Amended in Senate August 18, 2015

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 BillNo. 965


Introduced by Assembly Member Eduardo Garcia

(Coauthor: Assembly Member Alejo)

February 26, 2015


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

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 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,begin delete non-votingend deletebegin insert nonvotingend insert 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. The 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 make moneys in the fund available, upon appropriation, to the council for grants for specified health and environmental projects and purposes relating to the California-Mexico border region. The bill would provide that specified water bondbegin delete proceeds,end deletebegin insert proceedsend insert may be deposited in the fund to be available, upon appropriation, to the council 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.

(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 to establish criteria to fund watershed restoration projects that improve conditions for cross-border urban creeks and watersheds.

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 99520 of the Government Code is
2amended to read:

3

99520.  

The Legislature finds and declares the following:

4(a) The United States and Mexican economies have become
5increasingly integrated, particularly since the 1994 adoption of the
6North American Free Trade Agreement, or NAFTA.

7(b) As the second largest United States exporter to Mexico,
8California has the potential to increase its exports at a faster pace
9and capitalize on Mexico’s growing economy.

10(c) In 2012, the value of California’s exports to Mexico totaled
11$26.3 billion, equivalent to more than one and one-half times
12California’s trade with its closest trade partner Canada, at $17.2
13billion, and almost twice its second closest trade partner, China,
14at $13.9 billion.

15(d) The relationship between Mexico and California generates
16over $20.9 billion per year for California.

17(e) According to the United States Chamber of Commerce, trade
18with Mexico in 2010 represented 692,240 California jobs, making
19California the state with the most trade-related jobs with Mexico
20in the United States. California is the second largest exporter to
21Mexico among the 50 states, ranking behind Texas.

P4    1(f) Among California’s international trading partners, only
2Mexico shares a border with California. In fact, California has four
3major international border crossings supporting the movement of
4both persons and goods: San Ysidro, Otay Mesa, Tecate, and
5Calexico. Of these, Otay Mesa and Calexico accommodate the
6largest volume of trade. Otay Mesa is the largest California
7crossing, ranking sixth in the nation. In 2010, these California
8gateways with Mexico moved $46.9 billion in merchandise.

9(g) At issue is border crossing delays between Mexico and the
10United States along the Imperial County-Baja California border.

11(h) In California, losses due to border crossing delays accounted
12for an estimated revenue loss of $1.16 billion and 25,000 jobs in
132008.

14(i) While California remains the largest recipient of foreign
15domestic investment (FDI) in the United States, faster FDI is
16occurring elsewhere.

17(j) Despite this critical economic relationship, California has
18not had a formal mechanism for the past decade devoted to
19maximizing trade, addressing challenges, and coordinating
20cross-border programs for trade development between the two
21countries. This has left California employers and businesses
22without formal access to Mexican government officials, a major
23disadvantage to California’s trade industries.

24(k) In 2006, the Office of California-Mexico Affairs was
25established to further and develop favorable relations with Mexican
26states by cooperating with similar organizations and agencies
27situated within California, the United States, or Mexico. Important
28areas of activity include, but are not limited to, enhancing economic
29development opportunities among the participating states,
30improving working conditions and living standards, and fostering
31the protection and improvement of the environment in Mexico and
32California.

33(l) To help carry out these duties the California-Mexico Border
34Relations Council was also established to identify new border
35priorities and fundable projects in the areas of infrastructure, trade,
36environment, health, and security while supporting current and
37ongoing activities such as the Border Governors Conference, trade
38missions, and border workgroups, and coordinating specific future
39projects with Mexico. Priorities and projects identified by the
40California-Mexico Border Relations Council shall be funded
P5    1pursuant to Section 71101 of the Public Resources Code,
2establishing the California Border Environmental and Public Health
3Protection Fund.

4(m) It is critical for California that state agencies continue to
5address important United States-Mexico issues.

6(n) Furthermore, California should maximize its economic
7relationship with Mexico to improve the state’s economy, to
8maximize the amount of exports, and create more California jobs.

9(o) Therefore, the Legislature finds that California needs a
10formalized trade relationship with Mexico. Establishing an official
11trade relationship with Mexico will help ensure that the state can
12improve its global competitiveness and protect California industry,
13proactively support the expansion and location of businesses in
14California, provide international business assistance to California
15businesses, and support their entry and successful participation in
16the growing Mexican marketplace.

17(p) The California-Mexico Border Relations Council provides
18a focal point in state government to serve as a clearinghouse for
19information and assistance to other state agencies that are involved
20with Mexico.

21

SEC. 2.  

Section 99522 of the Government Code is amended
22to read:

23

99522.  

(a) The California-Mexico Border Relations Council
24is hereby established in state government. The council shall consist
25of the Director of the Governor’s Office of Business and Economic
26Development, the Secretary of the Natural Resources Agency, the
27Secretary for Environmental Protection, the Secretary of California
28Health and Human Services, the Secretary of Transportation, the
29Secretary of Food and Agriculture, the Secretary of State and
30Consumer Services, and the Director of Emergency Services. The
31Regional Administrator of the United States Environmental
32Protection Agency, Region 9, may appoint a representative from
33his or her staff to serve as an ex-officio,begin delete non-votingend deletebegin insert nonvotingend insert
34 member of the council.

35(b) The Secretary for Environmental Protection shall chair the
36council.

37

SEC. 3.  

Section 99523 of the Government Code is amended
38to read:

39

99523.  

The council shall do all of the following:

P6    1(a) Coordinate activities of state agencies that are related to
2cross-border programs, initiatives, projects, and partnerships that
3exist within state government, to improve the effectiveness of state
4and local efforts that are of concern between California and
5Mexico.

6(b) Invite representatives of the State of Baja California and the
7Mexican government to participate in meetings.

8(c) Establish policies to coordinate the collection and sharing
9of data related to cross-border issues between and among agencies.

begin insert

10(d) Establish the Border Region Solid Waste Working Group
11to develop and coordinate long-term solutions to address and
12remediate problems associated with waste tires, solid waste, and
13excessive sedimentation along the border that cause the
14degradation of valuable estuarine and riparian habitats, and
15threaten water quality and public health in the state.

end insert
begin delete

16(d)

end delete

17begin insert(e)end insert Identify and recommend to the Legislature changes in law
18needed to achieve the goals of this section.

19

SEC. 4.  

Section 71100 of the Public Resources Code is
20amended to read:

21

71100.  

The following definitions govern the construction of
22this part:

23(a) “California-Baja California border region” means the region
24to the north and south of the international border between
25California and Baja California described in Article 4 of the La Paz
26Agreement, signed August 14, 1983, between the United States
27and Mexico.

28(b) “Council” means the California-Mexico Border Relations
29Council, established pursuant to Section 99522 of the Government
30Code.

31(c) “Fund” means the California Border Environmental and
32Public Health Protection Fund established pursuant to Section
3371101.

34

SEC. 5.  

Section 71101 of the Public Resources Code is
35amended to read:

36

71101.  

(a) The California Border Environmental and Public
37Health Protection Fund is hereby established in the State Treasury
38to receive funds appropriated in the annual Budget Act, including,
39but not limited to, proceeds of bonds sold pursuant to Division
4026.7 (commencing with Section 79700) of the Water Code, and
P7    1other sources, such as from the North American Development
2Bank, Border Environment Cooperation Committee, United States
3Environmental Protection Agency, and private businesses or
4foundations, and any interest accrued on those funds.

5(b) The money in the fund shall be available, upon appropriation,
6to the California-Mexico Border Relations Council pursuant to
7Chapter 2 (commencing with Section 99520) of Title 20 of the
8Government Code, for expenditure for the purposes of this part.

9(c) The money in the fund shall not be made available for the
10purpose of bringing a person or a facility into compliance with
11environmental laws, or to provide funds to remediate environmental
12damage. The fund, instead, shall assist appropriate responsible
13agencies in California and Baja California in the implementation
14of projects to identify and resolve environmental and public health
15problems that directly threaten the health or environmental quality
16of California residents or sensitive natural resources of the
17California border region, including projects related to domestic
18and industrial wastewater, vehicle and industrial air emissions,
19hazardous waste transport and disposal, human and ecological
20risk, and disposal of municipal solid waste.

21

SEC. 6.  

Section 71103 of the Public Resources Code is
22amended to read:

23

71103.  

(a) The California-Mexico Border Relations Council,
24upon request, shall inform any community-based nonprofit
25environmental organization, responsible local government, and
26special district located within the California-Baja California border
27region that it may request funding pursuant to Section 71102.

28(b) The California-Mexico Border Relations Council, shall
29award grants to a local governmental entity or special district,
30community-based nonprofit environmental organization, or
31postsecondary educational institution based on the severity of the
32environmental, public health, or natural resource concerns due to
33cross-border transmission of environmental pollutants or toxics to
34the city or county in which the entity, organization, or institution
35is located. First priority for funding shall be given to an entity,
36organization, or institution located in a city or county in which an
37environmental, public health, or natural resource threat exists and
38that has existing capability to respond to, implement, and abate
39the threat to California from cross-border sources.

P8    1(c) The Secretary for Environmental Protection, on behalf of
2the council, shall accept donations of used equipment, including
3computers, printers, and lab equipment, for distribution to
4governmental entities and community-based nonprofit
5environmental organizations located within the California-Baja
6California border region and postsecondary educational institutions
7located within Baja California and within the California-Baja
8California border region, if the donations can be shown to
9contribute to the protection of the environment, public health, or
10natural resources of the California border region.

11

SEC. 7.  

Section 71103.5 of the Public Resources Code is
12amended to read:

13

71103.5.  

(a) The Legislature finds and declares all of the
14following:

15(1) The New River poses an imminent and severe threat to the
16public health of residents of Calexico, California, and adjacent
17communities in Imperial County. Since the 1940s, the New River
18has been recognized as a significant pollution and human health
19problem, primarily because of extremely high concentrations of
20fecal coliform bacteria.

21(2) While there have been recent measurable water quality
22improvements as a result of sewage infrastructure projects
23implemented and completed during the last 10 years in Mexicali,
24Mexico, the residual and projected pollution in the New River
25coming from Mexico remains a significant threat to public health
26and the environment.

27(3) Current bacteria levels in the New River are several orders
28of magnitude above the state standards for bacteria. Based on these
29levels and the historic levels of pollution, the waterway is believed
30to carry pathogens that cause tuberculosis, encephalitis, polio,
31cholera, hepatitis, and typhoid. The waterway also carries other
32contaminants in concentrations that are in violation of federal,
33state, and Mexican water quality standards by several hundredfold.

34(4) The New River is listed as an impaired river by the United
35States Environmental Protection Agency due to low dissolved
36oxygen (DO) and the presence of chlordane, chlorpyrifos, copper,
37dichloro-diphenyl-trichloroethane (DDT), diazinon, dieldrin,
38mercury, nutrients, pathogens, polychlorinated biphenyls (PCBs),
39sediment, selenium, toxaphene, toxicity, trash, and volatile organic
40compounds (VOCs).

P9    1(5) The New River is a major contributor of pollution to the
2Salton Sea, and failure to address water quality problems in the
3New Riverbegin delete areend deletebegin insert isend insert impeding the ability of the state to implement
4laws and programs designed to restore and protect this important
5environmental and wildlife habitat resource.

6(6) The New River condition in the border area is also an
7aesthetic nuisance for Calexico residents and has historically
8inhibited the city’s socioeconomic well-being and growth.

9(7) A coordinated and comprehensive state strategy is needed
10to deal with the residual and projected pollution so that the New
11River and associated river channel can be enhanced to a condition
12that will allow the residents of Calexico and Imperial County to
13utilize them as recreational and natural assets as contemplated in
14the California River Parkways Act of 2004 (Chapter 3.8
15(commencing with Section 5750) of Division 5).

16(8) In the Budget Act of 2009, as amended by Chapter 1 of the
17Statutes of 2009 Fourth Extraordinary Session, eight hundred
18thousand dollars ($800,000) was appropriated to the City of
19Calexico for various planning needs necessary to develop a river
20parkway plan and river improvement project for the New River.
21The moneys were appropriated in order to secure and serve as
22matching funds for the four million dollars ($4,000,000) allocated
23pursuant to the Safe, Accountable, Flexible, Efficient
24Transportation Equity Act: A Legacy for Users (Public Law
25109-59) to the City of Calexico for the development of bicycle
26paths and public park space adjacent to the New River.

27(9) The City of Calexico, as the recipient of funding pursuant
28to the California River Parkways Act of 2004, has agreed to provide
29 necessary financial support to the council for the development of
30the council’s strategic plan.

31(b) As used in this section, the following terms have the
32following meanings:

33(1) “Agency” means the California Environmental Protection
34Agency.

35(2) “City” means the City of Calexico, California.

36(3) “Council” means the California-Mexico Border Relations
37Council established pursuant to Section 99522 of the Government
38Code.

39(4) “County” means the County of Imperial, California.

P10   1(5) “IBWC” means the International Boundary and Water
2Commission, United States Section.

3(6) “New River Improvement Project” or “project” means a
4project to study, monitor, remediate, and enhance New River water
5quality in the County of Imperial to protect human health, and
6develop a river parkway suitable for public use and enjoyment.

7(c) Pursuant to the authority granted to the council pursuant to
8Section 99523 of the Government Code and contingent upon the
9execution of an agreement with the City of Calexico for the purpose
10of providing the necessary funding, the council shall develop a
11strategic plan to guide the implementation of the New River
12Improvement Project. The strategic plan shall include, but need
13not be limited to, all of the following elements:

14(1) Quantification of current and projected New River water
15quality impairments and their threat to public health.

16(2) Prioritization of the actions necessary to protect public health
17and to meet New River water quality objectives and other
18environmental goals, such as improving the quality of water flows
19into the Salton Sea.

20(3) Identification of potential funds for the implementation of
21the project, and potential lead agencies that would be responsible
22for environmental review of activities related to the cleanup and
23restoration of the New River.

24(4) Identification of the appropriate federal, state, and local
25agencies with a role in implementing and achieving the New River
26Improvement Project.

27(d) (1) To the extent permitted by law, the council may work
28with appropriate binational, federal, state, local, and
29nongovernmental organizations on both sides of the
30California-Mexico border to develop the strategic plan and to fund
31and establish cooperative water quality monitoring, public health
32studies, inspection, and technical assistance programs as needed
33to support, convene, and oversee the project.

34(2) To further the objectives of this subdivision, the council
35may convene and oversee a technical advisory committee. The
36advisory committee shall advise the council regarding the necessary
37studies and activities to carry out the project, and shall serve at the
38pleasure of the council. The advisory committee shall include
39representatives from the following:

40(A) Impacted cities and counties.

P11   1(B) Relevant local, regional, and state agencies and departments.

2(C) Nongovernmental organizations.

3(D) Other stakeholders deemed necessary by the council.

4(3) The council shall appoint the chair of the committee and
5may expand the membership and expertise of the committee as it
6deems necessary.

7(4) The council may enter into an agreement, including an
8interagency agreement and memorandum of understanding, with
9public agencies, including the city, to accept, manage, and expend
10funds for the implementation of this section.

11(e) This section does not modify existing roles, responsibilities,
12or liabilities of the State of California, the City of Calexico,
13Imperial County, or any other governmental agency, under those
14laws that regulate, protect, and clean up surface waters entering
15the United States from Mexico.

16(f) The New River Improvement Project Account is hereby
17created in the California Border Environmental and Public Health
18Protection Fund to receive moneys for activities related to the New
19River Improvement Project from sources identified in Section
2071101 and other sources. Upon appropriation by the Legislature,
21moneys in the account shall be expended to implement the purposes
22identified in subdivision (c) or Section 71102 that are related to
23the New River.

24

SEC. 8.  

Section 71103.6 is added to the Public Resources Code,
25to read:

26

71103.6.  

(a) The council shall establish the New River Water
27Quality, Public Health, and River Parkway Development Program
28to coordinate funding for, and the implementation of, the
29recommendations from the strategic plan developed pursuant to
30subdivision (c) of Section 71103.5, and the projects identified
31pursuant to Section 71102.

32(b) Any entity of state government that funds the activities of
33the program shall make all necessary efforts to integrate and align
34its contractual and administrative requirements for grants, loans,
35and other forms of financial support to meet the goals of the
36program.

37

SEC. 9.  

Section 7048 of the Water Code is amended to read:

38

7048.  

(a) The Legislature hereby finds and declares that the
39protection, restoration, and enhancement of urban creek channels
40provide potential benefits to the state by combining an effective
P12   1and efficient means of flood damage reduction with the
2preservation and enhancement of natural environmental values.
3The Legislature further finds that urban creek protection,
4restoration, and enhancement are best undertaken by local agencies
5and organizations with assistance from the state. It is the intent of
6the Legislature, in enacting this section, to restore the ecological
7viability of creek environments located in predominantly urban
8areas, thereby enhancing aesthetic, recreational, and fish and
9wildlife values.

10(b) (1) The director may establish a program of flood damage
11reduction and urban creek restoration known as the Urban Streams
12Restoration Program. The program shall consist of both of the
13following components:

14(A) The development of the capability by the department to
15respond to requests from local agencies and organizations for
16planning and design assistance for efficient and effective urban
17creek protection, restoration, and enhancement.

18(B) To the extent that funds are provided, a process for awarding
19competitive grants.

20(2) For purposes of this section, urban creek protection,
21restoration, and enhancement include, but are not limited to, the
22maintenance of channel capacity, channel stabilization, vegetation
23management, the reduction of water quality impairments and
24nonpoint source water pollution, the establishment of parkways
25for public use that benefit flood control and water quality, and
26adaptive management to meet program objectives. Where
27appropriate, the protection, restoration, and enhancement shall
28utilize efficient, nonstructural low-maintenance flood protection
29techniques. The department shall utilize in this program its
30expertise in a variety of disciplines, including, but not limited to,
31soil bioengineering, hydrology, and plant ecology.

32(3) (A) The department shall maintain a balance in allocating
33the money annually available for grants to small urban creek
34restoration projects and large urban stream restoration projects,
35allocating not less than 35 percent to both small and large projects.
36For purposes of this section, “small urban creek restoration
37projects” are projects for which total costs, including acquisition
38and restoration costs, are below one million dollars ($1,000,000)
39and “large urban stream restoration projects” are projects for which
P13   1total costs, including acquisition and restoration costs, are one
2million dollars ($1,000,000) or more.

3(B) Notwithstanding subparagraph (A), if an insufficient number
4of qualified projects are available to fully meet the allocation
5requirement, the department may grant funds to any project that
6is otherwise qualified, in order to ensure that all available funds
7are used efficiently.

8(c) In responding to requests for assistance, the department shall
9give priority to those projects that are being planned in conjunction
10with, or in lieu of, local flood control projects. The department
11may award grants and contracts to local agencies and organizations
12as provided for in the budget of the department. Participating local
13agencies and organizations shall follow procedures, plans, and
14practices that are acceptable to the department, and shall conform
15to guidelines established by the department that define the level
16of contribution and participation required by local agencies and
17organizations.

18The department shall coordinate the program with the
19Department of Fish and Wildlife during the formulation of
20guidelines and project planning for urban creek protection,
21restoration, and enhancement. The department shall also consult
22with the Department of Fish and Wildlife on project criteria which
23may include economic, environmental, and social benefits to be
24achieved.

25(d) It is the intent of the Legislature that the duties and
26responsibilities of the department be identified as the Urban
27Streams Restoration Program and be carried out by an office or
28staff designated for this purpose. Information on how to obtain
29planning, design, and financial assistance should be readily
30accessible to the public.

31(e) As used in this section, “urban creek” means a creek, stream,
32or river that crosses built-up residential, commercial, or industrial
33property, or that crosses land where, in the near future, the land
34use will be residential, commercial, or industrial.

35(f) For the purposes of this section, eligible activities include,
36but are not limited to, the maintenance of channel capacity and
37stabilization of the morphological equilibrium of a natural channel
38for purposes of flood damage reduction, erosion control, and bank
39stabilization which may include nonstructural as well as structural
40projects.

P14   1(g) The department may adopt regulations that define “adaptive
2management” for the purposes of the Urban Streams Restoration
3Program, and establish criteria to fund projects that include
4adaptive management activities.

5(h) The department may amend or utilize existing regulations
6for approving competitive grants. The regulations may include,
7but are not limited to, an application process, grant approval
8criteria, and grantee’s reporting requirements. The department
9shall annually make available to the public, in a form that is readily
10accessible, information regarding the status of funds appropriated
11for these purposes and projects that received grants.

12(i) In order to address the unique ecological, flood control, water
13quality, and hydrological conditions associated with urban creeks
14and watersheds on the California-Mexico border, the department
15shall consult with the California-Mexico Border Relations Council
16to establish criteria to fund projects that improve conditions for
17cross-border urban creeks.

18

SEC. 10.  

Section 79737 of the Water Code is amended to read:

19

79737.  

(a) Of the funds authorized by Section 79730, two
20hundred eighty-five million dollars ($285,000,000) shall be
21available to the Department of Fish and Wildlife for watershed
22restoration projects statewide in accordance with this chapter.

23(b) For the purposes of this section, watershed restoration
24includes activities to fund coastal wetland habitat, improve forest
25health, restore mountain meadows, modernize stream crossings,
26culverts, and bridges, reconnect historical flood plains, install or
27improve fish screens, provide fish passages, restore river channels,
28restore or enhance riparian, aquatic, and terrestrial habitat, improve
29ecological functions, acquire from willing sellers conservation
30easements for riparian buffer strips, improve local watershed
31 management, and remove sediment or trash.

32(c) For any funds available pursuant to this section that are used
33to provide grants under the Fisheries Restoration Grant Program,
34a priority shall be given to coastal waters.

35(d) In allocating funds for projects pursuant to this section, the
36Department of Fish and Wildlife shall only make funds available
37for water quality, river, and watershed protection and restoration
38projects of statewide importance outside of the Delta.

P15   1(e) Funds provided by this section shall not be expended to pay
2the costs of the design, construction, operation, mitigation, or
3maintenance of Delta conveyance facilities.

4(f) Funds provided by this section shall only be used for projects
5that will provide fisheries or ecosystem benefits or improvements
6that are greater than required applicable environmental mitigation
7measures or compliance obligations, except for any water transfers
8for the benefit of subsection (d) of Section 3406 of the Central
9Valley Project Improvement Act (Title 34 of Public Law 102-575).

10(g) In order to address the unique ecological, flood control,
11water quality, and hydrologicalbegin delete conditionalend deletebegin insert conditionsend insert associated
12with urban creeks and watersheds on the California-Mexico border,
13the department shall consult with the California-Mexico Border
14Relations Council to establish criteria to fund projects that improve
15conditions for cross-border urban creeks and watersheds.



O

    95