SECTIONS 79120-79133 - California Statutes

WATER CODE

SECTION 79120-79133

79120. Unless the context otherwise requires, the following
definitions govern the construction of this article:
(a) "Eligible project" means a project or activity described in
paragraph (1), (2), (3), or (4) of subdivision (a) of Section 13480
that is all of the following:
(1) Necessary to prevent water pollution, reclaim water, or
improve water quality.
(2) Eligible for funds from the State Revolving Fund Loan
Subaccount or federal assistance.
(3) Certified by the board as entitled to priority over other
eligible projects.
(4) Complies with applicable water quality standards, policies,
and plans.
(b) "Federal assistance" means money provided to a municipality,
either directly or through allocation by the state, from the federal
government to construct eligible projects pursuant to the Clean Water
Act.
(c) "Municipality" has the same meaning as defined in the Clean
Water Act and also includes the state or any agency, department, or
political subdivision thereof, and applicants eligible for technical
assistance under Section 319 (33 U.S.C. Sec. 1329) or grants under
Section 320 of the Clean Water Act (33 U.S.C. Sec. 1330).
(d) "Small community" means a municipality with a population of
10,000 persons or less, or a reasonably isolated and divisible
segment of a larger municipality where the segment of the population
is 10,000 persons or less, with a financial hardship as determined by
the board.
(e) "Treatment works" has the same meaning as defined in the Clean
Water Act.

79121. There is hereby created in the account all of the following
subaccounts:
(a) The State Revolving Fund Loan Subaccount.
(b) The Small Communities Grant Subaccount.
(c) The Wastewater Construction Grant Subaccount.

79122. The following amounts are hereby transferred from the
account to the following subaccounts and, notwithstanding Section
13340 of the Government Code, are hereby continuously appropriated,
without regard to fiscal years, to the board, as follows:
(a) Thirty million five hundred thousand dollars ($30,500,000) to
the State Revolving Fund Loan Subaccount for the purposes of
providing loans pursuant to the Clean Water Act, to aid in the
construction or implementation of eligible projects, and for the
purposes described in Section 79124.
(b) Thirty-four million dollars ($34,000,000) to the Small
Communities Grant Subaccount for grants by the board to small
communities for construction of eligible treatment works, and for the
purposes described in Section 79124.

79122.2. The sum of thirty-five million five hundred thousand
dollars ($35,500,000) is hereby transferred from the account to the
Wastewater Construction Grant Subaccount and, upon appropriation by
the Legislature to the board, may be used by the board for the
purposes of providing grants to aid in the construction of treatment
works for the Cities of Manteca, Stockton, Tracy, and Orange Cove.

79122.4. The board may transfer unallocated funds from the State
Revolving Fund Loan Subaccount to the State Water Pollution Control
Revolving Fund created pursuant to Section 13477 for the purposes of
meeting federal requirements for state matching funds to provide
loans in accordance with the Clean Water Act.

79123. The board may adopt regulations to carry out this article.

79124. The board may, by contract or otherwise, undertake plans,
surveys, research, development, and studies necessary or desirable to
carry out this article, and may prepare recommendations with regard
thereto, including the preparation of comprehensive statewide or
areawide studies and reports on the collection, treatment, and
disposal of waste, and wastewater recycling. For the purposes of this
section, "research" may include the design, acquisition,
installation, or construction of monitoring and testing equipment and
related facilities.

79125. Not more than 3 percent of the total amount deposited in
each subaccount created pursuant to this article may be used to pay
the costs incurred in connection with the administration of this
article.

79126. Not more than 2 percent of the total amount deposited in
each subaccount under this article may be used for the purposes of
Section 79124.

79127. For the purposes of implementing subdivision (a) of Section
79122, the board may make loans to municipalities, pursuant to
contract, to aid in the construction or implementation of eligible
projects.

79128. (a) For purposes of subdivision (b) of Section 79122, the
board may make grants to small communities so that any state grant
does not exceed 97 1/2 percent of the eligible cost of necessary
studies, planning, design, and construction of the eligible project
determined in accordance with applicable state law and regulations.
(b) The total amount of grants made pursuant to paragraph (2) of
subdivision (a) of Section 79122, for any single project, may not
exceed three million five hundred thousand dollars ($3,500,000).

79128.5. For the purposes of Section 79122.2, the board may make
grants for the cost of planning, design, and construction of
treatment works necessary to comply with waste discharge
requirements.

79129. Any contract entered into pursuant to this article for a
loan or grant may include provisions determined by the board, and
shall include all of the following provisions:
(a) An estimate of the reasonable cost of the project.
(b) A description of the type of assistance being offered.
(c) An agreement by the board to pay to the municipality or small
community, during the progress of the project or following
completion, as agreed upon by the parties, the amount specified in
the contract determined pursuant to applicable federal and state
laws.
(d) An agreement by the municipality or small community to proceed
expeditiously with, and complete, the project, commence operation of
the project upon completion, properly operate and maintain the
project in accordance with applicable provisions of law, and provide
for payment of its share of the costs of the project.

79130. All contracts entered into pursuant to this article for
loans or grants are subject to both of the following requirements:
(a) Municipalities seeking assistance shall demonstrate, to the
satisfaction of the board, that an adequate opportunity for public
participation regarding the project has been provided.
(b) Any election held with respect to the project shall include
the voters of the entire municipality unless the municipality
proposes to accept the assistance on behalf of a specified portion or
portions of the municipality, in which case the election shall be
held in that portion or portions of the municipality only.

79131. Any loan made pursuant to Section 79127 shall meet the
requirements of paragraph (1) of subdivision (b) of Section 13480.

79132. All principal and interest payments received pursuant to
loan contracts entered into pursuant to this article shall be
deposited in the State Revolving Fund Loan Subaccount for the
purposes of entering into additional loans under this article, and
shall not be transferred to the General Fund.

79133. (a) Notwithstanding any other provision of this article, of
the continuously appropriated funds described in subdivision (a) of
Section 79122, the sum of seven million dollars ($7,000,000) shall be
used by the Department of Toxic Substances Control for allocation to
local agencies for groundwater remediation projects.
(b) The Department of Toxic Substances Control shall adopt
regulations to carry out this section.