Amended in Assembly May 4, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 965


Introduced by Assembly Member Eduardo Garcia

February 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 965, as amended, Eduardo Garcia. California and Mexico border: water 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. 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.

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

(2) Existing law 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, in addition, 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.

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(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.

end delete
begin delete

This bill would require responsible agencies under the bond act to consult with the council when developing any regulations or guidelines for the expenditure of these moneys and establishing criteria for watershed restoration projects on the California-Mexico border.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 71100 of the Public Resources Code is
2amended to read:

3

71100.  

The following definitions govern the construction of
4this part:

5(a) “California-Baja California border region” means the region
6to the north and south of the international border between
7California and Baja California described in Article 4 of the La Paz
8Agreement, signed August 14, 1983, between the United States
9and Mexico.

10(b) “Council” means the California-Mexico Border Relations
11Council, established pursuant to Section 99522 of the Government
12Code.

13(c) “Fund” means the California Border Environmental and
14Public Health Protection Fund established pursuant to Section
1571101.

16

SEC. 2.  

Section 71101 of the Public Resources Code is
17amended to read:

18

71101.  

(a) The California Border Environmental and Public
19Health Protection Fund is hereby established in the State Treasury
20to receive funds appropriated in the annual Budget Act, including,
21but not limited to, proceeds of bonds sold pursuant to Division
2226.7 (commencing with Section 79700) of the Water Code, and
23other sources, such as frombegin insert theend insert North American Development
24Bank, Border Environment Cooperation Committee, United States
25Environmental Protection Agency, and private businesses or
26foundations, and any interest accrued on those funds.

27(b) The money in the fund shall be available, upon appropriation,
28to the Secretary for Environmental Protection, for allocation for
29expenditure for the purposes of this part.

30(c) The money in the fund shall not be made available for the
31purpose of bringing a person or a facility into compliance with
32environmental laws, or to provide funds to remediate environmental
33damage. The fund, instead, shall assist appropriate responsible
34agencies in California and Baja California in the implementation
35of projects to identify and resolve environmental and public health
36problems that directly threaten the health or environmental quality
37of California residents or sensitive natural resources of the
38California border region, including projects related to domestic
P4    1and industrial wastewater, vehicle and industrial air emissions,
2hazardous waste transport and disposal, human and ecological
3risk, and disposal of municipal solid waste.

4

SEC. 3.  

Section 71103 of the Public Resources Code is
5amended to read:

6

71103.  

(a) The Secretary for Environmental Protection, upon
7request, shall inform any community-based nonprofit
8environmental organization, responsible local government, and
9special district located within the California-Baja California border
10region that it may request funding pursuant to Section 71102.

11(b) The Secretary for Environmental Protection, in consultation
12with the council, shall award grants to a local governmental entity
13or special district, community-based nonprofit environmental
14organization, or postsecondary educational institution based on
15the severity of the environmental, public health, or natural resource
16concerns due to cross-border transmission of environmental
17pollutants or toxics to the city or county in which the entity,
18organization, or institution is located. First priority for funding
19shall be given to an entity, organization, or institution located in
20a city or county in which an environmental, public health, or natural
21resource threat exists and that has existing capability to respond
22to, implement, and abate the threat to California from cross-border
23sources.

24(c) The Secretary for Environmental Protection, on behalf of
25the council, shall accept donations of used equipment, including
26computers, printers, and lab equipment, for distribution to
27governmental entities and community-based nonprofit
28environmental organizations located within the California-Baja
29California border region and postsecondary educational institutions
30located within Baja California and within the California-Baja
31California border region, if the donations can be shown to
32contribute to the protection of the environment, public health, or
33natural resources of the California border region.

34

SEC. 4.  

Section 71103.6 is added to the Public Resources Code,
35to read:

36

71103.6.  

(a) The council shall establish the New River Water
37Quality, Public Health, and River Parkway Development Program
38to coordinate funding for, and the implementation of, the
39recommendations from the strategic plan developed pursuant to
P5    1subdivision (c) of Section 71103.5, and the projects identified
2pursuant to Section 71102.

3(b) A state agency that funds the activities of the program shall
4make all necessary efforts to integrate and align its contractual and
5administrative requirements for grants, loans, and other forms of
6financial support to meet the goals of the program.

7

SEC. 5.  

Section 7048 of the Water Code is amended to read:

8

7048.  

(a) The Legislature hereby finds and declares that the
9protection, restoration, and enhancement of urban creek channels
10provide potential benefits to the state by combining an effective
11and efficient means of flood damage reduction with the
12preservation and enhancement of natural environmental values.
13The Legislature further finds that urban creek protection,
14restoration, and enhancement are best undertaken by local agencies
15and organizations with assistance from the state. It is the intent of
16the Legislature, in enacting this section, to restore the ecological
17viability of creek environments located in predominantly urban
18areas, thereby enhancing aesthetic, recreational, and fish and
19wildlife values.

20(b) (1) The director may establish a program of flood damage
21reduction and urban creek restoration known as the Urban Streams
22Restoration Program. The program shall consist of both of the
23following components:

24(A) The development of the capability by the department to
25respond to requests from local agencies and organizations for
26planning and design assistance for efficient and effective urban
27creek protection, restoration, and enhancement.

28(B) To the extent that funds are provided, a process for awarding
29competitive grants.

30(2) For purposes of this section, urban creek protection,
31restoration, and enhancement include, but are not limited to, the
32maintenance of channel capacity, channel stabilization, vegetation
33management, the reduction of water quality impairments and
34nonpoint source water pollution, the establishment of parkways
35for public use that benefit flood control and water quality, and
36adaptive management to meet program objectives. Where
37appropriate, the protection, restoration, and enhancement shall
38utilize efficient, nonstructural low-maintenance flood protection
39techniques. The department shall utilize in this program its
P6    1expertise in a variety of disciplines, including, but not limited to,
2soil bioengineering, hydrology, and plant ecology.

3(3) (A) The department shall maintain a balance in allocating
4the money annually available for grants to small urban creek
5restoration projects and large urban stream restoration projects,
6allocating not less than 35 percent to both small and large projects.
7For purposes of this section, “small urban creek restoration
8projects” are projects for which total costs, including acquisition
9and restoration costs, are below one million dollars ($1,000,000)
10and “large urban stream restoration projects” are projects for which
11total costs, including acquisition and restorationbegin delete costsend deletebegin insert costs,end insert are
12one million dollars ($1,000,000) or more.

13(B) Notwithstanding subparagraph (A), if an insufficient number
14of qualified projects are available to fully meet the allocation
15requirement, the department may grant funds to any project that
16is otherwise qualified, in order to ensure that all available funds
17are used efficiently.

18(c) In responding to requests for assistance, the department shall
19give priority to those projects that are being planned in conjunction
20with, or in lieu of, local flood control projects. The department
21may award grants and contracts to local agencies and organizations
22as provided for in the budget of the department. Participating local
23agencies and organizations shall follow procedures, plans, and
24practices that are acceptable to the department, and shall conform
25to guidelines established by the department that define the level
26of contribution and participation required by local agencies and
27organizations.

28The department shall coordinate the program with the
29Department of Fish and Wildlife during the formulation of
30guidelines and project planning for urban creek protection,
31restoration, and enhancement. The department shall also consult
32with the Department of Fish and Wildlife on project criteria which
33may include economic, environmental, and social benefits to be
34achieved.

35(d) It is the intent of the Legislature that the duties and
36responsibilities of the department be identified as the Urban
37Streams Restoration Program and be carried out by an office or
38staff designated for this purpose. Information on how to obtain
39planning, design, and financial assistance should be readily
40accessible to the public.

P7    1(e) As used in this section, “urban creek” means abegin delete creekend deletebegin insert creek,end insert
2 stream, or river that crosses built-up residential, commercial, or
3industrial property, or that crosses land where, in the near future,
4the land use will be residential, commercial, or industrial.

5(f) For the purposes of this section, eligible activities include,
6but are not limited to, the maintenance of channel capacity and
7stabilization of the morphological equilibrium of a natural channel
8for purposes of flood damage reduction, erosion control, and bank
9stabilization which may include nonstructural as well as structural
10projects.

11(g) The department may adopt regulations that define “adaptive
12management” for the purposes of the Urban Streams Restoration
13Program, and establish criteria to fund projects that include
14adaptive management activities.

15(h) The department may amend or utilize existing regulations
16for approving competitive grants. The regulations may include,
17but are not limited to, an application process, grant approval
18criteria, and grantee’s reporting requirements. The department
19shall annually make available to the public, in a form that is readily
20accessible, information regarding the status of funds appropriated
21for these purposes and projects that received grants.

22(i) In order to address the unique ecological, flood control, water
23quality, and hydrological conditions associated with urban creeks
24and watersheds on the California-Mexico border, the department
25shall consult with the California-Mexico Border Relations Council
26to establish criteria to fund projects that improve conditions for
27cross-border urban creeks.

begin delete28

SEC. 6.  

Section 79717 is added to the Water Code, to read:

29

79717.  

In order to address the unique ecological, water quality,
30habitat, and hydrological conditions associated with urban creeks
31and watersheds on the California-Mexico border, responsible
32agencies shall consult with the California-Mexico Border Relations
33Council when developing regulations or guidelines for the
34expenditure of funds pursuant to this division for, and establishing
35criteria for, watershed restoration projects in the border region.

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