Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 965

Introduced by Assembly Member Eduardo Garcia

February 26, 2015

An act to begin insert amend Sections 71100, 71101, and 71103 of, and to end insert add Section 71103.6 to begin insert , end insert the Public Resources Code, and to amend Section 7048 of, and to add Section begin delete 79737.5 end delete begin insert 79717 end insert to, the Water Code, relating to begin delete public end delete begin insert water end insert resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 965, as amended, Eduardo Garcia. California and Mexico border: begin insert water end insert 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. begin insert Existing law requires the council to develop a strategic plan to guide a project to study, monitor, remediate, and enhance water quality in the New River in Imperial County. Existing law establishes the California Border Environmental and Public Health Protection Fund and makes moneys in the fund available, upon appropriation, to the Secretary for Environmental Protection for grants for specified health and environmental projects and purposes relating to the California-Mexico border region. end insert

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 begin delete a end delete begin insert the end insert strategic plan begin delete required to be developed by the council end delete and begin delete certain end delete begin insert the end insert projects identified begin delete by the council end delete pursuant to existing law. begin insert The bill would provide that water bond proceeds, as described in (3), may be deposited in the fund to be available, upon appropriation, to the secretary for these purposes. end insert

(2) Existing law begin delete also end delete 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 begin insert , in addition, end insert 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. begin delete 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. end delete

This bill would require begin delete the department to consult with end delete begin insert responsible agencies under the bond act to consult with end insert the council begin delete in the development of end delete begin insert when developing end insert any regulations or guidelines for the expenditure of these moneys begin delete to establish specified end delete begin insert and end insert begin insert establishing end insert criteria begin delete related to urban creeks and watersheds end delete begin insert for watershed restoration projects end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 71100 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

71100.  

The following definitions govern the construction of
this part:

begin delete

(a) “Cal BECC” means the California Border Environmental
Cooperation Committee established on July 22, 1994, by the
Governors of California, Baja California, and Baja California Sur.

end delete begin delete

(b)

end delete

begin insert (a) end insert  “California-Baja California border region” means the region
begin insert to the north and south of the international border between
California and Baja California end insert described in begin delete Chapter IV of the
US-Mexico Border XXI Program, Framework Document,
published October 1996. end delete begin insert Article 4 of the La Paz Agreement, signed
August 14, 1983, between the United States and Mexico. end insert

begin insert

(b) “Council” means the California-Mexico Border Relations
Council, established pursuant to Section 99522 of the Government
Code.

end insert

(c) “Fund” means the California Border Environmental
begin delete Education end delete begin insert and Public Health Protection end insert Fund established pursuant
to Section 71101.

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 71101 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

71101.  

(a) The California Border Environmental and Public
Health Protection Fund is hereby established in the State Treasury
to receive funds appropriated in the annual Budget Act, begin insert including,
but not limited to, proceeds of bonds sold pursuant to Division
26.7 (commencing with Section 79700) of the Water Code, end insert and
other sources, such as from North American Development Bank,
Border Environment Cooperation Committee, United States
Environmental Protection Agency, and private businesses or
foundations, and any interest accrued on those funds.

(b) The money in the fund shall be available, upon appropriation,
to the Secretary begin delete of end delete begin insert for end insert Environmental Protection, for allocation
for expenditure for the purposes of this part.

(c) The money in the fund shall not be made available for the
purpose of bringing a person or a facility into compliance with
environmental laws, or to provide funds to remediate environmental
damage. The fund, instead, shall assist appropriate responsible
agencies in California and Baja California in the implementation
of projects to identify and resolve environmental and public health
problems that directly threaten the health or environmental quality
of California residents or sensitive natural resources of the
California border region, including projects related to domestic
and industrial wastewater, vehicle and industrial air emissions,
hazardous waste transport and disposal, human and ecological
risk, and disposal of municipal solid waste.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 71103 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

71103.  

(a) The Secretary for Environmental Protection, upon
request, shall inform any community-based nonprofit
environmental organization, responsible local government, and
special district located within the California-Baja California border
region that it may request funding pursuant to Section 71102.

(b) The Secretary for Environmental Protection, in consultation
with begin delete Cal BECC, end delete begin insert the council, end insert shall award grants to a local
governmental entity or special district, community-based nonprofit
environmental organization, or postsecondary educational
institution based on the severity of the environmental, public health,
or natural resource concerns due to cross-border transmission of
environmental pollutants or toxics to the city or county in which
the entity, organization, or institution is located. First priority for
funding shall be given to an entity, organization, or institution
located in a city or county in which an environmental, public
health, or natural resource threat exists and that has existing
capability to respond to, implement, and abate the threat to
California from cross-border sources.

(c) The Secretary for Environmental Protection, on behalf of
begin delete Cal BECC, end delete begin insert the council, end insert shall accept donations of used equipment,
including computers, printers, and lab equipment, for distribution
to governmental entities and community-based nonprofit
environmental organizations located within the California-Baja
California border region and postsecondary educational institutions
located within Baja California and within the California-Baja
California border region, if the donations can be shown to
contribute to the protection of the environment, public health, or
natural resources of the California border region.

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

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

71103.6.  

(a) The begin delete California-Mexico Border Relations Council end delete
begin insert council end insert 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 begin delete by the council end delete 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.

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

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, 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, 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 Wildlife 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 Wildlife 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 “adaptive
management” for the purposes of the Urban Streams Restoration
Program, 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.

(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.

begin delete

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.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 79717 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 79717. end insert   

In order to address the unique ecological, water quality,
habitat, and hydrological conditions associated with urban creeks
and watersheds on the California-Mexico border, responsible
agencies shall consult with the California-Mexico Border Relations
Council when developing regulations or guidelines for the
expenditure of funds pursuant to this division for, and establishing
criteria for, watershed restoration projects in the border region.

end insert