BILL NUMBER: AB 1205 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gomez
( Coauthors: Assembly Members
McCarty and Rendon )
( Coauthor: Senator
Hertzberg )
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 eligible applicants to develop
projects on or adjacent to riparian corridors that assist
the state in implementing that, among other things,
furthers the regulatory purposes of the California Global
Warming Solutions Act of 2006 and to prioritize funding for
projects that provide consider the extent to which a
project reduces emissions of greenhouse gases and provides 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.
The bill would require the secretary of the agency to develop
regulations, criteria, or procedural guidelines for the
implementation of the grant program.
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, and
improve mobility by decreasing increase active
transportation, such as biking and walking, improve nonmotorized
mobility in the surrounding communities, and decrease vehicle
miles traveled.
5847. (a) The Natural Resources Agency shall establish a grant
program for eligible applicants to develop
projects on or adjacent to riparian corridors that assist
the state in implementing furthers the regulatory
purposes of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code) and shall prioritize funding pursuant to this
chapter for projects that provide 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).
(b) 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.
(c) 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 the greatest level of the
following cobenefits:
(1) Recreational access to and improved human
interactions, interaction with a river or riparian
corridor, especially in urban corridors and park-starved
communities.
(2) Transportation Improved
transportation mobility, especially pedestrian, bicycle, and
public transit.
(3) Economic viability of the surrounding community 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 supply supply, flood
protection, and water quality. quality,
including the water quality of impaired water bodies through river
restoration.
(9) Job training and workforce development, especially projects
that involve disadvantaged youth and veterans.
(10) Improved stormwater retention.
(11) Improvements along impaired water bodies.
(b)
( d) Projects receiving funding pursuant to
this chapter shall also be consistent with all
both of the following:
(1) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code).
(2)
( 1) The California Water Action Plan
published by the Governor.
(3)
( 2) The Safeguarding California Plan
published by the Natural Resources Agency.
(4) Chapter 830 of the Statutes of 2012.
(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.
(c)
( f) 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 to a major metropolitan
area of the state. and opportunities to major
metropolitan areas of the state, including those that are relatively
underserved by parks.
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,
river parkway and urban creek programs and the Greenhouse
Gas Reduction Fund, created by Section 16428.8 of the Government
Code.
5849. The secretary shall develop regulations, criteria, or
procedural guidelines for the implementation of this chapter.