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 AB 1520 Page 2 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. AB 1520 Page 3 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. AB 1520 Page 4 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. AB 1520 Page 5 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