AB 2877: Safe and Affordable Drinking Water Fund: tribes.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-23
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that any waiver of tribal sovereignty that is required by the state board for a tribe that is an eligible recipient to access funding from the fund shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The bill would require the state board to include its designated tribal liaison, as defined, in all discussions with eligible recipients, except as specified. The bill would require the state board to consider the extent that funds for safe drinking water projects from the programs administered by the state board are distributed to eligible recipients to provide assistance to federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and make diligent efforts to ensure the distribution of funds to those tribes. The bill would require the state board to expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those tribes. The bill would require the state board to post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that any waiver of tribal sovereignty that is required by the state board for a tribe that is an eligible recipient to access funding from the fund shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The bill would require the state board to include its designated tribal liaison, as defined, in all discussions with eligible recipients, except as specified. The bill would require the state board to consider the extent that funds for safe drinking water projects from the programs administered by the state board are distributed to eligible recipients to provide assistance to federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and make diligent efforts to ensure the distribution of funds to those tribes. The bill would require the state board to expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those tribes. The bill would require the state board to post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that any waiver of tribal sovereignty that is required by the state board for a tribe that is an eligible recipient to access funding from the fund shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The bill would require the state board to include its designated tribal advisor liaison, as defined, in all discussions with eligible recipients, except as specified. The bill would require the state board to consider the extent that funds for safe drinking water projects from the programs administered by the state board are distributed to eligible recipients that are to provide assistance to federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and make diligent efforts to ensure the distribution of funds to those eligible recipients. tribes. The bill would require the state board to expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients. tribes. The bill would require the state board to post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that a limited any waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding from the fund. that is required by the state board for a tribe that is an eligible recipient to access funding from the fund shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The bill would require the state board to work with tribes that are eligible recipients to remove any barriers for those tribes to access funding, as specified. include its designated tribal advisor in all discussions with eligible recipients, except as specified. The bill would require the state board to ensure an equitable distribution of funds from the fund, including funds consider the extent that funds for safe drinking water projects from the programs administered by the state board are distributed to eligible recipients that are federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and make diligent efforts to ensure the distribution of funds to those eligible recipients. The bill would require the state board to expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients. The bill would require the state board to post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes tribes, and the total amount of funding granted to tribes each year.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that a limited waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding from the fund. The bill would require the state board to work with tribes that are eligible recipients to remove any barriers for those tribes to access funding, as specified. The bill would require 10% of the total moneys in the fund to annually be reserved for the state board to ensure an equitable distribution of funds from the fund, including funds to eligible recipients that are federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and would require the state board to expend those moneys, funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients. The bill would require the state board to post on its internet website, and update annually, the number of applications for funding received from tribes and the total amount of funding granted to tribes each year.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would specify that a limited waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding from the fund. The bill would require 10% of the total moneys in the fund to annually be reserved for eligible recipients that are federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and would require the state board to expend those moneys, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law continuously appropriates to the State Water Resources Control Board moneys deposited in the fund for the development, implementation, and sustainability of long-term drinking water solutions, among other things. Existing law requires the state board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients. Existing law includes within the list of eligible recipients, public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, specified nonfederally recognized Native American tribes, administrators, groundwater sustainability agencies, community water systems, and technical assistance providers.
This bill would require 10% of the total moneys in the fund to annually be reserved for eligible recipients that are federally recognized California Native American tribes or specified nonfederally recognized Native American tribes and would require the state board to expend those moneys, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, a bond act approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds to finance a water quality, supply, and infrastructure improvement program, as specified. This bill would state the intent of the Legislature to enact subsequent legislation that would create the Tribal Government Water Infrastructure Grant Fund in the State Treasury to provide grants to tribal governments for water infrastructure projects.Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, a bond act approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds to finance a water quality, supply, and infrastructure improvement program, as specified.
This bill would state the intent of the Legislature to enact subsequent legislation that would create the Tribal Government Water Infrastructure Grant Fund in the State Treasury to provide grants to tribal governments for water infrastructure projects.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)Any waiver of tribal sovereign immunity that is required by the board for a tribe that is an eligible recipient to access funding under this chapter shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The waiver of sovereign immunity shall be negotiated with the direct involvement and assistance of the boards tribal liaison or their designee or designees.
(3)In order to facilitate better coordination between the board and tribes that are eligible recipients, the board shall include its designated tribal liaison or their designee or designees in all discussions with eligible recipients, unless those eligible recipients give permission for the tribal liaison or their designee or designees to be absent.
(4)In expending moneys from the fund under this chapter, the board shall consider the extent that funds for safe drinking water projects from the programs administered by the board are distributed to eligible recipients to provide assistance to federally recognized California Native American tribes or 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 and shall make diligent efforts to ensure the distribution of funds to those tribes. The board shall expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those tribes.
(5)The board shall post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year. If the board is not able to consistently approve funding applications from eligible tribes in a timely manner, the board shall identify barriers to the tribes receiving funding and propose possible solutions in the fund expenditure plan.
(6)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(7)For purposes of this subdivision, tribal liaison means an individual employed by the board as a tribal liaison, or if the tribal liaison is unavailable, a tribal coordinator, the boards chair, the boards executive director, or the boards chief counsel acting in that capacity as a designee or the designees of the tribal liaison.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)Any waiver of tribal sovereign immunity that is required by the board for a tribe that is an eligible recipient to access funding under this chapter shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The waiver of sovereign immunity shall be negotiated with the direct involvement and assistance of the boards tribal liaison or their designee or designees.
(3)In order to facilitate better coordination between the board and tribes that are eligible recipients, the board shall include its designated tribal liaison or their designee or designees in all discussions with eligible recipients, unless those eligible recipients give permission for the tribal liaison or their designee or designees to be absent.
(4)In expending moneys from the fund under this chapter, the board shall consider the extent that funds for safe drinking water projects from the programs administered by the board are distributed to eligible recipients to provide assistance to federally recognized California Native American tribes or 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 and shall make diligent efforts to ensure the distribution of funds to those tribes. The board shall expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those tribes.
(5)The board shall post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year. If the board is not able to consistently approve funding applications from eligible tribes in a timely manner, the board shall identify barriers to the tribes receiving funding and propose possible solutions in the fund expenditure plan.
(6)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(7)For purposes of this subdivision, tribal liaison means an individual employed by the board as a tribal liaison, or if the tribal liaison is unavailable, a tribal coordinator, the boards chair, the boards executive director, or the boards chief counsel acting in that capacity as a designee or the designees of the tribal liaison.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)Any waiver of tribal sovereign immunity that is required by the board for a tribe that is an eligible recipient to access funding under this chapter shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The waiver of sovereign immunity shall be negotiated with the direct involvement and assistance of the boards tribal advisor. liaison or their designee or designees.
(3)In order to facilitate better coordination between the board and tribes that are eligible recipients, the board shall include its designated tribal advisor liaison or their designee or designees in all discussions with eligible recipients, unless those eligible recipients give permission for the tribal advisor liaison or their designee or designees to be absent.
(4)In expending moneys from the fund under this chapter, the board shall consider the extent that funds for safe drinking water projects from the programs administered by the board are distributed to eligible recipients that are to provide assistance to federally recognized California Native American tribes or 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 and shall make diligent efforts to ensure the distribution of funds to those eligible recipients. tribes. The board shall expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients. tribes.
(5)The board shall post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes, and the total amount of funding granted to tribes each year. If the board grants less than 10 percent of the total annual funding under this chapter to tribes, is not able to consistently approve funding applications from eligible tribes in a timely manner, the board shall identify barriers to the tribes receiving funding and propose possible solutions in the fund expenditure plan.
(6)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(7)For purposes of this subdivision, tribal liaison means an individual employed by the board as a tribal liaison, or if the tribal liaison is unavailable, a tribal coordinator, the boards chair, the boards executive director, or the boards chief counsel acting in that capacity as a designee or the designees of the tribal liaison.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)A limited waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding under this chapter. Any waiver of tribal sovereign immunity that is required by the board for a tribe that is an eligible recipient to access funding under this chapter shall be narrowly drafted to serve both the individual needs of the tribe and make the funding agreement enforceable. The waiver of sovereign immunity shall be negotiated with the direct involvement and assistance of the boards tribal advisor.
(3)The board shall work with tribes that are eligible recipients to remove any barriers for those tribes to access funding. The board may use a professional service agreement, service contract, or other mechanism with each eligible tribe. In order to facilitate better coordination between the board and tribes that are eligible recipients, the board shall include its designated tribal advisor in all discussions with eligible recipients, unless those eligible recipients give permission for the tribal advisor to be absent.
(4)The board shall ensure an equitable distribution of funds under this chapter, including funds to In expending moneys from the fund under this chapter, the board shall consider the extent that funds for safe drinking water projects from the programs administered by the board are distributed to eligible recipients that are federally recognized California Native American tribes or 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. 2004 and shall make diligent efforts to ensure the distribution of funds to those eligible recipients. The board shall expend those funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
(5)The board shall post on its internet website, and update annually, the number of inquiries for funding received from tribes, the number of applications for funding received from tribes tribes, and the total amount of funding granted to tribes each year. If the board grants less than 10 percent of the total annual funding under this chapter to tribes, the board shall identify barriers to the tribes receiving funding and propose possible solutions in the fund expenditure plan.
(6)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)A limited waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding under this chapter.
(3)Ten percent of the total moneys in the fund shall annually be reserved for eligible(3)The board shall work with tribes that are eligible recipients to remove any barriers for those tribes to access funding. The board may use a professional service agreement, service contract, or other mechanism with each eligible tribe.
(4)The board shall ensure an equitable distribution of funds under this chapter, including funds to eligible recipients that are federally recognized California Native American tribes or 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. The board shall expend those moneys, funds, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
(5)The board shall post on its internet website, and update annually, the number of applications for funding received from tribes and the total amount of funding granted to tribes each year.
(4)(6)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
CORRECTIONS: HeadingLine 2. REVISIONS: HeadingLine 1.(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)A limited waiver of tribal sovereignty is not required for a tribe that is an eligible recipient to access funding under this chapter.
(2)(3)Ten percent of the total moneys in the fund shall annually be reserved for eligible recipients that are federally recognized California Native American tribes or 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. The board shall expend those moneys, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
(3)(4)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund all of the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the water systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, 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, groundwater sustainability agencies, community water systems, and technical assistance providers.
(2)Ten percent of the total moneys in the fund shall annually be reserved for eligible recipients that are federally recognized California Native American tribes or 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. The board shall expend those moneys, upon appropriation by the Legislature, for grants, loans, contracts, or services to assist those eligible recipients.
(2)(3)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors.
(d)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan.
(e)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(f)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(g)Beginning in the 202324 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
(h)The board may authorize funding up to ten thousand dollars ($10,000) without a written agreement to address a drinking water emergency.
(i)Notwithstanding Section 11019 of the Government Code, the board may make advance payments, as necessary to implement the purposes of this chapter, except that an advance payment for construction shall not exceed 25 percent of the total amount of construction funding provided by the board for a project.
(j)Contracts pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would create the Tribal Government Water Infrastructure Grant Fund in the State Treasury to provide grants to tribal governments for water infrastructure projects.It is the intent of the Legislature to enact subsequent legislation that would create the Tribal Government Water Infrastructure Grant Fund in the State Treasury to provide grants to tribal governments for water infrastructure projects.
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Date
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Status
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|---|---|
| Sep 23, 2022 | Chaptered by Secretary of State - Chapter 481, Statutes of 2022. |
| Sep 23, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 30, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Aug 25, 2022 | Read third time and amended. Ordered to third reading. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 30, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 29). |
| Jun 1, 2022 | Referred to Com. on E.Q. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4875.) |
| May 19, 2022 | From committee: Do pass. (Ayes 16. Noes 0.) (May 19). |
| May 11, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 28, 2022 | Measure version as amended on April 19 corrected. |
| Apr 27, 2022 | Coauthors revised. |
| Apr 20, 2022 | Re-referred to Com. on E.S. & T.M. |
| Apr 19, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Apr 6, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 28, 2022 | Re-referred to Com. on E.S. & T.M. |
| Mar 24, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 21, 2022 | Re-referred to Com. on E.S. & T.M. |
| Mar 17, 2022 | Referred to Com. on E.S. & T.M. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Aug 31, 2022 | AB 2877 Eduardo Garcia Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2022 | Assembly 3rd Reading AB2877 Eduardo Garcia et al By Allen | Senate Floor |
Passed |
|
| May 23, 2022 | AB 2877 Eduardo Garcia Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Co-Author(s):