This initiative measure is submitted to the people in accordance
with the provisions of Section 8 of Article II of the California
Constitution.
This initiative measure adds sections to the Water Code; therefore,
new provisions proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED
LAW
WATER
SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT
OF 2002
SECTION
1. Division 26.5 (commencing with Section 79500) is added to the
Water Code, to read:
DIVISION
26.5. WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION
ACT OF 2002
CHAPTER
1. GENERAL PROVISIONS
79500.
This division shall be known and may be cited as the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002.
79501. The people of California find and declare that
it is necessary and in the public interest to do all of the following:
(a) Secure and safeguard the integrity of the state
s water supply from catastrophic damage or failure from terrorist
acts or other deliberate acts of destruction.
(b) Provide a safe, clean, affordable, and sufficient
water supply to meet the needs of California residents, farms, and
businesses.
(c) Provide adequate financing for balanced implementation
of the CALFED Bay-Delta Program to:
(1) Provide good water quality for all beneficial uses.
(2) Improve and increase aquatic and terrestrial habitats
and improve ecological functions in the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary to support sustainable populations of diverse
plant and animal species.
(3) Reduce the mismatch between Bay-Delta water supplies
and current and projected beneficial uses dependent on the Bay-Delta
system.
(4) Reduce the risk to land uses and associated economic
activities, water supply, infrastructure, and ecosystems from catastrophic
breaching of Delta levees.
(d) Establish and facilitate integrated regional water
management systems and procedures to meet increasing water demands
due to significant population growth that is straining local infrastructure
and water supplies.
(e) Improve practices within watersheds to improve
water quality, reduce pollution, capture additional storm water
runoff, protect and manage groundwater better, and increase water
use efficiency.
(f) Protect urban communities from drought, increase
supplies of clean drinking water, reduce dependence on imported
water, reduce pollution of rivers, lakes, streams, and coastal waters,
and provide habitat for fish and wildlife.
(g) Invest in projects that further the ability of
all Californians to live within Californias basic apportionment
of 4.4 million acre-feet per year of Colorado River water pursuant
to the Colorado River Water Use Plan.
(h) Protect, restore, and acquire beaches and coastal
uplands, wetlands, and watershed lands along the coast and in San
Francisco Bay to protect the qual ity of drinking water, to keep
beaches and coastal waters safe from water pollution, and to provide
the wildlife and plant habitat and riparian and wetlands areas needed
to support functioning coastal and San Francisco Bay ecosystems
for the benefit of the people of California.
79502. It is the intent of the people in
enacting this division that it be administered and executed in the
most expeditious manner possible, and that all state, regional and
local officials implement this division to the fullest extent of
their authority.
79503. It is the intent of the people that water facility
projects financed pursuant to this division shall be designed and
constructed so as to improve the security and safety of the state
s drinking water system.
79504. It is the intent of the people that investment
of public funds pursuant to this division should result in public
benefits.
79505. As used in this division, the following terms
shall have the following meanings:
(a) "Acquisition" means the acquisition of a fee interest
or any other interest, including easements, leases, and development
rights.
(b) "Board" means the State Water Resources Control
Board. .
(c) "CALFED" means the consortium of state and federal
agencies with management and regulatory responsibilities in the
San Francisco Bay/ Sacramento-San Joaquin Delta Estuary.
(d) "CALFED Bay-Delta Program" means the undertaking
by CALFED to develop and implement, by means of the final programmatic
environmental impact statement/ environmental impact report, the
preferred programs, actions, projects, and related activities that
will provide solutions to identified problem
(e) "Department" means the Department of Water Resources.
(f) "Fund" means the Water Security, , Clean Drinking
Water, Coastal and Beach Protection Fund of 2002 created pursuant
to Section 79510.
(g) "Nonprofit organization" means any nonprofit corporation
formed pursuant to the Nonprofit Public Benefit Corporation Law
(Division 2 (commencing with Section 5000) of Title 1 of the Corporations
Code) and qualified under Section 501(c)(3) of the United States
Internal Revenue Code.
(h) "Secretary" means the Secretary of the Resources
Agency.
(i) "Wetlands" means lands that may be covered periodically
or permanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps,
mudflats, fens, and vernal pools.
79506. Every proposed activity to be financed
pursuant to this division shall be in compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) of the Public Resources Code.
79507. Watershed protection activities financed pursuant
to this division shall be consistent with the applicable adopted
local watershed management plan and the applicable regional water
quality control plan adopted by the regional water quality control
board.
79508. Watershed protection activities in the San Gabriel
and Los Angeles River watersheds shall be consistent with the San
Gabriel and Los Angeles River Watershed and Open Space Plan as adopted
by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
and the Santa Monica Mountains Conservancy. Notwithstanding any
other provision of law, this plan shall be implemented pursuant
to Division 23 (commencing with Section 33000) of the Public Resources
Code in the watershed of the Los Angeles River upstream of the northernmost
boundary of the City of Vernon and pursuant to Division 22.8 (commencing
with Section 32600) of the Public Resources Code in the San Gabriel
River and in the lower Los Angeles River watershed.
79509. Except for projects financed pursuant to Chapter
6 (commencing with Section 79545) or Chapter 10 (commencing with
Section 79570), to be eligible to be financed pursuant to this division,
any project that will wholly or partially assist in the fulfillment
of one or more of the goals of the CALFED Bay-Delta Program shall
be consistent with the CALFED Programmatic Record of Decision, and
shall be implemented, to the maximum extent possible, through local
and regional programs.
CHAPTER
2. THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION
FUND OF 2002
79510. The Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002 is hereby created.
79511. All money deposited in the fund shall be used
only for the purposes and in the amounts set forth in this division
and for no other purpose.
79512. Except as otherwise expressly provided in this
division, upon a finding by the agency authorized to administer
or expend money appropriated from the fund that a particular project
or program for which money has been allocated or granted cannot
be completed, or that the amount that was appropriated, allocated,
or granted is in excess of the total amount needed, the Legislature
may reappropriate the money for other high priority needs consistent
with this division.
CHAPTER
3. WATER SECURITY
79520.
The sum of fifty million dollars ($50,000,000) shall be available
for appropriation by the Legislature from the fund for the purpose
of protecting state, local, and regional drinking water systems
from terrorist attack or deliberate acts of destruction or degradation.
This money may be expended or granted for monitoring and early warning
systems, fencing, protective structures, contamination treatment
facilities, emergency interconnections, communications systems,
and other projects designed to prevent damage to water treatment,
distribution, and supply facilities, to prevent disruption of drinking
water deliveries, and to protect drinking water supplies from intentional
contamination.
79521. The Legislature may enact such legislation as
is necessary to implement this chapter.
CHAPTER
4. SAFE DRINKING WATER
79530. (a) The sum of four hundred thirty five million dollars ($435,000,000)
shall be available for appropriation by the Legislature from the
fund to the State Department of Health Services for grants and loans
for infrastructure improvements and related actions to meet safe
drinking water standards including, but not limited to, the following
types of projects:
(1) Grants to small community drinking water systems
to upgrade monitoring, treatment, or distribution infrastructure.
(2) Grants to finance development and demonstration
of new technologies and related facilities for water contaminant
removal and treatment.
(3) Grants for community water quality monitoring facilities
and equipment.
(4) Grants for drinking water source protection.
(5) Grants for treatment facilities necessary to meet
disinfectant by-product safe drinking water standards.
(6) Loans pursuant to the Safe Drinking Water State
Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section
116760) of Part 12 of Division 104 of the Health and Safety Code)
.
(b) Not less than 60 percent of the money appropriated
pursuant to this section shall be available for grants to Southern
California water agencies to assist in meeting the state's commitment
to reduce Colorado River water use to 4.4 million acre feet per
year.
79531. The Legislature may enact such legislation as
is necessary to implement this chapter.
CHAPTER
5. CLEAN WATER AND WATER QUALITY
79540. (a)
The sum of one hundred million dollars ($100,000,000) shall be available
for appropriation by the Legislature from the fund to the board
for competitive grants for the following purposes:
(1) Water pollution prevention.
(2) Water reclamation.
(3) Water quality improvement.
(4) Water quality blending and exchange projects.
(5) Drinking water source protection projects.
(6) Projects to mitigate pathogen risk from recreational
uses at drinking water storage facilities.
(b) Priority shall be given to projects that assist
in meeting water quality standards established by the board.
(c) The Legislature may enact such legislation as is
necessary to implement this section.
79541. The sum of one hundred million dollars ($100,000,000)
shall be available for appropriation by the Legislature from the
fund to the secretary for the acquisition from willing sellers,
restoration, protection, and development of river parkways. The
secretary shall allocate this money in accordance with Article 6
(commencing with Section 78682) of Chapter 6 of Division 24 or pursuant
to any other statute that provides for the acquisition, restoration,
protection, and development of river parkways. Priority shall be
given to projects that are implemented pursuant to approved watershed
plans and include water quality and watershed protection benefits.
This money may also be used to acquire facilities necessary to provide
flows to improve water quality downstream.
79542. The sum of forty million dollars ($40,000,000)
shall be available for appropriation by the Legislature from the
fund to the California Tahoe Conservancy for acquisition from willing
sellers, restoration, and protection of land and water resources
to improve water quality in Lake Tahoe.
79543. The sum of one hundred million dollars ($100,000,000)
shall be available for appropriation by the Legislature from the
fund to the board for the purpose of financing projects that restore
and protect the water quality and environment of coastal waters,
estuaries, bays and near-shore waters, and groundwater. All expenditures,
grants, and loans made pursuant to this section shall be consistent
with the requirements of Article 5 (commencing with Section 79148)
of Chapter 7 of Division 26. Not less than twenty million dollars
($20,000,000) shall be expended to implement priority actions specified
in the Santa Monica Bay Restoration Plan. Money made available pursuant
to this section shall supplement, not supplant, money appropriated
or available pursuant to that Article 5 (commencing with Section
79148) , and no money appropriated pursuant to this section shall
be used for a project for which an appropriation was made pursuant
to that Article 5 (commencing with Section 79148) .
79544. The sum of thirty million dollars ($30,000,000)
shall be available for appropriation by the Legislature from the
fund to the secretary for the purpose of grants to local public
agencies, local water districts, and nonprofit organizations for
acquisition from willing sellers of land and water resources to
protect water quality in lakes, reservoirs, rivers, streams and
wetlands in the Sierra Nevada-Cascade Mountain Region as defined
in Section 5096.347 of the Public Resources Code.
CHAPTER
6. CONTAMINANT AND SALT REMOVAL TECHNOLOGIES
79545. The
sum of one hundred million dollars ($100,000,000) shall be available
for appropriation by the Legislature from the fund to the department
for grants for the following projects:
(a) Desalination of ocean or brackish waters. Not less
than fifty million dollars ($50,000,000) of the money appropriated
by this chapter shall be available for desalination projects. To
be eligible to receive a grant, at least 50 percent of the total
cost of the project shall be met by matching funds or donated services
from non-state sources.
(b) Pilot and demonstration projects for treatment
or removal of the following contaminants:
(1) Petroleum products, such as MTBE and BTEX.
(2) N-Nitrosodimethylamine (NDMA).
(3) Perchlorate.
(4) Radionuclides, such as radon, uranium, and radium.
(5) Pesticides and herbicides.
(6) Heavy metals, such as arsenic, mercury, and chromium.
(7) Pharmaceuticals and endocrine disrupters.
(c) Drinking water disinfecting projects using ultraviolet
technology and ozone treatment.
79546. The Legislature may enact such legislation as
is necessary to implement this chapter.
CHAPTER
7. CALFED BAY-DELTA PROGRAM
79550.
The sum of eight hundred twenty-five million dollars ($825,000,000)
shall be available for appropriation by the Legislature from the
fund for the balanced implementation of the CALFED Bay-Delta Program.
Expenditures and grants pursuant to this chapter shall be limited
to the following:
(a) Fifty million dollars ($50,000,000) for surface
water storage planning and feasibility studies.
(b) Seventy-five million dollars ($75,000,000) for
the water conveyance facilities described in subparagraph (B) of
paragraph (2) of subdivision (d) of Section 79190.
(c) Seventy million dollars ($70,000,000) for Delta
levee restoration. Money expended pursuant to this subdivision shall
be subject to Section 79050.
(d) One hundred eighty million dollars ($180,000,000)
for water supply reliability projects that can be implemented expeditiously
and thereby provide near-term benefits, including, but not limited
to, projects that facilitate ground water management and storage,
water transfers, and acquisition of water for the CALFED environmental
water account. In acquiring water, preference shall be given to
long-term water purchase contracts and water rights. Money allocated
pursuant to this subdivision shall be subject to Article 4 (commencing
with Section 79205.2) of Chapter 9 of Division 26.
(e) One hundred eighty million dollars ($180,000,000)
for ecosystem restoration program implementation of which not less
than twenty million dollars ($20,000,000) shall be allocated for
projects that assist farmers in integrating agricultural activities
with ecosystem restoration.
(f) Ninety million dollars ($90,000,000) for watershed
program implementation.
(g) One hundred eighty million dollars ($180,000,000)
for urban and agricultural water conservation, recycling, and other
water use efficiency projects.
79551. All appropriations pursuant to this
chapter shall include money for independent scientific review, monitoring,
and assessment of the results or effectiveness of the project or
program expenditure.
79552. All projects financed pursuant to this chapter
shall be consistent with the CALFED Programmatic Record of Decision
including its provisions regarding finance and balanced implementation.
79553. Consistent with the CALFED Programmatic
Record of Decision, priority shall be given to projects that achieve
multiple benefits across CALFED program elements. Not more than
5 percent of the money available pursuant to this chapter may be
used for administrative costs.
79554. All real property acquired with money appropriated
or granted pursuant to subdivision (e) or (f) of Section 79550 shall
be acquired from willing sellers.
CHAPTER
8. INTEGRATED REGIONAL WATER MANAGEMENT
79560. The sum of five hundred million dollars ($500,000,000) shall
be available for appropriation by the Legislature from the fund
for competitive grants for projects set forth in this section to
protect communities from drought, protect and improve water quality,
and improve local water security by reducing dependence on imported
water. No project financed pursuant to this section shall include
an on-stream surface water storage facility or an off-stream surface
water storage facility other than percolation ponds for groundwater
recharge in urban areas. No river or stream channel modification
project whose construction or operation causes any negative environmental
impacts may be financed pursuant to this chapter unless those impacts
are fully mitigated.
79561. Money appropriated in Section 79560 shall be
available for grants for water management projects that include
one or more of the following elements:
(a) Programs for water supply reliability,
water conservation, and water use efficiency.
(b) Storm water capture, storage, treatment, and management.
(c) Removal of invasive non-native plants, the creation
and enhancement of wetlands, and the acquisition, protection, and
restoration of open space and watershed lands.
(d) Non-point source pollution reduction, management,
and monitoring.
(e) Groundwater recharge and management projects.
(f) Contaminant and salt removal through reclamation,
desalting, and other treatment technologies.
(g) Water banking, exchange, reclamation, and improvement
of water quality.
(h) Planning and implementation of multipurpose flood
control programs that protect property; and improve water quality,
storm water capture and percolation; and protect or improve wildlife
habitat.
(i) Watershed management planning and implementation.
(j) Demonstration projects to develop new drinking
water treatment and distribution methods.
79562. An amount, not to exceed 10 percent of the money
available for appropriation in Section 79560, may be appropriated
by the Legislature for facilities, equipment, and other expenses
associated with the establishment of comprehensive statewide groundwater
monitoring pursuant to Part 2.76 (commencing with Section 10780)
of Division 6.
79563. At least 50 percent of the amount available
for appropriation in Section 79560 shall be appropriated to the
board. The board shall establish procedures for selecting among
eligible projects specified in Section 79561 that use the procedures
developed by the board for stakeholder-based accelerated selection
and contracting pursuant to Section 79104.32.
79564. To be eligible for financing pursuant to Section
79563, a project shall meet both of the following criteria:
(a) The project is consistent with an adopted integrated
water management plan designed to improve regional water supply
reliability, water recycling, water conservation, water quality
improvement, storm water capture and management, flood management,
recreation and access, wetlands enhancement and creation, and environmental
and habitat protection and improvement.
(b) The project includes matching funds or donated
services from non-state sources.
79565. Notwithstanding Section 13340 of the Government
Code, the sum of one hundred forty million dollars ($140,000,000)
is hereby continuously appropriated from the fund to the Wildlife
Conservation Board, without regard to fiscal years, for expenditure
by the board and for grants, for the acquisition from willing sellers
of land and water resources, including the acquisition of conservation
easements, to protect regional water quality, protect and enhance
fish and wildlife habitat, and to assist local public agencies in
improving regional water supply reliability.
CHAPTER
9. COLORADO RIVER
79567. The sum of twenty million dollars ($20,000,000) shall be
available for appropriation by the Legislature from the fund to
the department for grants for canal lining and related projects
necessary to reduce Colorado River water use pursuant to the California
Colorado River Water Use Plan adopted by the Colorado River Board
of California.
79568. (a) The sum of fifty million dollars ($50,000,000)
shall be available for appropriation by the Legislature from the
fund to the Wildlife Conservation Board for the acquisition, protection,
and restoration of land and water resources necessary to meet state
obligations for regulatory requirements related to California's
allocation of water supplies from the Colorado River. No money allocated
pursuant to this section may be used to supplant or pay for the
regulatory mitigation obligations of private parties under state
or federal law.
(b) All real property acquired pursuant to this section
shall be acquired from willing sellers.
CHAPTER
10. COASTAL WATERSHED AND WETLAND PROTECTION
79570. The sum of two hundred million dollars ($200,000,000) shall
be available for appropriation by the Legislature from the fund
for expenditures and grants for the purpose of protecting coastal
watersheds, including, but not limited to, acquisition, protection,
and restoration of land and water resources and associated planning,
permitting, and administrative costs, in accordance with the following
schedule:
(a) The sum of one hundred twenty million dollars ($120,000,000)
to the State Coastal Conservancy for coastal watershed protection
pursuant to Division 21 (commencing with Section 31000) of the Public
Resources Code.
(b) The sum of twenty million dollars ($20,000,000)
to the State Coastal Conservancy for expenditure for the San Francisco
Bay Conservancy Program for coastal watershed protection pursuant
to Chapter 4.5 (commencing with Section 31160) of Division 21 of
the Public Resources Code.
(c) The sum of forty million dollars ($40,000,000)
to the Santa Monica Mountains Conservancy. Twenty million dollars
($20,000,000) of this sum shall be expended for protection of the
Los Angeles River watershed upstream of the northernmost boundary
of the City of Vernon, and twenty million dollars ($20,000,000)
shall be expended for protection of the Santa Monica Bay and Ventura
County coastal watersheds, pursuant to Division 23 (commencing with
Section 33000) of the Public Resources Code.
(d) The sum of twenty million dollars ($20,000,000)
to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
for protection of the San Gabriel and lower Los Angeles River watersheds
pursuant to Division 22.8 (commencing with Section 32600) of the
Public Resources Code.
79571. Ten percent of the money allocated in each of
the categories in Section 79570 shall be used for grants for the
acquisition and development of facilities to promote public access
to and participation in the conservation of land, water, and wildlife
resources. Eligible projects include, but are not limited to, the
following:
(a) Training and research facilities for watershed
protection and water conservation activities conducted by nonprofit
organizations. Priority shall be given to projects operated by nonprofit
organizations in collaboration with the University of California
and public water agencies.
(b) Nature centers that are in or adjacent to watersheds
and wetlands identified for protection pursuant to this chapter,
that provide wildlife viewing, outdoor experiences, and conservation
education programs to the public and to students. Priority shall
be given to projects that are operated by or in cooperation with
nonprofit organizations and are designed to serve children from
urban areas that lack access to natural areas and outdoor education
programs.
79572. (a) Notwithstanding Section 13340 of the Government
Code, the sum of seven hundred fifty million dollars ($750,000,000)
is hereby continuously appropriated from the fund to the Wildlife
Conservation Board, without regard to fiscal years, for the acquisition,
protection, and restoration of coastal wetlands, upland areas adjacent
to coastal wetlands, and coastal watershed lands. Money appropriated
pursuant to this section shall be for the acquisition, protection,
and restoration of lands in or adjacent to urban areas. Eligible
projects shall be limited to the following:
(1) Acquisition, protection, and restoration of coastal
wetlands identified in the Southern California Coastal Wetlands
Inventory as of January 1, 2001, published by the State Coastal
Conservancy, located within the coastal zone, and other wetlands
connected and proximate to such coastal wetlands, and upland areas
adjacent and proximate to such coastal wetlands, or coastal wetlands
identified for acquisition, protection, and restoration in the San
Francisco Baylands Ecosystem Habitat Goals Report, and upland areas
adjacent to the identified wet lands.
(2) Acquisition, protection, and restoration of coastal
watershed and adjacent lands located in Los Angeles, Ventura, and
Santa Barbara Counties. Any project financed pursuant to this paragraph
within the Santa Monica Mountains Zone, as defined in Section 33105
of the Public Resources Code, shall be by grant from the Wildlife
Conservation Board to the Santa Monica Mountains Conservancy. Any
project financed pursuant to this paragraph within the Baldwin Hills
area, as defined in Section 32553 of the Public Resources Code,
shall be by grant from the Wildlife Conservation Board to the Baldwin
Hills Conservancy.
(b) Not less than three hundred million dollars ($300,000,000)
of the amount appropriated in this section shall be expended or
granted for projects within Los Angeles and Ventura Counties. Of
the remaining funds available pursuant to this section the Wildlife
Conservation Board shall give priority to the acquisition of not
less than 100 acres consisting of upland mesa areas, including wetlands
therein, adjacent to the state ecological reserve in the Bolsa Chica
wetlands in Orange County.
(c) Not more than two hundred million dollars ($200,000,000)
of the amount appropriated in this section may be expended or granted
for projects in the San Francisco Bay area, as described in Section
31162 of the Public Resources Code. Any project within the San Francisco
Bay area may be by grant from the Wildlife Conservation Board to
the State Coastal Conservancy.
79573. (a) The purchase price for each acquisition
made pursuant to Section 79572 shall not exceed the fair market
value of the property as defined in Section 1263.320 of the Code
of Civil Procedure. Fair market value shall be determined by an
appraisal that is prepared by a licensed real estate appraiser and
approved by the Wildlife Conservation Board and the Department of
General Services.
(b) All real property acquired pursuant to this chapter
shall be acquired from willing sellers.
CHAPTER
11. FISCAL PROVISIONS
79580. Bonds in the total amount of three billion four hundred forty
million dollars ($3,440,000,000), not including the amount of any
refunding bonds issued in accordance with Section 79588, or so much
thereof as is necessary, may be issued and sold to be used for carrying
out the purposes set forth in this division and to be used to reimburse
the General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bond proceeds shall be deposited
in the Water Security, Clean Drinking Water, Coastal and Beach Protection
Fund of 2002 created by Section 79510. The bonds shall, when sold,
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 principal of
and interest on the bonds as they become due and payable.
79581. 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), and all provisions of that law shall apply to the bonds and
to this division and are hereby incorporated in this division by
this reference as though fully set forth in this division.
79582. (a) Solely for the purpose of authorizing the
issuance and sale, pursuant to the State General Obligation Bond
Law, of the bonds authorized by this division, the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002 Finance
Committee is hereby created. For purposes of this division, the
Water Security, Clean Drinking Water, Coastal and Beach Protection
Act of 2002 Finance Committee is the committee as that term is used
by the State General Obligation Bond Law. The committee shall consist
of the Controller, the Director of Finance, and the Treasurer, or
their designated representatives. The Treasurer shall serve as chairperson
of the committee. A majority of the committee may act for the committee.
(b) For purposes of this chapter and the State General
Obligation Bond Law, the secretary is designated as the board.
79583. The committee shall determine whether
or not it is necessary or desirable to issue bonds authorized pursuant
to 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.
79584. There shall be collected annually 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 maturing
each year, and it is the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do so and
perform each and every act that is necessary to collect that additional
sum.
79585. Notwithstanding Section 13340 of the Government
Code, there is hereby appropriated from the General Fund, for purposes
of this division, 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 which is necessary to carry out the provisions
of Section 79586, appropriated without regard to fiscal years.
79586. 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 to be sold for the purpose of carrying
out this division. Any amounts withdrawn shall be deposited in the
fund. Any money made available under this section shall be returned
to the General Fund, plus the interest that the amounts would have
earned in the Pooled Money Investment Account, from money received
from the sale of bonds that would otherwise be deposited in that
fund.
79587. All money derived from premium and accrued interest
on bonds sold shall be reserved and shall be available for transfer
to the General Fund as a credit to expenditures for bond interest.
79588. Any bonds issued or sold pursuant to this division
may be refunded by the issuance of refunding bonds 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. Approval by the
electors of the state for the issuance of the bonds shall include
approval of the issuance of any bonds issued to refund any bonds
originally issued or any previously issued refunding bonds.
79589. The people of California hereby find and declare
that inasmuch as 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, the disbursement
of these proceeds is not subject to the limitation imposed by that
article.
SEC. 2. If any provision of this act or the application
thereof is held invalid, that invalidity shall not affect other
provisions or applications of the act which can be given effect
without the invalid provision or application, and to this end the
provisions of this act are severable.