Public Resources Code section 90135
(a)
The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the agency’s internet website in a downloadable spreadsheet format. The spreadsheet shall include all of the following information:(1)
Information about the location and footprint of each funded project.(2)
The project’s objectives.(3)
The status of the project.(4)
Anticipated outcomes.(5)
The public benefits to be derived from the project, including whether the project has meaningful and direct benefits to vulnerable populations, disadvantaged communities, or severely disadvantaged communities.(6)
The total cost of the project, if known.(7)
The amount of bond funding provided.(8)
Any matching moneys provided for the project by the grant recipient or other partners.(9)
The applicable chapter of this division pursuant to which the recipient received moneys.(b)
The Department of Finance shall provide for an independent audit of expenditures pursuant to this division. If an audit, required by law, of any entity that receives funding authorized by this division is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct or arrange for a full audit of any or all of the activities funded pursuant to this division. Any audit of a federal Department of Energy or National Aeronautics and Space Administration research and development center pursuant to this section shall be conducted in accordance with the Federal Laboratory Contracting Act (Chapter 7 (commencing with Section 12500) of Part 2 of Division 2 of the Public Contract Code).(c)
A state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant.(d)
The costs associated with the publications, audits, statewide bond tracking, cash management, and related oversight activities provided for in this section shall be funded from the proceeds of bonds authorized by this division. These costs shall be shared proportionally by each program funded by this division. Actual costs incurred to administer nongrant programs authorized by this division shall be paid from the proceeds of bonds authorized by this division.(e)
(1)A regulation for the purposes of developing and adopting program guidelines and selection criteria needed to effectuate or implement the programs included in Chapter 2 (commencing with Section 91000) to Chapter 9 (commencing with Section 94500), inclusive, of this division may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. A state agency shall be exempt from the requirement that it describe facts showing the need for immediate action.(2)
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this subdivision shall be filed with, but not be repealed by, the Office of Administrative Law, and shall remain in effect until repealed or amended by the adopting state agency.(f)
(1)Notwithstanding subdivision (e), a regulation for the purpose of developing and adopting program guidelines and selection criteria needed to effectuate or implement the programs included in Chapter 2 (commencing with Section 91000) to Chapter 9 (commencing with Section 94500), inclusive, of this division, may be adopted pursuant to this subdivision.(2)
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines and selection criteria needed to effectuate or implement the programs included in Chapter 2 (commencing with Section 91000) to Chapter 9 (commencing with Section 94500), inclusive, of this division.(3)
Before disbursing grants pursuant to this division, a state entity that receives funding to administer a competitive grant program, established using the exemption pursuant to paragraph (2) of this subdivision, shall do all of the following:(A)
Develop draft project solicitation and evaluation guidelines.(B)
Transmit copies of the draft solicitation and evaluation guidelines to the fiscal committees and to the appropriate policy committees of the Legislature, publish the draft solicitation and evaluation guidelines on its internet website for a public comment period of at least 30 days, and hold a noticed public meeting on the draft solicitation and evaluation guidelines. All written public comments received shall be posted on the state entity’s internet website, unless indicated otherwise by the person who provided the written public comment. The state entity shall respond in writing to each public comment.(C)
Offer opportunity for tribal consultation to impacted tribes.(D)
After completing the requirements contained in subparagraphs (A) to (C), inclusive, finalize project solicitation and evaluation guidelines.(E)
(i)Submit the final guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this division. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by a state entity and the subsequent verifications on the Natural Resources Agency’s internet website.(ii)
The requirement to submit final guidelines to the Secretary of the Natural Resources shall not apply to the State Water Resources Control Board.(F)
Upon adoption, transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.(4)
Notwithstanding paragraph (3), if a state entity, before the effective date of the act adding this paragraph, developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this division for a program described in Chapter 2 (commencing with Section 91000) to Chapter 9 (commencing with Section 94500), inclusive, of this division, the use of those guidelines shall constitute compliance with the requirements of this subdivision.(5)
The requirements contained in this subdivision do not apply to the development and adoption of program guidelines and selection criteria needed to effectuate or implement any program that is funded by any appropriation made in the Budget Act of 2025, or in any bill identified in Section 39.00 of the Budget Act of 2025, from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Fund established pursuant to Section 90500.
Source:
Section 90135, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum=90135. (updated Jul. 16, 2026; accessed Jul. 27, 2026).
