Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.
This chapter shall be known and may be cited as the Water Conservation Bond Law of 1988.
Article 1 - General Provisions
California Water Code — §§ 12879-12879.2
Sections (12)
Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.
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.
Amended by Stats. 2006, Ch. 538, Sec. 673. Effective January 1, 2007. 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.
As used in this chapter, the following terms have the following meanings:
(a)“Committee” means the Water Conservation Finance Committee created pursuant to Section 12879.9.
(b)“Department” means the Department of Water Resources.
(c)“Fund” means the 1988 Water Conservation Fund created pursuant to Section 12879.3.
(d)“Local agency” means any city, county, city and county, district, joint powers authority, or other political subdivision of the state involved in water management.
(e)“Eligible project” means any dam, reservoir, or other construction or improvement by a local agency for the diversion, storage, or primary distribution of water, or facilities for groundwater extraction, primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. “Eligible project” also means any reservoir, pipeline, or other construction or improvement by a local agency for the storage or distribution of reclaimed water for reuse.
(f)(1) “Groundwater recharge facilities” means land and facilities for artificial groundwater recharge through methods that include, but are not limited to, either percolation using basins, pits, ditches, and furrows, modified streambed, flooding, and well injection, or in-lieu recharge. “Groundwater recharge facilities” also means capital outlay expenditures to expand, renovate, or restructure land and facilities already in use for the purpose of groundwater recharge.
(2)Groundwater recharge facilities may include either of the following:
(A)Instream facilities for regulation of water levels, but not regulation of streamflow by storage to accomplish diversion from the waterway.
(B)Conveyance facilities to the recharge site, including devices for flow regulation and measurement of recharge waters.
(3)Any part or all of the project facilities, including land under the facilities, may consist of separable features, or an appropriate share of multipurpose features of a larger system, or both.
(g)“In-lieu recharge” means accomplishing increased storage of groundwater by providing surface water to a user who relies on groundwater as a primary supply, in order to accomplish groundwater storage through the direct use of that surface water in lieu of pumping groundwater. In-lieu recharge shall be used rather than continuing pumping while artificially recharging with surface waters. However, bond proceeds shall not be used to purchase surface waters for use in lieu of pumping groundwater.
(h)“Voluntary cost-effective capital outlay water conservation programs” means those feasible capital outlay measures to improve the efficiency of water use through benefits that exceed their costs. The programs include, but are not limited to, lining or piping of ditches; improvements in water distribution system controls such as automated canal control, construction of small reservoirs within distribution systems that conserve water that already has been captured for reuse, and related physical improvements; tailwater pumpback recovery systems to reduce leakage; and capital changes in on-farm irrigation systems that improve irrigation efficiency, such as sprinkler or subsurface drip systems. In each case, the department shall determine that there is a net savings of water as a result of each proposed project and that the project is cost-effective.
Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.
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.
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.
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.
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. 1991, Ch. 652, Sec. 28. Approved in Proposition 82 at the November 8, 1988, election.
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. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.
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.
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.
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.
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.