BILL NUMBER: AB 1520 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
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 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
(department) .
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. The bill would require that no
less than 50% of the committee membership be comprised of
representatives from community-based nonprofit organizations, local
governments, and resource conservation districts. The bill
would authorize members to receive reimbursement for travel expenses
in accordance with specified rules and would prohibit the
disclosure of proprietary information, except as specified
.
This bill would require the department to post research findings,
reports, and other materials, as appropriate, produced or funded by
the program in a conspicuous location on the department's Internet
Web site.
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
the department to contract with qualified scientists
or institutions with expertise relating to the conservation,
restoration, protection, and management of the state's watersheds
, as specified, 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
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) 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.
(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 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.
(f) This chapter is enacted to accomplish all of the following:
(1) Establish the Statewide Watershed Program as a voluntary and
nonregulatory program to 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)
(2) 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)
(3) Encourage participation by local governments and
community organizations.
(g) It is the intent of the Legislature that the Statewide
Watershed Program be carried out in partnership with, among other
entities, locally based watershed organizations in a manner that is
transparent and inclusive, supports scientifically and technically
sound watershed management plans, and recognizes that the state's
interest is served, to the extent feasible, by ensuring that any
standards governing the content of local watershed plans,
assessments, or practices reflect diverse regional differences.
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.
(a) "Agency" means the Natural Resources Agency.
(b) "Committee" means the State Watershed Advisory Committee.
(c) "Community" means the persons who are stakeholders within the
local watershed.
(d) "Department" means the Department of Conservation.
(e) "Director" means the Director of Conservation.
(f) "Disadvantaged community" means a community with an annual
median household income that is less than 80 percent of the statewide
annual median household income.
(g) "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.
(h) "Program" means the Statewide Watershed Program established in
the Department of Conservation.
(i) "Secretary" means the Secretary of the Natural Resources
Agency.
(j) "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.
(k) "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.
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 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.
(c) Members of the committee shall serve a term of two years, and
may be reappointed for additional two-year terms by the secretary at
his or her discretion.
(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.
(e) No less than 50 percent of the committee membership shall be
comprised of representatives from community-based nonprofit
organizations, local governments, and resource conservation
districts.
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 Development of best
management practices for the 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.
(D) Administration of the program.
(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.
(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 reimbursement for
travel expenses in accordance with the rules of the Department of
Personnel Administration for attendance at meetings and other
approved committee activities.
5809.5. 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.
5809.6. Except as provided in Section 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.
5809.7. (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.
5809.6. The department shall post research findings, reports, and
other materials, as appropriate, produced or funded by this program
in a conspicuous location on the department's Internet Web site. The
department shall exercise its discretion in posting information that
may reveal personal identifying information or information otherwise
exempt from disclosure pursuant to Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.
5809.8. 5809.7. (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.
5809.9. 5809.8. 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
5809.9. The director shall consider
recommendations from the committee when establishing clear priorities
for the program and ensure that those priorities are met in a
timely manner.
5809.11. 5809.10. (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.
(b) Funds expended to implement the program may be made available
for the following:
(1) (A) Reasonable and necessary administrative expenses of the
agency, department, and committee in implementing this chapter.
(B) To the extent that state bond funds are used, those expenses
shall conform to the terms and conditions prescribed by the funding
source, including, but not limited to, Section 75070.5 of this code
and Section 79590 of the Water Code.
(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.
(c) The department shall develop criteria for the review and
approval of grant applications and shall establish and require a
cost-sharing requirement for all grants. The department may waive or
reduce the cost-sharing requirements for projects that directly
benefit or occur in a disadvantaged community. The cost-sharing
requirement may be provided in the form of cash or in-kind services
or materials, or any combination of those, as determined by the
department.
5809.12. 5809.11. 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.
5809.13. 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.
5809.12. The department may contract with qualified scientists or
institutions with expertise relating to the conservation,
restoration, protection, and management of the state's watersheds for
research or education activities in furtherance of the purposes of
this chapter.
5809.14. 5809.13. 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.
5809.15. 5809.14. 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 Legislature on the progress
in implementing this chapter.
5809.16. 5809.15. 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.