California Legislature—2015–16 Regular Session

Assembly Bill No. 965

Introduced by Assembly Member Eduardo Garcia

February 26, 2015

An act to add Section 71103.6 to the Public Resources Code, and to amend Section 7048 of, and to add Section 79737.5 to, the Water Code, relating to public resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 965, as introduced, Eduardo Garcia. California and Mexico border: resources improvement.

(1) Existing law establishes the California-Mexico Border Relations Council in state government, and prescribes the membership and functions and duties of the council with respect to coordinating the activities of state agencies, including environmental agencies, that are related to cross-border programs, initiatives, projects, and partnerships that exist within state agencies, and state and local efforts that are of concern between California and Mexico.

This bill would require the council to establish the New River Water Quality, Public Health, and River Parkway Development Program to coordinate funding for, and the implementation of, recommendations from a strategic plan required to be developed by the council and certain projects identified by the council pursuant to existing law.

(2) Existing law also authorizes the Director of Water Resources to establish a program of flood damage reduction and urban creek restoration known as the Urban Streams Restoration Program. For purposes of the program, urban creek protection, restoration, and enhancement include, but are not limited to, the maintenance of channel capacity, channel stabilization, vegetation management, and adaptive management to meet program objectives.

This bill would also include the reduction of water quality impairments and nonpoint source water pollution, and the establishment of parkways for public use that benefit flood control and water quality among the types of measures that are included in the program.

Existing law requires the Department of Water Resources to coordinate the program with the Department of Fish and Wildlife, as prescribed.

This bill would require the Department of Water Resources to consult with the council to establish criteria to fund projects that improve conditions for cross-border urban creeks.

(3) Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The bond act provides that the sum of $1,495,000,000 is to be available, upon appropriation by the Legislature, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects. The bond act authorizes the use of $285,000,000 of those funds for watershed restoration projects through a program implemented by the Department of Fish and Wildlife.

This bill would require the department to consult with the council in the development of any regulations or guidelines for the expenditure of these moneys to establish specified criteria related to urban creeks and watersheds on the California-Mexico border.

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.  

Section 71103.6 is added to the Public Resources
Code, to read:

71103.6.  

(a) The California-Mexico Border Relations Council
shall establish the New River Water Quality, Public Health, and
River Parkway Development Program to coordinate funding for,
and the implementation of, the recommendations from the strategic
plan developed pursuant to subdivision (c) of Section 71103.5,
and the projects identified by the council pursuant to Section
71102.

(b) A state agency that funds the activities of the program shall
make all necessary efforts to integrate and align its contractual and
administrative requirements for grants, loans, and other forms of
financial support to meet the goals of the program.

SEC. 2.  

Section 7048 of the Water Code is amended to read:

7048.  

(a) The Legislature hereby finds and declares that the
protection, restoration, and enhancement of urban creek channels
provide potential benefits to the state by combining an effective
and efficient means of flood damage reduction with the
preservation and enhancement of natural environmental values.
The Legislature further finds that urban creek protection,
restoration, and enhancement are best undertaken by local agencies
and organizations with assistance from the state. It is the intent of
the Legislature, in enacting this section, to restore the ecological
viability of creek environments located in predominantly urban
areas, thereby enhancing aesthetic, recreational, and fish and
wildlife values.

(b) (1) The director may establish a program of flood damage
reduction and urban creek restoration known as the Urban Streams
Restoration Program. The program shall consist of both of the
following components:

(A) The development of the capability by the department to
respond to requests from local agencies and organizations for
planning and design assistance for efficient and effective urban
creek protection, restoration, and enhancement.

(B) To the extent that funds are provided, a process for awarding
competitive grants.

(2) For purposes of this section, urban creek protection,
restoration, and enhancement include, but are not limited to, the
maintenance of channel capacity, channel stabilization, vegetation
management, begin insert the reduction of water quality impairments and
nonpoint source water pollution, the establishment of parkways
for public use that benefit flood control and water quality, end insert and
adaptive management to meet program objectives. Where
appropriate, the protection, restoration, and enhancement shall
utilize efficient, nonstructural low-maintenance flood protection
techniques. The department shall utilize in this program its
expertise in a variety of disciplines, including, but not limited to,
soil bioengineering, hydrology, and plant ecology.

(3) (A) The department shall maintain a balance in allocating
the money annually available for grants to small urban creek
restoration projects and large urban stream restoration projects,
allocating not less than 35 percent to both small and large projects.
For purposes of this section, “small urban creek restoration
projects” are projects for which total costs, including acquisition
and restoration costs, are below one million dollars ($1,000,000)
and “large urban stream restoration projects” are projects for which
total costs, including acquisition and restoration costs are one
million dollars ($1,000,000) or more.

(B) Notwithstanding subparagraph (A), if an insufficient number
of qualified projects are available to fully meet the allocation
requirement, the department may grant funds to any project that
is otherwise qualified, in order to ensure that all available funds
are used efficiently.

(c) In responding to requests for assistance, the department shall
give priority to those projects that are being planned in conjunction
with, or in lieu of, local flood control projects. The department
may award grants and contracts to local agencies and organizations
as provided for in the budget of the department. Participating local
agencies and organizations shall follow procedures, plans, and
practices that are acceptable to the department, and shall conform
to guidelines established by the department that define the level
of contribution and participation required by local agencies and
organizations.

The department shall coordinate the program with the
Department of Fish and begin delete Game end delete begin insert Wildlife end insert during the formulation of
guidelines and project planning for urban creek protection,
restoration, and enhancement. The department shall also consult
with the Department of Fish and begin delete Game end delete begin insert Wildlife end insert on project criteria
which may include economic, environmental, and social benefits
to be achieved.

(d) It is the intent of the Legislature that the duties and
responsibilities of the department be identified as the Urban
Streams Restoration Program and be carried out by an office or
staff designated for this purpose. Information on how to obtain
planning, design, and financial assistance should be readily
accessible to the public.

(e) As used in this section, “urban creek” means a creek stream,
or river that crosses built-up residential, commercial, or industrial
property, or that crosses land where, in the near future, the land
use will be residential, commercial, or industrial.

(f) For the purposes of this section, eligible activities include,
but are not limited to, the maintenance of channel capacity and
stabilization of the morphological equilibrium of a natural channel
for purposes of flood damage reduction, erosion control, and bank
stabilization which may include nonstructural as well as structural
projects.

(g) The department may adopt regulations that define begin delete adaptive
management end delete begin insert “adaptive management” end insert for the purposes of the
Urban Streams Restoration begin delete Program end delete begin insert Program, end insert and establish criteria
to fund projects that include adaptive management activities.

(h) The department may amend or utilize existing regulations
for approving competitive grants. The regulations may include,
but are not limited to, an application process, grant approval
criteria, and grantee’s reporting requirements. The department
shall annually make available to the public, in a form that is readily
accessible, information regarding the status of funds appropriated
for these purposes and projects that received grants.

begin insert

(i) In order to address the unique ecological, flood control,
water quality, and hydrological conditions associated with urban
creeks and watersheds on the California-Mexico border, the
department shall consult with the California-Mexico Border
Relations Council to establish criteria to fund projects that improve
conditions for cross-border urban creeks.

end insert

SEC. 3.  

Section 79737.5 is added to the Water Code, to read:

79737.5.  

In the development of any regulations or guidelines
for the expenditure of funds authorized pursuant to Section 79737,
the Department of Fish and Wildlife shall consult with the
California-Mexico Border Relations Council to establish criteria
for watershed restoration projects that address the unique
ecological, water quality, habitat, and hydrological conditions
associated with urban creeks and watersheds on the
California-Mexico border.