Amended in Senate June 16, 2015

Amended in Assembly May 4, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 965

Introduced by Assembly Member Eduardo Garcia

begin insert

(Coauthor: Assembly Member Alejo)

end insert

February 26, 2015

An act to begin insert amend Sections 99520, 99522, and 99523 of the Government Code, to end insert amend Sections 71100, 71101, begin delete and 71103 end delete begin insert 71103, and 71103.5 end insert of, and to add Section 71103.6 to, the Public Resources Code, and to amend begin delete Section 7048 end delete begin insert Sections 7048 and 79737 end insert of the Water Code, relating to begin delete water resources end delete begin insert the California-Mexico border end insert .

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 begin insert add the Secretary of State and Consumer Services as a member of the council and provide that the Regional Administrator of the United States Environmental Protection Agency, Region 9, may appoint a representative from his or her staff to serve as an ex-officio, non-voting member of the council. The bill would require the council to invite the participation of representatives of the State of Baja California and the Mexican government to participate in meetings end insert begin insert . The bill would end insert 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. begin insert The bill would make moneys in the fund available, upon appropriation, to the council for grants for specified health and environmental projects and purposes end insert begin insert relating to the California-Mexico border region. end insert The bill would provide that specified water bond proceeds, may be deposited in the fund to be available, upon appropriation, to the begin delete secretary end delete begin insert council end insert 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.

begin insert

(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.

end insert begin insert

This bill would require the department to consult with the council to establish criteria to fund watershed restoration projects that improve conditions for cross-border urban creeks and watersheds.

end insert

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 99520 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

99520.  

The Legislature finds and declares the following:

(a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of the
North American Free Trade Agreement, or NAFTA.

(b) As the second largest United States exporter to Mexico,
California has the potential to increase its exports at a faster pace
and capitalize on Mexico’s growing economy.

(c) In 2012, the value of California’s exports to Mexico totaled
$26.3 billion, equivalent to more than one and one-half times
California’s trade with its closest trade partner Canada, at $17.2
billion, and almost twice its second closest trade partner, China,
at $13.9 billion.

(d) The relationship between Mexico and California generates
over $20.9 billion per year for California.

(e) According to the United States Chamber of Commerce, trade
with Mexico in 2010 represented 692,240 California jobs, making
California the state with the most trade-related jobs with Mexico
in the United States. California is the second largest exporter to
Mexico among the 50 states, ranking behind Texas.

(f) Among California’s international trading partners, only
Mexico shares a border with California. In fact, California has four
major international border crossings supporting the movement of
both persons and goods: San Ysidro, Otay Mesa, Tecate, and
Calexico. Of these, Otay Mesa and Calexico accommodate the
largest volume of trade. Otay Mesa is the largest California
crossing, ranking sixth in the nation. In 2010, these California
gateways with Mexico moved $46.9 billion in merchandise.

(g) At issue is border crossing delays between Mexico and the
United States along the Imperial County-Baja California border.

(h) In California, losses due to border crossing delays accounted
for an estimated revenue loss of $1.16 billion and 25,000 jobs in
2008.

(i) While California remains the largest recipient of foreign
domestic investment (FDI) in the United States, faster FDI is
occurring elsewhere.

(j) Despite this critical economic relationship, California has
not had a formal mechanism for the past decade devoted to
maximizing trade, addressing challenges, and coordinating
cross-border programs for trade development between the two
countries. This has left California employers and businesses
without formal access to Mexican government officials, a major
disadvantage to California’s trade industries.

(k) In 2006, the Office of California-Mexico Affairs was
established to further and develop favorable relations with Mexican
states by cooperating with similar organizations and agencies
situated within California, the United States, or Mexico. Important
areas of activity include, but are not limited to, enhancing economic
development opportunities among the participating states,
improving working conditions and living standards, and fostering
the protection and improvement of the environment in Mexico and
California.

(l) To help carry out these duties the California-Mexico Border
Relations Council was also established to identify new border
priorities and fundable projects in the areas of infrastructure, trade,
environment, health, and security while supporting current and
ongoing activities such as the Border Governors Conference, trade
missions, and border workgroups, and coordinating specific future
projects with Mexico. begin insert end insert begin insert Priorities and projects identified by the
California-Mexico Border Relations Council shall be funded
pursuant to Section 71101 of the Public Resources Code,
establishing the California Border Environmental and Public
Health Protection Fund. end insert

(m) It is critical for California that state agencies continue to
address important United States-Mexico issues.

(n) Furthermore, California should maximize its economic
relationship with Mexico to improve the state’s economy, to
maximize the amount of exports, and create more California jobs.

(o) Therefore, the Legislature finds that California needs a
formalized trade relationship with Mexico. Establishing an official
trade relationship with Mexico will help ensure that the state can
improve its global competitiveness and protect California industry,
proactively support the expansion and location of businesses in
California, provide international business assistance to California
businesses, and support their entry and successful participation in
the growing Mexican marketplace.

(p) The California-Mexico Border Relations Council provides
a focal point in state government to serve as a clearinghouse for
information and assistance to other state agencies that are involved
with Mexico.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 99522 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

99522.  

(a) The California-Mexico Border Relations Council
is hereby established in state government. The council shall consist
of the Director of the Governor’s Office of Business and Economic
Development, the Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, the Secretary of California
Health and Human Services, the Secretary of Transportation, the
Secretary of Food and Agriculture, begin insert the Secretary of State and
Consumer Services, end insert and the Director of Emergency Services. begin insert The
Regional Administrator of the United States Environmental
Protection Agency, Region 9, may appoint a representative from
his or her staff to serve as an ex-officio, non-voting member of the
council. end insert

(b) The Secretary for Environmental Protection shall chair the
council.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 99523 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

99523.  

The council shall do all of the following:

(a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and
Mexico.

begin insert

(b) Invite representatives of the State of Baja California and
the Mexican government to participate in meetings.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Establish policies to coordinate the collection and sharing
of data related to cross-border issues between and among agencies.

begin delete

(c)

end delete

begin insert (d) end insert  Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.

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

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

71100.  

The following definitions govern the construction of
this part:

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

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

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

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

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

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, including,
but not limited to, proceeds of bonds sold pursuant to Division
26.7 (commencing with Section 79700) of the Water Code, and
other sources, such as from the 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 begin delete Secretary for Environmental Protection, for allocation end delete
begin insert California-Mexico Border Relations Council pursuant to Chapter
2 (commencing with Section 99520) of Title 20 of the Government
Code, end insert 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 delete SEC. 3. end delete
begin insert SEC. 6. end insert   

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

71103.  

(a) The begin delete Secretary for Environmental Protection, end delete
begin insert California-Mexico Border Relations Council, end insert 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 begin delete Secretary for Environmental Protection, in consultation
with the council, end delete begin insert California-Mexico Border Relations 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
the council, 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 insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 71103.5 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

71103.5.  

(a) The Legislature finds and declares all of the
following:

(1) The New River poses an imminent and severe threat to the
public health of residents of Calexico, California, and adjacent
communities in Imperial County. Since the 1940s, the New River
has been recognized as a significant pollution and human health
problem, primarily because of extremely high concentrations of
fecal coliform bacteria.

(2) While there have been recent measurable water quality
improvements as a result of sewage infrastructure projects
implemented and completed during the last 10 years in Mexicali,
Mexico, the residual and projected pollution in the New River
coming from Mexico remains a significant threat to public health
and the environment.

(3) Current bacteria levels in the New River are several orders
of magnitude above the state standards for bacteria. Based on these
levels and the historic levels of pollution, the waterway is believed
to carry pathogens that cause tuberculosis, encephalitis, polio,
cholera, hepatitis, and typhoid. The waterway also carries other
contaminants in concentrations that are in violation of federal,
state, and Mexican water quality standards by several hundredfold.

(4) The New River is listed as an impaired river by the United
States Environmental Protection Agency due to low dissolved
oxygen (DO) and the presence of chlordane, chlorpyrifos, copper,
dichloro-diphenyl-trichloroethane (DDT), diazinon, dieldrin,
mercury, nutrients, pathogens, polychlorinated biphenyls (PCBs),
sediment, selenium, toxaphene, toxicity, trash, and volatile organic
compounds (VOCs).

(5) The New River is a major contributor of pollution to the
Salton Sea, and failure to address water quality problems in the
New River are impeding the ability of the state to implement laws
and programs designed to restore and protect this important
environmental and wildlife habitat resource.

(6) The New River condition in the border area is also an
aesthetic nuisance for Calexico residents and has historically
inhibited the city’s socioeconomic well-being and growth.

(7) A coordinated and comprehensive state strategy is needed
to deal with the residual and projected pollution so that the New
River and associated river channel can be enhanced to a condition
that will allow the residents of Calexico and Imperial County to
utilize them as recreational and natural assets as contemplated in
the California River Parkways Act of 2004 (Chapter 3.8
(commencing with Section 5750) of Division 5).

(8) In the Budget Act of 2009, as amended by Chapter 1 of the
Statutes of 2009 Fourth Extraordinary Session, eight hundred
thousand dollars ($800,000) was appropriated to the City of
Calexico for various planning needs necessary to develop a river
parkway plan and river improvement project for the New River.
The moneys were appropriated in order to secure and serve as
matching funds for the four million dollars ($4,000,000) allocated
pursuant to the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59) to the City of Calexico for the development of bicycle
paths and public park space adjacent to the New River.

(9) The City of Calexico, as the recipient of funding pursuant
to the California River Parkways Act of 2004, has agreed to provide
necessary financial support to the council for the development of
the council’s strategic plan.

(b) As used in this section, the following terms have the
following meanings:

(1) “Agency” means the California Environmental Protection
Agency.

(2) “City” means the City of Calexico, California.

(3) “Council” means the California-Mexico Border Relations
Council established pursuant to Section begin delete 8711 end delete begin insert 99522 end insert of the
Government Code.

(4) “County” means the County of Imperial, California.

(5) “IBWC” means the International Boundary and Water
Commission, United States Section.

(6) “New River Improvement Project” or “project” means a
project to study, monitor, remediate, and enhance New River water
quality in the County of Imperial to protect human health, and
develop a river parkway suitable for public use and enjoyment.

(c) Pursuant to the authority granted to the council begin delete under Section
8712 end delete begin insert pursuant to Section 99523 end insert of the Government Code and
contingent upon the execution of an agreement with the City of
Calexico for the purpose of providing the necessary funding, the
council shall develop a strategic plan to guide the implementation
of the New River Improvement Project. The strategic plan shall
include, but need not be limited to, all of the following elements:

(1) Quantification of current and projected New River water
quality impairments and their threat to public health.

(2) Prioritization of the actions necessary to protect public health
and to meet New River water quality objectives and other
environmental goals, such as improving the quality of water flows
into the Salton Sea.

(3) Identification of potential funds for the implementation of
the project, and potential lead agencies that would be responsible
for environmental review of activities related to the cleanup and
restoration of the New River.

(4) Identification of the appropriate federal, state, and local
agencies with a role in implementing and achieving the New River
Improvement Project.

(d) (1) To the extent permitted by law, the council may work
with appropriate binational, federal, state, local, and
nongovernmental organizations on both sides of the
California-Mexico border to develop the strategic plan and to fund
and establish cooperative water quality monitoring, public health
studies, inspection, and technical assistance programs as needed
to support, convene, and oversee the project.

(2) To further the objectives of this subdivision, the council
may convene and oversee a technical advisory committee. The
advisory committee shall advise the council regarding the necessary
studies and activities to carry out the project, and shall serve at the
pleasure of the council. The advisory committee shall include
representatives from the following:

(A) Impacted cities and counties.

(B) Relevant local, regional, and state agencies and departments.

(C) Nongovernmental organizations.

(D) Other stakeholders deemed necessary by the council.

(3) The council shall appoint the chair of the committee and
may expand the membership and expertise of the committee as it
deems necessary.

(4) The council may enter into an agreement, including an
interagency agreement and memorandum of understanding, with
public agencies, including the city, to accept, manage, and expend
funds for the implementation of this section.

(e) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the City of Calexico,
Imperial County, or any other governmental agency, under those
laws that regulate, protect, and clean up surface waters entering
the United States from Mexico.

(f) The New River Improvement Project Account is hereby
created in the California Border Environmental and Public Health
Protection Fund to receive moneys for activities related to the New
River Improvement Project from sources identified in Section
71101 and other sources. Upon appropriation by the Legislature,
moneys in the account shall be expended to implement the purposes
identified in subdivision (c) or Section 71102 that are related to
the New River.

begin delete SEC. 4. end delete
begin insert SEC. 8. end insert   

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

71103.6.  

(a) The 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
pursuant to Section 71102.

(b)  begin delete A state agency end delete begin insert Any entity of state government end insert 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. 5. end delete
begin insert SEC. 9. 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 insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 79737 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

79737.  

(a) Of the funds authorized by Section 79730, two
hundred eighty-five million dollars ($285,000,000) shall be
available to the Department of Fish and Wildlife for watershed
restoration projects statewide in accordance with this chapter.

(b) For the purposes of this section, watershed restoration
includes activities to fund coastal wetland habitat, improve forest
health, restore mountain meadows, modernize stream crossings,
culverts, and bridges, reconnect historical flood plains, install or
improve fish screens, provide fish passages, restore river channels,
restore or enhance riparian, aquatic, and terrestrial habitat, improve
ecological functions, acquire from willing sellers conservation
easements for riparian buffer strips, improve local watershed
management, and remove sediment or trash.

(c) For any funds available pursuant to this section that are used
to provide grants under the Fisheries Restoration Grant Program,
a priority shall be given to coastal waters.

(d) In allocating funds for projects pursuant to this section, the
Department of Fish and Wildlife shall only make funds available
for water quality, river, and watershed protection and restoration
projects of statewide importance outside of the Delta.

(e) Funds provided by this section shall not be expended to pay
the costs of the design, construction, operation, mitigation, or
maintenance of Delta conveyance facilities.

(f) Funds provided by this section shall only be used for projects
that will provide fisheries or ecosystem benefits or improvements
that are greater than required applicable environmental mitigation
measures or compliance obligations, except for any water transfers
for the benefit of subsection (d) of Section 3406 of the Central
Valley Project Improvement Act (Title 34 of Public Law 102-575).

begin insert

(g) In order to address the unique ecological, flood control,
water quality, and hydrological conditional 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 and watersheds.

end insert