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