SECTIONS 79190-79203 - California Statutes

WATER CODE

SECTION 79190-79203

79190. Unless the context otherwise requires, the following
definitions govern the construction of this article:
(a) "CALFED Bay-Delta Program" or "program" means the undertaking
by CALFED pursuant to the Framework Agreement dated June 20, 1994, to
develop a long-term solution to water management, environmental, and
other problems in the bay-delta watershed by means of a programmatic
environmental impact statement/environmental impact report.
(b) "CALFED EIS/EIR" means the final programmatic environmental
impact statement/environmental impact report prepared by CALFED.
(c) "CALFED stage 1 action" means an action identified in the
preferred alternative of the CALFED EIS/EIR as an action intended for
implementation during stage 1 of Phase III of the CALFED Bay-Delta
Program.
(d) (1) "Eligible project" means a demonstration project, subject
to the CALFED adaptive management principle that requires an
assessment of the performance of the demonstration projects in order
to determine which projects are successful in achieving the goals of
the program.
(2) "Eligible project" means a project that meets both of the
following requirements.
(A) The project is identified in the CALFED EIS/EIR as a CALFED
stage 1 action.
(B) The project does one or more of the following:
(i) Constructs treatment facilities or relocates discharge
facilities for agricultural drainage generated within the delta to
improve water quality in the delta or the quality of water that is
transported from the delta.
(ii) Constructs facilities to control waste discharges that
contribute to low dissolved oxygen and other water quality problems
in the lower San Joaquin River and the south delta.
(iii) Constructs fish facilities for the State Water Project or
the Central Valley Project intakes in the south delta, such as
facilities for fish screens, fish handling, and fish passage, or
modifications to intake structures or other facilities, to reduce
losses of any life stages of fish to water diversions in the San
Joaquin River and the delta in accordance with paragraph (1) of
Section (C) of Chapter IV of the board's 1995 water quality control
plan.
(iv) Constructs a permanent barrier at the head of Old River to
improve fish migration and other permanent barriers in the south
delta channels to improve water quality and water level for local
diversions.
(v) Constructs facilities to control drainage from abandoned mines
that adversely affect water quality in the bay-delta.
(vi) Constructs a permanent barrier at Grantline Canal to improve
water quality and water levels for local diversion.
(e) "Subaccount" means the Bay-Delta Multipurpose Water Management
Subaccount created by Section 79194.

79191. This article does not affect the authority of any agency
pursuant to any other provision of law to expend funds for the
purposes described in this article.

79192. The Legislature hereby finds and declares all of the
following:
(a) CALFED is in the process of preparing a programmatic EIS/EIR
for a long-term comprehensive plan that will resolve problems related
to ecosystem restoration, including the recovery of endangered
species such as chinook salmon, water quality, water supply, water
management, and system integrity for the protection of beneficial
uses of the bay-delta ecosystem.
(b) The CALFED Bay-Delta Program is of statewide and national
importance. The state should participate in the funding of eligible
projects as a part of its ongoing program to improve conditions in
the bay-delta ecosystem.
(c) The programmatic EIS/EIR will include a schedule for funding
and implementing all elements of the long-term comprehensive plan.
(d) The elements of the CALFED Bay-Delta Program will achieve
balanced solutions in all identified problem areas, including the
ecosystem, water quality, water supply, and system integrity.

79193. (a) This article does not authorize the implementation of
the CALFED Bay-Delta Program or any element of that program. The
implementation of the CALFED Bay-Delta Program, or any element of
that program, shall only be undertaken pursuant to authority provided
by law other than this division.
(b) Nothing in this article affects the obligation to comply with
provisions of existing law in connection with the implementation of
this article.

79194. There is hereby created in the account the Bay-Delta
Multipurpose Water Management Subaccount.

79195. The sum of two hundred fifty million dollars ($250,000,000)
is hereby transferred from the account to the subaccount.

79196. (a) The money in the subaccount, upon appropriation by the
Legislature to the department, may be used by the department to carry
out eligible projects and for the purposes of Section 79202.
(b) Money in the subaccount that is allocated to carry out
eligible projects, as described in clauses (ii), (iv), and (vi) of
subparagraph (B) of paragraph (2) of subdivision (d) of Section
79190, and is not expended for those purposes, may be reallocated by
the department to carry out other eligible projects, as described in
clauses (i), (iii), and (v) of subparagraph (B) of paragraph (2) of
subdivision (d) of Section 79190.
(c) No funds in the subaccount shall be used by the department
unless and until the department has consulted, on an annual basis,
with the state and federal agencies that participate in CALFED, as
well as representatives of the public convened as a duly authorized
advisory committee, with regard to the specific projects proposed for
funding under this article. Decisions regarding specific
expenditures of funds provided under this article shall be jointly
determined, to the maximum extent possible, by the recommendations of
the state and federal CALFED agencies with the advice of the
advisory committee.

79196.5. The funds appropriated pursuant to Section 79196 shall be
allocated as follows:
(a) Seventeen million dollars ($17,000,000) for the purposes of
the project described in clause (i) of subparagraph (B) of paragraph
(2) of subdivision (d) of Section 79190.
(b) Forty million dollars ($40,000,000) for the purposes of the
project described in clause (ii) of subparagraph (B) of paragraph (2)
of subdivision (d) of Section 79190.
(c) One hundred twenty million dollars ($120,000,000) for the
purposes of the project described in clause (iii) of subparagraph (B)
of paragraph (2) of subdivision (d) of Section 79190.
(d) Forty million dollars ($40,000,000) for the purposes of the
project described in clause (iv) of subparagraph (B) of paragraph (2)
of subdivision (d) of Section 79190.
(e) Seventeen million dollars ($17,000,000) for the purposes of
the project described in clause (v) of subparagraph (B) of paragraph
(2) of subdivision (d) of Section 79190.
(f) Sixteen million dollars ($16,000,000) for the purposes of the
project described in clause (vi) of subparagraph (B) of paragraph (2)
of subdivision (d) of Section 79190.

79197. No funds in the subaccount may be expended until all of the
following conditions have been met:
(a) The CALFED EIS/EIR has been certified by the state lead agency
and a notice of determination has been issued as required by
Division 13 (commencing with Section 21000) of the Public Resources
Code.
(b) The CALFED EIS/EIR has been filed by the federal lead agencies
with the United States Environmental Protection Agency, the required
notice has been published in the Federal Register, and there has
been federal approval of a program identical to the program approved
by the state.

79198. The state, to the greatest extent possible, shall secure
federal and nonfederal funds to implement this article.

79199. Due to the importance of issuing permits and otherwise
expediting all elements of the CALFED Bay-Delta Program in a timely
and balanced manner, the following procedures shall apply to the use
of funds authorized by this article:
(a) After the requirements set forth in Section 79197 are met,
funds in the subaccount shall become available for use in accordance
with the schedule for eligible projects set forth in the final
programmatic EIS/EIR, unless the Secretary of the Resources Agency
determines that the schedule established in the final programmatic
EIS/EIR has not been substantially adhered to.
(b) On or before November 15 of each year, the Secretary of the
Resources Agency, in consultation with state and federal CALFED
representatives and other interested persons and agencies, shall
review adherence to the schedule.
(c) The absence of funding from nonfederal or nonstate sources
shall not be a basis for a determination that the schedule has not
been adhered to.
(d) If, at the conclusion of each annual review, the Secretary of
the Resources Agency determines that the schedule established in the
final programmatic EIS/EIR, or a revised schedule prepared pursuant
to this subdivision, has not been substantially adhered to, the
secretary, after notice to, and consultation with, state and federal
CALFED representatives and other interested persons and agencies,
shall prepare a revised schedule that ensures that balanced solutions
in all identified problem areas, including ecosystem restoration,
water supply, water quality, and system integrity are achieved,
consistent with the intent of the final programmatic EIS/EIR. Funds
shall be available for expenditure unless a revised schedule has not
been developed within six months from the date on which the secretary
determines that the prior schedule has not been substantially
adhered to. Upon the preparation of any revised schedule under this
subdivision, funds shall be expended in accordance with that revised
schedule.
(e) Funds in the subaccount shall become available in accordance
with the cost-share agreement developed by the CALFED Bay-Delta
Program, which shall describe the federal, state, and local share of
funding for the programs, projects, and other CALFED stage 1 actions.

79200. On or before December 15 of each year, the Secretary of the
Resources Agency shall submit an annual report to the Legislature
that describes the status of the implementation of all elements of
the CALFED Bay-Delta Program, any determinations made by the
secretary pursuant to subdivisions (b) and (d) of Section 79199 and
other significant scheduling issues. The report also shall include a
detailed accounting of expenditures, descriptions of programs for
which expenditures have been made, and a schedule of anticipated
expenditures for the next year.

79201. The report prepared pursuant to Section 79200 shall include
both of the following:
(a) A summary of the results achieved by the projects funded under
this article.
(b) An identification of any necessary modifications that should
be made to eligible projects or other CALFED bay-delta projects, to
ensure that the goals and objectives of CALFED are met.

79201.5. Nothing in this article shall be construed to address the
allocation of benefits from projects or programs funded by this
article. It is anticipated that this issue will be settled in the
CALFED process or by the Legislature by statute.

79202. Not more than 5 percent of the total amount deposited in the
subaccount may be used to pay the costs incurred in connection with
the administration of this article.

79203. The department may adopt regulations to carry out this
article.