Bill Text: CA SB760 | 2015-2016 | Regular Session | Amended


Bill Title: Distressed watershed: urban greening.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB760 Detail]

Download: California-2015-SB760-Amended.html
BILL NUMBER: SB 760	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 11, 2015
	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

    An act to add Division 45 (commencing with Section 75500)
to the Public Resources Code, relating to disadvantaged communities.
  An act to add Chapter 13 (commencing with Section
79799) to Division 26.7 of the Water Code, relating to water. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 760, as amended, Mendoza.  Disadvantaged Community
Enhancement Act of 2015.   Distressed watershed: urban
greening.  
   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.
 
   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.  
   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.  
   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. 
   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.    Chapter 13 (commencing with Section
79799) is added to Division 26.7 of the   Water Code 
 , to read:  
      CHAPTER 13.  MISCELLANEOUS


   79799.  (a) (1) It is the intent of the Legislature to provide
additional funding opportunities, in a more consolidated manner, to
address watershed-related infrastructure challenges in California's
most disadvantaged communities and promote projects that provide
cobenefits that address physical blight and deficiencies.
   (2) It is further the intent of the Legislature to fund urban
greening projects independent of other programs.
   (b) For purposes of this section, the following terms mean the
following:
   (1) "Disadvantaged community" means a community identified as a
disadvantaged community pursuant to Section 39711 of the Health and
Safety Code with significant population densities, significant
concentrations of industrial facilities, and trade corridor activity.

   (2) "Distressed watershed" means a watershed with blighted or
contaminated properties located in incorporated or unincorporated
areas.
   (c) A public agency receiving an appropriation from moneys made
available pursuant to subdivision (a) of Section 79735 shall give
priority to projects to enhance an urban creek and its tributaries
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, such as walking,
hiking, and cycling.  
  SECTION 1.    Division 45 (commencing with Section
75500) is added to the Public Resources Code, to read:

      DIVISION 45.  Disadvantaged Community Enhancement



      PART 1.  General Provisions and Definitions


   75500.  This division shall be known, and may be cited as, the
Disadvantaged Community Enhancement Act of 2015.
   75501.  It is the intent of the Legislature, in enacting this
division, to provide additional funding opportunities to address
infrastructure challenges in California's most disadvantaged
communities and promote projects that provide for cobenefits that
address physical blight and deficiencies.
   75502.  For purposes of this division, the following terms mean
the following:
   (a) "Active transportation program" means the program established
pursuant to Section 2380 of the Streets and Highway Code.
   (b) "Council" means the Strategic Growth Council established
pursuant to Section 75121.
   (c) "Disadvantaged community" means a community identified as a
disadvantaged community pursuant to Section 39711 of the Health and
Safety Code.
   (d) "Eligible applicant" means a city, county, city and county,
special district, Native American tribe, state conservancy, or a
qualified nonprofit organization.
   (e) "Program" means the Disadvantaged Community Enhancement
Program established pursuant to Section 75510.

      PART 2.  Disadvantaged Community Enhancement Program


   75510.  The council shall develop and implement the Disadvantaged
Community Enhancement Program to award grants to disadvantaged
communities to facilitate projects for community enhancement
improvements that provide to disadvantaged communities multiple
environmental benefits.
   75511.  Eligible community enhancement improvements include, but
are not limited to, any of the following:
   (a) Land acquisitions in urban settings of blighted or
contaminated properties serving little sequestration benefit for
greenspace conversion.
   (b) Urban greening projects including urban forestry and
landscaping.
   (c) Park development and land protection for passive or active
recreation.
   (d) Hardscape conversions and repurposing of lands to serve
greenspace benefits.
   (e) Nonmotorized trail and other active transportation projects.
   (f) Heat island mitigation.
   (g) Planning of a sustainable community.
   75512.  (a) The council shall award grants to eligible applicants
through a competitive process. In prioritizing the award, the council
shall consider both of the following:
   (1) Factors of the community benefiting from the award, including
all of the following:
   (A) The poverty rate.
   (B) The unemployment rate.
   (C) The childhood obesity rate and incidents of asthma.
   (D) The availability of greenspace and venues for physical
activity.
   (E) The lack of nonmotorized infrastructure supporting an active
transportation program.
   (F) The levels of air pollution.
   (G) The drinking water quality.
   (H) The groundwater quality, if applicable.
   (2) The environmental benefits resulting from the project,
including, but not limited to, the following:
   (A) Water quality improvement.
   (B) Groundwater, storage, recharge, or remediation.
   (C) Storm water capture.
   (b) The council shall give priority to eligible applicants and
projects that are located wholly within distressed watershed areas
with significant populations and heavy concentrations of industrial
facilities and trade corridor activity.
   75513.  (a) To receive a grant for a project pursuant to the
program, an eligible applicant shall submit an application, as
prescribed by the council, that contains information regarding the
factors and environmental benefits described in Section 75512.
   (b) In addition to subdivision (a), the applicant shall also
include in the application the following information:
   (1) A clear articulation on how the grant would be used to address
the factors and provide the environmental benefits described in
Section 75512.
   (2) The leveraging of other sources of funds to facilitate and
maximize the benefits from the proposed community enhancement
improvements.
   75514.  Awards made pursuant to this division shall not supplant
other sources of funding designed to benefit disadvantaged
communities.                                      
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