BILL NUMBER: AB 965 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2015
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 79717 to, of
the Water Code, relating to 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 the strategic plan and the projects identified pursuant to
existing law. The bill would provide that specified 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 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.
This bill would require responsible agencies under the bond act to
consult with the council when developing any regulations or
guidelines for the expenditure of these moneys and establishing
criteria 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) "California-Baja California border region" means the region to
the north and south of the international border between California
and Baja California described in 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 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 the 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 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 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 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.
SEC. 4. Section 71103.6 is added to the Public Resources Code, to
read:
71103.6. (a) The 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
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. 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
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
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. 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.