BILL NUMBER: AB 1520 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Evans
( Coauthor: Assembly Member
Chesbro )
FEBRUARY 27, 2009
An act to add Chapter 6.6 (commencing with Section 5809.1) to
Division 5 of the Public Resources Code, relating to watersheds.
LEGISLATIVE COUNSEL'S DIGEST
AB 1520, as amended, Evans. Statewide Watershed Program.
The California Watershed Protection and Restoration Act requires
state agencies to adopt guidelines for use by local watershed
partnerships to provide specified mechanisms and authorizes state
agencies with jurisdiction over watershed planning and protection to
provide technical assistance to watershed management partnerships, to
the extent that funds are available.
This bill would establish the Statewide Watershed Program as a
voluntary and nonregulatory program to provide the means by
which the state may provide assistance and funds to local
community-based efforts in the conservation, protection, and
restoration of the state's watersheds and to promote coordinated
management of watersheds under the authority of the Secretary of the
Natural Resources Agency and the Department of Conservation.
The bill would create within the department a State Watershed
Advisory Committee consisting of at least 10 members appointed by the
secretary, with at least one member from each of the state's
hydrologic regions, as specified , and would authorize the
secretary to appoint additional members and advisory persons to
provide additional assistance in the establishment, administration,
or operation of the program . The bill would authorize
members to receive per diem and milage
reimbursement for travel expenses in accordance with specified
rules and would prohibit the disclosure of proprietary information,
except as specified.
The bill would also authorize the secretary to cooperate with the
federal government, other states, and other state and local agencies
in furtherance of the purposes of the program and would authorize the
program to receive contributions or funds from specified private or
public entities or persons. The bill would authorize the secretary to
contract with any authoritative scientific body, as specified,
would exempt the expenditure of funds, the awarding of
grants, and the adoption of guidelines from the California
Environmental Quality Act (CEQA), and would exempt the
adoption of guidelines, qualifications, or conditions from the
Administrative Procedure Act.
The bill would require that the provisions of the Statewide
Watershed Program only be implemented in a fiscal year for which
funding is provided in the annual Budget Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6.6 (commencing with Section 5809.1) is added
to Division 5 of the Public Resources Code, to read:
CHAPTER 6.6. STATEWIDE WATERSHED PROGRAM
5809.1. The Legislature finds and declares all of the following:
(a) Clean water and healthy watersheds are necessary to support
human communities as well as the state's native fish, wildlife, and
plant communities, and are part of the legacy of California. Each
generation has an obligation to be good stewards of those resources
in order to pass them on to the next generation.
to ensure their preservation for future generations.
(b) Watershed management is a proven and valuable approach to
meeting comprehensive natural resource management objectives.
Watersheds provide a useful natural unit for managing chemical,
physical, biological and socioeconomic processes in an integrated and
productive fashion.
(c) It is in the state's interest to empower its citizens to help
achieve the state's objectives for natural resources management,
including the conservation, protection, restoration, and management
of watersheds. The state government cannot protect and restore its
watersheds alone.
(d) The environment, economy, and health and welfare of the people
of the state could be seriously damaged if the state's watersheds
are not adequately managed and protected.
(e)
(c) This chapter is not intended to establish a
precedent, to supersede or reduce, or in any way alter any federal or
state law or regulation, including, but not limited to, laws
regarding water quality, water rights, land use, forestry practices
or otherwise establish regulation of watersheds, water, land, or land
use.
(f) The purposes of this chapter are enhanced by the many and
varied efforts of federal, state, municipal, public, community, and
volunteer organizations to conserve, restore, and manage watersheds.
(g) This chapter is enacted in the public interest and in the
exercise of the police power of the state for the purpose of
protecting the health, peace, safety, and general welfare of the
people of this state.
5809.2. (a) The Legislature hereby declares that conservation,
protection, restoration, and management of the state's watersheds and
the broad range of products, goods, services, and values they
provide are of fundamental importance to the prosperity and welfare
of the people of this state. The Legislature declares that the state
must
(d) The state should assume
leadership in formulating and putting into effect a statewide program
that will advance sustainable watershed-based management of
California's natural resources using community-based strategies
, and do so by empowering its citizens to help achieve the
state's objectives for natural resources management, and to work
cooperatively to conserve, protect, restore, and manage
watersheds and related natural resources.
(e) The expenditure of state, county, city, city and county,
district, special district, or other public funds that are available
or may become available for planning, designing, or implementing the
program and for the construction or maintenance of control or
preservation or restoration projects in furtherance of this program
on privately or publicly owned land constitutes an expenditure for
the general public benefit.
(b) The Legislature hereby declares that this chapter is enacted
(f) This chapter is enacted to
accomplish all of the following purposes :
(1) Establish the Statewide Watershed Program as a voluntary and
nonregulatory program to implement the purposes of this
chapter.
(2) Provide the
means by which the state may provide assistance and funds
to local community-based efforts in the conservation, protection, and
restoration of the state's watersheds and promote coordinated
management of watersheds under the authority of the Secretary of the
Natural Resources Agency and the Department of Conservation. The
leadership and assistance to be provided pursuant to this chapter
shall include all of the following:
(A) Coordination and communication.
(B) Information and data management.
(C) Training and technical assistance.
(D) Education.
(E) Scientific assistance.
(F) Financial assistance.
(3) Increase collaboration among the Natural Resources Agency,
including the Department of Conservation, the Department of Water
Resources, the Department of Fish and Game, the Department of
Forestry and Fire Protection, the California Environmental Protection
Agency, the Department of Food and Agriculture, the State Water
Resources Control Board, and the Ocean Protection Council to
implement this chapter.
(4) Encourage participation by local governments and community
organizations in the Statewide Watershed Program as a
strategy to improve management of natural resources for which those
agencies are directly responsible .
5809.3. 5809.2. As used in this
chapter, unless otherwise specified, the following terms have the
following meanings:
(a) "Committee" means the State Watershed Advisory Committee.
(b) "Department" means the Department of Conservation.
(c) "Person" means a natural person, association, corporation,
city, county, city and county, special district, or joint powers
authority, the state, a political subdivision of the state, or the
federal government.
(d) "Secretary" means the Secretary of the Natural Resources
Agency.
(e) "Director" means the Director of Conservation.
(f) "Watershed" means all lands enclosed by a continuous
hydrologic drainage divide and lying upslope from a specified point
on a stream, river, lake, or other body of water.
(g) "Agency" means the Natural Resources Agency.
(h) "Program" means the Statewide Watershed Program established in
the Department of Conservation.
(i) "Stakeholder" means a person who has a direct interest in a
watershed as a result of jurisdiction, residence, land ownership,
water rights, or other effect from his or her use of the water or
land in the watershed.
(j) "Community" means the persons who are stakeholders within the
local watershed.
5809.4. 5809.3. (a) The secretary
shall create within the department the State Watershed Advisory
Committee, which shall consist of at least 10, but not more than 25
members, with membership from each of the state's ten hydrologic
regions as determined by the Department of Water Resources. Members
of the committee shall be appointed by and serve at the pleasure of
the secretary.
(b) The secretary may appoint additional members to the committee,
in his or her discretion, to provide additional assistance in the
establishment, administration, or operation of the program.
(c)
(b) The members of the committee shall be familiar with
and understand the community-based watershed efforts occurring in
their region and may include representatives of county, city, city
and county, special district, and stakeholder interests.
(d) The secretary and other appropriate individuals, as determined
by the secretary, shall be nonvoting ex officio members of the
committee.
(e)
(c) Members of the committee shall serve a term of two
years, and may be reappointed for any additional
additional two-year terms by the secretary at his or her
discretion.
(f)
(d) Persons appointed to the committee are intended to
represent and further the interests of the state, their community,
and watershed, and their representation and furtherance of the
program are intended to serve the public interest. Therefore, the
Legislature finds that, with respect to persons who are appointed to
the committee, the state, community, and watershed are tantamount to,
and constitute, the public generally within the meaning of Section
87103 of the Government Code.
5809.5. 5809.4. (a) The committee
shall be advisory only, to assist the secretary and the director.
(b) In carrying out its responsibilities, the committee may do all
of the following:
(1) Submit recommendations to the secretary or director regarding,
but not limited to, all of the following:
(A) Conservation, restoration, protection, and management of the
state's watersheds.
(B) Identification and prioritization of problems, opportunities,
and recommendations for solutions to problems associated with the
state's natural resources.
(C) Criteria for measuring progress made toward the conservation,
restoration, protection, and management of the state's watersheds.
(B)
(D) Administration of the program.
(C)
(E) Operation of the committee, including but not
limited to, all of the following:
(i) Selection of committee members.
(ii) The program's annual budget.
(D)
(F) Expenditures made to implement the program.
(2) Adopt, amend, and rescind all proper and necessary bylaws and
procedures for the committee's operation.
(c) Upon authorization and preapproval from the agency
or department, members of the committee may receive per diem
and mileage reimbursement for travel expenses
in accordance with the rules of the Department of Personnel
Administration for attendance at meetings and other approved
committee activities.
5809.6. (a) The secretary or director may appoint additional
advisory bodies, or persons to serve in an advisory capacity,
including, but not limited to, scientific experts, university
researchers, and persons with interests in watershed, water, or
natural resources that may be affected by this division.
(b) Persons serving in an advisory capacity may be reimbursed,
upon request, for necessary and actual expenses incurred by them in
the performance of their duties pursuant to law.
5809.7. 5809.5. An action in law
or equity shall not be brought against a member or agent of the
committee, and a member or agent of the committee shall not be
personally liable for the actions of the committee or the department
or agency. A member or agent of the committee is not responsible
individually to another person for errors in judgment, mistakes, or
other acts of commission or omission, as a principal, agent, or
employee, except for his or her own individual acts including
dishonesty, fraud, or crime. A member or agent of the committee is
not responsible individually for an act or omission of another member
or agent of the committee, or the department or agency. Liability is
several and not joint, and a member or agent of the committee is not
liable for the default of another member or agent of the committee,
or the department or agency.
5809.8. 5809.6. Except as provided
in Section 5809.9 5809.7 , data and
related information and materials produced during the course of
research conducted pursuant to this chapter that are in the
possession of the department, the committee, or any other body
engaged in research funded pursuant to this chapter, shall be
property of the state, and may be released at the discretion of the
secretary or the director under delegation from the secretary in
furtherance of the purposes of this chapter.
5809.9. 5809.7. (a) All proprietary
information obtained by the committee, the department, or the agency
in furtherance of this chapter, including, related to private
land, but not limited to, information not made public pursuant
to other state or federal laws, that comes into possession of the
committee, the department, or the agency, is confidential and shall
not be disclosed, except when required by a court order issued upon a
showing of good cause and that the information is necessary to a
judicial proceeding involving this article.
(b) Disclosure, as permitted under this section, shall be
conducted in camera by the court.
(c) The court shall, in its discretion, issue orders restraining a
party or parties to a judicial proceeding involving this chapter
from disseminating any proprietary information to the public or
another person not a party to the judicial proceeding.
5809.10. 5809.8. (a) There is
hereby created within the Department of Conservation the Statewide
Watershed Program.
(b) The program shall be conducted under the control of the
secretary and administered by the department.
(c) The department shall provide staffing and logistical support
that in the director's discretion is necessary for administering the
program.
(d) The department may contract with a public or private entity to
carry out activities in furtherance of this chapter.
5809.11. 5809.9. The director shall
implement, administer, and take those actions as he or she deems
necessary, in his or her discretion, to fulfill the purposes of this
chapter and carry out the responsibilities of the program.
5809.10. The director shall establish clear priorities for the
program and ensure that those priorities are met in a timely manner.
5809.12. 5809.11. (a) The program
shall provide assistance and funds to local community-based efforts
in the conservation, protection, and restoration of the state's
watersheds and promote coordinated management of watersheds. The
leadership and assistance provided pursuant to this chapter shall
include all of the following:
(1) Coordination and communication.
(2) Information and data management.
(3) Training and technical assistance.
(4) Education.
(5) Scientific assistance.
(6) Financial assistance.
(b) Funds made available to implement the program pursuant to this
chapter may be expended for all of the following:
(1) Reasonable administrative expenses of the agency, department,
and committee in carrying out the responsibilities, purposes, and
policies of this chapter.
(2) Coordination and communication for the provision of assistance
in making programs, permits, educational materials, methods,
reporting, and any other relevant information available for the
conservation, restoration, and management of watersheds.
(3) Information and data management and collection of information
regarding watershed conservation, protection, restoration, and
management, including, but not limited to, water quality, water
supply and demand, vegetation management, land use activities,
socioeconomic conditions, and other information as may be useful in
understanding, designing, permitting, implementing, or otherwise
furthering the purposes of this chapter.
(4) Training and technical assistance to persons who are engaged
in, or seek to be engaged in, or contribute to, watershed
conservation, protection, restoration, and management.
(5) Education of the general public, including, but not limited
to, schools, organizations, groups, and others regarding the
importance to the state of watershed conservation, protection,
restoration, and management.
(6) Science and research regarding the operation, conservation,
restoration, and management of watersheds, including recommendations
for scientific studies that may be useful to, or further efforts by,
local planners and practitioners, and communities involved in local
watershed conservation, protection, restoration, and management.
(7) Financial assistance, including, but not limited to, the
awarding of grants to community-based programs for coordination,
watershed assessment and planning, implementation of management
plans, and monitoring of watershed conditions and the effect of
management practices on those conditions.
5809.13. 5809.12. The secretary may
cooperate with the federal government, other states, other agencies
of this state, local government, public entities, or any person in
furtherance of the purposes of this chapter, and to that end the
program may receive, expend, and use contributions, grants, or any
other private or public funds or property provided from those
entities or persons.
5809.14. The following is hereby declared a matter of legislative
determination:
(a) The construction and maintenance on privately or publicly
owned land of works for watershed conservation, protection,
restoration, and management are matters of vital, statewide interest
and for the general public benefit.
(b) The expenditure of state, county, city, city and county,
district, special district, or other public funds that are available
or may become available for planning, designing, or implementing the
program and for the construction or maintenance of control or
preventive works on privately or publicly owned land constitutes an
expenditure for the general public benefit.
5809.15. 5809.13. Notwithstanding
any other provision of law, the secretary, upon the secretary's own
initiative or upon the recommendation of the committee, may contract
with any authoritative scientific body with expertise relating to the
conservation, restoration, protection, and management of the state's
watersheds, for research or other activities in furtherance of the
purposes of this chapter.
5809.16. The expenditure of funds, the awarding of grants, or the
adoption of guidelines for expenditures, awards, or the operation of
the program, as authorized by this chapter, shall not constitute a
project within the meaning of the California Environmental Quality
Act, (Division 13, commencing with Section 21000 of the Public
Resources Code).
5809.17. 5809.14. The adoption of
guidelines, qualifications, or conditions applicable to the award of
program grants shall be exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of the Government Code.
5809.18. This chapter shall be liberally construed to further its
purposes.
5809.15. On or before January 1, 2012, and on or before January 1
every two years thereafter the Department of Conservation, in
consultation with the Department of Fish and Game, the Department of
Water Resources, and any other relevant state agencies, shall submit
a report to the secretary on the progress in implementing this
chapter.
5809.16. This chapter shall be implemented only in a fiscal year
for which funding is provided for that purpose in the annual Budget
Act.
SEC. 2. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.