Amended in Senate July 16, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 8, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1205

Introduced by Assembly Member Gomez

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(Coauthors: Assembly Members McCarty and Rendon)

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(Coauthor: Senator Hertzberg)

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February 27, 2015

An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to rivers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1205, as amended, Gomez. The California River Revitalization and Greenway Development Act of 2015.

Existing law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020.

This bill would require the Natural Resources Agency to establish a grant program for begin delete eligible applicants to develop end delete projects on or adjacent to riparian corridors begin delete that assist the state in implementing end delete begin insert that, among other things, furthers the regulatory purposes of end insert the California Global Warming Solutions Act of 2006 and to begin delete prioritize funding for projects that provide end delete begin insert consider the extent to which a project reduces emissions of greenhouse gases and provides end insert the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program.

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The bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Efforts to reduce greenhouse gas emissions and enhance
carbon sequestration on river systems will have significant
economic, social, and environmental cobenefits and can aid
progress on efforts to prepare for climate change risks.

(b) Investing in river systems allows for cobenefits, including
protection of water supply and water quality, air quality, species
habitat, recreation, jobs, flood protection, reduced heat-island
effects, and reduced energy use.

(c) To ensure resilience and proper carbon management of these
river systems, an integrated program must be developed to
maximize the carbon management of the systems as well as
effectively use existing state and regional funding.

SEC. 2.  

Chapter 10.5 (commencing with Section 5845) is added
to Division 5 of the Public Resources Code, to read:

 

Chapter  10.5. The California River Revitalization and
Greenway Development Act of 2015

 

5845.  

This chapter shall be known, and may be cited, as
CalRIVER.

5846.  

It is the intent of the Legislature that, in an effort to
reduce greenhouse gas emissions and increase greenhouse gas
sequestration, the state shall protect, restore, and enhance a network
of river systems and their riparian corridors to increase water
retention, improve water quality, improve urban greening and
urban reforestation, reduce the heat-island effect, begin delete and improve
mobility by decreasing end delete begin insert increase active transportation, such as
biking and walking, improve nonmotorized mobility in the
surrounding communities, and decrease end insert vehicle miles traveled.

5847.  

(a) The Natural Resources Agency shall establish a grant
program for begin delete eligible applicants to develop end delete projects on or adjacent
to riparian corridors that begin delete assist the state in implementing end delete begin insert furthers
the regulatory purposes of end insert the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500) of the Health and Safety Code) and begin delete shall prioritize funding
pursuant to this chapter for projects that provide end delete begin insert meets the
requirements of the Greenhouse Gas Reduction Fund Investment
Plan and Communities Revitalization Act (Chapter 4.1
(commencing with Section 39710) of Part 2 of Division 26 of the
Health and Safety Code). end insert

begin insert (b) end insert begin insert   end insert begin insert To be eligible for funding under the program, a project shall
demonstrate that it will achieve a reduction in emissions of
greenhouse gases. In selecting projects for funding, the Natural
Resources Agency, in consultation with the State Air Resources
Board, shall consider the extent to which a project reduces
emissions of greenhouse gases. end insert

begin insert (c) end insert begin insert   end insert begin insert In evaluating grant applications for funding, the Natural
Resources Agency shall, in addition to prioritizing projects
pursuant to subdivision (b), consider the extent to which a project
provides end insert the greatest level of the following cobenefits:

(1) Recreational access begin insert to end insert and improved human begin delete interactions, end delete
begin insert interaction with a river or riparian corridor, end insert especially in urban
corridors and park-starved communities.

(2)  begin delete Transportation end delete begin insert Improved transportation end insert mobility, especially
pedestrian, bicycle, and public transit.

(3) Economic viability begin insert of the surrounding community end insert by
promoting appropriate development, especially in an urban setting.

(4) Development of visitor-serving and interpretive facilities.

(5) Access and development of pocket parks, community
gardens, demonstration gardens, and other urban greening.

(6) Species protections and the protection of habitat strongholds,
including improved wildlife corridors.

(7) Improved resiliency in the face of unavoidable impacts from
climate change.

(8) Improved water begin delete supply end delete begin insert supply, flood protection, end insert and water
begin delete quality. end delete begin insert quality, including the water quality of impaired water
bodies through river restoration. end insert

(9) Job training and workforce development, especially projects
that involve disadvantaged youth and veterans.

(10) Improved stormwater retention.

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(11) Improvements along impaired water bodies.

end delete begin delete

(b)

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begin insert ( end insert begin insert d) end insert  Projects receiving funding pursuant to this chapter shall begin insert also end insert
be consistent with begin delete all end delete begin insert both end insert of the following:

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(1) The California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code).

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(2)

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begin insert ( end insert begin insert 1) end insert  The California Water Action Plan published by the Governor.

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(3)

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begin insert ( end insert begin insert 2) end insert  The Safeguarding California Plan published by the Natural
Resources Agency.

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(4) Chapter 830 of the Statutes of 2012.

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(e) Projects receiving funding pursuant to this chapter for flood
protection shall be consistent, as applicable, with Chapter 4
(commencing with Section 8400) of Part 2 of Division 5, Part 6
(commencing with Section 9600) of Division 5, and Part 9
(commencing with Section 12980) of Division 6, of the Water Code.

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(c)

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begin insert ( end insert begin insert f) end insert  The Natural Resources Agency shall also prioritize funding
pursuant to this chapter for projects with the following
characteristics:

(1) Are consistent with a parkway, greenway, or urban greening
plan.

(2) Leverage moneys from 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.

(3) Provide recreational access begin delete to a major metropolitan area of
the state. end delete begin insert and opportunities to major metropolitan areas of the
state, including those that are relatively underserved by parks. end insert

5848.  

The CalRIVER fund is hereby created in the State
Treasury to be administered by the Natural Resources Agency.
The moneys in the CalRIVER Fund, upon appropriation by the
Legislature, shall be expended by the Natural Resources Agency
in accordance with this chapter. The Legislature may transfer
moneys to the fund from bond proceeds and special funds,
including, but not limited to, begin delete river parkway and urban creek
programs and end delete the Greenhouse Gas Reduction Fund, created by
Section 16428.8 of the Government Code.

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begin insert 5849. end insert   

The secretary shall develop regulations, criteria, or
procedural guidelines for the implementation of this chapter.

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