State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 78680-78680.20

WATER CODE
SECTION 78680-78680.20



78680.  (a) (1) There is hereby created in the account the Local
Projects Subaccount.
   (2) For the purposes of this article "subaccount" means the Local
Projects Subaccount created by paragraph (1).
   (3) The sum of twenty-five million dollars ($25,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.
   (b) Notwithstanding Section 13340 of the Government Code, the
money in the subaccount is hereby continuously appropriated, without
regard to fiscal years, to the department, for grants and loans in
accordance with this article, and for the administration of this
article.



78680.2.  It is the intent of this article to finance a program to
further the development, control, and conservation of the water
resources of the state by assisting public agencies in the
construction of eligible projects undertaken to meet local
requirements in which there is a statewide interest.



78680.4.  The following definitions govern the construction of this
article:
   (a) "Feasibility study" means a report on the feasibility of a
project, dam, or reservoir. A feasibility study may include an
environmental impact report prepared pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
   (b) "Project" means any of the following:
   (1) The construction of a conveyance facility, pumping facility,
groundwater extraction facility, clear or ranney well, or facility
for diversion from existing storage or conveyance facilities
undertaken by a public agency for the diversion, storage, or
distribution of water primarily for domestic, municipal,
agricultural, industrial, recreation, or fish and wildlife mitigation
and enhancement purposes.
   (2) Fish and wildlife mitigation and enhancement measures
undertaken by a public agency, including the acquisition of lands
which may be necessary for the mitigation of significant impact on
fish and wildlife resources resulting from the implementation of a
project undertaken pursuant to paragraph (1).
   (c) "Public agency" means any city, county, city and county,
special district or other political subdivision of the state,
including a joint powers entity created pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, in a county of the 22nd class or any county having a
smaller population than a county of the 22nd class on the date on
which this division becomes effective.


78680.6.  The department shall carry out this article and shall give
preference to projects undertaken to develop new water supplies and
to mitigate significant environmental impacts resulting from those
projects.


78680.8.  Applications for grants or loans for financial assistance
under this article shall be made to the department in the form and
with those supporting materials that are prescribed by the
department.


78680.10.  (a) The department may make grants to public agencies for
feasibility studies.
   (b) The amount of the grants may not exceed five hundred thousand
dollars ($500,000).



78680.12.  (a) The department may make loans to public agencies for
projects. Loans for a single project may not exceed five million
dollars ($5,000,000).
   (b) All loan applications shall include information relating to
the public necessity of the project, the urgency of need, the
engineering feasibility, the economic justification, and the
financial feasibility of the project, as well as other information
that the department may require.
   (c) All loans made pursuant to this section are subject to all of
the following requirements:
   (1) Public agencies requesting a loan shall demonstrate, to the
satisfaction of the department, that an adequate opportunity for
public participation regarding the loan has been provided.
   (2) Any election held with respect to the loan shall include the
voters of the entire agency except where the agency proposes to
accept the loan on behalf of a specified portion, or portions, of the
agency, in which case the election shall be held only in that
portion or portions of the agency.
   (3) Loan contracts may not provide for a moratorium on payment of
principal or interest.
   (4) Loans shall be for a period of up to 20 years. The interest
rate for the loans shall be set at a rate of equal to 50 percent of
the interest rate paid by the state on the most recent sale of state
general obligation bonds, to be computed according to the true
interest cost method. If the interest rate so determined is not a
multiple of one-tenth of 1 percent, the interest rate shall be set at
the next higher multiple of one-tenth of 1 percent. The interest
rate set for each contract shall be applied throughout the contract's
repayment period. There shall be a level annual repayment of
principal and the interest on the loans.



78680.14.  (a) The department may also make loans to public agencies
for the acquisition of interest in lands that are necessary for the
construction, operation, or maintenance of a project.
   (b) Loans granted pursuant to this section shall be subject to all
of the following conditions:
   (1) The loan may be made for all or any part of the costs of
acquiring interests in lands for a project that has been identified
as the preferred alternative in an environmental impact report or an
environmental impact statement, and the lands may become unavailable
to the public agency for the purposes of developing that project.
   (2) The loans shall not exceed one million dollars ($1,000,000)
for each acquisition under this section.
   (3) Each loan granted pursuant to this section is subject to
subdivision (c) of Section 78680.12.



78680.16.  Each contract which the department enters into for a loan
pursuant to Section 78680.14 shall require the sale of the interests
in lands that are acquired with the loan funds if, in the department'
s determination, the construction of the project has not commenced
within a period of two years from the date of the first disbursement
of loan funds under the contract or within any extension of such
period that is granted by the department. In that event, the contract
shall require that the interests in lands be offered for sale within
six months from the expiration of the two-year period, or any
extension thereof, and shall require that the proceeds of the sale 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 the administrative costs of the public
agency identified in connection with the purchase and sale of the
interests in lands, shall be repaid to the department.



78680.18.  Notwithstanding any provision of law, any land acquired
with the use of loan funds made available pursuant to Section
78680.14, that 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.




78680.20.  (a) The department may adopt regulations to carry out
this article. Notwithstanding any provisions of law, regulations
adopted by the department pursuant to Chapter 2.3 (commencing with
Section 450.1) of Division 2 of Title 23 of the California Code of
Regulations that are in effect on November 6, 1996, may be used to
carry out this article.
   (b) Not more than 3 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.