Amended in Senate May 11, 2015

Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 760


Introduced by Senator Mendoza

February 27, 2015


begin deleteAn act to add Division 45 (commencing with Section 75500) to the Public Resources Code, relating to disadvantaged communities. end deletebegin insertAn act to add Chapter 13 (commencing with Section 79799) to Division 26.7 of the Water Code, relating to water.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 760, as amended, Mendoza. begin deleteDisadvantaged Community Enhancement Act of 2015. end deletebegin insertDistressed watershed: urban greening.end insert

begin insert

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. Proposition 1 makes available $100,000,000 of the bond proceeds, upon appropriation by the Legislature, for projects to protect and enhance an urban creek and its tributaries that meets certain requirements.

end insert
begin insert

This bill would require a public agency receiving an appropriation from the $100,000,000 to give priority to projects that are located in, or directly adjacent to, a disadvantaged community within a distressed watershed and that may also provide greenspace or other venues for physical activities.

end insert
begin delete

Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives.

end delete
begin delete

This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvements that provide to eligible applicants multiple environmental benefits.

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 13 (commencing with Section 79799) is
2added to Division 26.7 of the end insert
begin insertWater Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert13.end insert Miscellaneous
5

 

6

begin insert79799.end insert  

(a) (1) It is the intent of the Legislature to provide
7additional funding opportunities, in a more consolidated manner,
8to address watershed-related infrastructure challenges in
9California’s most disadvantaged communities and promote projects
10that provide cobenefits that address physical blight and
11deficiencies.

12(2) It is further the intent of the Legislature to fund urban
13greening projects independent of other programs.

14(b) For purposes of this section, the following terms mean the
15following:

16(1) “Disadvantaged community” means a community identified
17as a disadvantaged community pursuant to Section 39711 of the
18Health and Safety Code with significant population densities,
19significant concentrations of industrial facilities, and trade corridor
20activity.

P3    1(2) “Distressed watershed” means a watershed with blighted
2or contaminated properties located in incorporated or
3unincorporated areas.

4(c) A public agency receiving an appropriation from moneys
5made available pursuant to subdivision (a) of Section 79735 shall
6give priority to projects to enhance an urban creek and its
7tributaries that are located in, or directly adjacent to, a
8disadvantaged community within a distressed watershed and that
9may also provide greenspace or other venues for physical activities,
10such as walking, hiking, and cycling.

end insert
begin delete
11

SECTION 1.  

Division 45 (commencing with Section 75500)
12is added to the Public Resources Code, to read:

13 

14Division 45.  Disadvantaged Community
15Enhancement

16

16 

17PART 1.  General Provisions and Definitions

18

 

19

75500.  

This division shall be known, and may be cited as, the
20Disadvantaged Community Enhancement Act of 2015.

21

75501.  

It is the intent of the Legislature, in enacting this
22division, to provide additional funding opportunities to address
23infrastructure challenges in California’s most disadvantaged
24communities and promote projects that provide for cobenefits that
25address physical blight and deficiencies.

26

75502.  

For purposes of this division, the following terms mean
27the following:

28(a) “Active transportation program” means the program
29established pursuant to Section 2380 of the Streets and Highway
30Code.

31(b) “Council” means the Strategic Growth Council established
32pursuant to Section 75121.

33(c) “Disadvantaged community” means a community identified
34as a disadvantaged community pursuant to Section 39711 of the
35Health and Safety Code.

36(d) “Eligible applicant” means a city, county, city and county,
37special district, Native American tribe, state conservancy, or a
38qualified nonprofit organization.

39(e) “Program” means the Disadvantaged Community
40Enhancement Program established pursuant to Section 75510.

 

P4    1PART 2.  Disadvantaged Community Enhancement
2Program

3

 

4

75510.  

The council shall develop and implement the
5Disadvantaged Community Enhancement Program to award grants
6to disadvantaged communities to facilitate projects for community
7enhancement improvements that provide to disadvantaged
8communities multiple environmental benefits.

9

75511.  

Eligible community enhancement improvements
10include, but are not limited to, any of the following:

11(a) Land acquisitions in urban settings of blighted or
12contaminated properties serving little sequestration benefit for
13greenspace conversion.

14(b) Urban greening projects including urban forestry and
15landscaping.

16(c) Park development and land protection for passive or active
17recreation.

18(d) Hardscape conversions and repurposing of lands to serve
19greenspace benefits.

20(e) Nonmotorized trail and other active transportation projects.

21(f) Heat island mitigation.

22(g) Planning of a sustainable community.

23

75512.  

(a) The council shall award grants to eligible applicants
24through a competitive process. In prioritizing the award, the council
25shall consider both of the following:

26(1) Factors of the community benefiting from the award,
27including all of the following:

28(A) The poverty rate.

29(B) The unemployment rate.

30(C) The childhood obesity rate and incidents of asthma.

31(D) The availability of greenspace and venues for physical
32activity.

33(E) The lack of nonmotorized infrastructure supporting an active
34transportation program.

35(F) The levels of air pollution.

36(G) The drinking water quality.

37(H) The groundwater quality, if applicable.

38(2) The environmental benefits resulting from the project,
39including, but not limited to, the following:

40(A) Water quality improvement.

P5    1(B) Groundwater, storage, recharge, or remediation.

2(C) Storm water capture.

3(b) The council shall give priority to eligible applicants and
4projects that are located wholly within distressed watershed areas
5with significant populations and heavy concentrations of industrial
6facilities and trade corridor activity.

7

75513.  

(a) To receive a grant for a project pursuant to the
8program, an eligible applicant shall submit an application, as
9prescribed by the council, that contains information regarding the
10factors and environmental benefits described in Section 75512.

11(b) In addition to subdivision (a), the applicant shall also include
12in the application the following information:

13(1) A clear articulation on how the grant would be used to
14address the factors and provide the environmental benefits
15 described in Section 75512.

16(2) The leveraging of other sources of funds to facilitate and
17maximize the benefits from the proposed community enhancement
18improvements.

19

75514.  

Awards made pursuant to this division shall not supplant
20other sources of funding designed to benefit disadvantaged
21communities.

end delete


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