BILL ANALYSIS
AB 1520
Page 1
Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 1520 (Evans) - As Amended: April 13, 2009
SUBJECT : Statewide Watershed Program
SUMMARY : Establishes a Statewide Watershed Program (Program) as
a voluntary program in the Department of Conservation (DOC) to
provide assistance and funding to local community-based efforts
in the conservation, protection, and restoration of the state's
watersheds.
EXISTING LAW :
1)Appropriated $10 million, pursuant to Proposition 84, to DOC
to fund the Watershed Coordinator Grant Program in the 2008/09
Budget Act.
2)Pursuant to the California Watershed Protection and
Restoration Act (Chapter 693, Statutes of 2003),
a) Authorizes local governments, special districts, and
other interested parties to participate in local watershed
partnerships in order to ensure efficient, long-lasting,
and effective watershed restoration and management and to
improve the watershed.
b) Authorizes state agencies with jurisdiction over
watershed planning and protection to provide technical
assistance to watershed management partnerships through
training, advice, and manuals describing assessments,
plans, and monitoring activities that are consistent with
watershed protection laws and regulations.
3)Required the Secretary of Resources and State Water Resources
Control Board to select three watershed protection projects to
evaluate the existing collaborative and cooperative mechanisms
between local, state, and federal agencies, stakeholder
groups, and landowners to determine whether the preparation
and implementation of comprehensive watershed management
plans, including voluntary watershed management could be
streamlined; required the above agencies to submit an
evaluation report to the Legislature by February 1, 2002.
4)Appropriated $2 million to DOC in the 2000/01 Budget Act for a
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two-year grant program to fund watershed coordinators at
Resource Conservation Districts; required DOC to report to the
Legislature on grant objectives, performance measures, and
program benefits.
THIS BILL :
1)Establishes the Program as a voluntary, non-regulatory program
to provide assistance and funding 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 (Secretary) and administration of the
Director of DOC (Director). The purposes of the Program
include:
a) Coordination and communication, information and data
management, training and technical assistance, education,
scientific assistance, financial assistance.
b) Increasing collaboration among the departments of the
NRA, Cal/EPA, the Department of Food and Agriculture, the
State Water Resources Control Board, and the Ocean
Protection Council.
c) Encouraging participation by local governments and
community organizations
2)In administering the Program, DOC may hire staff, contract
with a public or private entity; the Director must establish
Program priorities.
3)Authorizes the Secretary, upon the secretary's own initiative
or upon the recommendation of the Committee, to 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 Program.
4)Requires the Secretary of NRA to create within DOC a State
Watershed Advisory Committee (Committee), which shall consist
of at least 10, but not more than 25 members from each of the
state's ten hydrologic regions. Members of the committee must
be appointed by and serve at the pleasure of the secretary,
and can serve, and be reappointed to, two-year terms.
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5)Authorizes the Committee to submit recommendations to the
secretary or director regarding:
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; and
d) Administration of the Program and operation of the
Committee.
6)Authorizes funds that are made available to implement the
Program to be spent on reasonable administrative expenses,
coordination and communication, information, data management
and collection, training and technical assistance, education,
science and research, and financial assistance.
7)Requires DOC, on or before January 1, 2012, and on or before
January 1 every two years thereafter to submit a report to the
Secretary.
8)Restricts implementation of the Program to a fiscal year in
which funding is provided in the annual Budget Act.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, "California needs
to restore and manage its watersheds sustainably for future
generations. At a time when our state continues to pursue
solutions to water supply and efficiency concerns, we cannot
forget the water quality of our watersheds as it relates to
natural habitat and drinking water." The author also states that
"this bill translates public input from 26 public meetings held
throughout the state last year into statutory parameters for the
operations of the State Watershed Program in the wake of the
CalFed [Bay-Delta] reorganization undertaken through the FY
08-09 budget process." This reorganization added DOC to a list
of agencies responsible for implementing watershed activities
pursuant to the Bay-Delta Program.
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1)DOC's Watershed Grant Coordinator Program
The Legislature established the Watershed Coordinator Grant
Program (WCGP) in the Budget Act of 2000 to fund watershed
coordinator positions throughout the state. The purpose of the
program was to improve impaired watersheds throughout California
by providing support for watershed improvement efforts at a
local level. According to DOC, "by facilitating collaboration
among diverse stakeholders across the watershed, coordinators
were able to build coalitions for watershed work with thousands
of partners including government agencies, non-profit
organizations, businesses, landowners, and individuals." In
addition to building consensus, the coordinators contributed
significantly to the success of many other state programs
including the CALFED Watershed Program, noxious weed programs,
fire safe programs, water quality, and salmon enhancement
programs.
CALFED extended the WCGP with the goal of improving watersheds
in the Bay-Delta. DOC reports that between 2004 and 2007 over
1039 on-the-ground restoration projects were accomplished by
watershed coordinators. Projects included 409 native plantings
or invasive species removals, 132 community clean-up events, 68
storm water pollution reduction projects, and 353 individualized
conservation plans for local landowners. DOC provided over $7
million in grants, matched by almost $50 million from other
sources. Proposition 84 in 2006 authorized up to $10 million
for the WCGP.
This bill essentially seeks to codify the WCGP and creates a
State Watershed Advisory Committee consisting of at least 10
members, appointed by the Secretary, from each of the state's
ten hydrologic regions.
2)Proposed amendments
The author and committee may wish to consider amendments to:
a) Cap administrative expenses, impose matching
requirements for grants, and eliminate or restrict overly
broad authority for DOC to contract with a public or
private entity for unspecified purposes. The bill already
gives the Secretary authority to contract for scientific
expertise.
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b) Require the Director to consider recommendations from
the Committee when setting Program priorities.
c) Require the Program or Committee to establish best
management practices for watershed restoration,
conservation, or protection efforts.
d) Require DOC to report to the Legislature every two
years.
e) Narrow and revise the confidentiality provisions of the
bill to ensure maximum public disclosure of information
derived from any public funds.
The author and committee may also wish to consider whether
Cal/EPA should play a greater role in the Program given its
authority over water quality and its role in past watershed
programs endorsed by the Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Association of Counties
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092