78647. (a) (1) There is hereby created in the account the Delta
Tributary Watershed Subaccount.
(2) For the purposes of this article, "subaccount" means the Delta
Tributary Watershed Subaccount created by paragraph (1).
(3) The sum of fifteen million dollars ($15,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the subaccount is hereby continuously appropriated, without
regard to fiscal year, to the board for grants for eligible projects
in accordance with this article, and for the administration of this
article.
78647.2. (a) The board shall administer a program under which a
county, or a joint powers authority in which a county is a
participant, may submit an application to the board for an eligible
project requesting financial or technical assistance for the purpose
of developing a voluntary, incentive-based watershed rehabilitation
project. The board shall consult with other federal and state
resource agencies, including, but not limited to, the Department of
Fish and Game and the Department of Forestry and Fire Protection, in
the administration of the program. The Resources Agency shall make a
written recommendation to the board regarding each application. The
board shall consider the recommendations of the Resources Agency and
include, when appropriate, the recommendation in the board's final
decision.
(b) Notwithstanding subdivision (a), if a county, or a joint
powers authority in which a county is a participant, after a request
to do so by a local public agency, declines to submit an application
for an eligible project for a watershed that is all or in part within
the boundaries of the county, a local public agency other than the
county or that joint powers agency may submit an application in
accordance with subdivision (a).
78647.4. (a) "Eligible project" means a watershed rehabilitation
project undertaken on lands owned or operated by the federal, state,
or a local government, or a private person or entity within the delta
tributary watershed.
(b) For the purposes of this article, "delta tributary watershed"
means a watershed which drains into the delta or the Trinity River.
78647.5. An eligible project shall include one or more of the
following purposes:
(a) A reduction in the presence of contaminants in drinking water
by addressing the origins of the contaminants, including, to the
maximum extent practicable, the specific activities that affect the
drinking water supply of a community or communities. A project with a
purpose described in this subdivision shall address contaminants,
including those that are pathogenic organisms, for which a national
primary drinking water regulation has been established, and that are
detected in the community water system for which the application is
submitted at levels above the maximum contaminant level or that are
detected by adequate monitoring methods at levels that are not
reliably and consistently below the maximum contaminant level.
(b) An increase in the yield of water available from, and water
retention capabilities of, the watershed, including projects to
reduce dense forest understory, restore upland meadows, and repair
stream channels.
(c) The improvement, restoration, or enhancement of fisheries
habitat, including riparian habitat, in and along streams and
watercourses in the watershed. Projects may address factors which
increase sedimentation in streams and watercourses in the watershed.
(d) The improvement of overall forest health, including the
reduction of factors which may contribute to the severity of
wildfires in the watershed.
78647.6. (a) Every project funded under this article shall comply
with state and federal law, regulations, and policies, and shall not
degrade the quality of any waters of the state.
(b) An application submitted to the board under this article shall
include all of the following information:
(1) An identification of any deficiencies in information that may
impair the development or implementation of a project.
(2) A discussion of the efforts undertaken to implement the
project and to obtain the participation of both of the following:
(A) Public agencies with relevant responsibilities in the
watershed.
(B) Persons and entities in the watershed who may be affected by
recommendations of the project and whose participation is essential
to the success of the project.
(3) Evidence in the form of a statement from a private person or
entity that that person or entity consents to the inclusion of
private property in the project, as appropriate.
(4) A monitoring plan to determine whether project purposes are
satisfied.
(5) An outline of the way in which project participants will,
during the development and implementation of the project, identify
and take into account any activities being undertaken by persons or
entities in the watershed under federal or state law to rehabilitate
the watershed. A project shall include voluntary and incentive-based
strategies for the long-term rehabilitation of the watershed.
(6) An identification of the technical, financial, or other
assistance that the applicant will request to develop or implement
the project.
(7) When feasible, an identification of quantifiable, innovative,
and cost-effective methods for achieving project purposes.
78647.7. An application submitted to the board under Section
78647.6 shall also include the following information:
(a) A delineation of the watershed area or areas critical for
project purposes using available hydrogeologic or other pertinent
information. If no information is available, the project shall
conduct, to the extent practicable, vulnerability assessments in the
watershed area, including identification of risks to drinking water,
a project may use delineations and vulnerability assessments
undertaken to identify groundwater sources under a wellhead
protection program, surface or groundwater sources under a pesticide
management plan, or surface water sources under a state or local
watershed initiative, or undertaken in accordance with Subpart H
(commencing with Section 141.70) of Part 141 of Title 40 of the Code
of Federal Regulations.
(b) An identification, to the maximum extent practicable, of the
origins of drinking water contaminants that may be addressed by a
project, including, to the maximum extent practicable, a description
of the specific activities contributing to the presence of the
contaminants in the watershed.
78647.8. The board may approve a grant for an eligible project to
develop or implement a project, not to exceed one million dollars
($1,000,000) per project. A grant shall not exceed 50 percent of the
administrative costs incurred, or estimated to be incurred, by the
applicant in connection with carrying out the project.
78647.10. (a) After providing notice and an opportunity for public
comment with regard to an application submitted under Section
78647.6, the board shall approve or disapprove the application, in
whole or in part, not later than 120 days after the date of
submission of the application. The board shall prepare, and transmit
to the Resources Agency and the applicant, written findings with
regard to the recommendations of the Resources Agency.
(b) The board may approve an application if the application meets
the requirements established under this article. The notice of
approval shall include all of the following:
(1) The identification of technical, financial, or other
assistance that the board agrees to provide to assist in the
development or implementation of a project.
(2) Any necessary coordination that the board will perform.
(3) A description of any funds available for the purpose of
developing and implementing the project, including any funds in a
water pollution control revolving fund established in connection with
Subchapter VI (commencing with Section 1381) of the Clean Water Act.
(4) A description of other technical or financial assistance that
is available under state or federal law for the purpose of developing
or implementing the project.
(5) A description of activities that are undertaken, or will be
undertaken, to coordinate federal and state programs which are
relevant to the watershed that is the subject of the application.
(c) If the board disapproves an application submitted under
Section 78647.6, the board shall notify the entity submitting the
application in writing of the reasons for disapproval. An application
may be resubmitted under either of the following circumstances:
(1) New information becomes available.
(2) Conditions affecting the watershed that is the subject of the
application change.
78647.12. The board may adopt regulations to implement this
article. The regulations shall include all of the following:
(a) Criteria for the assessment of watershed areas.
(b) Procedures for the submission of applications.
(c) Procedures for the approval or disapproval of an application
submitted under Section 78647.6.
78647.14. Grant recipients shall submit a report on completion of
the project to the board indicating whether the purposes of the
project have been met. The board shall make the report available to
interested federal, state, and local agencies.
78647.16. Not more than 3 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this article.
78647. (a) (1) There is hereby created in the account the Delta
Tributary Watershed Subaccount.
(2) For the purposes of this article, "subaccount" means the Delta
Tributary Watershed Subaccount created by paragraph (1).
(3) The sum of fifteen million dollars ($15,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the subaccount is hereby continuously appropriated, without
regard to fiscal year, to the board for grants for eligible projects
in accordance with this article, and for the administration of this
article.
78647.2. (a) The board shall administer a program under which a
county, or a joint powers authority in which a county is a
participant, may submit an application to the board for an eligible
project requesting financial or technical assistance for the purpose
of developing a voluntary, incentive-based watershed rehabilitation
project. The board shall consult with other federal and state
resource agencies, including, but not limited to, the Department of
Fish and Game and the Department of Forestry and Fire Protection, in
the administration of the program. The Resources Agency shall make a
written recommendation to the board regarding each application. The
board shall consider the recommendations of the Resources Agency and
include, when appropriate, the recommendation in the board's final
decision.
(b) Notwithstanding subdivision (a), if a county, or a joint
powers authority in which a county is a participant, after a request
to do so by a local public agency, declines to submit an application
for an eligible project for a watershed that is all or in part within
the boundaries of the county, a local public agency other than the
county or that joint powers agency may submit an application in
accordance with subdivision (a).
78647.4. (a) "Eligible project" means a watershed rehabilitation
project undertaken on lands owned or operated by the federal, state,
or a local government, or a private person or entity within the delta
tributary watershed.
(b) For the purposes of this article, "delta tributary watershed"
means a watershed which drains into the delta or the Trinity River.
78647.5. An eligible project shall include one or more of the
following purposes:
(a) A reduction in the presence of contaminants in drinking water
by addressing the origins of the contaminants, including, to the
maximum extent practicable, the specific activities that affect the
drinking water supply of a community or communities. A project with a
purpose described in this subdivision shall address contaminants,
including those that are pathogenic organisms, for which a national
primary drinking water regulation has been established, and that are
detected in the community water system for which the application is
submitted at levels above the maximum contaminant level or that are
detected by adequate monitoring methods at levels that are not
reliably and consistently below the maximum contaminant level.
(b) An increase in the yield of water available from, and water
retention capabilities of, the watershed, including projects to
reduce dense forest understory, restore upland meadows, and repair
stream channels.
(c) The improvement, restoration, or enhancement of fisheries
habitat, including riparian habitat, in and along streams and
watercourses in the watershed. Projects may address factors which
increase sedimentation in streams and watercourses in the watershed.
(d) The improvement of overall forest health, including the
reduction of factors which may contribute to the severity of
wildfires in the watershed.
78647.6. (a) Every project funded under this article shall comply
with state and federal law, regulations, and policies, and shall not
degrade the quality of any waters of the state.
(b) An application submitted to the board under this article shall
include all of the following information:
(1) An identification of any deficiencies in information that may
impair the development or implementation of a project.
(2) A discussion of the efforts undertaken to implement the
project and to obtain the participation of both of the following:
(A) Public agencies with relevant responsibilities in the
watershed.
(B) Persons and entities in the watershed who may be affected by
recommendations of the project and whose participation is essential
to the success of the project.
(3) Evidence in the form of a statement from a private person or
entity that that person or entity consents to the inclusion of
private property in the project, as appropriate.
(4) A monitoring plan to determine whether project purposes are
satisfied.
(5) An outline of the way in which project participants will,
during the development and implementation of the project, identify
and take into account any activities being undertaken by persons or
entities in the watershed under federal or state law to rehabilitate
the watershed. A project shall include voluntary and incentive-based
strategies for the long-term rehabilitation of the watershed.
(6) An identification of the technical, financial, or other
assistance that the applicant will request to develop or implement
the project.
(7) When feasible, an identification of quantifiable, innovative,
and cost-effective methods for achieving project purposes.
78647.7. An application submitted to the board under Section
78647.6 shall also include the following information:
(a) A delineation of the watershed area or areas critical for
project purposes using available hydrogeologic or other pertinent
information. If no information is available, the project shall
conduct, to the extent practicable, vulnerability assessments in the
watershed area, including identification of risks to drinking water,
a project may use delineations and vulnerability assessments
undertaken to identify groundwater sources under a wellhead
protection program, surface or groundwater sources under a pesticide
management plan, or surface water sources under a state or local
watershed initiative, or undertaken in accordance with Subpart H
(commencing with Section 141.70) of Part 141 of Title 40 of the Code
of Federal Regulations.
(b) An identification, to the maximum extent practicable, of the
origins of drinking water contaminants that may be addressed by a
project, including, to the maximum extent practicable, a description
of the specific activities contributing to the presence of the
contaminants in the watershed.
78647.8. The board may approve a grant for an eligible project to
develop or implement a project, not to exceed one million dollars
($1,000,000) per project. A grant shall not exceed 50 percent of the
administrative costs incurred, or estimated to be incurred, by the
applicant in connection with carrying out the project.
78647.10. (a) After providing notice and an opportunity for public
comment with regard to an application submitted under Section
78647.6, the board shall approve or disapprove the application, in
whole or in part, not later than 120 days after the date of
submission of the application. The board shall prepare, and transmit
to the Resources Agency and the applicant, written findings with
regard to the recommendations of the Resources Agency.
(b) The board may approve an application if the application meets
the requirements established under this article. The notice of
approval shall include all of the following:
(1) The identification of technical, financial, or other
assistance that the board agrees to provide to assist in the
development or implementation of a project.
(2) Any necessary coordination that the board will perform.
(3) A description of any funds available for the purpose of
developing and implementing the project, including any funds in a
water pollution control revolving fund established in connection with
Subchapter VI (commencing with Section 1381) of the Clean Water Act.
(4) A description of other technical or financial assistance that
is available under state or federal law for the purpose of developing
or implementing the project.
(5) A description of activities that are undertaken, or will be
undertaken, to coordinate federal and state programs which are
relevant to the watershed that is the subject of the application.
(c) If the board disapproves an application submitted under
Section 78647.6, the board shall notify the entity submitting the
application in writing of the reasons for disapproval. An application
may be resubmitted under either of the following circumstances:
(1) New information becomes available.
(2) Conditions affecting the watershed that is the subject of the
application change.
78647.12. The board may adopt regulations to implement this
article. The regulations shall include all of the following:
(a) Criteria for the assessment of watershed areas.
(b) Procedures for the submission of applications.
(c) Procedures for the approval or disapproval of an application
submitted under Section 78647.6.
78647.14. Grant recipients shall submit a report on completion of
the project to the board indicating whether the purposes of the
project have been met. The board shall make the report available to
interested federal, state, and local agencies.
78647.16. Not more than 3 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this article.
78647. (a) (1) There is hereby created in the account the Delta
Tributary Watershed Subaccount.
(2) For the purposes of this article, "subaccount" means the Delta
Tributary Watershed Subaccount created by paragraph (1).
(3) The sum of fifteen million dollars ($15,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the subaccount is hereby continuously appropriated, without
regard to fiscal year, to the board for grants for eligible projects
in accordance with this article, and for the administration of this
article.
78647.2. (a) The board shall administer a program under which a
county, or a joint powers authority in which a county is a
participant, may submit an application to the board for an eligible
project requesting financial or technical assistance for the purpose
of developing a voluntary, incentive-based watershed rehabilitation
project. The board shall consult with other federal and state
resource agencies, including, but not limited to, the Department of
Fish and Game and the Department of Forestry and Fire Protection, in
the administration of the program. The Resources Agency shall make a
written recommendation to the board regarding each application. The
board shall consider the recommendations of the Resources Agency and
include, when appropriate, the recommendation in the board's final
decision.
(b) Notwithstanding subdivision (a), if a county, or a joint
powers authority in which a county is a participant, after a request
to do so by a local public agency, declines to submit an application
for an eligible project for a watershed that is all or in part within
the boundaries of the county, a local public agency other than the
county or that joint powers agency may submit an application in
accordance with subdivision (a).
78647.4. (a) "Eligible project" means a watershed rehabilitation
project undertaken on lands owned or operated by the federal, state,
or a local government, or a private person or entity within the delta
tributary watershed.
(b) For the purposes of this article, "delta tributary watershed"
means a watershed which drains into the delta or the Trinity River.
78647.5. An eligible project shall include one or more of the
following purposes:
(a) A reduction in the presence of contaminants in drinking water
by addressing the origins of the contaminants, including, to the
maximum extent practicable, the specific activities that affect the
drinking water supply of a community or communities. A project with a
purpose described in this subdivision shall address contaminants,
including those that are pathogenic organisms, for which a national
primary drinking water regulation has been established, and that are
detected in the community water system for which the application is
submitted at levels above the maximum contaminant level or that are
detected by adequate monitoring methods at levels that are not
reliably and consistently below the maximum contaminant level.
(b) An increase in the yield of water available from, and water
retention capabilities of, the watershed, including projects to
reduce dense forest understory, restore upland meadows, and repair
stream channels.
(c) The improvement, restoration, or enhancement of fisheries
habitat, including riparian habitat, in and along streams and
watercourses in the watershed. Projects may address factors which
increase sedimentation in streams and watercourses in the watershed.
(d) The improvement of overall forest health, including the
reduction of factors which may contribute to the severity of
wildfires in the watershed.
78647.6. (a) Every project funded under this article shall comply
with state and federal law, regulations, and policies, and shall not
degrade the quality of any waters of the state.
(b) An application submitted to the board under this article shall
include all of the following information:
(1) An identification of any deficiencies in information that may
impair the development or implementation of a project.
(2) A discussion of the efforts undertaken to implement the
project and to obtain the participation of both of the following:
(A) Public agencies with relevant responsibilities in the
watershed.
(B) Persons and entities in the watershed who may be affected by
recommendations of the project and whose participation is essential
to the success of the project.
(3) Evidence in the form of a statement from a private person or
entity that that person or entity consents to the inclusion of
private property in the project, as appropriate.
(4) A monitoring plan to determine whether project purposes are
satisfied.
(5) An outline of the way in which project participants will,
during the development and implementation of the project, identify
and take into account any activities being undertaken by persons or
entities in the watershed under federal or state law to rehabilitate
the watershed. A project shall include voluntary and incentive-based
strategies for the long-term rehabilitation of the watershed.
(6) An identification of the technical, financial, or other
assistance that the applicant will request to develop or implement
the project.
(7) When feasible, an identification of quantifiable, innovative,
and cost-effective methods for achieving project purposes.
78647.7. An application submitted to the board under Section
78647.6 shall also include the following information:
(a) A delineation of the watershed area or areas critical for
project purposes using available hydrogeologic or other pertinent
information. If no information is available, the project shall
conduct, to the extent practicable, vulnerability assessments in the
watershed area, including identification of risks to drinking water,
a project may use delineations and vulnerability assessments
undertaken to identify groundwater sources under a wellhead
protection program, surface or groundwater sources under a pesticide
management plan, or surface water sources under a state or local
watershed initiative, or undertaken in accordance with Subpart H
(commencing with Section 141.70) of Part 141 of Title 40 of the Code
of Federal Regulations.
(b) An identification, to the maximum extent practicable, of the
origins of drinking water contaminants that may be addressed by a
project, including, to the maximum extent practicable, a description
of the specific activities contributing to the presence of the
contaminants in the watershed.
78647.8. The board may approve a grant for an eligible project to
develop or implement a project, not to exceed one million dollars
($1,000,000) per project. A grant shall not exceed 50 percent of the
administrative costs incurred, or estimated to be incurred, by the
applicant in connection with carrying out the project.
78647.10. (a) After providing notice and an opportunity for public
comment with regard to an application submitted under Section
78647.6, the board shall approve or disapprove the application, in
whole or in part, not later than 120 days after the date of
submission of the application. The board shall prepare, and transmit
to the Resources Agency and the applicant, written findings with
regard to the recommendations of the Resources Agency.
(b) The board may approve an application if the application meets
the requirements established under this article. The notice of
approval shall include all of the following:
(1) The identification of technical, financial, or other
assistance that the board agrees to provide to assist in the
development or implementation of a project.
(2) Any necessary coordination that the board will perform.
(3) A description of any funds available for the purpose of
developing and implementing the project, including any funds in a
water pollution control revolving fund established in connection with
Subchapter VI (commencing with Section 1381) of the Clean Water Act.
(4) A description of other technical or financial assistance that
is available under state or federal law for the purpose of developing
or implementing the project.
(5) A description of activities that are undertaken, or will be
undertaken, to coordinate federal and state programs which are
relevant to the watershed that is the subject of the application.
(c) If the board disapproves an application submitted under
Section 78647.6, the board shall notify the entity submitting the
application in writing of the reasons for disapproval. An application
may be resubmitted under either of the following circumstances:
(1) New information becomes available.
(2) Conditions affecting the watershed that is the subject of the
application change.
78647.12. The board may adopt regulations to implement this
article. The regulations shall include all of the following:
(a) Criteria for the assessment of watershed areas.
(b) Procedures for the submission of applications.
(c) Procedures for the approval or disapproval of an application
submitted under Section 78647.6.
78647.14. Grant recipients shall submit a report on completion of
the project to the board indicating whether the purposes of the
project have been met. The board shall make the report available to
interested federal, state, and local agencies.
78647.16. Not more than 3 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this article.
