BILL NUMBER: AB 965	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eduardo Garcia

                        FEBRUARY 26, 2015

   An act to add Section 71103.6 to the Public Resources Code, and to
amend Section 7048 of, and to add Section 79737.5 to, the Water
Code, relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 965, as introduced, Eduardo Garcia. California and Mexico
border: 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.
   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 strategic plan required to be developed by the council and
certain projects identified by the council pursuant to existing law.
   (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 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 the council
in the development of any regulations or guidelines for the
expenditure of these moneys to establish specified criteria related
to urban creeks and watersheds 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 71103.6 is added to the Public Resources Code,
to read:
   71103.6.  (a) The California-Mexico Border Relations 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.  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  Game   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  Game  
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   "adaptive management"  for
the purposes of the Urban Streams Restoration  Program
  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.