Chapter 2 - Safe Drinking Water, Drought, Flood, and Water Resilience

California Public Resources Code — §§ 91000-91050

Sections (22)

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

The sum of three billion eight hundred million dollars ($3,800,000,000) shall be available, upon appropriation by the Legislature, for safe drinking water, drought, flood, and water resilience programs.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91000, one billion eight hundred eighty-five million dollars ($1,885,000,000) shall be available, upon appropriation by the Legislature, to protect and increase California water supply and water quality.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(a)Of the funds made available by Section 91010, six hundred ten million dollars ($610,000,000) shall be available, upon appropriation by the Legislature, to the water board for grants or loans that improve water quality or help provide clean, safe, and reliable drinking water. Eligible projects include, but are not limited to, any of the following:
(1)Projects that help to

provide clean, safe, and reliable drinking water.

(2)Projects that increase water quality monitoring and remediation of perfluoroalkyl and polyfluoroalkyl substances.
(3)Innovative projects to increase the affordability of safe drinking water.
(4)Projects that implement countywide drought and water shortage contingency plans adopted pursuant to Chapter 10 (commencing with Section 10609.40) of Part 2.55 of Division 6 of the Water Code.
(5)Projects that prevent, reduce, or treat the contamination of groundwater that serves as a major source of drinking water for a community.
(6)Projects to consolidate water or wastewater systems or to extend wastewater service to residences currently

served by inadequate onsite sewer treatment systems.

(7)Grants for projects and technical and financial assistance to address hexavalent chromium in drinking water.
(8)(A) Tribal water infrastructure projects that provide safe, clean, and reliable drinking water to tribal communities.
(B)Not less than twenty-five million dollars ($25,000,000) shall be allocated to projects described in subparagraph (A).
(b)If there is a responsible party identified to have contributed to contamination of a drinking water well, or system, the water system or public agency responsible for the infrastructure may apply for competitive state grant program funding for a drinking water infrastructure project to address water quality issues. The grant

applicant may apply for funding in the amount above and beyond what the responsible party is required to contribute to the infrastructure project.

(c)Reasonable geographic allocation to eligible projects throughout the state shall be considered, including both northern and southern California and inland and coastal regions.
(d)At least 40 percent of the allocation made pursuant to this section shall benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations.
(e)For severely disadvantaged communities with populations of no more than 500 persons that serve no more than 100 service connections, there shall be no maximum amount per service connection for eligible projects.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(a)Of the funds made available by Section 91010, three hundred eighty-six million two hundred fifty thousand dollars ($386,250,000) shall be available, upon appropriation by the Legislature, to the Department of Water Resources for projects related to groundwater storage, groundwater banking, groundwater recharge, or instream flow projects that support the conjunctive use of groundwater and surface water supplies. Of the funds made available

pursuant to this subdivision, a minimum of twenty-five million dollars ($25,000,000) shall be for projects that provide direct benefits to tribal communities.

(b)Of the funds made available by subdivision (a), one hundred ninety-three million one hundred twenty-five thousand dollars ($193,125,000) shall be available for projects that increase groundwater storage, improve the management and operation of groundwater storage, or are for groundwater banking, and support implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).
(c)(1) Of the funds made available by subdivision (a), one hundred ninety-three million one hundred twenty-five thousand dollars ($193,125,000) shall be available for projects that support conjunctive use and groundwater recharge. The projects shall provide

the following benefits:

(A) Provide improved regional watershed management.

(B) Address current and projected drought conditions and demonstrate adaptation to climate change for a region.

(C) Provide ecosystem benefits to fish and wildlife and improve stream flow for anadromous fish.

(2)Reasonable geographic allocation to eligible projects throughout the state shall be considered, including both northern and southern California and inland and coastal regions.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, two hundred million dollars ($200,000,000) shall be available, upon appropriation by the Legislature, to the Department of Conservation’s Multibenefit Land Repurposing Program for groundwater sustainability projects that reduce groundwater use, repurpose irrigated agricultural land, provide wildlife habitat, improve drought resilience or floodwater management, or support implementation of the Sustainable Groundwater

Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(a)Of the funds made available by Section 91010, three hundred eighty-six million two hundred fifty thousand dollars ($386,250,000) shall be available, upon appropriation by the Legislature, to the water board for grants and projects related to water reuse and recycling, including, but not limited to, the following:
(1)Treatment, storage, conveyance, and distribution facilities

for potable and nonpotable recycling projects.

(2)Dedicated distribution infrastructure to serve residential, commercial, agricultural, and industrial end user retrofit projects to allow use of recycled water.
(3)Multiple-benefit recycled water projects that improve water quality.
(b)At least a 50-percent local cost share shall be required for projects funded pursuant to this section. That cost share may be suspended or reduced for disadvantaged communities or severely disadvantaged communities, or prorated for disadvantaged communities or severely disadvantaged communities within a larger service area project. A loan, grant, or other funding received, regardless of funding source, shall qualify as local cost share.
(c)The water board shall adopt

modified grant funding requirements for large-scale water recycling or reuse projects, including all of the following requirements:

(1)Ancillary facilities that are part of large-scale water recycling or reuse projects shall be eligible for funding. Ancillary facilities include, but are not limited to, pipelines, extraction wells, injection wells, recharge basins, and nitrogen removal treatment systems, pertinent structures, and connection assemblies.
(2)This section does not preclude the water board from awarding funding to a large-scale water recycling or reuse project for multiple project phases or components, or more than once during the project development period. The water board shall not require user agreements or contracts for water delivery, nor shall full completion of the project be required before the submission of a subsequent grant application, as a condition for

award of grant funding.

(3)At least 10 percent of the grant funding shall be awarded for the purpose of planning and design.
(4)Reasonable geographic allocation to eligible projects throughout the state, including both northern and southern California and coastal and inland regions.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, seventy-five million dollars ($75,000,000) shall be available, upon appropriation by the Legislature, to the California Water Commission for projects under the Water Storage Investment Program. Priority for these funds and any funds returned to the commission shall be to support timely completion of existing approved projects by providing supplemental grants to reflect the increase in costs due to inflation since the

original grant applications and any increase in public benefits.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, sixty-two million five hundred thousand dollars ($62,500,000) shall be available, upon appropriation by the Legislature, for capital investments in brackish desalination, contaminant and salt removal, and salinity management projects to improve California water and drought resilience. Priority shall be given to projects that use new incremental eligible renewable energy resources during operation and reduce greenhouse gas

emissions associated with their construction and operation.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, fifteen million dollars ($15,000,000) shall be available, upon appropriation by the Legislature, to the Department of Water Resources and the water board to improve water data management and to implement Section 144 of the Water Code to reactivate existing stream gages and deploy new gages.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, seventy-five million dollars ($75,000,000) shall be available, upon appropriation by the Legislature, to the Natural Resources Agency and the Department of Water Resources for competitive grants for regional conveyance projects or repairs to existing conveyances. Priority shall be given to projects that provide one or more of the following benefits:

(a)Improvements in regional or interregional water supply or water supply reliability.
(b)Increased groundwater recharge or mitigation of conditions of groundwater overdraft, salinity intrusion, water quality degradation, or subsidence.
(c)Adaptation to the impacts of hydrologic changes.
(d)Improvements in water security from drought, natural disasters, or other events that could interrupt water supplies.
(e)Providing safe drinking water for disadvantaged communities and economically distressed areas.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91010, seventy-five million dollars ($75,000,000) shall be available, upon appropriation by the Legislature, to the Department of Water Resources for projects that increase water conservation in agricultural and urban areas.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91000, one billion one hundred forty million dollars ($1,140,000,000) shall be available, upon appropriation by the Legislature, to reduce flood risk and improve stormwater management.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91020, five hundred fifty million dollars ($550,000,000) shall be available, upon appropriation by the Legislature, to the Natural Resources Agency and its departments, boards, and conservancies for flood management projects. Priority shall be given to projects designed and implemented to achieve both flood safety and ecosystem functions, while providing additional benefits. At least 40 percent of the allocation made pursuant to

this section shall benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations. Funding shall be allocated as follows:

(a)One hundred fifty million dollars ($150,000,000) shall be available for projects in the Sacramento-San Joaquin Delta to improve existing levees to increase flood protection and improve climate resiliency. For purposes of this subdivision, “Sacramento-San Joaquin Delta” has the same meaning as described in Section 12220 of the Water Code.
(b)One hundred fifty million dollars ($150,000,000) shall be available for projects that implement the Flood Control Subventions Program.
(c)Two hundred fifty million dollars ($250,000,000) shall be available for projects related to the systemwide evaluation, repair, rehabilitation, reconstruction, expansion, or replacement

of levees, weirs, bypasses, and facilities of the State Plan of Flood Control.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91020, four hundred eighty million dollars ($480,000,000) shall be available, upon appropriation by the Legislature, to the Department of Water Resources for the Dam Safety and Climate Resilience Local Assistance Program for competitive grants for projects that enhance dam safety and reservoir operations and protect public benefits pursuant to Section 6700 of the Water Code.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91020, one hundred ten million dollars ($110,000,000) shall be available, upon appropriation by the Legislature, to the water board for grants for multiple-benefit urban stormwater management projects. Projects funded pursuant to this section shall address flooding in urbanized areas and provide multiple benefits, with preference given to natural infrastructure projects. Eligible stormwater projects shall include, but are not

limited to, stormwater capture and reuse, planning and implementation of low-impact development, restoration of urban streams and watersheds, debris flow mitigation, and increasing permeable surfaces to help reduce flooding.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91000, six hundred five million dollars ($605,000,000) shall be available, upon appropriation by the Legislature, to protect and restore rivers, lakes, and streams, and to improve watershed resilience, including the resilience of fish and wildlife within the watershed.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91030, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, to the Department of Water Resources for projects related to integrated regional water management to improve climate resilience on a watershed basis. The department shall update and revise the guidelines for the integrated regional water management program to address impacts associated with climate

risk.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91030, three hundred thirty-five million dollars ($335,000,000) shall be available, upon appropriation by the Legislature, for projects that protect and restore rivers, wetlands, streams, lakes, and watersheds, and improve the resilience of fish and wildlife. Projects shall improve climate resilience, water supplies, or water quality. To the extent feasible, preference shall be given to natural infrastructure projects. At least

40 percent of the allocation made pursuant to this section shall benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations. The funds made available pursuant to this section shall be allocated as follows:

(a)Forty million dollars ($40,000,000) shall be available pursuant to Division 22.8 (commencing with Section 32600) for projects that improve the climate resiliency or the protection of the Los Angeles River Watershed or are consistent with the Lower Los Angeles River Revitalization Plan.
(b)Forty million dollars ($40,000,000) shall be available pursuant to Division 23 (commencing with Section 33000) for projects that improve the climate resiliency or the protection of the Los Angeles River Watershed and are a part of the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220 or

the Los Angeles River Master Plan.

(c)Fifty million dollars ($50,000,000) shall be available to the Riverine Stewardship Program established pursuant to Section 7049 of the Water Code for projects that improve climate resiliency.
(d)Twenty-five million dollars ($25,000,000) shall be available to the State Coastal Conservancy for the Santa Ana River Conservancy Program.
(e)Twenty-five million dollars ($25,000,000) shall be available for multiple-benefit urban stream and river projects under the Urban Streams Restoration Program established pursuant to Section 7048 of the Water Code that protect and restore riparian habitats, improve climate resilience, enhance natural drainages, protect and restore watersheds, and provide public access.
(f)Twenty-five million dollars ($25,000,000) shall be available to the Natural Resources Agency for projects that improve conditions on wildlife refuges and wetland habitat areas. Projects may include the acquisition and delivery of water from willing sellers and water conveyance rights to achieve compliance with subsection (d) of Section 3406 of the federal Central Valley Project Improvement Act (Title 34 of Public Law 102-575) and the acquisition of water and conveyance rights for the Lower Klamath National Wildlife Refuge.
(g)Ten million dollars ($10,000,000) shall be available to the Wildlife Conservation Board for the Lower American River Conservancy Program.
(h)Twenty-five million dollars ($25,000,000) shall be available to the State Coastal Conservancy to protect and restore watersheds through the Coyote Valley Conservation Program in the County of Santa

Clara.

(i)Twenty-five million dollars ($25,000,000) shall be available to the State Coastal Conservancy to protect and restore watersheds through the West Coyote Hills Program.
(j)(1) Fifty million dollars ($50,000,000) shall be available to the water board for loans or grants for projects that will address water quality problems arising in the California-Mexico cross-border rivers and coastal waters. Funds may be made available under this subdivision for water quality projects in the Tijuana River Valley Watershed, as described in the Tijuana River Plan created pursuant to Section 71107, and for projects consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
(2)Grants or loans awarded under this subdivision for

projects located outside of California shall have a documented water quality benefit to California and its residents.

(3)Funding may be awarded to bilateral financial institutions as a state match pursuant to this subdivision only after federally committed funds have been secured and are available for expenditure on a one-to-one basis.
(k)Twenty million dollars ($20,000,000) shall be available to improve the climate resiliency of, or for the protection of, the Clear Lake Watershed.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(a)Of the funds made available by Section 91030, one hundred seventy million dollars ($170,000,000) shall be available, upon appropriation by the Legislature, to implement the Salton Sea Management Program 10-year Plan, and any subsequent revisions to that plan, or any subsequent plans, to provide air quality, public health, and habitat benefits.
(b)Of the funds made available by

subdivision (a), ten million dollars ($10,000,000) shall be available for either of the following:

(1)The creation of a Salton Sea Conservancy.
(2)The Salton Sea Authority.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

(a)Of the funds made available by Section 91000, one hundred fifty million dollars ($150,000,000) shall be available, upon appropriation by the Legislature, to the Wildlife Conservation Board for projects pursuant to the guidelines of the Stream Flow Enhancement Program, including the acquisition of water or water rights, acquisition of land that includes water rights or contractual rights to water, and short- or long-term water transfers and

leases.

(b)Of the funds made available by subdivision (a), fifty million dollars ($50,000,000) shall be available to the Wildlife Conservation Board for the Habitat Enhancement and Restoration Program for fishery enhancement projects and programs that support reintroducing salmon into cold water habitat in the Sacramento and San Joaquin Rivers watersheds.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Of the funds made available by Section 91000, twenty million dollars ($20,000,000) shall be available, upon appropriation by the Legislature, to the Natural Resources Agency for grants to nature and climate education and research facilities, nonprofit organizations and public institutions, natural history museums, California zoos and aquariums accredited by the Association of Zoos and Aquariums, and geologic heritage sites that serve diverse populations. Grants may

be used for buildings, equipment, structures, and exhibit galleries that present collections to promote climate, biodiversity, and cultural literacy. Projects may support species recovery and biodiversity protection in order to advance the state’s 30x30 conservation goal.

Added by Stats. 2024, Ch. 83, Sec. 2. (SB 867) Approved in Proposition 4 at the November 5, 2024, election. Effective November 6, 2024.

Projects funded pursuant to this chapter shall be consistent with the policies and guidelines established by the Water Resilience Portfolio, California’s Water Supply Strategy, the Central Valley Flood Protection Plan, and the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), if applicable.