BILL NUMBER: AB 2704 CHAPTERED 09/27/02 CHAPTER 956 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE ASSEMBLY AUGUST 29, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 26, 2002 AMENDED IN SENATE JUNE 28, 2002 AMENDED IN SENATE JUNE 20, 2002 AMENDED IN ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY APRIL 17, 2002 INTRODUCED BY Assembly Member Aroner FEBRUARY 22, 2002 An act to amend Section 7048 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2704, Aroner. Flood damage reduction and urban creek restoration. Existing law authorizes the Director of Water Resources to establish a program of flood control and urban creek restoration, consisting of the development of the capability by the Department of Water Resources to respond to requests from local agencies and organizations for planning and design assistance for low-cost and effective urban creek protection, restoration, and enhancement. This bill would recast this provision to instead provide for a program of flood damage reduction and urban creek restoration to be known as the Urban Streams Restoration Program that would consist of 2 components with the first component the same as existing law except the planning and design assistance would be for efficient and effective protection, restoration, and enhancement. The bill would provide that the second component of the program consist of, to the extent that funds are provided, a process for awarding competitive grants. The bill would revise the described activities to include adaptive management, as defined, necessary to meet flood damage reduction and flood plain acquisition, ecological, urban fisheries restoration, and recreation objectives. The bill would require the department to maintain a balance in allocating the money annually available for grants to small urban creek restoration projects, as defined, and large urban stream restoration projects, as defined. The bill would also authorize the department to adopt regulations that define adaptive management, to establish criteria to fund projects, and to amend or utilize existing regulations for approving competitive grants. The department would be required to annually make available to the public, in a form that is readily accessible, information regarding the status of funds appropriated for these purposes and projects that received grants. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7048 of the Water Code is amended to read: 7048. (a) The Legislature hereby finds and declares that the protection, restoration, and enhancement of urban creek channels provide potential benefits to the state by combining an effective and efficient means of flood damage reduction with the preservation and enhancement of natural environmental values. The Legislature further finds that urban creek protection, restoration, and enhancement are best undertaken by local agencies and organizations with assistance from the state. It is the intent of the Legislature, in enacting this section, to restore the ecological viability of creek environments located in predominantly urban areas, thereby enhancing aesthetic, recreational, and fish and wildlife values. (b) (1) The director may establish a program of flood damage reduction and urban creek restoration known as the Urban Streams Restoration Program. The program shall consist of both of the following components: (A) The development of the capability by the department to respond to requests from local agencies and organizations for planning and design assistance for efficient and effective urban creek protection, restoration, and enhancement. (B) To the extent that funds are provided, a process for awarding competitive grants. (2) For purposes of this section, urban creek protection, restoration, and enhancement include, but are not limited to, the maintenance of channel capacity, channel stabilization, vegetation management, and adaptive management to meet program objectives. Where appropriate, the protection, restoration, and enhancement shall utilize efficient, nonstructural low-maintenance flood protection techniques. The department shall utilize in this program its expertise in a variety of disciplines, including, but not limited to, soil bioengineering, hydrology, and plant ecology. (3) (A) The department shall maintain a balance in allocating the money annually available for grants to small urban creek restoration projects and large urban stream restoration projects, allocating not less than 35 percent to both small and large projects. For purposes of this section, "small urban creek restoration projects" are projects for which total costs, including acquisition and restoration costs, are below one million dollars ($1,000,000) and "large urban stream restoration projects" are projects for which total costs, including acquisition and restoration costs are one million dollars ($1,000,000) or more. (B) Notwithstanding subparagraph (A), if an insufficient number of qualified projects are available to fully meet the allocation requirement, the department may grant funds to any project that is otherwise qualified, in order to ensure that all available funds are used efficiently. (c) In responding to requests for assistance, the department shall give priority to those projects that are being planned in conjunction with, or in lieu of, local flood control projects. The department may award grants and contracts to local agencies and organizations as provided for in the budget of the department. Participating local agencies and organizations shall follow procedures, plans, and practices that are acceptable to the department, and shall conform to guidelines established by the department that define the level of contribution and participation required by local agencies and organizations. The department shall coordinate the program with the Department of Fish and Game during the formulation of guidelines and project planning for urban creek protection, restoration, and enhancement. The department shall also consult with the Department of Fish and Game on project criteria which may include economic, environmental, and social benefits to be achieved. (d) It is the intent of the Legislature that the duties and responsibilities of the department be identified as the Urban Streams Restoration Program and be carried out by an office or staff designated for this purpose. Information on how to obtain planning, design, and financial assistance should be readily accessible to the public. (e) As used in this section, "urban creek" means a creek stream, or river that crosses built-up residential, commercial, or industrial property, or that crosses land where, in the near future, the land use will be residential, commercial, or industrial. (f) For the purposes of this section, eligible activities include, but are not limited to, the maintenance of channel capacity and stabilization of the morphological equilibrium of a natural channel for purposes of flood damage reduction, erosion control, and bank stabilization which may include nonstructural as well as structural projects. (g) The department may adopt regulations that define adaptive management for the purposes of the Urban Streams Restoration Program and establish criteria to fund projects that include adaptive management activities. (h) The department may amend or utilize existing regulations for approving competitive grants. The regulations may include, but are not limited to, an application process, grant approval criteria, and grantee's reporting requirements. The department shall annually make available to the public, in a form that is readily accessible, information regarding the status of funds appropriated for these purposes and projects that received grants.