, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 352
| Introduced by Assembly Member Eduardo Garcia |
February 04, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
AB 352, as amended, Eduardo Garcia.
California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: grant programs and Transformative Climate Communities Program. Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020.
Under existing law, programs have been established pursuant to bond acts for, among other things, drought, water, parks, climate, coastal protection, and outdoor access for all.
This bill would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $3,920,000,000 pursuant to the State General Obligation Bond Law to finance a wildlife prevention, safe drinking water, drought preparation, and flood protection program.
The bill would provide for the submission of these provisions to the voters at the November 3, 2020, statewide general election.
The bill would provide that its provisions are severable.
(1)The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.
This bill, beginning July 1, 2020, would require state agencies administering competitive grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to give specified communities preferential points during grant application scoring for
programs intended to improve air quality, to include a specified application timeline.
This bill would require the Department of Finance to include in an annual report to the Legislature specified information on the applications received for each grant program allocating moneys from the Greenhouse Gas Reduction Fund.
(2)Existing law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. Existing law requires the council to award competitive grants to specified eligible entities for the development and implementation of neighborhood-level transformative climate community plans that include greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities, as defined. Existing law authorizes the council, when awarding grants under the program, to give priority to plans and projects that cover areas that have a high proportion of census tracts identified as disadvantaged communities and that focus on communities that are most disadvantaged.
This bill would additionally authorize the council, when awarding grants under the program, to give priority to plans and projects covering areas that have a high proportion of census tracts identified as
low-income communities, as defined. The bill would authorize applicants from the Counties of Imperial and San Diego to include daytime population numbers in their grant applications.
The bill would prohibit the council when adopting the program’s guidelines from limiting the geographic boundaries of a project to a number of square miles.
(3)In regards to a certain amendment, this bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial and San Diego.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 47 (commencing with Section 80200) is added to the Public Resources Code, to read:DIVISION 47. WILDFIRE PREVENTION, SAFE DRINKING WATER, DROUGHT PREPARATION, AND FLOOD PROTECTION BOND ACT OF 2020
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.
(a) In expending funds pursuant to this division, an administering state agency shall give priority 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 change impacts while promoting long-term resilience.
(2) Promote equity, foster community resilience, and protect the most vulnerable by
meaningfully benefiting disadvantaged communities and vulnerable populations.
(3) Incorporate natural and green infrastructure solutions that enhance and protect natural resources 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 maladaptive solutions that would likely worsen climate change impacts or transfer risks unreasonably from one area, 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 real property.
(c) A project funded 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.
80202.
For purposes of this division, the following definitions apply:(a) “Air board” means the State Air Resources Board.
(b) “Committee” means the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Finance Committee created pursuant to Section 80272.
(c) “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 communication related to
water, parks, climate, coastal protection, and other outdoor pursuits.
(d) “Conservation actions on private lands” means projects with willing landowners that involve the adaptive, flexible 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 managed dynamically over time, contribute to the long-term health and resilience of vital ecosystems and ecosystem services, and enhance fish and wildlife populations.
(e) “Department” means the Department of Parks and Recreation.
(f) “Disadvantaged community” means a community with a median household income less than 80 percent of the statewide average.
(g) “Fire
hardening” means all costs, including costs of design, preparation, and inspection, incurred as a result of the following:
(1) Replacing or installing all 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.
(2) Tree removal and trimming within 100 feet of an eligible building.
(h) “Fund” means the Wildfire
Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Fund created pursuant to Section 80215.
(i) “Groundwater sustainability agency” has the same meaning as defined in Section 10721 of the Water Code.
(j) “Heavily urbanized city” means a city with a population of 300,000 or more.
(k) “Heavily urbanized county” means a county with a population of 3,000,000 or more.
(l) “Interpretation” includes, but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may use educational materials in multiple languages, digital information in multiple languages, and the expertise of a naturalist or other skilled
specialist.
(m) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(n) “Protection” means any of the following:
(1) Actions necessary to prevent harm or damage to persons, property, or natural, cultural, or historic resources.
(2) Actions to improve access to public open spaces.
(3) Actions to allow the continued use and enjoyment of property or natural, cultural, or historic resources, including site monitoring, acquisition, development, restoration, preservation, and interpretation.
(o) “Resilience” means the
ability to prevent, cope with, adapt to, or recover from disturbances, including those caused as a result of increased climate-related risk.
(p) “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, projects for the control of erosion, stormwater capture and storage or capture to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resources. “Restoration” includes activities described in subdivision (b) of Section 79737 of the
Water Code.
(q) “Severely disadvantaged community” means a community with a median household income less than 60 percent of the statewide average.
(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.
(s) “Vulnerable population” means a subgroup of a population within a region or community that faces disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from, those impacts.
(t) “Water board” means the State Water Resources Control Board.
80203.
An amount that equals not more than 5 percent of the funds allocated for a program funded pursuant to this division may be used to pay the administrative costs of that program.80204.
(a) Except as provided in subdivision (b), up to 10 percent of funds allocated for each program funded pursuant to this division may be expended, including, but not limited to, by grants, 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. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this division. Monitoring may include measuring greenhouse gas emission reductions and carbon sequestration associated with program expenditures under this division.(b) Funds used for planning projects that benefit disadvantaged communities or severely disadvantaged communities may exceed 10 percent of the funds allocated if the administering state agency determines that there is a need for the additional funding.
(c) (1) For purposes of Chapter 3 (commencing with Section 80235), Chapter 4 (commencing with Section 80245), Chapter 5 (commencing with Section 80250), Chapter 6 (commencing with Section 80255), Chapter 7 (commencing with Section 80260), or Chapter 8 (commencing with Section 80265), at least 20 percent of the funds available pursuant to each chapter of this division shall be allocated for projects serving severely disadvantaged communities.
(2) For purposes of Chapter 2 (commencing with
Section 80220), at least 15 percent of the funds available pursuant to that chapter shall be allocated for projects serving severely disadvantaged communities.
(d) (1) Except as provided in paragraph (2), an administering state agency may allocate up to 10 percent of the funds available pursuant to each chapter of this division for technical assistance to disadvantaged communities. Each administering state agency shall operate a multidisciplinary technical assistance program for disadvantaged communities.
(2) Funds used for providing technical assistance to disadvantaged communities may exceed 10 percent of the funds allocated for a chapter if the state agency administering the available moneys determines that there is a need for additional funding.
(e) An administering state agency shall
allocate up to 5 percent of the funds available pursuant to each chapter of this division for community access projects that are in combination with or otherwise related to a project funded by this division. A community access project may include, but is not limited to, the following:
(1) Transportation.
(2) Physical activity programming.
(3) Resource interpretation.
(4) Multilingual translation.
(5) Natural science.
(6) Workforce development and career pathways.
(7) Education.
(8) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits.
80205.
(a) Before disbursing grants pursuant to this division, each state agency that receives funding to administer a competitive grant program under this division shall do all of the following:(1) (A) Develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(B) Guidelines adopted
pursuant to this subdivision shall encourage, where feasible, inclusion of the following project components:
(i) Efficient use and conservation of water supplies.
(ii) Use of recycled water.
(iii) The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(iv) Provision of safe and reliable drinking water supplies to park and open-space visitors.
(2) Conduct three public meetings to consider public comments before finalizing the project solicitation and evaluation guidelines. The state agency shall
publish the draft project solicitation and evaluation guidelines on its internet website at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(3) For statewide competitive grant programs, submit the project solicitation and evaluation guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this division. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agency’s internet website.
(4) Upon adoption, transmit copies of the project solicitation and evaluation guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program and project guidelines and selection criteria adopted pursuant to this division.
80206.
(a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the agency’s internet website in a downloadable spreadsheet format. The spreadsheet shall include information about the location and footprint of each funded project, the project’s objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable chapter of this division pursuant to which the grant recipient received moneys.(b) If an audit, required by statute, of any entity that receives funding authorized by this division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c) The state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant.
(d) The costs associated with the publications, audits, statewide bond tracking, cash management, and related oversight activities provided for in this section shall be funded from this division. These costs shall be shared proportionally by each program
through this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the funds authorized in this division.
80207.
If any moneys allocated pursuant to this division are not encumbered or expended by the recipient entity within the time period specified by the administering state agency, the unexpended moneys shall revert to the administering state agency for allocation consistent with the applicable chapter.80208.
To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division.80209.
To the extent feasible, a project that includes water efficiencies, stormwater capture for infiltration or reuse, or carbon sequestration features in the project design may be given priority for grant funding under this division.80210.
(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.
80211.
To the extent feasible in implementing this division, a state agency receiving funding under this division shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Projects on private lands shall be evaluated based on the durability of the benefits created by the investment. Funds may be used for payments for the protection or creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species, including through the development and implementation of habitat credit exchanges.80212.
A state agency that receives funding to administer a grant program under this division shall report to the Legislature by January 1, 2030, on its expenditures pursuant to this division and the public benefits received from those expenditures.80213.
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.80214.
For grants awarded for projects that serve a disadvantaged community or severely disadvantaged community, the administering state agency may provide advanced payments in the amount of 25 percent of the grant award to the recipient, including state-related entities, to initiate the project in a timely manner. The administering state agency shall adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.80215.
(a) The proceeds of bonds issued and sold pursuant to this division, exclusive of refunding bonds issued and sold pursuant to Section 80282, 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 shall be available, upon appropriation by the Legislature, for purposes of this division.(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) One billion two hundred fifty million dollars ($1,250,000,000) for wildfire, flood, drought, or other natural disaster prevention and community
resilience from climate change impacts, in accordance with Chapter 2 (commencing with Section 80220).
(2) Nine hundred twenty-five million dollars ($925,000,000) for providing safe drinking water and protecting water supply and water quality from climate risks, in accordance with Chapter 3 (commencing with Section 80235).
(3) Seven hundred twenty-five million dollars ($725,000,000) for the creation and expansion of safe neighborhood parks in park-poor neighborhoods, in accordance with Chapter 4 (commencing with Section 80245).
(4) Four hundred seventy-five million dollars ($475,000,000) for protecting fish and wildlife from climate risks, in accordance with Chapter 5 (commencing with Section 80250).
(5) One hundred million dollars ($100,000,000) for
protecting agricultural land from climate risks, in accordance with Chapter 6 (commencing with Section 80255).
(6) Two hundred fifteen million dollars ($215,000,000) for protecting coastal lands, oceans, bays, waters, natural resources, and wildlife from climate risks, in accordance with Chapter 7 (commencing with Section 80260).
(7) Two hundred thirty million dollars ($230,000,000) for climate resilience, workforce development, and education, in accordance with Chapter 8 (commencing with Section 80265).
80216.
The Legislature may enact legislation necessary to implement programs funded by this division.CHAPTER 2. Wildfire Prevention and Community Resilience from Climate Change Impacts
80220.
The sum of one billion two hundred fifty million dollars ($1,250,000,000) shall be available, upon appropriation by the Legislature, for community wildfire protection, the restoration of areas impacted by wildfire, flood, drought, or other natural disaster, natural disaster prevention, community climate resilience, and other specified climate-related purposes.80221.
Of the funds made available pursuant to Section 80220, one hundred twenty-five million dollars ($125,000,000) shall be available to the Office of Emergency Services for purposes of this section. Eligible projects include, but are not limited to, grants to public agencies, joint powers authorities, nonprofit organizations, and tribes, for revegetation, invasive plant control, and other projects to reduce erosion, flood, debris flow, and mudslide risk; cleanup of damaged or hazardous sites; upgrades to damaged or destroyed infrastructure to enhance public safety and make the infrastructure more resilient to future fire, flood, and other natural disasters; and habitat restoration on both public and private lands. Funds authorized by this chapter may be used to meet matching grant requirements of the Federal Emergency Management Agency or other federal mitigation and resilience grant programs.80222.
Of the funds made available pursuant to Section 80220, one hundred seventy-five million dollars ($175,000,000) shall be available to the Office of Emergency Services for a prehazard mitigation grant program. The prehazard mitigation grant program shall be allocated to assist local and state agencies and tribes to leverage additional funds, including matching grants from federal agencies. Eligible projects include, but are not limited to, any of the following:(a) Grants to local and 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 and state agencies, joint
powers authorities, and tribes for improvements to detection, warning, and evacuation systems, emergency notification systems, and fire and disaster response communication and infrastructure.
(c) Grants to local and state agencies, resource conservation districts, joint powers authorities, fire safe councils, tribes, and nonprofit organizations for development and implementation of community wildfire protection plans that promote and incentivize structural and community retrofit projects, defensible space, fuel breaks, and other projects to improve fire resilience.
(d) Grants to local and state agencies, tribes, joint powers authorities, resource conservation districts, fire safe councils, and nonprofit organizations for fire hardening projects, risk reduction buffers, and incentives to remove vulnerable structures in hazard zones.
80223.
Of the funds made available pursuant to Section 80220, seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency and its departments, boards, and conservancies to support community fire prevention and fire resilience programs. Eligible projects include, but are not limited to, either of the following:(a) Restoration of natural ecosystem functions near communities in high fire hazard areas with preference given to those projects that provide multiple benefits, including, but not limited to, protection of agricultural and natural lands for fuel breaks, habitat protection and restoration, open-space access, watershed improvement, and invasive species removal, and that use prescribed fire and science-based vegetation treatment
programs to reduce wildfire risk and protect lives and property.
(b) Grants to local and state agencies, tribes, nonprofit organizations, joint powers authorities, fire safe councils, and resource conservation districts for development and implementation of community wildfire protection plans, and projects that reduce the risk of wildfires to habitable structures and communities.
80224.
Of the funds made available pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency for the implementation of the Regional Forest and Fire 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.
Of the funds made available pursuant to Section 80220, one hundred fifty million dollars ($150,000,000) 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, riparian habitat, coastal forests, and other habitat types to ensure the long-term ecological health of these natural systems, to reduce the risk of extreme wildfires, floods, and other climate change 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 protection and restoration and shall be undertaken to protect and restore ecological values, including multibenefit ecological services, and to promote conditions that are more resilient to wildfire, climate change, and other disturbances. Projects may, where appropriate, include activities on lands owned by the United States. Eligible projects include, but are not limited to, any of the following:(a) Protection and restoration of large, intact forests and other natural landscapes, prevention of forest fragmentation through subdivision, and restoration of natural fire regimes and climate resilient conditions.
(b) Restoration of the ecological health and resilience of forests through active forest management and prescribed fire. Priority shall be given to improvement of forest and ecosystem resilience that results in multiple watershed benefits, including through the Sierra Nevada Watershed Improvement Program established pursuant to Section 33345.1.
(c) (1) Infrastructure and technology projects to increase forest health. Not less than fifty million dollars ($50,000,000) shall be allocated to the air board for pilot projects and incentives for innovative forest products technology that reduce greenhouse gas emissions and contribute to meeting California’s greenhouse gas emissions reduction goals. The air board shall consult with the Natural Resources Agency and the Department of Forestry and Fire Protection in the implementation of this subdivision.
(2) Eligible projects under this subdivision include projects consistent with recommendations developed pursuant to Sections 717 and 4630.2.
(d) Establishment of regional forest and ecosystem restoration projects that include plant nurseries, reforestation, landscape-scale planning, and
revegetation projects, to promote climate-resilient ecosystems in climate-stressed areas.
(e) Twenty-five million dollars ($25,000,000) shall be allocated for the establishment of a Forest Carbon Monitoring Program that includes any of the following projects:
(1) Mapping of current carbon storage and sequestration patterns by collecting field plots and high-resolution airborne light detection and ranging (LiDAR).
(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) 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 pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the department 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 pursuant to Section 80220, one hundred thirty million dollars ($130,000,000) shall be available for 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: six million dollars ($6,000,000).
(b) California Tahoe Conservancy: thirteen million dollars ($13,000,000).
(c) Coachella Valley Mountains Conservancy: ten million dollars ($10,000,000).
(d) Sacramento-San Joaquin Delta
Conservancy: fifteen million dollars ($15,000,000).
(e) San Diego River Conservancy: fifteen million dollars ($15,000,000).
(f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy: twenty-five million dollars ($25,000,000).
(g) San Joaquin River Conservancy: six million dollars ($6,000,000).
(h) Santa Monica Mountains Conservancy: twenty-five million dollars ($25,000,000).
(i) Sierra Nevada Conservancy: fifteen million dollars ($15,000,000).
80228.
(a) Of the funds made available pursuant to Section 80220, two hundred ninety-five million dollars ($295,000,000) shall be available to make communities in urban areas and vulnerable populations more resilient to the impacts of climate change, including any of the following:(1) Multibenefit green 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, and facilities 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 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.
(b) (1) At least 60 percent of the funds available pursuant to this section or described in Section 80229 shall be allocated to projects that provide direct and meaningful benefits to disadvantaged communities. At least one-third of that amount shall be allocated to projects that benefit severely disadvantaged communities.
(2) Projects that receive funding pursuant to this section or Section 80229 shall include robust public engagement and outreach plans that prioritize the engagement of disadvantaged communities and vulnerable populations, as applicable.
80229.
(a) Of the funds available pursuant to Section 80228, sixty-five million dollars ($65,000,000) 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.(b) Of the funds available pursuant to Section 80228, fifty million dollars ($50,000,000) shall be allocated, pursuant to Division 22.8 (commencing with Section 32600), for implementing projects consistent with the Lower Los Angeles River Revitalization Plan.
(c) Of the funds available pursuant to Section 80228, fifty million dollars ($50,000,000) shall be
allocated, pursuant to Division 23 (commencing with Section 33000), for projects that are a part of the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220.
(d) Of the funds available pursuant to Section 80228, twenty-four million dollars ($24,000,000) shall be allocated for projects, including, but not limited to, expansion of access corridors to encourage fewer greenhouse gas emissions, expansion of green spaces to reduce urban heat islands and air particulate pollution, and expansion of ecosystem-based water management projects. The funds described in this subdivision shall be allocated as follows:
(1) Twelve million dollars ($12,000,000) pursuant to Division 22.8 (commencing with Section 32600).
(2) Twelve million dollars ($12,000,000) pursuant to
Division 23 (commencing with Section 33000).
80230.
(a) Of the funds made available pursuant to Section 80220, one hundred million dollars ($100,000,000) shall be available to the Strategic Growth Council to fund the development and implementation of regional and subregional climate 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) Of the funds made available pursuant to this section, not less than fifty million dollars ($50,000,000) shall be allocated for the implementation of regional climate strategies. 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, and tribes from each region of the state to determine appropriate geographic boundaries for regional and subregional climate strategies. The formation of the regions may be based on, or adapted from, the Regional Forest and Fire Capacity Program and shall cover the entire geographic area of California.
(2) The Strategic Growth Council shall award funding pursuant to this subdivision to state conservancies, regional climate collaboratives, joint powers authorities, and other public agencies from each region to implement paragraph (1).
(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 and complementary opportunities for greenhouse gas emissions reductions. Relevant regional or local plans may be used to develop the assessment.
(c) In implementing this section, the Strategic Growth Council shall collaborate and consult with relevant agencies to develop grant guidelines that advance 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. Safe Drinking Water and Protecting Water Supply and Water Quality from Climate Risks
80235.
The sum of nine hundred twenty-five million dollars ($925,000,000) shall be available, upon appropriation by the Legislature, for the protection of California’s water resources.80236.
An eligible applicant under this chapter is a public agency, joint powers authority, nonprofit organization, public utility, tribe, or mutual water company. To be eligible for funding under this chapter, a project proposed by a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.80237.
Of the funds made available pursuant to Section 80235, two hundred seventy-five million dollars ($275,000,000) shall be available for the protection of California’s water supply and water quality. Eligible projects include, but are not limited to, any of the following:(a) (1) Safe drinking water projects that are consistent with Section 79724 of the Water 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.
(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) 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 floodwaters for recharge purposes.
(2) (A) Eligible projects pursuant to this subdivision shall include recharge projects that reduce contaminant loading to groundwater or dilute existing groundwater contamination.
(B) Projects described by this paragraph shall not cause or contribute to increased contamination of groundwater supplies used by disadvantaged communities.
(C) Preference shall be given to projects that benefit disadvantaged communities.
(f) Projects that improve water data collection, monitoring, and management to enhance the quality and availability of water data.
(g) Projects to reduce groundwater consumption and to restore habitat in groundwater basins subject to the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code). Grants may be for protection and habitat restoration consistent with a groundwater sustainability plan or an alternative approved by the Department of Water
Resources.
80238.
(a) Of the funds made available pursuant to Section 80235, one hundred million dollars ($100,000,000) shall be available to the Wildlife Conservation Board 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).(b) (1) Of the funds described in this section, seventy-five million dollars ($75,000,000) shall be allocated for the creation, protection, or restoration of permanent wildlife habitat.
(2) Of the funds described in this section, ten million dollars ($10,000,000) shall be allocated for
contracts for seasonal wetland habitat that provide aquifer replenishment.
(3) Of the funds described in this section, ten million dollars ($10,000,000) shall be allocated for projects that improve groundwater supply. Projects may include groundwater recharge, improved baseflows in rivers and streams, and groundwater supply improvement for fish and wildlife habitat. Any groundwater supply benefits shall remain in the basin to support sustainable groundwater conditions.
80239.
Of the funds made available pursuant to Section 80235, three hundred million dollars ($300,000,000) 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, any of the following:(a) Multibenefit river and urban stream parkway projects that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and provide urban access.
(b) One hundred eighty-five million dollars ($185,000,000) shall be
available to the Salton Sea Authority and allocated as follows:
(1) One hundred seventy-five million dollars ($175,000,000) for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resources Agency’s Salton Sea Management Program.
(2) Ten million dollars ($10,000,000) for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
(c) Multibenefit watershed protection or restoration projects that improve climate resilience within the Los Angeles River watershed and the San Gabriel River watershed and are implemented pursuant to Section 79508 of the Water Code.
80240.
Of the funds made available pursuant to Section 80235, one hundred fifty million dollars ($150,000,000) 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, projects connecting rivers with flood plains, enhancement of flood plains and bypasses, offstream groundwater recharge, 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. Eligible projects include any of the following:(a) 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.
(b) Natural infrastructure projects to reduce flood intensity and slow watershed runoff.
(c) Projects that capture, clean, or otherwise productively use stormwater.
(d) 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 resilience funding.
(e) Projects that provide benefits to fish, waterfowl, wildlife, and anadromous and other native fish species along migratory corridors.
(f) Projects that restore streams to a more natural state by removing drainage obstructions, culverts, and paved channels to enable more stormwater to be absorbed and gradually released by soil and plants.
(g) Of the funds made available pursuant to this section, at least fifty million dollars ($50,000,000) shall be allocated for multibenefit flood management projects in urban coastal watersheds.
80241.
Of the funds made available pursuant to Section 80235, one hundred million dollars ($100,000,000) shall be available for recycled water projects pursuant to Section 79140 of the Water Code.CHAPTER 4. Investments in Green and Social Equity, Enhancing California’s Disadvantaged Communities
80245.
(a) The sum of seven hundred twenty-five million dollars ($725,000,000) shall be available to the department, upon appropriation by the Legislature, for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008’s competitive grant program described in Chapter 3.3 (commencing with Section 5640) of Division 5.(b) When developing or revising criteria or guidelines for the grant program, the department may give additional consideration to projects that incorporate stormwater capture and storage or otherwise reduce stormwater pollution.
(c) The department shall perform
its due diligence by conducting a rigorous prequalification process to determine the fiscal and operational capacity of a potential grant recipient to manage a project to do both of the following:
(1) Maximize the project’s public benefit.
(2) Implement the project in a timely manner.
80246.
Of the amount available pursuant to subdivision (a) of Section 80245, not less than 20 percent shall be available for the rehabilitation, repurposing, or substantial improvement of existing park infrastructure in communities of the state that will lead to increased use and enhanced user experiences.80247.
Of the amount available pursuant to subdivision (a) of Section 80245, to correct historic underinvestments in the central valley, the Inland Empire, and gateway, rural, and desert communities, forty-eight million dollars ($48,000,000) shall be available for local park creation and improvement grants to the communities identified by the department as park deficient within those areas for active recreational projects, including aquatic centers, to encourage youth health, fitness, and recreational pursuits. Projects that include the partial or full donation of land, materials, or volunteer services and that demonstrate collaborations of multiple entities and the leveraging of scarce resources may be given consideration. Entities that receive a grant under this section may also be eligible to receive other grants under subdivision (a) of Section 80245.CHAPTER 5. Protecting Fish and Wildlife from Climate Risks
80250.
The sum of four hundred seventy-five million dollars ($475,000,000) shall be available, upon appropriation by the Legislature, 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 restoration and stewardship projects that restore or manage the land or habitat to improve its resilience to climate impacts and natural disasters. Eligible projects include, but are not limited to, any of the following:(a) Projects to enhance wildlife habitat, recognizing the highly variable habitat needs required by fish and wildlife. Eligible projects include acquisition of water or water rights from willing sellers,
acquisition of land that includes water rights or contractual rights to water, short- or long-term water transfers and leases, projects that provide water for fish and wildlife, projects that improve aquatic or riparian habitat conditions, or projects to benefit salmon and steelhead.
(b) Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway.
(c) Land acquisition projects that protect land from development.
(d) The provision of hunting and other wildlife-dependent recreational opportunities to the public through voluntary agreement with private landowners, including opportunities pursuant to Section 1572
of the Fish and Game Code.
(e) Incentives, matching grants, and technical assistance for private landowners to implement conservation actions.
(f) Acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this subdivision shall not be used to offset mitigation obligations otherwise required, but may be used as part of a funding partnership to enhance, expand, or augment conservation efforts required by mitigation.
(g) Projects for the
development and implementation of regional conservation investment strategies that are not otherwise funded by the state pursuant to Section 800 of the Streets and Highways Code.
(h) Restoration activities to control or eradicate invasive plants or insects that degrade wildlife corridors or habitat linkages, inhibit the recovery of threatened or endangered species, or reduce the climate resilience of a natural system and species.
(i) Protection and restoration of redwood forests in order to accelerate old growth characteristics, maximize carbon sequestration, improve water quality, and build climate resilience.
CHAPTER 6. Protecting Agricultural Lands from Climate Risks
80255.
The sum of one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, for purposes of this chapter.80256.
Of the funds made available pursuant to Section 80255, fifty million dollars ($50,000,000) shall be available to the Department of Food and Agriculture for improvements in climate resilience of agricultural lands and ecosystem health and allocated to eligible projects as follows:(a) Twenty million dollars ($20,000,000) for grants to promote practices on farms and ranches that improve soil health, improve water quality, enhance groundwater recharge and surface water supplies, and improve fish and wildlife habitat. At least 35 percent of the funds allocated pursuant to this subdivision shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in disadvantaged communities. Priority shall be given to small- and medium-sized
farms.
(b) Twenty million dollars ($20,000,000) for grants to promote on-farm water use efficiency with a focus on multibenefit projects that improve groundwater management, climate resiliency, water quality, surface water use efficiency, drought and flood tolerance, or water supply and water quality conditions for fish and wildlife. At least 35 percent of the funds allocated pursuant to this subdivision shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in disadvantaged communities. Priority shall be given to small- and medium-sized farms.
(c) Ten million dollars ($10,000,000) to be deposited in the Invasive Species Account established pursuant to Section 7706 of the Food and Agricultural Code for purposes of funding invasive species projects and activities recommended by the Invasive Species Council of California. Priority shall be
given to projects that restore and protect ecosystem health.
80257.
Of the funds made available pursuant to Section 80255, fifty million dollars ($50,000,000) shall be available to the Department of Conservation for the protection, restoration, and enhancement of farmland and rangeland, including the acquisition of fee titles or easements, that improve climate resilience, open-space soil health, carbon soil sequestration, erosion control, watershed restoration, conservation projects, water quality, water retention, and provide multiple benefits. In awarding funds for farmland and rangeland projects pursuant to this section, the Department of Conservation shall give preference to projects for small- and medium-sized farms. At least 35 percent of the funds allocated pursuant to this section shall be allocated to projects that provide direct and meaningful benefits to farmers and ranchers in severely disadvantaged communities.CHAPTER 7. Protecting Coastal Lands, Bays, and Oceans from Climate Risks
80260.
The sum of two hundred fifteen million dollars ($215,000,000) shall be available, upon appropriation by the Legislature, for the protection and restoration of coastal and ocean resources from the impacts of climate change and ocean acidification. Eligible projects include, but are not limited to, projects to restore coastal and ocean ecosystems, beaches, bluffs, grassland, chaparral, shrubland, forests, wetlands, coastal marshes, estuaries, marine habitat, and wildlife in coastal areas from climate impacts.80261.
(a) Of the funds made available pursuant to Section 80260, eighty million dollars ($80,000,000) shall be available to the State Coastal Conservancy for projects to protect, restore, and increase the resilience of beaches, bays, coastal dunes, wetlands, coastal forests, and coastal watershed resources pursuant to Division 21 (commending with Section 31000), including land acquisition. Twenty-five percent of this amount shall be available for the San Francisco Bay Area Conservancy Program pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21.(b) Of the funds made available pursuant to Section 80260, thirty-five million dollars ($35,000,000) 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 for grants pursuant to this subdivision shall be given to projects that conserve, protect, and restore marine wildlife and healthy ocean and coastal ecosystems with a focus on the state’s system of marine protected areas and sustainable fisheries.
(c) Of the funds made available pursuant to Section 80260, twenty million dollars ($20,000,000) shall be available to the State Coastal Conservancy for grants and expenditures for the protection, restoration, and improvement of coastal forest watersheds, including managed forest lands, forest reserve areas, redwood forests, and other forest types. Eligible project types shall include projects that improve water quality and supply, increase coastal watershed storage capacity, reduce fire risk, provide habitat for fish and wildlife, or improve coastal forest
health.
80262.
Projects funded pursuant to this chapter shall be consistent with the sea level rise policies and guidelines established by the California Coastal Commission, the Ocean Protection Council, the San Francisco Bay Conservation and Development Commission, and the State Coastal Conservancy, if applicable.CHAPTER 8. Climate Resilience, Workforce Development, and Education
80265.
(a) The sum of two hundred thirty million dollars ($230,000,000) shall be available, upon appropriation by the Legislature, for climate resilience and natural disaster prevention and restoration projects and programs that promote workforce development, and career pathway opportunities for careers in fire prevention and management, watershed restoration, forestry, prescribed fire management, forest and vegetation management, invasive plant management, park and open space operations and management, fisheries management, nature-based recreation and tourism, sustainable forest products industries, and sustainable agriculture. In allocating the funds, an administering state agency shall give priority to programs and projects that prioritize workforce development opportunities for low-income residents.(b) (1) Of the moneys made available pursuant to this section, up to thirty million dollars ($30,000,000) shall be available to the California Conservation Corps for the purposes specified in subdivision (a).
(2) The California Conservation Corps shall expend at least 50 percent of the funds made available pursuant to paragraph (1) as grants to certified local conservation corps for the purposes specified in subdivision (a).
CHAPTER 9. Fiscal Provisions
80270.
(a) Bonds in the total amount of three billion nine hundred twenty million dollars ($3,920,000,000), not including the amount of any refunding bonds issued in accordance with Section 80282, 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.
80271.
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 apply to the bonds and to this division.80272.
(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 Bond Finance Committee is hereby created. For purposes of this division, the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond 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, and the Secretary of the Natural Resources Agency.
Notwithstanding any other law, any member may designate a representative to act as that member in their 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.
80273.
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.80274.
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.80275.
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.80276.
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 necessary annually 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 Section 80279.
