reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.33.

12878.33. If any area or zone lies within more than one county, the department shall divide the amount of the estimate in the proportion of the acreage in each county, as modified to reflect any zones of benefit, as described in Section 12878.9.
(Amended by Stats. 2004, Ch. 230, Sec. 35. Effective August 16, 2004.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.34.

12878.34. The department shall certify to the auditor and board of supervisors of each county in which each maintenance area, or part thereof, lies, the amount required, in order to pay the estimate for the ensuing fiscal year or the current fiscal year where no assessment has been levied or collected for the current fiscal year, to be levied in each area, and if the area is divided into zones, the amount required to be levied for such purposes in each zone.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.35.

12878.35. The board of supervisors of each county in which there lies a maintenance area or any portion thereof shall annually, and at the time of levying county taxes, levy on the land within the county and within the area, or if zones are established, within each zone, an ad valorem assessment sufficient to raise the amount or amounts certified by the department.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.36.

12878.36. Each assessment shall be identified by the name and number, if any, of the area, and by the number of the zone, if a zone is involved.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.37.

12878.37. The board of supervisors shall determine a rate of assessment sufficient to cover the amount of the estimate for each area or zone, making reasonable allowance for anticipated delinquencies. If a fraction of a cent occurs in a valuation of one hundred dollars ($100), it shall be taken as a full cent. The assessment shall be computed and entered upon the assessment roll by the auditor.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.38.

12878.38. Assessments levied pursuant to this article shall be collected at the same time and in the same manner as county taxes. So far as applicable, all provisions of law relating to the equalization, levy, payment, and collection of county taxes shall apply to such assessments and all provisions of law relating to the duties of county officers in relation to county taxes shall apply to such assessments, except as otherwise expressly provided by this chapter, so far as the same are or may be made applicable.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.39.

12878.39. All money raised by such assessments shall be accounted for separately as to each area and zone. All such money shall be transmitted by January 1st and July 1st of each year to the department for deposit in the Water Resources Revolving Fund after deduction of the amounts to be retained by the county for the reasonable costs of its services as determined pursuant to subdivision (e) of Section 12878.40.
(Amended by Stats. 1982, Ch. 759, Sec. 3. Effective September 8, 1982.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 5 - Administration of Maintenance Area Funds › Section 12878.41.

12878.41. All money deposited in the Water Resources Revolving Fund pursuant to Section 12878.39, and all money transferred to the Water Resources Revolving Fund from the Flood Control Project Maintenance Revolving Fund, or appropriated for flood project maintenance under this chapter, is appropriated for the purposes of this chapter without regard to fiscal years and shall not be subject to the provisions of Section 16304 of the Government Code.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 5 - Administration of Maintenance Area Funds › Section 12878.42.

12878.42. The department shall keep a separate account for each maintenance area as to money deposited under Section 12878.39 and expenditures under this chapter in such area. The money in such accounts shall be available to the department for expenditure for the operation and maintenance of the unit for which the maintenance area was formed and from which the money in the account was derived.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 5 - Administration of Maintenance Area Funds › Section 12878.43.

12878.43. The department shall keep a separate account for money appropriated for the purposes of this chapter from the General Fund. The money in this account shall be available to the department for expenditure for the maintenance and operation of any unit for which a maintenance area is formed to the extent there is no money, or insufficient money, available under Section 12878.42. All money so expended shall be repaid from any money subsequently deposited by the benefited maintenance area.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 5 - Administration of Maintenance Area Funds › Section 12878.44.

12878.44. Money expended upon any unit during any fiscal year shall not exceed by more than 20 percent the amount of the estimate for that unit for that fiscal year, unless the department determines that expenditures that exceed that amount are necessary for emergency repairs or flood fighting. If in any fiscal year more money will be expended upon a unit than is, or will be, available from assessments or collections thereon derived from the maintenance area, the estimated amount of the deficit shall be added to the estimate for that unit for the following fiscal years, and if less money will be expended than collected, the estimated amount of that excess shall be deducted from the estimate.
(Amended by Stats. 2004, Ch. 230, Sec. 36. Effective August 16, 2004.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 5 - Administration of Maintenance Area Funds › Section 12878.45.

12878.45. The State Controller shall have no responsibility for verifying the correctness of the claim as to the account upon which it is drawn, and the State Controller shall keep no separate accounts for the maintenance areas under this chapter within the Water Resources Revolving Fund.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 1 - General Provisions › Section 12879.

12879. This chapter shall be known and may be cited as the Water Conservation Bond Law of 1988.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 1 - General Provisions › Section 12879.1.

12879.1. The Legislature finds and declares as follows:
(a) There is a lack of local water projects in certain areas of the state where the demands of a growing population could exceed water supplies which could threaten the public health and impede economic and social growth.
(b) It is in the interest of the state to provide financial assistance to local agencies for the development of local water resources necessary to meet requirements for domestic, agricultural, and other uses.
(c) The participation of the state and the State Water Resources Development System in the construction and operation of local water projects in those areas is desirable to further the development, control, and conservation of the water resources of the state.
(d) Voluntary, cost-effective capital outlay water conservation programs can help meet growing demand for clean and abundant water supplies.
(e) Recharging groundwater basins is an effective way to maximize the availability of scarce water supplies throughout the state through the efficient management of recharge and extraction activities in groundwater basins, and by reversing the effects of historical overdraft.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 2 - Water Conservation Program › Section 12879.3.

12879.3. (a) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1988 Water Conservation Fund, which is hereby created. A Local Water Projects Assistance Account shall be established in the fund for the purpose of implementing Section 12879.5, and a Water Conservation and Groundwater Recharge Account shall be established in the fund for the purposes of implementing Section 12879.6.
(b) From time to time, the department may modify existing accounts in the fund, or may establish other accounts in the fund, and in all other bond funds administered by the department, which the department determines are appropriate or necessary for proper administration.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 2 - Water Conservation Program › Section 12879.5.

12879.5. (a) The sum of twenty million dollars ($20,000,000) of the money in the fund shall be deposited in the Local Water Projects Assistance Account and shall be available for loans to local agencies to aid in the construction of eligible projects.
(b) No eligible project may receive more than five million dollars ($5,000,000) in loans from the department.
(c) In the administration of this section, the department and the California Water Commission shall give preference to projects involving the development of new basic water supplies which may include the enlargement of existing dams and reservoirs, and for projects that will remedy existing water supply problems. The department and the California Water Commission shall set priority for loans pursuant to this section on the basis of the cost-effectiveness of the proposed project, with the most cost-effective projects receiving highest priority.
(d) If the water supply function of a dam and reservoir facility is operationally limited or eliminated for dam safety purposes, pursuant to Part 1 (commencing with Section 6000) of Division 3, the department and the California Water Commission may give consideration to projects which would rehabilitate the dam and reservoir for water supply purposes. The rehabilitation of facilities may include comparable replacement facilities.
(e) The department shall not make loans pursuant to this section for otherwise eligible projects whose benefits are more than 50 percent derived from hydroelectric generation, as determined by the department.
(f) The department may make loans to local agencies, at the interest rates authorized pursuant to this chapter and pursuant to any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding pursuant to this section. No single potential project shall be eligible to receive more than five hundred thousand dollars ($500,000), and not more than 10 percent of the total amount of bonds authorized to be expended for purposes of this section may be expended for those purposes.
(Amended by Stats. 2001, Ch. 745, Sec. 230.9. Effective October 12, 2001. Note: This section, as proposed to be added by Stats. 1988, Ch. 46, was amended by Stats. 1988, Ch. 297, and approved (in amended form) in Prop. 82 on Nov. 8, 1988.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 2 - Water Conservation Program › Section 12879.6.

12879.6. (a) The sum of forty million dollars ($40,000,000) of the money in the fund shall be deposited in the Water Conservation and Groundwater Recharge Account and shall be available for appropriation by the Legislature for loans to local agencies to aid in the acquisition and construction of voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities.
(b) No eligible project may receive more than five million dollars ($5,000,000) in loans from the department.
(c) The department shall set priority for loans under this section for voluntary, cost-effective capital outlay water conservation programs on the basis of the cost effectiveness of the proposed project, with the most cost-effective projects receiving the highest priority.
(d) The department shall set priority for loans under this section for groundwater recharge facilities for projects in overdrafted groundwater basins and those projects in critical need, for projects whose feasibility studies show the greatest economic justification and the greatest engineering and hydrogeologic feasibility, as determined by the department, and for projects located in areas which have existing water management programs.
(e) The department may make loans to local agencies, at the interest rates authorized pursuant to this chapter and under any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding pursuant to this section. No single potential project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for the purposes of this section may be expended for these purposes.
(Amended (as proposed to be added by Stats. 1988, Ch. 46) by Stats. 1988, Ch. 297, Sec. 4. Approved (in amended form) in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.7.

12879.7. Bonds in the total amount of fifty-four million seven hundred sixty-five thousand dollars ($54,765,000), exclusive of refunding bonds issued pursuant to Section 12879.15, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized, which have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations 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 and interest thereof.
(Amended by Stats. 2020, Ch. 18, Sec. 8. (AB 92) Effective June 29, 2020. Note: Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.8.

12879.8. The bonds authorized by this chapter 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 of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.9.

12879.9. (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 chapter, the Water Conservation Finance Committee is hereby created. For purposes of this chapter, the Water Conservation Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, the Director of Water Resources, and the Chairperson of the California Water Commission, or their designated representatives. A majority of the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the Department of Water Resources is designated the “board.”
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.10.

12879.10. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Sections 12879.5 and 12879.6, 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.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.11.

12879.11. 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 maturing each year, and all officers required by law to perform any duty in regard to the collection of state revenues shall collect that additional sum.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.12.

12879.12. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, 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 chapter, as the principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of Section 12879.13, appropriated without regard to fiscal years.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.13.

12879.13. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund to be allocated by the board in accordance with this chapter. Any money made available under this section to the board from money received from the sale of bonds for the purpose of carrying out this chapter shall be returned to the General Fund plus the interest that the amount would have earned in the Pooled Money Investment Account.
(Added by Stats. 1988, Ch. 46, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.135.

12879.135. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 1991, Ch. 652, Sec. 28. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.14.

12879.14. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.15.

12879.15. Any bonds issued and sold pursuant to this chapter 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 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.16.

12879.16. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.7 - Water Conservation Bond Law of 1988 › ARTICLE 3 - Fiscal Provisions › Section 12879.17.

12879.17. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter 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 limitations imposed by that article.
(Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 1 - Short Title › Section 12880.

12880. This chapter shall be known and may be cited as the Davis-Grunsky Act.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 2 - General Provisions › Section 12881.

12881. In furtherance of the development, control and conservation of the water resources of the state and the State Water Resources Development System it is the policy of the state to provide financial assistance to public agencies for the construction of water projects to meet local requirements in which there is a statewide interest by making grants or loans, or both, and by participating in the construction and operation of water projects, and also to provide financial assistance to public agencies for the preparation of certain feasibility reports on such water projects by making loans, in accordance with this chapter.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 2 - General Provisions › Section 12881.2.

12881.2. As used in this chapter:
(a) “Project” means any dam, reservoir, or other construction or improvement by a public agency for the diversion, storage, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes.
(b) “Public agency” means any city, county, district or other political subdivision of the state.
(c) “Feasibility report” means such report on the feasibility of a public agency’s proposed project as the department may require the public agency to file with the department in support of an application by the public agency under this chapter for a loan for the construction of the proposed project.
(Amended by Stats. 1967, Ch. 301.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 2 - General Provisions › Section 12881.4.

12881.4. In the administration of this chapter, the department and the commission shall give preference to projects involving the development of new basic water supplies. The department and the commission may also give preference to projects involving the repair, alteration, or replacement of dam and reservoir facilities which are subject to storage restrictions for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3.
(Amended by Stats. 1987, Ch. 650, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 3 - Procedure › Section 12882.

12882. Applications for loans or grants or financial participation by the state under this chapter shall be made to the department in such form and with such supporting material as may be prescribed by the department. Supporting material with respect to the ability of a public agency to repay the loan and to the reasonable ability to finance the proposed project from other sources may be supplied by the county assessor.
(Amended by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 3 - Procedure › Section 12882.2.

12882.2. Applications for loans for irrigation distribution system projects or municipal distribution system projects which involve extreme hardship which jeopardizes the public health, safety or welfare shall be made in the following manner:
The governing body of the public agency shall submit an application to the department describing, generally, such extreme hardship existing with respect to the water supply, the financial and economic conditions existing in the area, and the proposed project. The statements by the governing body shall be based upon, and the application shall be accompanied by:
(a) A report by the assessor of the local agency with respect to assessed valuations and tax delinquencies.
(b) A report by the engineer of the local agency (or if it has none, by the county surveyor or road commissioner) describing the project and estimating its cost, in general terms.
(c) In cases involving a health hazard with respect to the domestic water supply, a report by the local health officer or by the Department of Public Health with respect to such health hazard.
(d) Such other information as the department may require from the agency.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 3 - Procedure › Section 12882.3.

12882.3. An application for a reservoir site loan pursuant to Section 12885.2 shall include:
(a) Evidence that the proposed site is zoned as a reservoir site.
(b) Geologic data as to the suitability of the site for reservoir construction.
(Added by Stats. 1967, Ch. 301.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 3 - Procedure › Section 12882.4.

12882.4. A copy of each application, except applications for loans for the preparation of proposed feasibility reports, shall be transmitted by the department to the Department of Parks and Recreation and to the Department of Fish and Game.
(Amended by Stats. 1992, Ch. 711, Sec. 129. Effective September 15, 1992.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 3 - Procedure › Section 12882.5.

12882.5. The report required by Section 12882.4 shall include a statement of the project’s onshore facilities and any other local facilities to be required by the department as a condition of the grant or loan.
(Added by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 4 - Qualifications Generally › Section 12883.

12883. A proposed project may be approved for assistance only if it is determined that the project substantially conforms to the California Water Plan, is engineeringly feasible, economically justified, and, if a loan is proposed, that there is reasonable assurance, commensurate with the need for the proposed project, that the public agency can repay it. The potential future growth and development of the area shall be taken into consideration in the calculation of the benefits for the determination of the economic justification of a proposed project. Such factors as the public health, safety, and welfare shall be taken into consideration in determining the need for a proposed project.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 4 - Qualifications Generally › Section 12883.2.

12883.2. In the case of a grant for recreation or fish and wildlife enhancement, or both, the determination of economic justification of the proposed project may, in the department’s discretion, be limited to a determination of the economic justification of the recreation and fish and wildlife enhancement functions of the project.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 4 - Qualifications Generally › Section 12883.4.

12883.4. A loan for the preparation of a proposed feasibility report on a proposed project may be approved only if it is determined that there is reasonable assurance that the public agency can repay the loan and only if the agency receives a favorable written reply from the department on a written request for a preliminary determination of eligibility for a loan for the construction of the proposed project filed with the department by the agency under the regulations of the department promulgated pursuant to this chapter.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 5 - Grants › Section 12884.

12884. The department is authorized to make state grants to public agencies from moneys available for such purpose. Grants in excess of four hundred thousand dollars ($400,000) for any one project for the purposes authorized by subdivisions (a) and (b) of Section 12884.2 may be made by the department only upon specific approval of the Legislature, by an act enacted after the receipt of copies of the project report filed pursuant to Section 12882.4 and upon such additional terms and conditions as the Legislature may prescribe.
(Amended by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 5 - Grants › Section 12884.2.

12884.2. Grants in furtherance of a project that involves the development of a new water supply or a project that involves the repair, alteration, or replacement of dam and reservoir facilities which are subject to storage restrictions for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3 may be made for the following purposes:
(a) For the part of the construction cost of the proposed project properly allocated to the enhancement of fish and wildlife, except, that a grant for that part shall not exceed 50 percent of the construction cost. In allocating the costs of repair, alteration, or replacement of a dam to fish and wildlife enhancement, the department may consider existing fish and wildlife resources to the extent that they would be reduced or eliminated by a storage restriction for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3.
(b) For the part of the construction cost of any dam and reservoir of the proposed project properly allocated to recreational functions of statewide interest, except that a grant for that part shall not exceed 50 percent of the construction cost, and provided further, that the total grant under subdivisions (a) and (b) for any one project shall not exceed 75 percent of the construction cost of the project. In allocating the costs of repair, alteration, or replacement of a dam, to recreational functions of statewide interest, the department may consider existing recreation, to the extent that it would be reduced or eliminated by a storage restriction for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3. Those construction costs may include expenditures for lands located above the high waterline of reservoirs which are necessary or desirable for public recreation in connection with the reservoir.
(c) For the construction of initial water supply and sanitary facilities which are needed for public recreational use of each proposed dam and reservoir of the proposed project which will develop a new water supply. A grant for the purpose specified in this subdivision shall not be subject to the limitation contained in Section 12884 on grants for the purposes specified in subdivisions (a) and (b) and shall not be included in computing the total amount which may be granted to a public agency in connection with a project for those purposes. A grant for the purpose specified in this subdivision shall not exceed one-fourth of the total amount granted to a public agency in connection with a project for the purposes specified in subdivision (a) or (b), or both.
(Amended by Stats. 1987, Ch. 650, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.

12885. The department is authorized to make state loans to public agencies for the construction of projects from moneys available for such loans. Loans in excess of four million dollars ($4,000,000) for any one project may be made by the department only upon specific approval of the Legislature, by an act enacted after the receipt of copies of the project report filed pursuant to Section 12882. 4 and upon such additional terms and conditions as the Legislature may prescribe.
(Amended by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.1.

12885.1. Loans may be made only for projects primarily for domestic, municipal, agricultural, industrial, recreation, or fish and wildlife enhancement purposes. Such loans may be made for all or any part of the construction cost of any such project but in no event shall any such loan be in an amount which is greater than the portion of the construction cost of the project which the department finds to be beyond the reasonable ability of the public agency to finance from other sources. Such loans shall be repayable over a period not to exceed 50 years. A period of development of not exceeding 10 years may be allowed in addition to such maximum 50-year repayment period, during which no payments on the principal of or the interest on such a loan shall be required, when in the department’s judgment such development period is justified under the circumstances. If the payment of interest is deferred pursuant to this section, no interest shall be charged on the interest amounts for which payment is deferred. The accrued interest may, at the option of the public agency, be paid in annual installments during the remainder of the loan repayment period.
(Added by renumbering Section 12885.2 by Stats. 1967, Ch. 179.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.2.

12885.2. The department is authorized to make state loans to public agencies for the acquisition of interests in lands that are necessary for the construction, operation, or maintenance of proposed projects that would meet water needs of the public agencies. Such loans may be made separate and apart from loans that may be made under this chapter for the construction of proposed projects by public agencies.
The making of each loan pursuant to this section shall be subject to the following conditions:
(a) The loan may be made for all or any part of the cost of acquiring interests in lands for a proposed project but in no event shall any such loan be in an amount which is greater than the portion of such cost which the department finds to be beyond the reasonable ability of the public agency to finance from other sources.
(b) The loan shall not exceed four hundred thousand dollars ($400,000) for any one project. A loan in excess of that amount for any one project may be made by the department only upon specific approval of the Legislature, by act enacted after the receipt of copies of the project report filed pursuant to Section 12882.4 and upon such additional terms and conditions as the Legislature may prescribe.
(c) Each loan is subject to the provisions of Article 9 (commencing with Section 12889) of this chapter.
(Added by Stats. 1967, Ch. 301.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.3.

12885.3. Each loan that is made pursuant to Section 12885.2 shall be repayable with interest upon the same terms as are applicable to construction loans that are made pursuant to this chapter, as set forth in Sections 12885.1 and 12885.8, except that each contract which the department enters into for a loan under this article shall provide for the sale of the interests in lands that are acquired with the loan if, in the department’s determination, the construction of the proposed project has not commenced within a period of 10 years from the date of the first disbursement of loan funds under the contract or within any extension of said period that the department may allow shall provide that, under that eventuality, such interests in lands shall be offered for sale within six months from the termination of such 10-year period or of any extension thereof, and shall provide that the proceeds of the sale shall be applied toward the repayment of the principal amount of the loan and toward the payment of the accrued interest thereon. Any remaining proceeds, after deducting administrative costs of the public agency in the purchase and sale of the interests in lands shall be repaid to the state.
(Amended by Stats. 1968, Ch. 580.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.4.

12885.4. Notwithstanding any provision of law to the contrary, any land acquired with a loan made pursuant to this chapter, which land is located outside the boundaries of the public agency acquiring the land and which was subject to taxation at the time of acquisition thereof, shall remain subject to taxation.
(Added by Stats. 1967, Ch. 301.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.5.

12885.5. In furtherance of the policy set forth in Section 12881.4, no funds shall be loaned for either irrigation distribution system projects or municipal distribution system projects, except in cases which, in the judgment of the department and the commission, involve extreme hardship which jeopardizes the public health, safety or welfare. Distribution facilities which are a necessary and integral part of an overall water development project may be covered by a state loan.
(Added by renumbering Section 12885.3 by Stats. 1967, Ch. 301.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.6.

12885.6. The department is authorized to make state loans to public agencies for the preparation of feasibility reports on proposed projects, from any moneys available for such loans, in an amount for any one feasibility report on a proposed project not exceeding 2 percent of the estimated cost of the proposed project or fifty thousand dollars ($50,000), whichever is less; provided, that only one such loan may be made to a public agency in relation to any one proposed project. A loan in excess of said amount for any one feasibility report may be made by the department only upon authorization by the Legislature and upon such additional terms and conditions as the Legislature may prescribe.
(Amended by Stats. 1967, Ch. 359.)