BILL NUMBER: AB 66 CHAPTERED 10/09/03 CHAPTER 675 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE ASSEMBLY SEPTEMBER 10, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE AUGUST 19, 2003 AMENDED IN SENATE JUNE 30, 2003 AMENDED IN SENATE JUNE 17, 2003 AMENDED IN ASSEMBLY MAY 7, 2003 AMENDED IN ASSEMBLY APRIL 22, 2003 AMENDED IN ASSEMBLY MARCH 26, 2003 AMENDED IN ASSEMBLY FEBRUARY 5, 2003 INTRODUCED BY Assembly Member Leslie (Coauthors: Assembly Members Aghazarian, Bates, Benoit, Cogdill, Cox, Dutton, Garcia, Harman, Houston, Lieber, Longville, Maddox, Maze, Nakanishi, Pacheco, and Spitzer) (Coauthor: Senator Denham) DECEMBER 9, 2002 An act to amend Section 7270.5 of, and to add Sections 7275 and 7276 to, the Food and Agricultural Code, and to add Division 2.7 (commencing with Section 1970) to the Streets and Highways Code, relating to riparian habitat. LEGISLATIVE COUNSEL'S DIGEST AB 66, Leslie. Riparian habitat: Adopt-A-Riverway Program. Under existing law, the Department of Transportation controls state highways and associated properties, counties are responsible for county highways, and cities are responsible for city streets. Existing law authorizes the Department of Transportation to enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement of a section of a state highway. The Director of Transportation is authorized to recognize the sponsoring person with the erection of a courtesy sign on the highway. Existing law further authorizes the department to issue encroachment permits. Pursuant to this authority, the department operates a government-volunteer partnership Adopt-A-Highway Program. Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management. Existing law creates the Noxious Weed Management Account in the Department of Food and Agriculture Fund, for use by the Secretary of Food and Agriculture for the purpose of managing and eradicating noxious weeds through local weed management areas implementing integrated weed management plans, as defined. This bill would authorize the Department of Food and Agriculture to accept funds or services from any person, as defined, for maintenance or enhancement of a section of a state riverway, as defined, for purposes of operating a government-volunteer partnership Adopt-A-Riverway Program. Participation in the program would include management of noxious and invasive weeds, as defined. Authorized program activities include planting and establishing native seedling trees, shrubs, native grasses, and wildflowers, and removing litter and weeds, consistent with an integrated weed management plan. The bill would establish an Adopt-A-Riverway Fund for proceeds donated, appropriated, transferred, or otherwise received for the purpose pertaining to the Adopt-A-Riverway Program. Upon receipt of donations to the fund totaling a minimum of $100,000, up to 5% of any individual donation of $5,000 or more may be used for courtesy signs recognizing the donor. This bill would provide that all startup costs incurred by the state in establishing the program would be reimbursed by the fund before any money in the fund may be expended for program purposes. This bill would authorize local authorities, with respect to highways under their jurisdictions, to place and maintain courtesy signs recognizing sponsors of the Adopt-A-Riverway Program. The bill would authorize the Department of Food and Agriculture to award courtesy signs to persons donating a minimum of $5,000 annually to the Adopt-A-Riverway Fund and to enter into an agreement with a local authority for production, placement, and maintenance of courtesy signs. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Noxious and invasive weeds have destroyed large portions of riparian habitat along creeks, streams, rivers, lakes, reservoirs, and other bodies of freshwater in California. (b) Noxious and invasive weeds damage the integrity of the riparian system by altering erosion, sedimentation, flooding, and fire. (c) The invasive weed Arundo donax (giant reed) has established large colonies across the state, most notably in southern California, where in one 10,000 acre area of riparian habitat it has been estimated to consume more than 30,000 acre-feet of water each year, or enough water to meet the yearly freshwater needs of 150,000 persons. (d) Proper noxious and invasive weed management in riparian habitats is critical to sustaining California's freshwater supply in the future. (e) The Legislature intends that the Department of Food and Agriculture operate an Adopt-A-Riverway Program consistent with the integrated weed management plans for the control of noxious weeds implemented pursuant to Article 1.7 (commencing with Section 7270) of Chapter 1 of Part 4 of Division 4 of the Food and Agricultural Code. (f) The Legislature intends that any private gifts, donations, or bequests to the Adopt-A-Riverway Fund are charitable contributions pursuant to Section 170 of the Internal Revenue Code. (g) The Legislature intends that a portion of the donations made to the Adopt-A-Riverway Program be used to pay for courtesy signs in recognition of the donors' efforts to restore California's riverways and riparian habitats. (h) The Legislature intends the act adding this section to encourage local governments to organize litter removal events in which persons may volunteer time to pick up litter along waterways and in riparian habitats within the local government's jurisdiction. (i) The Legislature intends that the act adding this section shall not be construed to permit the encroachment onto private property or the infringement upon the private property rights of any person in this state. SEC. 2. Section 7270.5 of the Food and Agricultural Code is amended to read: 7270.5. For the purposes of this article: (a) "Integrated weed management plan" means an ecosystem-based control strategy that focuses on long-term prevention of weeds through a combination of techniques, such as biological controls, judicious use of herbicides, modified land management, and cultural practices, and where control practices are selected and applied in a manner that minimizes the risks to human health, nontargeted organisms, and the environment. An integrated weed management plan shall also, when appropriate, comply with any applicable provisions of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500) of the Food and Agricultural Code, and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (b) "Noxious and invasive weeds" means weeds that the department has determined to be either noxious or invasive weed species. (c) "Person" shall have the same meaning as in Section 38, but shall additionally include the United States of America, and all political subdivisions, districts, municipalities, and public agencies of the State of California. (d) "Riverway" means the water, bed, shoreline,and riparian vegetation, of any creek, including an "urban creek" as defined in Section 7048 of the Water Code, stream, river, lake, reservoir, or other body of freshwater, including a "stream environment zone" as defined in Section 66957 of the Government Code, as well as enclosed bays and estuaries, as defined by Section 13391.5 of the Water Code. SEC. 3. Section 7275 is added to the Food and Agricultural Code, to read: 7275. (a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program. (b) The department may receive funds or services from any person to assist a weed management area in implementing an integrated weed management plan, pursuant to this article. (c) Adopt-A-Riverway Program activities may include the following activities, provided the activities are completed as part of an approved integrated weed management plan and are coordinated with the responsible local agency: (1) Planting and establishing native seedling trees, native grasses, and wildflowers along the adopted riverway. (2) Removal of litter and noxious and invasive plant species. (d) Adopt-A-Riverway Program activities shall be conducted only on publicly owned land unless permission is granted by the owner or owners of private property for program activities to take place on their property as well. (e) Activities undertaken pursuant to subdivision (c) are subject to review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any state or locally adopted river management or conservancy plan. (f) The secretary may request a local authority to authorize a courtesy sign to be placed on a county highway or city street, near the riverway, pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code. (g) It is the intent of the Legislature that the duties and responsibilities of the department, as provided for in this section, be accomplished by utilizing existing staff resources, as available. SEC. 4. Section 7276 is added to the Food and Agricultural Code, to read: 7276. (a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may collect for deposit into the fund, gifts, donations, bequests, and moneys made available from federal, state, and local sources. (b) Notwithstanding subdivision (c) of Section 7271, the secretary of the department shall award grants from the Adopt-A-Riverway Fund to weed management areas, as defined by subdivision (b) of Section 7272, for the purpose of integrated weed management along riverways and in riparian habitats consistent with Sections 7272 and 7272.5. (c) Notwithstanding subdivision (c) of Section 7271, the secretary of the department may award grants from the Adopt-A-Riverway Fund to nonprofit organizations for integrated weed management along riverways and in riparian habitats. The department shall establish regulations for grant eligibility and award pursuant to this subdivision. (d) Fifteen percent of the total moneys in the Adopt-A-Riverway Fund shall be made available to the department, to be used only for the following purposes: (1) Carrying out the provisions of this article. (2) Developing of noxious weed control strategies. (3) Seeking new, effective biological control agents for the long-term control of noxious weeds. (4) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners. (e) Upon receipt of donations to the fund totaling a minimum of one hundred thousand dollars ($100,000), up to 5 percent of any individual donation of five thousand dollars ($5,000) or more may be used for courtesy signs to be produced, placed, and maintained pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code. (f) All startup costs incurred by the state in establishing the Adopt-A-Riverway Program shall be reimbursed to the General Fund from the Adopt-A-Riverway Fund before any money or other proceeds in the fund may be expended for program purposes or transferred by grant award. SEC. 5. Division 2.7 (commencing with Section 1970) is added to the Streets and Highways Code, to read: DIVISION 2.7. COURTESY SIGNS 1970. (a) Local authorities, with respect to highways under their respective jurisdictions, may place and maintain, or cause to be placed and maintained, courtesy signs to recognize the sponsors of the Adopt-A-Riverway Program. (b) Courtesy signs shall be consistent with existing code provisions and department rules and regulations concerning signs. (c) Courtesy signs shall only be placed upon the highways of a local authority, upon the approval of an authorizing resolution by a majority of the members of the governing body of that local authority. The resolution authorizing the placement of courtesy signs shall include all of the following: (1) A general plan of where the courtesy signs will be placed within the geographical borders of the local authority, including any street, bike trail, or pedestrian path. (2) A finding that the planned placement of the courtesy signs would not degrade the natural environment of the area. (d) Courtesy signs shall contain the title "Adopt-A-Riverway" at the top of the sign and the name or logo of the sponsoring person or entity below the "Adopt-A-Riverway" title. Logos shall be provided at the sponsors' own cost. Both the title and the logo shall be in large enough fonts that are easily read. 1975. (a) Courtesy signs may be awarded by the Department of Food and Agriculture, to persons that donate a minimum of five thousand dollars ($5,000) annually to the Adopt-A-Riverway Fund. Donors may stipulate in which county they desire the courtesy signs be placed and may request specific sign placement within the county. (b) The Department of Food and Agriculture may enter into an agreement with a local authority for production, placement, and maintenance of courtesy signs to be awarded pursuant to this section. (c) The costs incurred by the local authorities associated with placing and maintaining courtesy signs shall be paid for out of the Adopt-A-Riverway Fund.