Article 6 - Drought Relief

California Water Code — §§ 13198-13198.6

Sections (5)

Amended by Stats. 2023, Ch. 51, Sec. 36. (SB 122) Effective July 10, 2023.

For purposes of this article, the following definitions apply:

(a)“Drought scenario” means either of the following:

(1)Circumstances for which the Governor has issued a proclamation of a state of emergency, pursuant to Section 8625 of the Government Code, based on drought conditions.

(2)(A) Circumstances for which the state board determines, consistent with subparagraph (B), that drought conditions necessitate urgent and immediate action to ensure availability of safe drinking water, to protect public health and safety, or, after consultation with the Department of Fish and Wildlife, to avoid serious and irreparable harm to fish or

wildlife.

(B)Before determining a drought scenario exists pursuant to subparagraph (A), the state board shall do both of the following:

(i)Provide notice, including specific geographic areas in which a determination of a drought scenario is proposed, to the Joint Legislative Budget Committee, the secretaries of the implementing agencies, and the Director of Emergency Services.

(ii) To the extent feasible, conduct a public hearing for purposes of seeking public comment on the proposed declaration of a drought scenario, and any proposed actions.

(b)“Implementing agency” means any of the following:

(1)The Natural Resources Agency.

(2)The California Environmental Protection Agency.

(3)The Department of Food and Agriculture.

(4)The California Health and Human Services Agency.

(5)Boards, departments, and offices within the agencies specified in paragraphs (1) to (4), inclusive.

(6)The Office of Emergency Services.

(c)(1) “Interim or immediate relief” means any of the following:

(A) Hauled water.

(B) Temporary community water tanks.

(D) Water vending machines.

(E) Emergency water interties.

(F) New wells or rehabilitation of existing wells.

(G) Construction or installation of permanent connections to adjacent water systems, recycled water projects that provide immediate relief to potable water supplies, water use reduction and efficiency equipment, and other projects that support immediate drought response.

(H) Fish and wildlife rescue, protection, and relocation.

(I) Education, outreach, direct installation programs, rebate programs, and other activities to increase water conservation.

(J) Drought resilience planning.

(K) Groundwater recharge projects meeting the conditions of Section 1242.1.

(2)Eligible costs for interim or immediate relief include technical assistance, site acquisitions, post-performance monitoring, and costs directly related to the provision of the project.

§ 13198.2

Amended by Stats. 2023, Ch. 51, Sec. 37. (SB 122) Effective July 10, 2023.

(a)Subject to an appropriation in the annual Budget Act or another statute for these purposes, an implementing agency may make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to do any of the following:

(1)Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter.

(2)Address immediate impacts on fish and wildlife resources.

(3)Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

(b)A contract entered into under this article by an implementing agency is exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. An implementing agency may award a contract under this section on a noncompetitive bid basis as necessary to implement the purposes of this article.

(c)An implementing agency shall obtain approval from the Department of Finance before entering into a contract under this section.

(d)Actions of implementing agencies under this article shall be deemed to be within paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code.

(e)Posting and dissemination of information related to drought emergency activities under this section is exempt from Sections 7405 and 11546.7 of the Government Code as

they pertain to the posting of materials on state agency internet websites as part of responding to the emergency, provided that any state agencies failing to satisfy the requirements of Sections 7405 and 11546.7 of the Government Code shall make and post an accessible version on their internet websites as soon as practicable.

(f)Implementing agencies may adopt guidelines to implement this article. Those guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 13198.3

Added by Stats. 2023, Ch. 51, Sec. 38. (SB 122) Effective July 10, 2023.

(a)Actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under the 2006 consolidated decree in Arizona v. California (2006) 547 U.S. 150, for Colorado River water supplies, approved before December 31, 2026, that the Secretary of the Natural Resources Agency concurs in writing are reasonably necessary to implement Colorado River water conservation agreements with the United States Bureau of Reclamation, as well as those water conservation agreements themselves, shall be deemed to be within the activities described in paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code.

(b)Actions under this section shall not include the construction of new

canals or major new infrastructure, but may include infrastructure improvements such as, without limitation, the installation of more efficient irrigation systems or the lining of canals, and shall be limited to projects that reduce or make more efficient the use or distribution of Colorado River water and shall not include projects that develop replacement water supplies.

(c)(1) The Natural Resources Agency shall promptly post any concurrences under this section on its internet website and shall annually report any such concurrences to the Legislature.

(2)The report required pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.

(d)This section does not waive or suspend any other permitting requirements applicable to the public agency actions

described herein.

§ 13198.4

Added by Stats. 2021, Ch. 115, Sec. 97. (AB 148) Effective July 22, 2021.

(a)This section applies and is subject to an appropriation in the annual Budget Act or another statute to an implementing agency to provide grants and direct expenditures for interim or immediate relief to drought scenarios.

(b)An implementing agency may provide grant funds and direct expenditures to or on behalf of affected public and private entities to provide interim or immediate relief.

(c)Notwithstanding Section 11019 of the Government Code, an implementing agency may provide advance payment of up to 25 percent of grant funds awarded to public agencies, nonprofit organizations, public utilities, mobilehome parks, mutual water companies, farmers and ranchers,

federally recognized California Native American tribes, nonfederally recognized Native American tribes on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004, administrators, and groundwater sustainability agencies that have demonstrated cashflow problems according to the satisfaction of the implementing agency.

(d)An implementing agency may authorize funding of up to ten thousand dollars ($10,000) without a written agreement.

§ 13198.6

Added by Stats. 2021, Ch. 115, Sec. 97. (AB 148) Effective July 22, 2021.

(a)This article does not limit, alter, or expand any provision of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

(b)This article does not expand or alter the authority of an implementing agency to take regulatory action other than the actions explicitly described in this article.