Bill Text: CA AB965 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California and Mexico border: water resources improvement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 668, Statutes of 2015. [AB965 Detail]

Download: California-2015-AB965-Amended.html

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BILL NUMBER: AB 965	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 26, 2015

   An act to  amend Sections 71100, 71101, and 71103 of, and to
 add Section 71103.6 to  ,  the Public Resources Code,
and to amend Section 7048 of, and to add Section  79737.5
  79717  to, the Water Code, relating to 
public  water  resources.


	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 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  a   the  strategic plan 
required to be developed by the council  and 
certain   the  projects identified  by the
council  pursuant to existing law.  The bill would
provide that water bond proceeds, as described in (3), may be
deposited in the fund to be available, upon appropriation, to the
secretary for these purposes. 
   (2) Existing law  also  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
  responsible agencies under the bond act to consult
with  the council  in the development of  
when developing  any regulations or guidelines for the
expenditure of these moneys  to establish specified 
 and   establishing  criteria  related to
urban creeks and watersheds   for watershed restoration
projects  on the California-Mexico border.
   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.    Section 71100 of the   Public
Resources Code   is amended to read: 
   71100.  The following definitions govern the construction of this
part: 
   (a) "Cal BECC" means the California Border Environmental
Cooperation Committee established on July 22, 1994, by the Governors
of California, Baja California, and Baja California Sur. 

   (b) 
    (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 
Chapter IV of the US-Mexico Border XXI Program, Framework Document,
published October 1996.   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 
Education   and Public Health Protection  Fund
established pursuant to Section 71101.
   SEC.   2.    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 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 Secretary  of   for  Environmental
Protection, for allocation 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.
   SEC. 3.    Section 71103 of the   Public
Resources Code   is amended to read: 
   71103.  (a) The Secretary for Environmental Protection, 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 Secretary for Environmental Protection, in consultation
with  Cal BECC,   the council,  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
 Cal BECC,   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.
   SECTION 1.   SEC. 4.   Section 71103.6
is added to the Public Resources Code, to read:
   71103.6.  (a) The  California-Mexico Border Relations
Council   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
 by the council  pursuant to Section 71102.
   (b) A state agency 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.
   SEC. 2.   SEC. 5.   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. 
  SEC. 3.    Section 79737.5 is added to the Water
Code, to read:
   79737.5.  In the development of any regulations or guidelines for
the expenditure of funds authorized pursuant to Section 79737, the
Department of Fish and Wildlife shall consult with the
California-Mexico Border Relations Council to establish criteria for
watershed restoration projects that address the unique ecological,
water quality, habitat, and hydrological conditions associated with
urban creeks and watersheds on the California-Mexico border.

   SEC. 6.    Section 79717 is added to the  
Water Code   , to read:  
   79717.  In order to address the unique ecological, water quality,
habitat, and hydrological conditions associated with urban creeks and
watersheds on the California-Mexico border, responsible agencies
shall consult with the California-Mexico Border Relations Council
when developing regulations or guidelines for the expenditure of
funds pursuant to this division for, and establishing criteria for,
watershed restoration projects in the border region.