78684. Unless the context otherwise requires, all of the following
definitions govern the construction of this chapter.
(a) "Account" means the Bay-Delta Ecosystem Restoration Account
created by Section 78684.6.
(b) "Bay-delta ecosystem" means the bay-delta and its tributary
watersheds.
(c) "CALFED Bay-Delta Program" or "program" means the undertaking
by CALFED to develop, by means of the programmatic EIS/EIR, a
preferred alternative of programs, actions, projects, and related
activities which will provide solutions to identified problem areas
related to the bay-delta ecosystem.
(d) (1) "Eligible project" means a project or program, or an
element of a project or program, identified in the final programmatic
EIS/EIR, that is intended to improve and increase aquatic and
terrestrial habitats and improve ecological functions in the
bay-delta ecosystem.
(2) Eligible projects may include, but are not limited to,
projects or programs with any of the following purposes:
(A) The protection and enhancement of existing habitat.
(B) The restoration of tidal, shallow water, riparian, riverine,
wetlands, and other habitats.
(C) The expansion of wetlands protection programs.
(D) The acquisition of water for instream flow improvements.
(E) Improved habitat management.
(F) Improved management of introduced species.
(G) Improved fish protection and management.
(3) Eligible projects shall not include any of the following:
(A) Any water conveyance facilities.
(B) Any component of the CALFED Bay-Delta Program that is not
identified in the final programmatic EIS/EIR as a component of the
ecosystem restoration element.
(C) Any programs or projects undertaken to offset or avoid adverse
environmental conditions which the final programmatic EIS/EIR
determines would be caused by the construction, operation, or
implementation of any element of the CALFED Bay-Delta Program other
than the ecosystem restoration element.
(e) "Programmatic EIS/EIR" means the programmatic environmental
impact statement/environmental impact report that is prepared by
CALFED for the CALFED Bay-Delta Program.
78684.2. 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, water quality, water supplies, and water
management for beneficial uses of the bay-delta ecosystem, and system
integrity.
(b) The CALFED Bay-Delta Program, to the extent that it relates to
restoration in the bay-delta ecosystem, 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 environmental
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 CALFED Bay-Delta Program elements will achieve balanced
solutions in all identified problem areas, including the ecosystem,
water supply, water quality, and system integrity.
78684.4. This chapter does not authorize implementation of the
CALFED Bay-Delta Program or any element of the program. The
implementation of the CALFED Bay-Delta Program, or any element of the
program, shall only be undertaken pursuant to authority provided by
law other than this division.
78684.6. (a) The Bay-Delta Ecosystem Restoration Account is hereby
created in the fund for the purpose of funding eligible projects. The
sum of three hundred ninety million dollars ($390,000,000) is hereby
transferred from the fund to the account.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the account is hereby continuously appropriated, without
regard to fiscal years, to the Resources Agency for the purposes set
forth in this chapter, and for the administration of this chapter.
78684.8. The Secretary of the Resources Agency shall carry out this
chapter in accordance with procedures established by CALFED for the
purposes of ecosystem restoration until the Legislature, by statute,
authorizes another entity, that is recommended by CALFED, to carry
out this chapter.
78684.10. No funds in the account may be expended until all of the
following conditions have been met:
(a) The final programmatic 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 identical final programmatic EIS/EIR has been filed by the
federal lead agencies with the Environmental Protection Agency, the
required notice has been published in the Federal Register, and there
has been federal approval of the identical program approved by the
state.
(c) A cost-sharing agreement has been entered into by the State of
California and the United States, pursuant to which the United
States agrees to share in the costs of eligible projects.
78684.12. 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 apply to the use of
funds authorized by this chapter:
(a) After the requirements set forth in Section 78684.10 are met,
funds in the account shall become available for use in accordance
with the schedule for eligible projects set forth in the final
programmatic EIS/EIR, unless and until the Secretary of the Resources
Agency determines that the schedule established in the final
programmatic EIS/EIR has not been substantially adhered to.
(b) Prior to 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) Specific project and program decisions involving the
expenditure of funds in the account shall be made in accordance with
the procedures established by CALFED for the ecosystem restoration
program.
78684.13. 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 74684.12,
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.
78684.14. Not more than 3 percent of the total amount deposited in
the account may be used to pay the costs incurred in connection with
the administration of this chapter.
78684. Unless the context otherwise requires, all of the following
definitions govern the construction of this chapter.
(a) "Account" means the Bay-Delta Ecosystem Restoration Account
created by Section 78684.6.
(b) "Bay-delta ecosystem" means the bay-delta and its tributary
watersheds.
(c) "CALFED Bay-Delta Program" or "program" means the undertaking
by CALFED to develop, by means of the programmatic EIS/EIR, a
preferred alternative of programs, actions, projects, and related
activities which will provide solutions to identified problem areas
related to the bay-delta ecosystem.
(d) (1) "Eligible project" means a project or program, or an
element of a project or program, identified in the final programmatic
EIS/EIR, that is intended to improve and increase aquatic and
terrestrial habitats and improve ecological functions in the
bay-delta ecosystem.
(2) Eligible projects may include, but are not limited to,
projects or programs with any of the following purposes:
(A) The protection and enhancement of existing habitat.
(B) The restoration of tidal, shallow water, riparian, riverine,
wetlands, and other habitats.
(C) The expansion of wetlands protection programs.
(D) The acquisition of water for instream flow improvements.
(E) Improved habitat management.
(F) Improved management of introduced species.
(G) Improved fish protection and management.
(3) Eligible projects shall not include any of the following:
(A) Any water conveyance facilities.
(B) Any component of the CALFED Bay-Delta Program that is not
identified in the final programmatic EIS/EIR as a component of the
ecosystem restoration element.
(C) Any programs or projects undertaken to offset or avoid adverse
environmental conditions which the final programmatic EIS/EIR
determines would be caused by the construction, operation, or
implementation of any element of the CALFED Bay-Delta Program other
than the ecosystem restoration element.
(e) "Programmatic EIS/EIR" means the programmatic environmental
impact statement/environmental impact report that is prepared by
CALFED for the CALFED Bay-Delta Program.
78684.2. 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, water quality, water supplies, and water
management for beneficial uses of the bay-delta ecosystem, and system
integrity.
(b) The CALFED Bay-Delta Program, to the extent that it relates to
restoration in the bay-delta ecosystem, 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 environmental
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 CALFED Bay-Delta Program elements will achieve balanced
solutions in all identified problem areas, including the ecosystem,
water supply, water quality, and system integrity.
78684.4. This chapter does not authorize implementation of the
CALFED Bay-Delta Program or any element of the program. The
implementation of the CALFED Bay-Delta Program, or any element of the
program, shall only be undertaken pursuant to authority provided by
law other than this division.
78684.6. (a) The Bay-Delta Ecosystem Restoration Account is hereby
created in the fund for the purpose of funding eligible projects. The
sum of three hundred ninety million dollars ($390,000,000) is hereby
transferred from the fund to the account.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the account is hereby continuously appropriated, without
regard to fiscal years, to the Resources Agency for the purposes set
forth in this chapter, and for the administration of this chapter.
78684.8. The Secretary of the Resources Agency shall carry out this
chapter in accordance with procedures established by CALFED for the
purposes of ecosystem restoration until the Legislature, by statute,
authorizes another entity, that is recommended by CALFED, to carry
out this chapter.
78684.10. No funds in the account may be expended until all of the
following conditions have been met:
(a) The final programmatic 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 identical final programmatic EIS/EIR has been filed by the
federal lead agencies with the Environmental Protection Agency, the
required notice has been published in the Federal Register, and there
has been federal approval of the identical program approved by the
state.
(c) A cost-sharing agreement has been entered into by the State of
California and the United States, pursuant to which the United
States agrees to share in the costs of eligible projects.
78684.12. 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 apply to the use of
funds authorized by this chapter:
(a) After the requirements set forth in Section 78684.10 are met,
funds in the account shall become available for use in accordance
with the schedule for eligible projects set forth in the final
programmatic EIS/EIR, unless and until the Secretary of the Resources
Agency determines that the schedule established in the final
programmatic EIS/EIR has not been substantially adhered to.
(b) Prior to 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) Specific project and program decisions involving the
expenditure of funds in the account shall be made in accordance with
the procedures established by CALFED for the ecosystem restoration
program.
78684.13. 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 74684.12,
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.
78684.14. Not more than 3 percent of the total amount deposited in
the account may be used to pay the costs incurred in connection with
the administration of this chapter.
78684. Unless the context otherwise requires, all of the following
definitions govern the construction of this chapter.
(a) "Account" means the Bay-Delta Ecosystem Restoration Account
created by Section 78684.6.
(b) "Bay-delta ecosystem" means the bay-delta and its tributary
watersheds.
(c) "CALFED Bay-Delta Program" or "program" means the undertaking
by CALFED to develop, by means of the programmatic EIS/EIR, a
preferred alternative of programs, actions, projects, and related
activities which will provide solutions to identified problem areas
related to the bay-delta ecosystem.
(d) (1) "Eligible project" means a project or program, or an
element of a project or program, identified in the final programmatic
EIS/EIR, that is intended to improve and increase aquatic and
terrestrial habitats and improve ecological functions in the
bay-delta ecosystem.
(2) Eligible projects may include, but are not limited to,
projects or programs with any of the following purposes:
(A) The protection and enhancement of existing habitat.
(B) The restoration of tidal, shallow water, riparian, riverine,
wetlands, and other habitats.
(C) The expansion of wetlands protection programs.
(D) The acquisition of water for instream flow improvements.
(E) Improved habitat management.
(F) Improved management of introduced species.
(G) Improved fish protection and management.
(3) Eligible projects shall not include any of the following:
(A) Any water conveyance facilities.
(B) Any component of the CALFED Bay-Delta Program that is not
identified in the final programmatic EIS/EIR as a component of the
ecosystem restoration element.
(C) Any programs or projects undertaken to offset or avoid adverse
environmental conditions which the final programmatic EIS/EIR
determines would be caused by the construction, operation, or
implementation of any element of the CALFED Bay-Delta Program other
than the ecosystem restoration element.
(e) "Programmatic EIS/EIR" means the programmatic environmental
impact statement/environmental impact report that is prepared by
CALFED for the CALFED Bay-Delta Program.
78684.2. 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, water quality, water supplies, and water
management for beneficial uses of the bay-delta ecosystem, and system
integrity.
(b) The CALFED Bay-Delta Program, to the extent that it relates to
restoration in the bay-delta ecosystem, 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 environmental
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 CALFED Bay-Delta Program elements will achieve balanced
solutions in all identified problem areas, including the ecosystem,
water supply, water quality, and system integrity.
78684.4. This chapter does not authorize implementation of the
CALFED Bay-Delta Program or any element of the program. The
implementation of the CALFED Bay-Delta Program, or any element of the
program, shall only be undertaken pursuant to authority provided by
law other than this division.
78684.6. (a) The Bay-Delta Ecosystem Restoration Account is hereby
created in the fund for the purpose of funding eligible projects. The
sum of three hundred ninety million dollars ($390,000,000) is hereby
transferred from the fund to the account.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the account is hereby continuously appropriated, without
regard to fiscal years, to the Resources Agency for the purposes set
forth in this chapter, and for the administration of this chapter.
78684.8. The Secretary of the Resources Agency shall carry out this
chapter in accordance with procedures established by CALFED for the
purposes of ecosystem restoration until the Legislature, by statute,
authorizes another entity, that is recommended by CALFED, to carry
out this chapter.
78684.10. No funds in the account may be expended until all of the
following conditions have been met:
(a) The final programmatic 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 identical final programmatic EIS/EIR has been filed by the
federal lead agencies with the Environmental Protection Agency, the
required notice has been published in the Federal Register, and there
has been federal approval of the identical program approved by the
state.
(c) A cost-sharing agreement has been entered into by the State of
California and the United States, pursuant to which the United
States agrees to share in the costs of eligible projects.
78684.12. 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 apply to the use of
funds authorized by this chapter:
(a) After the requirements set forth in Section 78684.10 are met,
funds in the account shall become available for use in accordance
with the schedule for eligible projects set forth in the final
programmatic EIS/EIR, unless and until the Secretary of the Resources
Agency determines that the schedule established in the final
programmatic EIS/EIR has not been substantially adhered to.
(b) Prior to 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) Specific project and program decisions involving the
expenditure of funds in the account shall be made in accordance with
the procedures established by CALFED for the ecosystem restoration
program.
78684.13. 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 74684.12,
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.
78684.14. Not more than 3 percent of the total amount deposited in
the account may be used to pay the costs incurred in connection with
the administration of this chapter.
