Chapter 6. Protecting Rivers, Lakes, Streams, Coastal Waters, And Watersheds of California Water Code >> Division 26.7. >> Chapter 6.
The sum of one billion four hundred ninety-five million
dollars ($1,495,000,000) shall be available, upon appropriation by
the Legislature from the fund, in accordance with this chapter, for
competitive grants for multibenefit ecosystem and watershed
protection and restoration projects in accordance with statewide
priorities.
Of the funds authorized by Section 79730, the sum of three
hundred twenty-seven million five hundred thousand dollars
($327,500,000) shall be allocated for multibenefit water quality,
water supply, and watershed protection and restoration projects for
the watersheds of the state in accordance with the following
schedule:
(a) Baldwin Hills Conservancy, ten million dollars ($10,000,000).
(b) California Tahoe Conservancy, fifteen million dollars
($15,000,000).
(c) Coachella Valley Mountains Conservancy, ten million dollars
($10,000,000).
(d) Ocean Protection Council, thirty million dollars
($30,000,000).
(e) San Diego River Conservancy, seventeen million dollars
($17,000,000).
(f) San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, thirty million dollars ($30,000,000).
(g) San Joaquin River Conservancy, ten million dollars
($10,000,000).
(h) Santa Monica Mountains Conservancy, thirty million dollars
($30,000,000).
(i) Sierra Nevada Conservancy, twenty-five million dollars
($25,000,000).
(j) State Coastal Conservancy, one hundred million five hundred
thousand dollars ($100,500,000). Eligible watersheds for the funds
allocated pursuant to this subdivision include, but are not limited
to, those that are in the San Francisco Bay Conservancy region, the
Santa Ana River watershed, the Tijuana River watershed, the Otay
River watershed, Catalina Island, and the central coast region.
(k) Sacramento-San Joaquin Delta Conservancy, fifty million
dollars ($50,000,000).
(a) In protecting and restoring California rivers, lakes,
streams, and watersheds, the purposes of this chapter are to:
(1) Protect and increase the economic benefits arising from
healthy watersheds, fishery resources, and instream flow.
(2) Implement watershed adaptation projects in order to reduce the
impacts of climate change on California's communities and
ecosystems.
(3) Restore river parkways throughout the state, including, but
not limited to, projects pursuant to the California River Parkways
Act of 2004 (Chapter 3.8 (commencing with Section 5750) of Division 5
of the Public Resources Code), in the Urban Streams Restoration
Program established pursuant to Section 7048, and urban river
greenways.
(4) Protect and restore aquatic, wetland, and migratory bird
ecosystems, including fish and wildlife corridors and the acquisition
of water rights for instream flow.
(5) Fulfill the obligations of the State of California in
complying with the terms of multiparty settlement agreements related
to water resources.
(6) Remove barriers to fish passage.
(7) Collaborate with federal agencies in the protection of fish
native to California and wetlands in the central valley of
California.
(8) Implement fuel treatment projects to reduce wildfire risks,
protect watersheds tributary to water storage facilities, and promote
watershed health.
(9) Protect and restore rural and urban watershed health to
improve watershed storage capacity, forest health, protection of life
and property, stormwater resource management, and greenhouse gas
reduction.
(10) Protect and restore coastal watersheds, including, but not
limited to, bays, marine estuaries, and nearshore ecosystems.
(11) Reduce pollution or contamination of rivers, lakes, streams,
or coastal waters, prevent and remediate mercury contamination from
legacy mines, and protect or restore natural system functions that
contribute to water supply, water quality, or flood management.
(12) Assist in the recovery of endangered, threatened, or
migratory species by improving watershed health, instream flows, fish
passage, coastal or inland wetland restoration, or other means, such
as natural community conservation plan and habitat conservation plan
implementation.
(13) Assist in water-related agricultural sustainability projects.
(b) Funds provided by this chapter shall only be used for projects
that will provide fisheries or ecosystem benefits or improvements
that are greater than required applicable environmental mitigation
measures or compliance obligations.
Of the funds made available by Section 79730, the sum of two
hundred million dollars ($200,000,000) shall be administered by the
Wildlife Conservation Board for projects that result in enhanced
stream flows.
For restoration and ecosystem protection projects under this
chapter, the services of the California Conservation Corps or a
local conservation corps certified by the California Conservation
Corps shall be used whenever feasible.
(a) Of the funds authorized by Section 79730, one hundred
million dollars ($100,000,000) shall be available, upon appropriation
by the Legislature, for projects to protect and enhance an urban
creek, as defined in subdivision (e) of Section 7048, and its
tributaries, pursuant to Division 22.8 (commencing with Section
32600) of, and Division 23 (commencing with Section 33000) of, the
Public Resources Code and Section 79508.
(b) (1) Of the funds authorized by Section 79730, twenty million
dollars ($20,000,000) shall be made available to the secretary for a
competitive program to fund multibenefit watershed and urban rivers
enhancement projects in urban watersheds that increase regional and
local water self-sufficiency and that meet at least two of the
following objectives:
(A) Promote groundwater recharge and water reuse.
(B) Reduce energy consumption.
(C) Use soils, plants, and natural processes to treat runoff.
(D) Create or restore native habitat.
(E) Increase regional and local resiliency and adaptability to
climate change.
(2) The program under this subdivision shall be implemented by
state conservancies, the Wildlife Conservation Board, the state
board, or other entities whose jurisdiction includes urban
watersheds, as designated by the secretary. Projects funded under the
program shall be a part of a plan developed jointly by the
conservancies, the Wildlife Conservation Board, the state board, or
other designated entities in consultation with the secretary.
(c) At least 25 percent of the funds available pursuant to this
section shall be allocated for projects that benefit disadvantaged
communities.
(d) Up to 10 percent of the funds available pursuant to this
section may be allocated for project planning.
Of the funds authorized by Section 79730, four hundred
seventy-five million dollars ($475,000,000) shall be available to the
Natural Resources Agency to support projects that fulfill the
obligations of the State of California in complying with the terms of
any of the following:
(a) Subsection (d) of Section 3406 of the Central Valley Project
Improvement Act (Title 34 of Public Law 102-575).
(b) Interstate compacts set forth in Section 66801 of the
Government Code pursuant to Title 7.42 (commencing with Section
66905) of the Government Code.
(c) Intrastate or multiparty water quantification settlement
agreement provisions, including ecosystem restoration projects, as
set forth in Chapters 611, 612, 613, and 614 of the Statutes of 2003.
(d) The settlement agreement referenced in Section 2080.2 of the
Fish and Game Code.
(e) Any intrastate or multiparty settlement agreement related to
water acted upon or before December 31, 2013. Priority shall be given
to projects that meet one or more of the following criteria:
(1) The project is of statewide significance.
(2) The project restores natural aquatic or riparian functions, or
wetlands habitat for birds and aquatic species.
(3) The project protects or promotes the restoration of endangered
or threatened species.
(4) The project enhances the reliability of water supplies on a
regional or interregional basis.
(5) The project provides significant regional or statewide
economic benefits.
(a) Of the funds authorized by Section 79730, two hundred
eighty-five million dollars ($285,000,000) shall be available to the
Department of Fish and Wildlife for watershed restoration projects
statewide in accordance with this chapter.
(b) For the purposes of this section, watershed restoration
includes activities to fund coastal wetland habitat, improve forest
health, restore mountain meadows, modernize stream crossings,
culverts, and bridges, reconnect historical flood plains, install or
improve fish screens, provide fish passages, restore river channels,
restore or enhance riparian, aquatic, and terrestrial habitat,
improve ecological functions, acquire from willing sellers
conservation easements for riparian buffer strips, improve local
watershed management, and remove sediment or trash.
(c) For any funds available pursuant to this section that are used
to provide grants under the Fisheries Restoration Grant Program, a
priority shall be given to coastal waters.
(d) In allocating funds for projects pursuant to this section, the
Department of Fish and Wildlife shall only make funds available for
water quality, river, and watershed protection and restoration
projects of statewide importance outside of the Delta.
(e) Funds provided by this section shall not be expended to pay
the costs of the design, construction, operation, mitigation, or
maintenance of Delta conveyance facilities.
(f) Funds provided by this section shall only be used for projects
that will provide fisheries or ecosystem benefits or improvements
that are greater than required applicable environmental mitigation
measures or compliance obligations, except for any water transfers
for the benefit of subsection (d) of Section 3406 of the Central
Valley Project Improvement Act (Title 34 of Public Law 102-575).
(g) 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 and watersheds.
(a) Of the funds authorized by Section 79730, eighty-seven
million five hundred thousand dollars ($87,500,000) shall be
available to the Department of Fish and Wildlife for water quality,
ecosystem restoration, and fish protection facilities that benefit
the Delta, including, but not limited to, the following:
(1) Projects to improve water quality or that contribute to the
improvement of water quality in the Delta, including projects in
Delta counties that provide multiple public benefits and improve
drinking and agricultural water quality or water supplies.
(2) Habitat restoration, conservation, and enhancement projects to
improve the condition of special status, at risk, endangered, or
threatened species in the Delta and the Delta counties, including
projects to eradicate invasive species, and projects that support the
beneficial reuse of dredged material for habitat restoration and
levee improvements.
(3) Scientific studies and assessments that support the Delta
Science Program, as described in Section 85280, or projects under
this section.
(b) In implementing this section, the department shall coordinate
and consult with the Delta city or Delta county in which a grant is
proposed to be expended or an interest in real property is proposed
to be acquired.
(c) Acquisitions pursuant to this section shall be from willing
sellers only.
(d) In implementing this section state agencies shall prioritize
wildlife conservation objectives through projects on public lands or
voluntary projects on private lands, to the extent feasible.
(e) Funds available pursuant to this section shall not be used to
acquire land via eminent domain.
(f) Funds available pursuant to this section shall not be expended
to pay the costs of the design, construction, operation, mitigation,
or maintenance of Delta conveyance facilities.