HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04092018 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
April 9, 2018
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Karen Mitchoff, Chair
Supervisor Diane Burgis, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. APPROVE the Record of Action for the February 12, 2018 meeting of the
Legislation Committee with any necessary corrections.
4. CONSIDER recommending a position of "Support" to the Board of Supervisors
for AB 2043 (Arambula), a bill that requires county child welfare, probation, and
behavioral health agencies to establish a county-based Family Urgent Response
System, as recommended by the Director of the Employment and Human Services
Department.
5. CONSIDER recommending to the Board of Supervisors a position of "Support" on
AB 2083 (Cooley): Foster Youth: Trauma-Informed System of Care, a bill that
adopts Continuum of Care Reform to improve California' s child welfare system
and its outcomes, including an increase in home-based family care, as
recommended by the Director of Employment and Human Services.
6. CONSIDER recommending to the Board of Supervisors a position of "Support" on
State Water Supply Infrastructure, Water Conveyance, Ecosystem and Watershed
Protection and Restoration, and Drinking Water Protection Act of 2018.
7. CONSIDER recommending to the Board of Supervisors a position of "Support" on
SB 1392 (Mitchell and Lara), a bill that would repeal California's one-year
sentencing enhancement for each prior prison or felony jail term and SB 1393
(Mitchell and Lara), a bill that wold strike or dismiss a prior serious felony
conviction which otherwise adds an enhancement of 5 years for each prior
conviction of a serious felony.
8.The next meeting is currently scheduled for May 14, 2018 at 10:30 a.m.
Page 1 of 108
9.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 2 of 108
LEGISLATION COMMITTEE 3.
Meeting Date:04/09/2018
Subject:Record of Action for Legislation Committee
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2018-01
Referral Name: Record of Action
Presenter: L. DeLaney Contact:
Referral History:
County Ordinance (Better Government Ordinance 95-6, Article 25-205, [d]) requires that each
County Body keep a record of its meetings. Though the record need not be verbatim, it must
accurately reflect the agenda and the decisions made in the meeting.
Any handouts or printed copies of material or testimony distributed at the meeting will be
attached to the meeting record.
Referral Update:
Attached for the Committee's consideration is the Draft Record of Action for its February 12,
2018 meeting.
Recommendation(s)/Next Step(s):
APPROVE the Record of Action with any necessary corrections.
Attachments
Draft Record of Action
Page 3 of 108
D R A F T
LEGISLATION COMMITTEE
February 12, 2018
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Karen Mitchoff, Chair
Supervisor Diane Burgis, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Karen Mitchoff, Chair
Diane Burgis, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator
Patricia Frost, EMS Director, CCC
Anne Struthers, Division Manager, Homeless and Housing Policy and Planning Bureau,
EHSD
Mark Goodwin, Chief of Staff, District III
Lia Bristol, Deputy Chief of Staff, District IV
Ryan Hernandez, Contra Costa Water Agency
Jody London, Sustainability Coordinator, DCD
Attendees: Nick Draper
Cathy Christian (via phone)
Ben Palmer (via phone)
1.Introductions
All in attendance introduced themselves. Cathy Christian and Ben Palmer of Nielsen
Merksamer joined via conference call.
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
No public comment was received.
AYE: Chair Karen Mitchoff, Vice Chair Diane Burgis
Passed
3.APPROVE the Record of Action, with any necessary corrections.
Page 4 of 108
The Committee voted unanimously to approve as presented.
AYE: Chair Karen Mitchoff, Vice Chair Diane Burgis
Passed
4.RECOMMEND support to the Board of Supervisors.
The Committee voted unanimously to recommend support for AB 1795 to the Board of
Supervisors and recommended it be placed on the Consent calendar.
AYE: Chair Karen Mitchoff, Vice Chair Diane Burgis
Passed
5.Staff is seeking direction from the Legislation Committee on the following aspects of
the procurement process:
1. The conduct of a survey of urban counties' lobbying contracts
2. The conduct of a survey of Board of Supervisors' members and their staffs, the CAO,
Department Heads and other key staff of their primary advocacy interests, issues of
particular concern, and satisfaction with services/request for additional services
3. Timeline for Procurement Process
4. Length of contract period
5. Amount of contract
6. Review Panel membership
7. Request for Proposals/Qualifications (RFP/Q) development
The Committee provided direction to staff, indicating the procurement process should
be concluded by October 2018 for a three-year contract with 3 one-year renewal
options.
AYE: Chair Karen Mitchoff, Vice Chair Diane Burgis
Passed
6.Provide direction to staff on the nature and time of desired meetings with the County's
legislative delegation and/or the administration for purposes of planning for advocacy
trip(s) to Washington D.C. for 2018.
The Committee provided direction to staff on the nature and timing of advocacy
meetings in Washington, D.C..
7.ACCEPT the report and provide direction to staff, as needed.
The Committee accepted the report on State Budget and Legislation of Interest with no
direction to staff.
AYE: Chair Karen Mitchoff, Vice Chair Diane Burgis
Passed
8.The next meeting is currently scheduled for March 12, 2018 at 10:30 a.m. The schedule
Page 5 of 108
8.The next meeting is currently scheduled for March 12, 2018 at 10:30 a.m. The schedule
for the Legislation Committee has been established as the second month of each
month at 10:30 a.m., in Room 101 of 651 Pine Street, Martinez.
The Chair noted a schedule conflict with the March meeting and requested its
cancellation.
9.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation
Committee meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a
majority of members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at
651 Pine Street, 10th floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting
time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 6 of 108
LEGISLATION COMMITTEE 4.
Meeting Date:04/09/2018
Subject:AB 2043 (Arambula): Foster Youth: Family Urgent Response
System--SUPPORT
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2018-07
Referral Name: AB 2043
Presenter: Maura Connell, EHSD Contact: L. DeLaney, 925-335-1097
Referral History:
According to Employment and Human Services Department staff, AB 2043 is a significant bill
emanating from Bay Area counties. San Francisco is championing the model as a potential
regional approach since so many youth cross county lines for placement and services. According
to the Director, the California Department of Social Services is also supportive of the model.
The actions taken by counties under the bill would be a change to the current approach. Counties
may have some components already in place. For example, here in Contra Costa, we have a
Mobile Response Team in effect.
Referral Update:
AB 2043
Author:Joaquin Arambula (D-031)
Title:Foster Youth: Family Urgent Response System
Fiscal
Committee:
no
Urgency
Clause:
no
Introduced:02/06/2018
Last
Amend:
03/19/2018
Disposition:Pending
Committee:Assembly Human Services Committee
Hearing:04/10/2018 1:30 pm, State Capitol, Room 437
Page 7 of 108
This bill is categorized as S1 by CWDA, indicating that it is a sponsor. Co-sponsors are the
County Behavioral Health Directors Association of California (CBHDA) and Children Now. The
bill is supported by CSAC.
Attachment A: Bill text, as amended 3/19/18
Attachment B: Bill Fact Sheet
Attachment C: CSAC Letter of support for AB 2043 (Arambula)
Recommendation(s)/Next Step(s):
Fiscal Impact (if any):
The issue of funding is addressed in the bill text, at the bottom of page 8, in SEC. 3. The idea is
that Realignment funds – which would already be used for Continuum of Care Reform (CCR)–
would be applied to the revised approach within the overall CCR effort:
SEC. 3. To the extent that this act has an overall effect of
24 increasing the costs already borne by a local agency for programs
25 or levels of service mandated by the 2011 Realignment Legislation
26 within the meaning of Section 36 of Article XIII of the California
27 Constitution, it shall apply to local agencies only to the extent that
28 the state provides annual funding for the cost increase. Any new
29 program or higher level of service provided by a local agency
30 pursuant to this act above the level for which funding has been
31 provided shall not require a subvention of funds by the state or
32 otherwise be subject to Section 6 of Article XIIIB of the California
33 Constitution.
Attachments
Attachment A: Bill Text
Attachment B: Fact Sheet
Attachment C: CSAC Support Letter
Page 8 of 108
AMENDED IN ASSEMBLY MARCH 19, 2018
california legislature—2017–18 regular session
ASSEMBLY BILL No. 2043
Introduced by Assembly Member Arambula
February 6, 2018
An act to add Chapter 5.4 (commencing with Section 16526) to Part
4 of Division 9 of the Welfare and Institutions Code, relating to foster
youth.
legislative counsel’s digest
AB 2043, as amended, Arambula. Foster youth: family urgent
response system.
Existing law, commonly known as Continuum of Care Reform (CCR),
states the intent of the Legislature in adopting CCR to improve
California’s child welfare system and its outcomes by using
comprehensive initial child assessments, increasing the use of
home-based family care and the provision of services and supports to
home-based family care, reducing the use of congregate care placement
settings, and creating faster paths to permanency resulting in shorter
durations of involvement in the child welfare and juvenile justice
systems. Existing law, as part of CCR, requires the State Department
of Social Services to implement a resource family approval process,
which replaces the multiple processes for licensing foster family homes,
certifying foster homes by foster family agencies, approving relatives
and nonrelative extended family members as foster care providers, and
approving guardians and adoptive families.
This bill would state the intent of the Legislature to enact legislation
that would build upon the current CCR implementation effort by
establishing a response system, as specified, for caregivers of current
98
Attachment A
Page 9 of 108
or former foster youth who are experiencing emotional, behavioral, or
other needs that require immediate support. The bill would state the
intent of the Legislature to include a statewide hotline in the response
system to provide triage and, as appropriate, deploy a mobile and
coordinated in-home response.
This bill would make legislative findings and declarations, stating
the intent of the Legislature in adopting this bill to build upon the
current CCR implementation effort. The bill would require the
department to establish a statewide hotline, operational no later than
January 1, 2020, as the entry point for a state-based Family Urgent
Response System, as defined, to respond to calls from caregivers or
current or former foster youth when a crisis arises, as specified. The
bill would require the hotline to include, among other things, referrals
to the county, as specified, for further support and in-person response.
The bill would require the department to ensure that data are collected
regarding individuals served through the hotline and to publish a report
on the department’s Internet Web site on January 1, 2021, and annually
thereafter, including specified information.
This bill would require, no later than January 1, 2020, county child
welfare, probation, and behavioral health agencies, in each county, to
establish a county-based Family Urgent Response System that includes
a mobile response and stabilization team to provide stabilization
services for caregivers or current or former foster youth who are
experiencing a crisis. The bill would require those agencies to submit
a single, coordinated plan to the department, no later than November
1, 2019, describing how the system would meet specified requirements.
The bill would authorize those agencies to implement these provisions
on a per-county basis or by collaborating with other counties to
establish regional, cross-county Family Urgent Response Systems. By
creating new duties for county officials relating to foster care services,
this bill would impose a state-mandated local program.
This bill would require the department, in collaboration with the State
Department of Health Care Services, no later than March 1, 2019, to
issue all necessary guidance for county-based Family Urgent Response
Systems established pursuant to this bill.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
98
— 2 —AB 2043
Attachment A
Page 10 of 108
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature hereby finds and declares all of
line 2 the following:
line 3 (a) Existing law establishes the Continuum of Care Reform
line 4 (CCR) effort and states the intent of the Legislature to improve
line 5 California’s child welfare system and its outcomes by using
line 6 comprehensive initial child assessments, increasing the use of
line 7 home-based family care and the provision of services and supports
line 8 to home-based family care, reducing the use of congregate care
line 9 placement settings, and creating faster paths to permanency
line 10 resulting in shorter durations of involvement in the child welfare
line 11 and juvenile justice systems.
line 12 (b) Existing law states the intent of the Legislature that CCR
line 13 include the timely provision of an array of appropriate services
line 14 that are coordinated, comprehensive, and community-based, and
line 15 that children in need of services are identified and assessed
line 16 promptly and provided services regardless of placement setting,
line 17 and that child welfare and mental health agencies work together
line 18 in the provision of coordinated services to these children and
line 19 youth.
line 20 (c) Existing law states the intent of the Legislature to reduce
line 21 the frequency of law enforcement involvement and delinquency
line 22 petitions arising from incidents at group homes and other facilities
line 23 licensed to provide residential care to dependent children.
line 24 (d) It is the intent of the Legislature in adopting this act to build
line 25 upon the current CCR implementation effort to provide current
line 26 and former foster youth and their caregivers with immediate and
line 27 timely services at the moment of crisis. The Legislature expects
line 28 that those services, provided by a trained and trauma-informed
line 29 team of practitioners, will prevent placement disruption and
line 30 separation of the child from his or her caregiver, will reduce
line 31 contacts with law enforcement and potential entry into the criminal
line 32 justice system, and will prevent hospitalization and higher-level
line 33 placement into congregate care.
98
AB 2043— 3 — Attachment A
Page 11 of 108
line 1 (e) Establishing a 24-hour-a-day, seven-day-a-week response
line 2 system at the state and local levels for caregivers and current or
line 3 former foster youth who are experiencing emotional, behavioral,
line 4 or other needs that require immediate support will lead to improved
line 5 child and family outcomes, will improve retention of current foster
line 6 caregivers, will help to maintain children and youth in their current
line 7 living situation, will improve youth’s emotional disposition, will
line 8 connect youth and caregivers to existing services in their
line 9 communities, and will provide youth and caregivers with the tools
line 10 that they need to heal from trauma and to thrive.
line 11 SEC. 2. Chapter 5.4 (commencing with Section 16526) is added
line 12 to Part 4 of Division 9 of the Welfare and Institutions Code, to
line 13 read:
line 14
line 15 Chapter 5.4. Family Urgent Response System for
line 16 Caregivers and Youth
line 17
line 18 16526. For purposes of this chapter, the following definitions
line 19 apply:
line 20 (a) “Caregiver” means an individual responsible for meeting
line 21 the daily care and supervision needs of a current or former foster
line 22 youth.
line 23 (b) “Crisis” means an event involving the caregiver and current
line 24 or former foster youth that causes emotional, physical, or
line 25 behavioral distress and that, without immediate supports, creates
line 26 a risk of disruption to the current living situation.
line 27 (c) “Current or former foster youth” includes a youth
line 28 adjudicated under Section 300, 601, or 602 and who is served by
line 29 a county child welfare agency or probation department, and a
line 30 youth who has exited foster care to reunification, guardianship,
line 31 or adoption. A current or former foster youth shall be eligible for
line 32 services under this chapter until he or she attains 21 years of age.
line 33 (d) “Department” means the State Department of Social
line 34 Services.
line 35 (e) “Family Urgent Response System” means a collaborative,
line 36 timely, in-home, in-person mobile crisis response for purposes of
line 37 stabilizing the living situation, mitigating the distress of the
line 38 caregiver or youth, and providing the caregiver and youth with
line 39 linkages to the existing array of local services.
98
— 4 —AB 2043
Attachment A
Page 12 of 108
line 1 (f) “In-home” means where the youth and caregiver are located,
line 2 preferably in the home, or at some other mutually agreeable
line 3 location.
line 4 16527. (a) The department shall establish a statewide hotline
line 5 as the entry point for a state-based Family Urgent Response
line 6 System, which shall be available 24 hours a day, seven days a
line 7 week, to respond to calls from caregivers or current or former
line 8 foster youth when a crisis arises. All of the following shall be
line 9 available through this hotline:
line 10 (1) State hotline workers who are trained for deescalation and
line 11 conflict resolution telephone response specifically for children
line 12 impacted by trauma.
line 13 (2) Referrals to a county-based Family Urgent Response System,
line 14 established pursuant to Section 16529, for further support and
line 15 in-person response. Referrals shall occur by one of the following
line 16 means:
line 17 (A) A warm hand-off whereby the state hotline worker
line 18 establishes direct and live connection through a three-way call
line 19 that includes the caregiver or youth and the county contact.
line 20 (B) If a direct communication cannot be established pursuant
line 21 to subparagraph (A), a referral directly to the community- or
line 22 county-based service and a followup call to ensure a connection
line 23 to the caregiver or youth occurs.
line 24 (3) The state hotline worker shall contact the caregiver or youth
line 25 within 24 hours after the referral required under subparagraph
line 26 (A) or (B) of paragraph (2) to offer additional support if needed.
line 27 (b) The statewide hotline shall maintain contact information
line 28 for county-based Family Urgent Response Systems, based on
line 29 information provided by counties, for referrals to local services,
line 30 including, but not limited to, county-based mobile response and
line 31 stabilization teams.
line 32 (c) The department shall ensure that data are collected
line 33 regarding individuals served through the statewide hotline and
line 34 shall publish a report on the department’s Internet Web site on
line 35 January 1, 2021, and annually thereafter, in consultation with
line 36 stakeholders, including, but not limited to, the County Welfare
line 37 Directors Association of California and the County Behavioral
line 38 Health Directors Association of California, to include all of the
line 39 following information:
98
AB 2043— 5 — Attachment A
Page 13 of 108
line 1 (1) The number of caregivers served through the hotline,
line 2 separated by placement type and status as a current or former
line 3 foster caregiver.
line 4 (2) The number of current and former foster youth served
line 5 through the hotline, separated by county agency type, current or
line 6 former foster care status, age, gender, race, and whether the call
line 7 was made by the caregiver or the youth.
line 8 (3) The disposition of each call, including, but not limited to,
line 9 whether mobile response and stabilization services were deployed
line 10 or a referral was made to other services.
line 11 (4) Deidentified, aggregated outcome data, including, but not
line 12 limited to, placement stability, return into foster care, movement
line 13 from child welfare to juvenile justice, and timeliness to
line 14 permanency.
line 15 (d) The department may meet the requirements of this section
line 16 through contract with an entity with demonstrated experience in
line 17 working with populations of children who have suffered trauma
line 18 and with capacity to provide 24-hour-a-day, seven-day-a-week
line 19 response.
line 20 (e) The department, in consultation with stakeholders, shall do
line 21 all of the following:
line 22 (1) Develop methods and materials for informing the caregivers
line 23 and current or former foster youth about the statewide hotline.
line 24 (2) Establish protocols for triage and response.
line 25 (3) Establish minimum education and training requirements for
line 26 state hotline workers.
line 27 (f) The statewide hotline shall be operational no later than
line 28 January 1, 2020.
line 29 16528. No later than March 1, 2019, the department, in
line 30 collaboration with the State Department of Health Care Services,
line 31 and in consultation with the County Behavioral Health Directors
line 32 Association of California and the County Welfare Directors
line 33 Association, shall issue all necessary guidance for county-based
line 34 Family Urgent Response Systems for purposes of this chapter,
line 35 including, but not limited to, data tracking and claiming of federal
line 36 funding.
line 37 16529. (a) County child welfare, probation, and behavioral
line 38 health agencies, in each county, shall establish a county-based
line 39 Family Urgent Response System that includes a mobile response
line 40 and stabilization team for the purpose of providing stabilization
98
— 6 —AB 2043
Attachment A
Page 14 of 108
line 1 services for caregivers or current or former foster youth who are
line 2 experiencing a crisis.
line 3 (b) In each county, the county child welfare, probation, and
line 4 behavioral health agencies shall submit a single, coordinated plan
line 5 to the department no later than November 1, 2019, that describes
line 6 how the county-based Family Urgent Response System shall meet
line 7 the requirements described in subdivision (c). The plan shall also
line 8 describe all of the following:
line 9 (1) How the county will track and monitor calls.
line 10 (2) Data collection efforts, consistent with guidance provided
line 11 by the department.
line 12 (3) Transitions from mobile response and stabilization services
line 13 to ongoing services.
line 14 (4) Coordination with the child and family team.
line 15 (5) Process and criteria for determining response.
line 16 (6) Composition of the responders.
line 17 (7) Both existing and new services that will be used to support
line 18 the mobile response and stabilization services.
line 19 (c) A county-based Family Urgent Response System shall include
line 20 all of the following:
line 21 (1) Phone response at the county level that facilitates entry of
line 22 the caregivers and current or former foster youth to crisis response
line 23 services.
line 24 (2) A process for determining when a mobile response and
line 25 stabilization team will be deployed, or when other services will
line 26 be used, based on the urgent and critical needs of the caregiver
line 27 or youth.
line 28 (3) A mobile response and stabilization team available 24 hours
line 29 a day, seven days a week.
line 30 (4) Ability to provide immediate, in-person, face-to-face
line 31 response preferably within one hour, but not to exceed three hours
line 32 in extenuating circumstances for urgent needs, or same-day
line 33 response within 24 hours for nonurgent situations.
line 34 (5) Utilization of responders with specialized training in trauma
line 35 of children and the foster care system.
line 36 (6) Provision of in-home or in-community crisis deescalation,
line 37 stabilization, and support, including all of the following:
line 38 (A) Establishing in-person, face-to-face contact with the youth
line 39 and caregiver.
98
AB 2043— 7 — Attachment A
Page 15 of 108
line 1 (B) Identifying the underlying causes of, and precursors to, the
line 2 behavior.
line 3 (C) Identifying the caregiver interventions attempted.
line 4 (D) Observing the child and caregiver interaction.
line 5 (E) Diffusing the immediate situation.
line 6 (F) Coaching and advising the caregiver to maintain the child
line 7 in the current living situation.
line 8 (G) Establishing connections to other county- or
line 9 community-based supports and services to ensure continuity of
line 10 care.
line 11 (H) Following up after the initial face-to-face response, for up
line 12 to 72 hours, to determine if additional supports or services are
line 13 needed.
line 14 (I) Identifying any additional support or ongoing stabilization
line 15 needs for the family and making a plan for, or referral to,
line 16 appropriate community services within the county.
line 17 (d) (1) Each county shall establish a Family Urgent Response
line 18 System no later than January 1, 2020.
line 19 (2) The county agencies described in subdivisions (a) and (b)
line 20 may implement this section on a per-county basis or by
line 21 collaborating with other counties to establish regional,
line 22 cross-county Family Urgent Response Systems.
line 23 SEC. 3. To the extent that this act has an overall effect of
line 24 increasing the costs already borne by a local agency for programs
line 25 or levels of service mandated by the 2011 Realignment Legislation
line 26 within the meaning of Section 36 of Article XIII of the California
line 27 Constitution, it shall apply to local agencies only to the extent that
line 28 the state provides annual funding for the cost increase. Any new
line 29 program or higher level of service provided by a local agency
line 30 pursuant to this act above the level for which funding has been
line 31 provided shall not require a subvention of funds by the state or
line 32 otherwise be subject to Section 6 of Article XIII B of the California
line 33 Constitution.
line 34 SECTION 1. It is the intent of the Legislature to enact
line 35 legislation that would build upon the current Continuum of Care
line 36 Reform implementation effort through the following actions:
line 37 (a) Establish a 24-hour, seven-day-a-week response system at
line 38 the state and local levels for caregivers of current or former foster
line 39 youth who are experiencing emotional, behavioral, or other needs
line 40 that require immediate support.
98
— 8 —AB 2043
Attachment A
Page 16 of 108
line 1 (b) Include a statewide hotline in the response system to provide
line 2 triage and, as appropriate, deploy a mobile and coordinated
line 3 in-home response that includes face-to-face intervention and
line 4 support to the youth and caregiver.
line 5 (c) Ensure the response system increases coordination between
line 6 state and local child welfare and behavioral health systems to
line 7 stabilize a foster care placement, prevent placement disruptions
line 8 that often lead to worse outcomes, reduce law enforcement contacts
line 9 with foster youth, and connect the foster youth and caregiver to
line 10 existing services in their communities.
O
98
AB 2043— 9 — Attachment A
Page 17 of 108
January 2018
Problem: Foster Youth and Caregivers Need Real-Time Support
Under Continuum of Care Reform (CCR), California is reforming our foster care system to ensure
that abused and neglected children receive the timely trauma-informed services they need to heal
and thrive within a family and not an institution. Unfortunately, as caregivers and children who
have experienced trauma seek to develop a family relationship, they are often left alone to
navigate misunderstandings and frustrations without the immediate guidance they need to create
a nurturing environment. Caregivers and the children in their homes need real-time assistance
during moments of crisis and uncertainty. Without supports and services available on demand,
caregivers can feel helpless and unable to manage critical situations, leading them to give up.
These preventable disruptions of care can leave a foster child feeling e ven more abandoned and
traumatized. Without support, caregivers sometimes believe their only option is calling the police
to help them manage trauma-induced behaviors. When law enforcement is brought into a non-
life-threatening situation with a foster child, the caregivers and the already traumatized children
are likely to see the crisis escalate rather than stabilize—leading to the inappropriate
criminalization of the foster child that will have lifelong impacts.
Proposed Solution: Family Urgent Response System for Foster Youth and Caregivers
The California Family Urgent Response System would:
1) Establish a statewide toll-free hotline available 24 hours a day and 7 days a week to
caregivers and children and youth in the foster care system who are experiencing
emotional, behavioral or other difficulties and need immediate help. The statewide hotline
would be staffed with operators trained in conflict resolution and de-escalation who will
provide immediate assistance over the phone to help defuse the conflict or crisis, and will
triage the situation to determine whether mobile, in-home support is needed.
2) Require counties’ child welfare and behavioral health agencies to establish mobile
response teams to provide face-to-face, in-home response on a 24/7 basis to help defuse
and stabilize a situation, assess the caregiver’s and child’s needs, and develop a plan of
action. Counties would be expected to provide the family with needed ongoing services
through the existing local network of care service systems.
Achieving Desired Outcomes: Increase Stability and Decrease Re-Traumatization
Urgent Response will provide children and families with the support they need to be successful
and increase placement stability for children and youth in foster care. Access to immediate
intervention services, through telephone support and in-person mobile response, will help
children and their caregivers develop strong and healthy relationships, even in challenging
situations. This approach will also decrease avoidable calls to law enforcement and ensure fewer
contacts between system-involved youth and the criminal justice system . The Family Urgent
Response System for Foster Youth and Caregivers will help to ensure foster families receive the
immediate support they need and allow foster children to heal and thrive in homes and not
institutions.
Attachment B
Page 18 of 108
April 3, 2018
The Honorable Blanca Rubio
Chair, Assembly Human Services Committee
State Capitol, Room 5175
Sacramento, CA 95814
Re: AB 2043 (Arambula) – Foster youth: response system
As Amended on March 19, 2018 – SUPPORT
Set for Hearing on April 10, 2018 – Assembly Human Services Committee
Dear Assembly Member Rubio:
The California State Association of Counties (CSAC) is pleased to have a SUPPORT
position on AB 2043 by Assembly Member Joaquin Arambula. This bill would establish a
Family Urgent Response System to provide immediate response to current or former foster
youth and their caregivers in times of emotional crisis that will help keep families intact.
Counties are working diligently to implement the multi-pronged systematic changes that are
incorporated within the Continuum of Care Reform (CCR). CSAC remains committed to
implementation of CCR and identifying opportunities for further enhancements that will help
achieve the improved outcomes envisioned by CCR. A key goal of CCR is to reduce the use
of congregate care and serve foster youth with needed services in home-based settings,
cared for by committed resource families. Unfortunately, one element missing from CCR
implementation efforts is an immediate response system to stabilize youth in their homes
and communities during times of emotional or behavioral stress. Without this support, youth
and their caregivers can feel quickly overwhelmed. This can result in the breakdown of that
family unit, leading to a placement disruption which further traumatizes the youth, or calls to
law enforcement which send the youth down the undesired path of the juvenile justice
system.
AB 2043 will help to fill this gap by providing immediate access to de-escalation and
behavioral support interventions on the phone and in the home at the moment when the
need arises. AB 2043 accomplishes this by establishing a statewide, toll-free number for
foster youth and their caregivers to access real-time assistance and make a direct
connection to local response systems. These local response systems would provide an in-
person response to assess and stabilize the situation and link the youth and caregiver to the
existing array of county- and community-based services. Both the state-level and local
response teams would include responders trained in trauma-informed care and with
expertise in diffusing a crisis and linking families to ongoing supports and services.
AB 2043 would help prevent the unnecessary separation of the youth from their caregiver
and will ensure access to needed services in a time of crisis. This bill will help achieve the
improved outcomes sought through CCR. It is for these reasons that CSAC supports AB
2043 and respectfully requests your “Aye” vote. Should you or your staff have additional
questions about our position, please do not hesitate to contact me at (916) 650-8117 or
jgarrett@counties.org. Thank you.
Attachment C
Page 19 of 108
Sincerely,
Justin Garrett
Legislative Representative
cc: The Honorable Joaquin Arambula, Member, California State Assembly
Honorable Members, Assembly Human Services Committee
Marla Cowan, Office of Assembly Member Joaquin Arambula
Daphne Hunt, Consultant, Assembly Human Services Committee
Cathy Senderling-McDonald, County Welfare Directors Association
Mary Adèr, County Behavioral Health Directors Association
Susannah Kniffen, Children Now
Attachment C
Page 20 of 108
LEGISLATION COMMITTEE 5.
Meeting Date:04/09/2018
Subject:AB 2083 (Cooley): Foster Youth: Trauma-Informed System of Care
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2018-06
Referral Name: AB 2083
Presenter: Maura Connell, EHSD Contact: L. DeLaney, 925-335-1097
Referral History:
The County Welfare Directors Association (CWDA) is sponsoring AB 2083 (Cooley), and the
Director of the Employment and Human Services Department of the County, Kathy Gallagher, is
recommending that the Legislation Committee consider recommending its support to the Board of
Supervisors.
Referral Update:
AB 2083
Author:Ken Cooley (D-008)
Title:Foster Youth: Trauma-Informed System of Care
Fiscal
Committee:
no
Urgency
Clause:
no
Introduced:02/07/2018
Last
Amend:
03/19/2018
Disposition:Pending
Committee:Assembly Human Services Committee
Hearing:04/10/2018 1:30 pm, State Capitol, Room 437
Summary:Adopts Continuum of Care Reform to improve California' s child welfare system
and its outcomes, including an increase in home-based family care. Ensures that a
resource family applicant completes training regarding the effects of trauma, child
abuse, and neglect, and methods to behaviorally support impacted children.
Establishes a joint interagency resolution team to develop guidance, provide
support, and increase the capacity and delivery of trauma-informed care.
Page 21 of 108
The amended bill is included in Attachment A.
A Fact Sheet from the author's office is Attachment B .
No bill analysis has been prepared as yet. CSAC has a "pending" position on the bill at the
present.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 2083
(Cooley): Foster Youth: Trauma-Informed System of Care, as recommended by the Director of
Employment and Human Services, and direct staff to place the item on the Board's consent
calendar for April 24, 2018.
Attachments
Attachment A: Bill Text
Attachment B: Fact Sheet
Page 22 of 108
AMENDED IN ASSEMBLY MARCH 19, 2018
california legislature—2017–18 regular session
ASSEMBLY BILL No. 2083
Introduced by Assembly Member Cooley
February 7, 2018
An act to add Section 16521.6 to the Welfare and Institutions Code,
relating to foster youth.
legislative counsel’s digest
AB 2083, as amended, Cooley. Foster youth: trauma-informed system
of care.
Existing law, commonly known as Continuum of Care Reform (CCR),
states the intent of the Legislature in adopting CCR to improve
California’s child welfare system and its outcomes by using
comprehensive initial child assessments, increasing the use of
home-based family care and the provision of services and supports to
home-based family care, reducing the use of congregate care placement
settings, and creating faster paths to permanency resulting in shorter
durations of involvement in the child welfare and juvenile justice
systems. specified measures, including an increase in the use of
home-based family care. Existing law, as part of CCR, provides for the
implementation of the resource family approval process, which replaces
the multiple processes for licensing foster family homes, certifying
foster homes by foster family agencies, approving relatives and
nonrelative extended family members as foster care providers, and
approving guardians and adoptive families.
As part of the resource family approval process, a county is
responsible for, among other things, ensuring that a resource family
applicant completes specified training that includes certain courses,
98
Attachment A
Page 23 of 108
including one regarding the effects of trauma and child abuse and
neglect on child development and behavior, and methods to behaviorally
support children impacted by that trauma or child abuse and neglect.
Existing law also establishes an intensive services foster care program,
developed by the State Department of Social Services, that provides
specialized programs to serve children with specific needs, and requires
training for that program to include, among other things, information
relating to working with children who have experienced trauma.
This bill would state the intent of the Legislature to enact legislation
that would in adopting the bill to build upon the current CCR
implementation effort by, among other things, developing a coordinated
coordinated, timely, and trauma-informed system-of-care approach to
better provide care for foster youth, requiring specified agencies to
develop and implement local memoranda of understanding to provide
care management coordination for child welfare-involved children,
youth, and families, and establishing a joint state interagency resolution
team to support counties, as specified. for foster children and youth
who have experienced severe trauma. The bill would require each
county to develop and implement a memorandum of understanding, as
specified, setting forth the roles and responsibilities of agencies and
other entities that serve children and youth in foster care who have
experienced severe trauma. By creating new duties for county officials
relating to foster care services, the bill would impose a state-mandated
local program.
This bill would require the Secretary of California Health and Human
Services and the Superintendent of Public Instruction, no later than
June 1, 2019, to establish a joint interagency resolution team, consisting
of representatives from specified state departments, whose primary
roles would be to develop guidance and provide support and technical
assistance to counties with regard to those children and youth and the
memoranda of understanding, as specified. The bill would also require
the team, no later than January 1, 2020, in consultation with specified
entities and persons, to review the placement and service options
available to county child welfare agencies and county probation
departments for those children and youth, to develop and submit
recommendations to the Legislature, as specified, and, no later than
June 1, 2020, to develop a multiyear plan for increasing the capacity
and delivery of trauma-informed care to foster children and youth
served by short-term residential therapeutic programs and other foster
care and behavioral health providers.
98
— 2 —AB 2083
Attachment A
Page 24 of 108
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature in adopting this
line 2 act to build upon the current Continuum of Care Reform
line 3 implementation effort by developing a coordinated, timely, and
line 4 trauma-informed system-of-care approach for foster children and
line 5 youth who have experienced severe trauma, implementing related
line 6 memoranda of understanding on the county level, and establishing
line 7 a joint interagency resolution team on the state level to assist
line 8 counties in serving those children and youth.
line 9 SEC. 2. Section 16521.6 is added to the Welfare and Institutions
line 10 Code, to read:
line 11 16521.6. To ensure that coordinated, timely, and
line 12 trauma-informed services are provided to children and youth in
line 13 foster care who have experienced severe trauma, all of the
line 14 following shall be met:
line 15 (a) (1) Each county shall develop and implement a
line 16 memorandum of understanding setting forth the roles and
line 17 responsibilities of agencies and other entities that serve children
line 18 and youth in foster care who have experienced severe trauma.
line 19 Participants in the development and implementation of the
line 20 memorandum of understanding shall include, but not be limited
line 21 to, all of the following:
line 22 (A) The county child welfare agency.
line 23 (B) The county probation department.
line 24 (C) The county behavioral health departments.
line 25 (D) The county office of education.
line 26 (E) The regional center or centers that serve children and youth
line 27 with developmental disabilities in the county.
line 28 (2) The memorandum of understanding shall include, at a
line 29 minimum, provisions addressing all of the following:
98
AB 2083— 3 — Attachment A
Page 25 of 108
line 1 (A) Establishment and operation of an interagency leadership
line 2 team.
line 3 (B) Establishment and operation of an interagency placement
line 4 committee.
line 5 (C) Commitment to implementation of an integrated core
line 6 practice model.
line 7 (D) Processes for screening, assessment, and entry to care.
line 8 (E) Processes for child and family teaming and universal service
line 9 planning.
line 10 (F) Alignment and coordination of transportation and other
line 11 foster youth services.
line 12 (G) Recruitment and management of resource families and
line 13 delivery of therapeutic foster care services.
line 14 (H) Information and data sharing agreements.
line 15 (I) Staff recruitment, training, and coaching.
line 16 (J) Financial resource management and cost sharing.
line 17 (K) Dispute resolution.
line 18 (b) (1) (A) No later than June 1, 2019, the Secretary of
line 19 California Health and Human Services and the Superintendent of
line 20 Public Instruction shall establish a joint interagency resolution
line 21 team consisting of representatives from the State Department of
line 22 Social Services, the State Department of Health Care Services,
line 23 the State Department of Developmental Services, and the State
line 24 Department of Education.
line 25 (B) (i) The primary roles of the joint interagency resolution
line 26 team shall be to develop guidance to counties, county offices of
line 27 education, and regional centers with regard to developing the
line 28 memoranda of understanding required by this section, to support
line 29 the implementation of those memoranda of understanding, and to
line 30 provide technical assistance to counties to identify and secure the
line 31 appropriate level of services to meet the needs of children and
line 32 youth in foster care who have experienced severe trauma.
line 33 (ii) The roles described in clause (i) shall include, but not be
line 34 limited to, development of a process for case-specific intervention
line 35 in circumstances in which a county needs state-level assistance to
line 36 meet the service or placement needs of a severely traumatized
line 37 child or youth in foster care. That assistance shall be prioritized
line 38 to maintain the children and youth in their communities of origin
line 39 and in home-based placements whenever possible.
98
— 4 —AB 2083
Attachment A
Page 26 of 108
line 1 (2) No later than January 1, 2020, the joint interagency
line 2 resolution team, in consultation with county agencies, service
line 3 providers, and advocates for children and resource families, shall
line 4 review the placement and service options available to county child
line 5 welfare agencies and county probation departments for children
line 6 and youth in foster care who have experienced severe trauma and
line 7 shall develop and submit recommendations to the Legislature
line 8 addressing any identified gaps in placement types or availability,
line 9 needed services to resource families, or other identified issues. A
line 10 report submitted to the Legislature pursuant to this paragraph
line 11 shall be submitted in compliance with Section 9795 of the
line 12 Government Code.
line 13 (3) No later than June 1, 2020, the joint interagency resolution
line 14 team, in consultation with county agencies, service providers,
line 15 behavioral health professionals, schools of social work, and
line 16 advocates for children and resource families, shall develop a
line 17 multiyear plan for increasing the capacity and delivery of
line 18 trauma-informed care to foster children and youth served by
line 19 short-term residential therapeutic programs and other foster care
line 20 and behavioral health providers.
line 21 SEC. 3. To the extent that this act has an overall effect of
line 22 increasing the costs already borne by a local agency for programs
line 23 or levels of service mandated by the 2011 Realignment Legislation
line 24 within the meaning of Section 36 of Article XIII of the California
line 25 Constitution, it shall apply to local agencies only to the extent that
line 26 the state provides annual funding for the cost increase. Any new
line 27 program or higher level of service provided by a local agency
line 28 pursuant to this act above the level for which funding has been
line 29 provided shall not require a subvention of funds by the state or
line 30 otherwise be subject to Section 6 of Article XIII B of the California
line 31 Constitution.
line 32 SECTION 1. It is the intent of the Legislature to enact
line 33 legislation that would build upon the current Continuum of Care
line 34 Reform implementation effort through the following actions:
line 35 (a) Develop a coordinated and trauma-informed system-of-care
line 36 approach at the state and local levels to better provide care for
line 37 foster youth served by multiple agencies, including, but not limited
line 38 to, behavioral health departments, probation departments, regional
line 39 centers, and offices of education.
98
AB 2083— 5 — Attachment A
Page 27 of 108
line 1 (b) Require county child welfare agencies, probation
line 2 departments, behavioral health departments, regional centers, and
line 3 offices of education to develop and implement local memoranda
line 4 of understanding to provide care management coordination for
line 5 child welfare-involved children, youth, and families who are served
line 6 by multiple agencies.
line 7 (c) Require the Secretary of California Health and Human
line 8 Services and the Superintendent of Public Instruction to convene
line 9 representatives from the State Department of Social Services, the
line 10 State Department of Health Care Services, the State Department
line 11 of Developmental Services, and the State Department of Education
line 12 to establish a joint interagency resolution team to provide guidance
line 13 and support the implementation of the local memoranda of
line 14 understanding described in subdivision (b), and to provide technical
line 15 assistance to counties to identify and secure the appropriate level
line 16 of services to meet the needs of foster children.
line 17 (d) Require the State Department of Social Services and the
line 18 State Department of Health Care Services to develop and submit
line 19 a joint plan to the Legislature, with input from stakeholders, to
line 20 improve the capacity and delivery of trauma-informed care to
line 21 foster youth served by short-term residential therapeutic programs
line 22 and other foster care providers.
O
98
— 6 —AB 2083
Attachment A
Page 28 of 108
AB 2083 (Cooley)
Building Trauma-Informed Services for Foster Youth
Office of Assemblyman Ken Cooley AB 2083
Bill Summary
AB 2083 requires county-level and state-level
Memorandums of Understanding between agencies
directly responsible for the most-traumatized
children in foster care in order to better provide
placement and services.
Problem
Children and youth in foster care who have
experienced severe trauma often have acute
service needs that cross over an array of county
departments. Absent a coordinated local system
of care with strong state support, child
protection social workers must navigate siloed
funding streams and multiple programs
including education, regional centers, and
behavioral health, in order to secure services
needed by youth and their caregivers. Further, it
can be difficult to find practitioners who are
trained to deliver trauma-informed services.
Delays or gaps in critically needed services can
result in poor outcomes for youth – untreated
trauma, disrupted placements, being moved
from family caregivers into institutional settings,
and potentially being moved farther from their
families and communities of origin due to a lack
of available placements. All of these issues make
it far more difficult for youth to heal from their
trauma and move forward.
Solution
1. Sets the expectation for coordinated services
at the local level for youth who require
services from multiple agencies through
formalized Memorandums of Understanding.
2. Requires the Secretary of Health and Human
Services and Superintendent of Public
Instruction to establish a joint inter-agency
resolution team at the State level with certain
responsibilities, including but not limited to,
providing technical assistance to county
agencies to establish local MOUs, and link
youth to needed services.
3. Requires the interagency team to review the
availability of appropriate placements (from
family homes to congregate care) that are
trained and/or supported to provide trauma-
informed care to foster youth and make
recommendations to the Legislature for
improvements in this area.
4. Requires the interagency team to consult
with stakeholders, including practitioners, to
develop a plan to increase the availability of
trauma-informed services to youth in care.
Background
While progress has been made to reduce the use
of congregate care settings, for some youth with
extensive, complex and persistent needs, finding
a home and services in their community of origin
continues to be a challenge for county agencies.
These youth can be refused entry into programs
by group home care providers and/or
experience forced and unplanned exits from
placements. These instances further traumatize
youth, compounding their acute needs.
CCR requires that services be individually
tailored to the needs of each child, as identified
through a Child and Family Team. CCR further
requires accountability and improved
performance by county agencies including
provide providers to meet CCR deliverables. The
success of CCR is therefore dependent upon all
child-serving agencies at the State and local
levels working together to jointly meet the needs
of children and families, and to intervene at the
earliest possible opportunity to prevent the need
for higher-cost interventions later.
Attachment B
Page 29 of 108
AB 2083 (Cooley)
Building Trauma-Informed Services for Foster Youth
Office of Assemblyman Ken Cooley AB 2083
Support
County Welfare Directors Association
(Sponsor)
For More Information
Amanda Kirchner
Legislative Director
916-319-2008
Amanda.Kirchner@asm.ca.gov
Attachment B
Page 30 of 108
LEGISLATION COMMITTEE 6.
Meeting Date:04/09/2018
Subject:The State Water Supply Infrastructure, Water Conveyance, Ecosystem and
Watershed Protection and Restoration, and Drinking Water Protection act of
2018
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2018-08
Referral Name: The State Water Supply Infrastructure, Water Conveyance, Ecosystem and
Watershed Protection and Restoration, and Drinking Water Protection act of
2018
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The Contra Costa County watershed-streams community is requesting that the Contra Costa
County Supervisors endorse the Nature Heritage Institute (NHI) Fall 2018 Water Bond: State
Water Supply Infrastructure, Water Conveyance, Ecosystem and Watershed Protection and
Restoration, and Drinking Water Protection Act of 2018.
Over 600,000 signatures were submitted to the Secretary of State on March 6, 2018 to qualify the
bond proposition to appear on the Fall 2018 ballot . An attachment compares the fall water bond
against the spring parks bond.
Supervisor Burgis referred this matter to the Legislation Committee for its consideration.
Referral Update:
The California Water Infrastructure and Watershed Conservation Bond Initiative (#17-0010) may
appear on the ballot in California as an initiated state statute on November 6, 2018.
The measure would issue $8.877 billion in general obligation bonds for water infrastructure,
groundwater supplies and storage, surface water storage and dam repairs, watershed and fisheries
improvements, and habitat protection and restoration.
On March 13, 2018, the Secretary of State announced that signatures had been filed for the ballot
initiative. As of March 22, 601,535 signatures had been filed. At least 365,880 of those
signatures—about 60.8 percent—need to be valid. Counties have until April 24, 2018, to conduct
a random sample of signatures.
The request for the Board of Supervisors' support for the State Water Supply Infrastructure, Water
Page 31 of 108
Conveyance, Ecosystem and Watershed Protection and Restoration, and Drinking Water
Protection act of 2018 was conveyed by letter to Supervisor Burgis, which is attached.
(Attachment A)
Also attached is a comparison provided by the California Urban Streams Partnership of the
anticipated Fall 2018 bond and Proposition 68, which is set for the June 2018 ballot. (Attachment
B.)
Attachment C is the Water Supply and Water Quality Act of 2018.
More information can be found at: https://waterbond.org/
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on State Water
Supply Infrastructure, Water Conveyance, Ecosystem and Watershed Protection and Restoration,
and Drinking Water Protection Act of 2018.
Attachments
Attachment A: Endorsement Request Letter
Attachment B: Bond Comparison
Attachment C: Water Supply and Water Quality Act of 2018
Page 32 of 108
California Urban Streams Partnership ▪ 2150 Allston Way, Suite 460 ▪ Berkeley, CA 94704
A project of Earth Island Institute ▪ (510) 292-5095 ▪ CUStreams@gmail.com
Supervisor Diane Burgis
3361 Walnut Blvd. Suite 140
Brentwood, Ca 94513 March 26, 2018
Dear Supervisor Burgis
I was referred to you by Supervisor John Gioia as a member of the supervisor”s
Legislative Committee. The Contra Costa County watershed -streams community is
requesting that the Contra Costa County Supervisors endorse the Nature Heritage
Institute ( NHI) Fall 2018 Water Bond: State Water Supply Infrastructure, Water
Conveyance, Ecosystem and Watershed Protection and Restoration, and Drinking
Water Protection Act of 2018.It is attached as a pdf file part of this letter.
The California Urban Streams Partnership is a network of over 150 watershed
organizations. We are well aware of the successful restoration projects of the Friends of
Marsh Creek and the extensive community and schools involvement in this project. The
Marsh Creek projects have been reliant upon the California Department of Water
Resources Urban Streams Restoration Program and the California Natural Resources
Agency River Parkways Program. The NHI water bond is a good complement to the
park bond proposition 68 which will be on the June ballot, but most importantly it is this
Fall NHI water bond which will refund these programs our community uses the most.
Over 600,000 signatures were submitted to the Secretary of State on March 6 to
qualify the bond proposition to appear on the Fall 2018 ballot . An attachment
compares the fall water bond against the spring parks bond. Northern California and the
Bay Area are only marginally benefitted by the Spring bond act and your endorsement
of the fall bond will be appreciated by our Contra Costa County Watershed councils,
organizations and public works departments.
Particularly important to East Bay agencies and organizations, the water bond
provides generous funding for urban rivers and streams statewide such as ours which
do not benefit from state created river or regional conservancies. This includes $ 50
million for DWR Urban Streams Restoration and $70 million for the Natural Resources
Agency River Parkways program . The park bond headed for the spring ballot provides
for only a total of $20 million for competitive grants statewide for these two programs.
This of course does not come close to addressing the level of statewide funding needs
for streams and watershed management, no less county funding needs.
Attachment A
Page 33 of 108
California Urban Streams Partnership ▪ 2150 Allston Way, Suite 460 ▪ Berkeley, CA 94704
A project of Earth Island Institute ▪ (510) 292-5095 ▪ CUStreams@gmail.com
The East Bay watersheds located in Richmond, San Pablo, El Cerrito, Hercules,
Pinole, Concord, Walnut Creek, Brentwood, Martinez and Orinda in which our groups
are involved that can benefit from this ballot proposition are:
Baxter Creek
Wildcat Creek and San Pablo Creeks( Cities of Richmond and San Pablo)
Rheem Creek
Hercules and Refugio Creeks
Marsh Creek
Pinole Creek
Walnut Creek
Graysons and Murders Creeks
Alhambra Creek
San Pablo Creek ( Orinda)
The funds can be used to plan and implement flood damage reduction projects that also
enhance the environment, as well as native fish habitat restoration, storm water
management, urban greening including street tree planting, land acquisition and trails.
The funding can sustain jobs in watershed restoration work, an important goal for our
local agencies and organizations.
The water bond revives the Department of Conservation Watershed Coordinator
Program, one of the highest priorities of the statewide as well as local watershed
community. This is a program which was dropped in the great recession of 2008 -9.
Before it was cut this program helped fund watershed coordinators who organized
needed projects throughout Contra Costa County.
The proposition contains important provisions which make it much easier for our
agencies and organizations to assist disadvantaged communities( DACs) such as North
Richmond, San Pablo, Pittsburg and Bay Point.
Funds may be provided to ngos and local public agencies assisting DACS for
grant writing and technical assistance.
Grant advance payments can be made to projects benefitting DACs if the grants
are $ 1 million or under.
Project serving DACS or" economically distressed areas” do not require cost
sharing.
Finally, the proposition contains an important reform for state grant programs. Grants
under this proposition cover sufficient funding needed for planning, monitoring and
permitting needed in order to successfully design, select and implement projects.
Attachment A
Page 34 of 108
California Urban Streams Partnership ▪ 2150 Allston Way, Suite 460 ▪ Berkeley, CA 94704
A project of Earth Island Institute ▪ (510) 292-5095 ▪ CUStreams@gmail.com
Please send your endorsement to our organization, The California Urban Streams
Partnership:
custreams@gmail.com or rileywaterways@gmail.com
Ann Riley
California Urban Streams Partnership
Attachment A
Page 35 of 108
Comparing the Fall Water Supply and Water Quality Bond Act Being Planned for
Fall 2018 Ballot
With the
Park and Water Bond ( SB5) on the June 2018 Ballot- Proposition 68
The California Urban Streams Partnership supports the upcoming proposition 68 which will appear on
this June’s ballot. But we are asking you to also endorse the water bond which will likely appear on the
Fall 2018 ballot. The June bond act was prepared by the state legislature and while it keeps the grant
programs the watershed and streams community uses the most barely alive, it contains a disappointing
level of funding for watersheds and streams and won’t come close to sustaining our Bay Area
watershed community’s needs. The proposition 68 contains over a $ 130 million dollars for the Los
Angeles River watershed alone . While we support our counterparts who are restoring the LA River the
bond act is grossly out of geographic balance in allocating funds. In contrast, the citizen written Water
Bond which many of us are working on actually serves our Bay Area watershed communities well .The
Natural Heritage Institute has submitted over 600,000 signatures to the Secretary of State to qualify for
the Fall ballot .
For adequate state grants for the Bay Area we seek your endorsement of the Fall
2018 Water Bond : The State Water Supply Infrastructure, Water Conveyance,
Ecosystem and Watershed Protection and Restoration, and Drinking Water
Protection act of 2018.
Comparing the two bond acts
Spring Water, Parks Bond Act: Proposition 68. Fall Water Supply and Quality Bond Act
Funds available to anyone statewide or SF Bay Area:
California Natural Resources Agency River Parkway Program $20 million vs $70 million
Ca Dept. of Water Resources Urban streams Restoration Program $10 million vs. $50 million
Coastal Conservancy San Francisco Bay Program $60 million vs. $100 million
San Francisco Bay Restoration Authority $20 million vs. $200 million
Attachment B
Page 36 of 108
Department of Conservation Watershed Coordinator Program $00 .00 vs. $10 million
State Water Resource Control Board for statewide stormwater management $00.00 vs. $400 million
Urban Forestry $15 million vs. $20 million
Attachment B
Page 37 of 108
1
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Division 38 (commencing with Section 86000) is added to the Water Code, to read:
DIVISION 38. State water supply infrastructure, water conveyance, ecosystem and watershed protection
and restoration, and drinking water protection act of 2018.
CHAPTER 1. Short Title.
86000. This division shall be known and may be cited as the Water Supply and Water Quality Act of 2018.
CHAPTER 2. Findings and Declarations.
86001. The people find and declare the following:
(a) In our frequently very dry state, our high-tech, agricultural and urbanized economy relies on an
uninterrupted and high-quality water supply. By making water use more efficient, reducing the demand
for water, providing new and diverse water supplies, improving the quality of our source watersheds, and
protecting key environmental uses of water, this measure will assure that the economic and
environmental engines of California are not derailed by a shortage of water.
(b) California’s recent historic drought raises serious questions about the long-term reliability of our
current water supplies. The drought underscores the need to use our existing water supplies more
efficiently, increase investments in our water infrastructure, and more effectively integrate our water
system from the headwaters to the end user.
(c) California’s water situation requires implementation of the Governor’s Water Action Plan to provide
for the water needs of people, agriculture and the environment. This division will help provide a more
reliable water supply by reducing waste, increasing the amount of water available to meet our needs, and
improving water quality. This division also provides additional protection for our communities from
floods.
(d) This division will implement cost effective methods of water development and conservation to meet
California’s present and future water needs in a changing climate, including capture of urban drainage
and stormwater runoff, groundwater and brackish water desalting, groundwater storage, water recycling,
water conservation, and watershed management, restoration, enhancement and protection.
(e) Many of the water supply and water quality investments provided by this division will be matched by
agencies and grant recipients, more than doubling the effectiveness of the funding provided.
(f) Agencies implementing this division will give high priority to cost-effective projects, and to the most
durable and most environmentally beneficial projects. Funding will go to projects that contribute to
implementation of the Governor’s Water Action Plan, the goal of which is to increase the resiliency of the
California water system and the ability of California communities to cope with drought conditions.
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(g) Every Californian has a right to safe, clean, affordable, and accessible drinking water. By complying
with Section 106.3, agencies providing funds for safe drinking water pursuant to this division will help
achieve the intent of that Section.
(h) This division provides a fair and reasonable distribution of funds directly and indirectly benefitting
every region of the state.
(i) This division provides short and long-term cost-effective actions to address the water shortages caused
by the recent drought, and will help prepare local communities for future droughts. Droughts reduce
water supplies for people, agriculture and the environment. This division will help meet the water needs
of people, agriculture, and the environment and make California more resilient in the face of a changing
climate.
(j) By improving the health and water productivity of watersheds, communities will become more self-
reliant with respect to water supply, and local environmental quality will be increased.
(k) By removing invasive plants such as yellow starthistle, giant reed (Arundo donax) and tamarisk, water
supply will be increased and habitat for fish and wildlife will be improved.
(l) Flooding can devastate communities and infrastructure. We can make better use of floodwaters by
capturing waters and putting them to use in our communities, on our farms, and by recharging
groundwater basins. By providing funds to intelligently manage our watersheds and floodplains, this
division will also help avoid flood damage, improve fish and wildlife habitat, remove pollutants from our
water supply, enhance groundwater, remediate aquifers and improve the environment. Better floodplain
management may allow improved operation of upstream reservoirs for water supply purposes.
(m) Severe fire conditions can lead to significant erosion, reduced water quality and impacts on water
infrastructure. This division provides funding to manage forests and watersheds to reduce fire danger,
mitigate the effects of wildfires on water supply and quality, and enhance water supplies.
(n) This division funds the following programs, which respond to human and environmental water needs
in California:
(1) Improvement of water supply and water quality utilizing cost effective methods, including
water conservation, desalting of groundwater and other inland saline water, stormwater management,
wastewater recycling, and similar water management measures.
(2) Better management of forest and rangeland watersheds, such as through the Sierra Nevada
Watershed Improvement Program to improve the pattern, quantity and quality of water runoff and
groundwater recharge. Improving soil health improves the ability of the ground to better contain
groundwater and moderate the rate of water runoff.
(3) Better groundwater management, including faster implementation of the Sustainable
Groundwater Management Act, and better recognition of the connection between surface and
groundwater.
(4) Provision of water for fish and wildlife, including restoration of the Pacific Flyway and
management of habitat in a dynamic way to respond to changing environmental conditions.
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(5) Increased capacity to convey water resulting in greater groundwater recharge and improved
conveyance and utilization of floodwaters for use in drought years.
(o) The State Water Resources Control Board, the Department of Fish and Wildlife, and many other
agencies have recognized that providing funding for fish habitat enhancement is vital to restoring native
California fish populations, and that relying solely on flow to restore those populations will not be
sufficient. Providing funding for fish habitat enhancement is a vital complement to reasonable flows to
protect fish.
(p) California has lost ninety-five percent (95%) of its historical wetlands. These wetlands provide food,
water and cover for migratory and other birds, fish, mammals, reptiles, amphibians and a vast number of
plant species. Many species may become endangered or threatened without wetlands and many more
survive only due to wetlands available today. This division combines work to sustain and protect current
wetlands with the potential to increase wetlands in California to support a thriving flora and fauna.
(q) The implementation of this division will result in cost savings to local governments immediately by
substantially more than one billion dollars, and reduce local government operating costs by hundreds of
millions of dollars per year. This division will provide funding that displaces local government funding,
resulting in the implementation of projects in the following areas. These projects would have eventually
been implemented by local government.
(1) Safe Drinking Water. State direct and matching funds will reduce the cost to local government
of implementing drinking water and wastewater treatment systems, and to some extent the operation of
those systems.
(2) Wastewater recycling. State funds will reduce the cost of these plants, reducing the capital
cost of the projects for local governments. By reducing local government capital costs, the cost of water
from these plants will also be reduced. Implementation of wastewater recycling plants will defer the need
for more expensive alternative sources of water supply, thus further reducing local capital and operating
costs.
(3) Groundwater desalting. State funds will reduce the cost of these plants, reducing the capital
cost of the projects for local governments. By reducing local government capital costs, the cost of water
from these plants will also be reduced. Implementation of groundwater desalting plants will defer the
need for more expensive alternative sources of water supply, thus further reducing local capital and
operating costs.
(4) Water Conservation. State funds will reduce the cost of these projects, reducing costs to local
government. More importantly, reduced water demand resulting from these projects will reduce
operating costs, and will temporarily or permanently defer the construction and operating costs of more
expensive capital outlay projects needed to provide new water.
(5) Repairing flood control reservoirs. State funds will reduce the costs of these projects for local
government.
(6) San Francisco Bay Restoration Authority funds. State investment in wetlands projects
providing flood protection around San Francisco Bay will reduce flood risk associated with climate change.
This will reduce the cost of other flood control measures, and more importantly will reduce flood damage
which often results in tremendous costs to local government for facility repair.
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(7) Stormwater funding. Regulations imposed by the State Water Resources Control Board and
various regional water quality control boards will result in the construction of various capital outlay
projects costing billions of dollars. Providing funds through this measure will reduce the cost of these
projects to local government.
(8) Fisheries restoration. This division provides hundreds of millions of dollars for fisheries
restoration. Local and regional water agencies are voluntarily undertaking many of these projects. By
providing state funds, this division will reduce local costs. In addition, the resulting increase in fish
populations will make it possible to improve local water supplies, avoiding local government costs to
provide replacement water supplies costing hundreds of millions or even billions of dollars.
(9) Bay Area Regional Reliability. Bay Area water districts are undertaking extensive
improvements in their water distribution systems to interconnect their water supplies for greater drought
water supply reliability and other benefits. By providing funds for this program, this division will reduce
their costs by two hundred and fifty million dollars ($250,000,000).
(10) Friant Kern Canal Repair. Groundwater overdraft has caused subsidence of the Friant Kern
Canal. State funds to repair the canal will reduce the cost of repairing the canal to local water districts.
Avoiding the cost to finance this project will also save tens of millions of dollars per year in interest costs
which would have to be paid by these districts.
(11) Oroville Dam Repair. Although the costs of repairing Oroville Dam should be covered by the
federal government either through the Federal Emergency Management Agency or the Corps of
Engineers, the federal government may not fulfill this obligation. If the State Water Resources
Development System contractors, all local agencies, are forced to cover all or part of these costs, this
division will reduce their costs by two hundred million dollars ($200,000,000). Interest costs would also
be reduced.
(r) Substantial funds remain to be allocated to storage projects pursuant to Division 26.7. For this reason,
and so as not to interfere with the work of the California Water Commission in awarding these funds, this
measure does not include funding for the construction of specific storage projects.
CHAPTER 3. Definitions.
86002. Unless the context otherwise requires, the definitions set forth in this section govern the
construction of this division, as follows:
(a) “Conservation” means rehabilitation, stabilization, restoration, reduced water use, development, and
reconstruction, or any combination of those activities.
(b) “Conservation actions on private lands" means projects implemented with willing landowners that
involve the adaptive and flexible management of natural resources in response to changing conditions and
threats to habitat and wildlife. These investments and actions are specifically designed to create habitat
conditions on private lands which, when managed dynamically over time, contribute to the long-term
health and resiliency of vital ecosystems and enhance wildlife populations.
(c) “Delta” means the Sacramento-San Joaquin Delta as defined in Section 12220.
(d) “Department” means the Department of Water Resources.
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(e) “Desalination” means removing salt and other contaminants from polluted groundwater or other
inland sources of water containing salts, including brackish water.
(f) “Disadvantaged community” has the meaning set forth in subdivision (a) of Section 79505.5, as it may
be amended.
(g) “Economically distressed area” has the meaning set forth in subdivision (k) of Section 79702, as it may
be amended.
(h) “Finance committee” means the Water Supply Reliability and Drought Protection Finance Committee
created by Section 86182.
(i) “Fund” means the Water Supply Reliability and Drought Protection Fund of 2018 created by Section
86169.
(j) “Groundwater sustainability agency” means an agency defined in subdivision (j) of Section 10721.
(k) “Integrated Regional Water Management Plan” means a comprehensive plan for a defined geographic
area that meets the requirements of Part 2.2 (commencing with Section 10530) of Division 6, as that part
may be amended.
(l) “Invasive plant” means a terrestrial or aquatic plant not native to California of no or negligible
agricultural value which does any of the following: displaces native plants, threatens native plant
biodiversity, harms agricultural or rangeland productivity, degrades wildlife habitat, contributes to fire
hazard, or uses more water than the plants it displaces.
(m) “Multi-benefit project” means a project that serves more than one purpose, including but not limited
to flood management, water supply, water quality improvement, environmental enhancement,
recreation, energy conservation, reduction of emission of climate-changing gases, and fish and wildlife
improvement.
(n) “Nonprofit organization” means an organization qualified to do business in California and exempt
under Section 501(c)(3) or Section 501(c)(6) of Title 26 of the United States Code, to the extent permitted
by state and federal law.
(o) “Protection” means those actions necessary to prevent harm or damage to persons, property or
natural resources or those actions necessary to allow the continued use and enjoyment of property or
natural resources and includes acquisition, development, restoration, conservation, preservation and
interpretation as interpretation is defined in subdivision (i) of Section 75005 of the Public Resources Code.
(p) “Public agency” means a state agency or department, special district, joint powers authority, city,
county, city and county, or other political subdivision of the state.
(q) “Public water systems” are defined in subdivision (h) of section 116275 of the Health and Safety Code
and means regional, municipal, and district urban water suppliers, including privately owned water
suppliers as defined in Part 2.6, Section 10617 of the Water Code Division 6.
(r) “Restoration” means the improvement of physical structures or facilities and, in the case of natural
systems and landscape features, includes but is not limited to projects that improve physical and
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ecological processes, including but not limited to erosion control; sediment management; the control and
elimination of invasive species; prescribed burning; fuel hazard reduction; fencing out threats to existing
or restored natural resources; meadow, wetland, riparian, and stream restoration; and other plant and
wildlife habitat improvement to increase the natural system value of the property. Restoration projects
shall include the planning, monitoring and reporting necessary to ensure successful implementation of
the project objectives.
(s) “Severely disadvantaged community” means a community with a median household income of less
than 60 percent (60%) of the statewide median household income.
(t) “Sierra Nevada Watershed Improvement Program” is a coordinated, integrated, collaborative program
to restore the health of California's primary watershed by increasing the pace and scale of forest
restoration in order to maintain the important benefits that the Sierra Nevada region provides.
(u) “State board” means the State Water Resources Control Board.
(v) “State General Obligation Bond Law” means the State General Obligation Bond Law, Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code.
(w) “Stormwater” and “dry weather runoff” are defined as in Section 10561.5.
(x) “Stormwater Resource Plans” are defined as in Part 2.3 (commencing with Section 10560) of Division
6.
CHAPTER 4. Accountability.
86003. (a) (1) The California Natural Resources Agency shall provide for an independent audit of
expenditures pursuant to this division no less than every three years.
(2) On or before January 10, 2020, and every six months thereafter, the Natural Resources
Agency shall publish on its website a report that contains all of the following information relating to this
division for the previous six months with the information summarized by section of this division:
(A) Funding encumbrances.
(B) Summary of new projects funded.
(C) Summary of projects completed.
(D) Discussion of progress towards meeting the metrics of success established pursuant to
Section 86157.
(E) Discussion of common challenges experienced by state agencies and recipients of
funding in executing projects.
(F) Discussion of major accomplishments and successes experienced by state agencies and
recipients of funding in executing projects.
(3) This subsection shall remain in effect only until January 1, 2028, and as of that date is
repealed.
(b) The Department of Finance or the Controller, or the California State Auditor at the direction of the
Legislature, may conduct an audit of the expenditures of any state agency receiving funding pursuant to
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this act.
(c) The state agency issuing any grant with funding authorized by this division shall require adequate
reporting of the expenditures of the funding from the grant.
CHAPTER 5. Improvement of Water Supply and Water Quality.
CHAPTER 5.1. Safe Drinking Water.
86004. The sum of seven hundred fifty million dollars ($750,000,000) is appropriated from the Fund to
the State board for expenditures, grants, and loans to improve water quality or help provide clean, safe,
and reliable drinking water to all Californians.
86005. The projects eligible for funding pursuant to this chapter shall help improve water quality for a
beneficial use. The purposes of this chapter are to:
(a) Reduce contaminants in drinking water supplies regardless of the source of the water or the
contamination.
(b) Assess and prioritize the risk of contamination to drinking water supplies.
(c) Address the critical and immediate needs of disadvantaged, rural, or small communities that suffer
from contaminated or inadequate drinking water supplies, including, but not limited to, projects that
address a public health emergency.
(d) Leverage other private, federal, state, and local drinking water quality and wastewater treatment
funds.
(e) Provide disadvantaged communities with public drinking water infrastructure that provides clean,
safe, and reliable drinking water supplies that the community can sustain over the long term.
(f) Ensure access to clean, safe, reliable, and affordable drinking water for California’s communities.
(g) Meet primary and secondary drinking water standards or remove contaminants identified by the state
or federal government to meet primary or secondary drinking water standards.
86006. The contaminants that may be addressed with funding pursuant to this chapter may include, but
shall not be limited to, lead, nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic, selenium,
hexavalent chromium, mercury, PCE (perchloroethylene), TCE (trichloroethylene), DCE (dichloroethene),
DCA (dichloroethane), 1,2,3-TCP (trichloropropane), carbon tetrachloride, 1,4-dioxane, 1,4-
dioxacyclohexane, nitrosodimethylamine, bromide, iron, manganese, total dissolved solids, electrical
conductivity, and uranium.
86007. (a) (1) Of the funds authorized by Section 86004, five hundred million dollars ($500,000,000) shall
be available for grants and loans for public water system infrastructure improvements and related actions
to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given
to projects that provide treatment for contamination or access to an alternate drinking water source or
sources for small community water systems or state small water systems in disadvantaged communities
whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards
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identified by the State board. Eligible recipients serve disadvantaged communities and are public
water systems or public agencies.
(2) Eligible expenses may include initial operation and maintenance costs for systems serving
disadvantaged communities. Priority shall be given to projects that provide shared solutions for multiple
communities, at least one of which is a disadvantaged community that lacks safe, affordable drinking
water and is served by a small community water system, state small water system, or a private well.
Construction grants shall be limited to five million dollars ($5,000,000) per project, except that the State
board may set a limit of not more than twenty million dollars ($20,000,000) for projects that provide
regional benefits or are shared among multiple entities, including consolidation of two or more drinking
water systems, at least one of which shall be a small disadvantaged community. Not more than 50
percent (50%) of a grant may be awarded in advance of actual expenditures.
(3) For the purposes of this subdivision, “initial operation and maintenance costs” means those
initial, eligible, and reimbursable costs under a construction funding agreement that are incurred up to,
and including, but not limited to, initial startup testing of the constructed project in order to deem the
project complete. Initial operation and maintenance costs are eligible to receive funding pursuant to this
section for a period not to exceed three years.
(b) Of the funds authorized by this section, up to ten million dollars ($10,000,000) shall be available for
grants to provide school children with safe drinking water under the Drinking Water for Schools Grant
Program pursuant to Section 116276 of the Health and Safety Code.
86008. Of the funds authorized by Section 86004, two hundred fifty million dollars ($250,000,000) shall
be available for deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund
created pursuant to Section 13477.6 for grants and loans for wastewater treatment projects. Priority shall
be given to projects that serve disadvantaged communities and severely disadvantaged communities, and
to projects that address public health hazards. Projects may include, but not be limited to, projects that
identify, plan, design, and implement regional mechanisms to consolidate wastewater systems or provide
affordable treatment technologies.
86009. Of the funds authorized by Section 86004, up to sixty million dollars ($60,000,000) shall be made
available for drinking water infrastructure and/or wastewater improvements on private property, or for
interim replacement drinking water supplies.
(a) Funds may be used for the following purposes:
(1) To conduct water quality testing of drinking water wells.
(2) To install and replace laterals, repair or replace private wells or onsite wastewater systems,
properly close abandoned wells and septic system infrastructure, and provide infrastructure necessary to
connect residences to a public water or wastewater system.
(3) To replace interior drinking water plumbing and fixtures that contain lead.
(4) To provide interim replacement drinking water supplies.
(b) The State board may establish a revolving loan fund to facilitate financing for activities allowable
under this section.
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(c) Priority shall be given to projects that assist low-income homeowners, including mobile home owners,
and vulnerable populations.
86010. (a) For the purposes of awarding funding pursuant to this chapter, a local cost share of not less
than 50 percent (50%) of the total costs of the project shall be required. The cost-sharing requirement
may be waived or reduced for projects that directly benefit a disadvantaged community or an
economically distressed area.
(b) At least 10 percent (10%) of the funds available pursuant to this chapter shall be allocated for projects
serving severely disadvantaged communities.
(c) Up to 15 percent (15%) of the funds available pursuant to this chapter may be allocated for technical
assistance to disadvantaged communities. The State board shall operate a multidisciplinary technical
assistance program for small and disadvantaged communities which may include, but is not limited to,
outreach and education, needs assessments, review of alternative approaches to provide communities
with safe drinking water or wastewater services, project selection and design, board and operator
training, and other technical, managerial, and financial capacity building assistance for utilities serving
disadvantaged communities related to providing communities with safe drinking water or wastewater
services. The agency may also contract with a nonprofit organization, resource conservation district, or
other local agency to provide these services.
CHAPTER 5.2. Water Recycling and Desalination.
86020. The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the State
board to award grants and loans to eligible entities as defined in subdivision (a) of Section 86166 on a
competitive basis for wastewater recycling projects. Grants pursuant to this section may be made for all
of the following:
(a) Water recycling projects, including, but not limited to, treatment, storage, conveyance, brine disposal,
and distribution facilities for potable and nonpotable recycling projects.
(b) Dedicated distribution infrastructure to serve residential, commercial, agricultural, fish and wildlife
habitat, and industrial end-user retrofit projects to allow use of recycled water.
(c) Pilot projects for new potable reuse and contaminant removal technology.
(d) Multi-benefit recycled water projects that improve water quality.
(e) Multi-benefit recycled water projects that protect, conserve and restore wetland and other wildlife
habitat.
(f) Technical assistance and grant writing assistance related to specific projects for disadvantaged
communities and economically distressed areas.
86021. The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the State
board to award grants to eligible entities as defined in subdivision (a) of Section 86166 on a competitive
basis for desalination of brackish groundwater, and other brackish water desalination projects which do
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not directly negatively affect riparian habitat, estuaries, coastal bays, coastal lagoons, or ocean waters of
California as defined by the State board. Grants pursuant to this section must comply with the
requirements of this section, and may be made for all of the following:
(a) Treatment, storage, conveyance, and distribution facilities. Projects may remove contaminants in
addition to salts, but shall be primarily constructed and operated to remove salt.
(b) Distribution infrastructure to serve residential, commercial, agricultural, fish and wildlife habitat, and
industrial end-user retrofit projects to allow use of desalted water.
(c) Multi-benefit salt removal projects that improve water quality.
(d) Technical assistance and grant writing assistance related to specific projects for disadvantaged
communities and economically distressed areas.
(e) Multi-benefit salt removal projects that provide water supply for wetland and other wildlife habitat.
(f) Technical assistance and grant writing assistance related to specific projects for disadvantaged
communities and economically distressed areas.
86022. No grant made pursuant to this chapter shall exceed fifty percent (50%) of the cost of the project,
but this requirement may be eliminated or reduced for that portion of projects that primarily serve
disadvantaged communities, economically distressed areas, or wildlife habitat.
86023. Projects funded pursuant to this chapter shall be selected on a competitive basis with priority
given to the following criteria:
(a) Water supply reliability improvement.
(b) Water quality and ecosystem benefits related to decreased reliance on diversions from the Delta or
from local rivers and streams, and benefits related to attainment of beneficial uses and water quality
objectives in local receiving waters.
(c) Public health benefits from improved drinking water quality or supply.
(d) Cost-effectiveness, based on the amount of water produced per dollar invested, and other cost-
effectiveness criteria adopted by the State board.
(e) Energy efficiency and greenhouse gas emission reductions.
(f) Water supply or water quality improvements benefitting disadvantaged communities.
(g) Protection and restoration of fish and wildlife habitat, as well as provision of a reliable water supply for
fish and wildlife.
CHAPTER 5.3. Water Conservation.
86030. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the
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department for the following purposes:
(a) Statewide turf removal program.
(1) The program shall provide financial incentives to public and private property owners to
convert their irrigated or watered landscaping to drought tolerant plantings, including appropriate low
water using plants. The department shall set a maximum amount each applicant can receive, and shall
allow greater incentives to low-income homeowners who could not otherwise afford to participate in the
landscape water conversion program. No less than seventy-five percent (75%) of the funds allocated to
this program shall be spent on programs benefitting residential property owners. The department shall
make awards to nonresidential applicants on the basis of cost-effectiveness with respect to water supply.
Each grant must reduce water consumption by at least fifty percent (50%) compared to current water
use.
(2) The most cost-effective projects and those projects that provide the greatest environmental
benefits based on the state investment shall receive highest priority for funding. Environmental benefits
shall include, but not be limited to, planting appropriate drought resistant native and other plants,
reduction in consumptive water use, and increased availability of water for environmental benefits.
(3) The department shall not reject or reduce eligibility to residents residing in service areas
which have previously offered turf removal rebate programs as long as the resident was not a participant
in the program.
(4) The department shall cooperate with eligible entities as defined in subdivision (a) of Section
86166 and the California Public Utilities Commission to develop an on-bill repayment mechanism to pay
for the consumer’s share of the landscape conversion project.
(b) Leak detection.
(1) Competitive grants on a matching basis to public water systems to reduce leaks in their water
distribution systems, eliminate leaks in the water systems of their customers if the water system operator
determines that customer leak detection and elimination is a cost-effective way to improve the water
system operator’s water supply and provides a public benefit, and install instrumentation to detect leaks
at residential, institutional, and commercial properties. The department shall make awards on the basis of
cost-effectiveness with respect to water supply. Water system operators receiving grants pursuant to this
subdivision shall give highest priority to leak detection and water waste elimination programs in
disadvantaged communities and economically distressed areas.
(2) No grant award shall exceed fifty percent (50%) of the cost of the project. Cost sharing may be
reduced or eliminated for a grant award that primarily benefits residential property owners in a
disadvantaged community or an economically distressed area.
(c) Toilet replacement. Competitive grants on a matching basis to public water systems or eligible entities
as defined in subdivision (a) of Section 86166 to replace toilets using more than three gallons per flush
with new toilets that conserve water and flush 1.28 gallons per flush or less. The department shall make
awards on the basis of cost-effectiveness with respect to water supply. Entities receiving grants pursuant
to this subdivision shall give highest priority to toilet replacement programs in disadvantaged
communities and economically distressed areas.
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(d) Water meters. Installation of water meters in disadvantaged communities that are not metered.
(e) Energy saving water conservation. Competitive grants on a matching basis to public water systems to
undertake water conservation projects that promote saving energy. These projects shall document the
greenhouse gas emission reductions coming from water conservation programs. The department shall
make awards on the basis of cost-effectiveness with respect to water supply as well as energy savings.
Highest priority shall be given to programs in disadvantaged communities and economically distressed
areas.
(f) In determining how to allocate the funds appropriated pursuant to this section, the department shall
determine which technologies are most cost-effective, produce the greatest environmental benefits, and
provide the most benefit to disadvantaged communities and economically distressed areas.
(g) Any entity receiving a grant pursuant to this section may use grant funds to establish a revolving fund
from which the entity may make loans to implement water conservation programs. The interest rate shall
be established by the entity, and the entity may charge a reasonable administration fee to be paid along
with the interest on the loan over the lifetime of the loan. Payments made on loans made pursuant to
this program shall be returned to the revolving fund to be used for additional loans to implement water
conservation programs. Loans made pursuant to this section may be for up to 15 years, or for the useful
life of the water conservation project, whichever is shorter.
86031. The sum of fifteen million dollars ($15,000,000) is appropriated from the Fund to the California
Energy Commission for the Water Energy Technology Program to accelerate the deployment of
innovative water and energy saving technologies and help continue to make water conservation a
California way of life.
86032. (a) The purpose of this section is to help make it possible to improve flows in tributaries to the
Delta, and to expedite the transfer of conserved agricultural water while minimizing impacts on water
rights holders.
(b) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the department for
matching grants to local agencies to aid in the construction and implementation of agricultural water
conservation projects, and for grants in accordance with Section 79158.
(c) For the purposes of approving a grant under this section, the department shall determine if there will
be a net savings of water as a result of each proposed project and if the project is cost-effective and
technically sound.
(d) A project under this section shall not receive more than five million dollars ($5,000,000) in grant
proceeds from the department.
(e) The department shall give preference to the most cost-effective and technically sound projects.
(f) Priority shall be given to grants that result in water savings which are used to improve the quality of
fish and wildlife through increased flows in tributaries to the Delta. Grants improving internal water
district efficiency for other uses and transfers are also eligible for funding.
(g) No project may cause adverse impacts to fish or wildlife without mitigating those impacts below a
level of significance. The cost of mitigation may be included in grant funds.
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CHAPTER 5.4. Flood Management for Improved Water Supply.
86040. (a) The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the
Central Valley Flood Protection Board for:
(1) Enlargement and environmental enhancement of existing floodways and bypasses within the
jurisdiction of the Central Valley Flood Protection Board, including providing recreation opportunities.
(2) Improvement of flood control facilities and environmental enhancement within the
jurisdiction of the Central Valley Flood Protection Board.
(b) To be eligible for funding under this section, a project shall provide reduced flood risk, reduced
liability, or reduced maintenance responsibility for state agencies or local flood control districts or both.
(c) The Central Valley Flood Protection Board shall give preference to:
(1) Those projects that primarily benefit disadvantaged communities or economically distressed
areas.
(2) Multi-benefit projects designed to reduce flood risk and enhance fish and wildlife habitat by
allowing rivers and floodplains to function more naturally. These projects create additional public benefits
such as protecting farms and ranches, improving water quality, increasing groundwater recharge, and
providing public recreation opportunities.
(3) Those projects that include matching funds, including but not limited to matching funds from
other state agencies. Matching fund requirements may be reduced or eliminated to the extent the project
directly benefits disadvantaged communities or economically distressed areas.
(d) The Central Valley Flood Protection Board may make grants to eligible entities as defined in
subdivision (a) of Section 86166 to implement this section.
(e) The Central Valley Flood Protection Board may use up to one million ($1,000,000) of these funds to
develop a programmatic permit for authorization of habitat restoration and related multi-benefit floodplain
restoration projects whose primary purpose is restoration and that meet the criteria described in
paragraphs (a) and (b) of this section.
(f) Of the amount appropriated in paragraph (a), fifty million dollars ($50,000,000) shall be awarded for
matching grants to public agencies to construct flood control improvements to existing dams on rivers in
the Sacramento Valley that provide flood protection to urbanized areas. If these funds are not awarded
for this purpose by January 1, 2032, they may be used for the other purposes of this section.
86041. (a) The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the
department for grants to local agencies on a fifty percent (50%) matching basis to repair or reoperate
reservoirs that provide flood control either as a principal purpose or as an indirect effect of their
operation. Grantees must demonstrate that the proposed repair or reoperation will increase the amount
of water stored in those reservoirs that could be put to beneficial use. No funds appropriated under this
section shall be used to raise the height of any dam. Spillway modification projects that do not raise the
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crest height of the dam are eligible for grant funds.
(b) (1) To be eligible for funding under this section, a project must provide substantial increases in
recreational opportunities, such as trails along river channels, and significant net improvements to fish
and wildlife habitat in and adjacent to the river channel downstream of the reservoir, and to the extent
compatible with safe reservoir operation, within the reservoir. At least ten percent (10%) of project costs
shall be allocated to these recreational and habitat purposes. The funds to carry out these purposes shall
be allocated by the department directly to a state conservancy if there is a conservancy with jurisdiction
over the area of the project. If there is no conservancy, the Natural Resources Agency’s California River
Parkways Program shall contract with an eligible entity as defined in subdivision (a) of Section 86166 to
carry out these purposes. The agency operating the reservoir being repaired or reoperated shall approve
the recreational and habitat elements of the project and shall not charge any fees for review, plan check,
permits, inspections, or any other related costs associated with the project, and shall provide permanent
operation and maintenance of the entire project, including the habitat and recreational elements.
Projects may include grants to eligible entities as defined in subdivision (a) of Section 86166 to implement
this paragraph.
(2) All costs associated with the requirements of this subdivision may be paid for with funds
provided to local agencies by this section, and do not have to be matched by the agency.
(c) Grants made pursuant to this section may be for the purpose of seismic retrofit.
(d) No grants made pursuant to this section shall be for reservoir maintenance or sediment removal from
the reservoir or upstream of the reservoir, except as necessary to complete projects authorized under
paragraphs (a), (b), and (c).
(e) Applicants shall certify that projects paid for by funds provided by this section will be permanently
operated and maintained.
(f) First priority shall be given to projects that benefit disadvantaged communities.
(g) Projects to assist in the reoperation of eligible reservoirs shall increase water supply for beneficial uses
through the purchase and installation of water measuring equipment, acquisition of information systems,
and the use of technologies and data to improve reservoir management.
(h) (1) A local public agency, Indian tribe or nonprofit organization that receives funding under this
chapter to create recreational facilities or wildlife habitat may use up to twenty percent (20%) of those
funds to establish a trust fund that is exclusively used to help pay for the maintenance and monitoring of
those recreational facilities or wildlife habitat.
(2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in land,
recreation facilities or wildlife habitat with money from this chapter and transfers the interest in land,
recreational facilities or wildlife habitat to another public agency, Indian tribe or nonprofit organization
shall also transfer the ownership of the trust fund that was established to maintain that interest in the
land, recreational facilities or wildlife habitat.
(3) This subdivision does not apply to state agencies.
(4) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
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pursuant to this subdivision, the agency, tribe or organization shall certify to the state agency making the
grant that it can maintain the land, recreational facilities or wildlife habitat to be acquired or developed
from funds otherwise available to the agency, tribe or organization.
(5) If the interest in land, recreational facilities or wildlife habitat is condemned or if the local
public agency, Indian tribe or nonprofit organization determines that the interest in land, recreational
facilities or wildlife habitat is unable to fulfill the purposes for which money from this chapter was
expended, the trust fund and any unexpended interest are appropriated to the agency that provided the
money. The funds returned to the agency may be utilized only for projects pursuant to this section.
(i) The department shall give preference to those projects that coordinate reservoir reoperation with the
provision of water for groundwater recharge through conjunctive use or other integrated
surface/groundwater projects.
86042. The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the San
Francisco Bay Restoration Authority to provide matching grants for flood management, wetlands
restoration, and other projects consistent with Article 2 (commencing with Section 66704.5) of Chapter 5
of Title 7.25 of the Government Code. For purposes of this section, matching funds may include funds
provided by local governments, regional governments, the federal government, private parties, or other
funds raised by the San Francisco Bay Restoration Authority. No grant shall exceed fifty percent (50%) of
the cost of the project.
86043. (a)(1) A local public agency, Indian tribe or nonprofit organization that receives funding under this
chapter to acquire an interest in land may use up to twenty percent (20%) of those funds to establish a
trust fund that is exclusively used to help pay for the maintenance and monitoring of that interest in land.
(2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in land
with money from this chapter and transfers the interest in land to another public agency, Indian tribe or
nonprofit organization shall also transfer the ownership of the trust fund that was established to maintain
that interest in land.
(3) This subdivision does not apply to state agencies.
(b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the
grant that it can maintain the land to be acquired from funds otherwise available to the agency, tribe or
organization.
(c) If the interest in land is condemned or if the local public agency, Indian tribe or nonprofit organization
determines that the interest in land is unable to fulfill the purposes for which money from this chapter
was expended, the trust fund and any unexpended interest are appropriated to the agency that provided
the money. The funds returned to the agency may be utilized only for projects pursuant to this chapter.
CHAPTER 5.5. Funding for Water Measurement and Information.
86048. The sum of sixty million dollars ($60,000,000) is appropriated from the Fund for water
measurement and information systems, as follows:
(a) The sum of twenty million dollars ($20,000,000) is appropriated to the department for development of
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methods and installation of water measuring equipment to improve estimates of water balance, water
budgets, diversions and water use to support water allocations, drought management, groundwater
management, water quality management and water rights.
(b) The sum of ten million dollars ($10,000,000) is appropriated to the State board for development of
information systems, technologies, and data that improve the State board’s ability to manage water
rights. These systems will include, but not be limited to, digitizing and making available the 10 million
pages of paper records on water rights within the State board and in other repositories and the creation
of a digital repository for water diversion and use data.
(c) The sum of ten million dollars ($10,000,000) is appropriated to the Water Data Administration Fund
established pursuant to Section 12420, to be used by the department in consultation with the State board
for the purpose of making California water information interoperable, consistent with Part 4.9 of Division
6 of the Water Code.
(d) The sum of twenty million dollars ($20,000,000) is appropriated as follows:
(1) Five million dollars ($5,000,000) is appropriated to the University of California for its multi-
campus Water Security and Sustainability Research Initiative to develop core elements of a water
resources information system, in cooperation with the department and the State board.
(2) Five million dollars ($5,000,000) is appropriated to the California Water Institute at California
State University, Fresno to undertake research leading to improvement and conservation of water
supplies and improved water quality in California.
(3) Five million dollars ($5,000,000) is appropriated to the Irrigation Training and Research Center
at California Polytechnic State University San Luis Obispo to undertake research leading to improvement
and conservation of water supplies and improved water quality in California.
(4) Five million dollars ($5,000,000) is appropriated to the Office of Water Programs at California
State University, Sacramento to undertake research leading to improvement and conservation of water
supplies and improved water quality in California.
(5) The institutions of higher education receiving funds pursuant to this paragraph shall work
together to assure that their efforts do not conflict or overlap, but are complementary to each other.
CHAPTER 5.6. Capture and Use of Urban Runoff and Stormwater.
86050. (a) The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the
State board for projects to capture and use urban dry weather runoff and stormwater runoff. All grants
made pursuant to this section by the State board for construction projects must be to counties or cities, a
city and county, or a joint powers authority containing a city, county, or city and county with
responsibility for flood control or management. The State board may spend up to fifty million dollars
($50,000,000) for grants to eligible entities as defined in subdivision (a) of Section 86166 to develop
Stormwater Resource Plans. Funds available pursuant to this section shall be allocated to projects serving
and providing a direct benefit to disadvantaged and severely disadvantaged communities. The State
board may use these funds to make grants for technical assistance and outreach to disadvantaged
communities.
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(b) The sum of thirty million dollars ($30,000,000) is appropriated from the Fund to the California Tahoe
Conservancy for projects to capture and use dry weather runoff and stormwater runoff in the Lake Tahoe
Basin pursuant to Title 7.42 (commencing with Section 66905) of the Government Code.
(c) The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the Santa Monica
Mountains Conservancy for projects to capture and use dry weather runoff and stormwater runoff
pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code in the area
defined in paragraph (2) of subdivision (d) of Section 86080.
(d) The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy for projects to capture and use dry weather runoff
and stormwater runoff pursuant to Division 22.8 (commencing with Section 32600) of the Public
Resources Code.
(e) The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the State Coastal
Conservancy for projects to capture and use dry weather runoff and stormwater runoff pursuant to
Division 21 (commencing with Section 31000) of the Public Resources.
(f) Funds spent pursuant to this section shall be used for competitive grants for projects that develop,
implement, or improve multi-benefit projects identified and prioritized in Stormwater Resource Plans
consistent with Part 2.3 (commencing with Section 10560) of Division 6, as that part may be amended,
and shall include as many as possible of the following benefits: capture and treatment of stormwater or
dry weather runoff for beneficial uses; removal of pollutants from the captured and treated runoff;
creation or restoration of habitat or parkland to capture and treat stormwater or dry weather runoff for
beneficial uses by using best management practices that improve environmental quality; removal of
pollutants from the captured and treated runoff; creation or restoration of habitat or parkland; storage,
infiltration or use of the captured and treated runoff to augment local water supplies; creation or
restoration of native habitat, trails, park land or other natural open space; reduction of urban heat
islands; and provision of other public recreational opportunities. Projects that include wetlands and
native habitat or project elements designed to mimic or restore natural watershed functions shall be
given the highest priority.
(g) Of the amount appropriated pursuant to subdivision (a), at least forty million dollars ($40,000,000)
shall be available for projects that reduce the flow of trash and other pollutants: (1) into a National
Estuarine Research Reserve, onto beaches, or into near-shore coastal waters in San Diego County, or (2)
into San Diego Bay. Priority shall be given to projects that reduce the flow of trash or other pollutants into
one or more units of the State Parks System.
86051. (a) Each state agency receiving funds pursuant to this chapter shall require at least a fifty percent
(50%) cost share by recipients of grant funds, but may eliminate or reduce the matching requirements for
that portion of projects primarily benefiting disadvantaged communities or economically distressed areas.
(b) Projects funded by this section must comply with water quality policies or regulations adopted by the
State board or the regional water quality control board with jurisdiction over the project.
(c) Project costs may include development of decision support tools, data acquisition, and geographic
information system data analysis to identify and evaluate the benefits and costs of potential stormwater
capture and reuse projects.
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(d) Preference shall be granted to projects that divert stormwater or dry weather runoff from storm
drains or channels and put it to beneficial use.
(e) Agencies receiving funds pursuant to this section shall give high priority to projects benefitting
disadvantaged communities. Each agency receiving funds pursuant to this chapter shall allocate at least
thirty-five percent (35%) of the funds they receive for projects that benefit disadvantaged communities.
(f) In implementing this chapter, each agency receiving funds pursuant to this chapter shall consult with
the Natural Resources Agency regarding the integration and prioritization of the habitat, park land, open
space, recreational and public use components of stormwater and dry weather runoff capture and reuse
projects, and shall seek assistance from the Natural Resources Agency in the review and scoring of
proposed projects.
(g) Projects may prevent stormwater and dry weather runoff from entering storm drains or channels.
86052. Entities defined in subdivision (a) of Section 86166 are eligible to receive funds under subdivisions
(b), (c), (d) and (e) of Section 86050.
86053. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or
multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code,
regardless of whether that Chapter is still in effect.
Chapter 5.7. Integrated Regional Water Management.
86054. The sum of five million dollars ($5,000,000) is allocated to the department to provide direct
funding support to approved Integrated Regional Water Management (IRWM) regional water
management groups for the purpose of maintaining ongoing IRWM planning and implementation efforts,
thereby sustaining the significant investment made through IRWM for regional collaboration on water
management.
CHAPTER 6. Watershed, Land, and Fisheries Improvements.
CHAPTER 6.1. Watershed Improvement for Water Supply and Water Quality Enhancement.
86080. The sum of two billion three hundred fifty-five million dollars ($2,355,000,000) is appropriated
from the Fund to protect, restore and improve the health of watershed lands, including forest lands
(including oaks, redwoods and sequoias), meadows, wetlands, chaparral, riparian habitat and other
watershed lands, including lands owned by the United States, in order to protect and improve water
supply and water quality, improve forest health, reduce fire danger consistent with the best available
science, mitigate the effects of wildfires on water quality and supply, increase flood protection, remediate
aquifers, or to protect or restore riparian or aquatic resources. No grants made pursuant to this section
shall be for reservoir maintenance or sediment removal from a reservoir or upstream of a reservoir,
except as necessary for field research required pursuant to subdivision (a). Funds shall be allocated as
follows:
(a) Two hundred million dollars ($200,000,000) to the Sierra Nevada Conservancy for the protection,
restoration and improvement of Sierra Nevada watersheds, pursuant to Division 23.3 (commencing with
Section 33300) of the Public Resources Code and including the purposes outlined in Section 33320 of the
Public Resources Code. Funds shall also be spent for the implementation and to further the goals and
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purposes of the Sierra Nevada Watershed Improvement Program. Projects eligible for funding under the
Sierra Nevada Watershed Improvement Program may include research and monitoring to measure the
impact of forest restoration work on water supply, climate and other benefits, including long-term air
quality, water quality and quantity, greenhouse gas emissions, carbon storage, habitat, recreational uses,
and community vitality. Projects funded under the Sierra Nevada watershed Improvement Program shall
be based on the best available science regarding forest restoration and must be undertaken to improve
water supply and quality, protect and restore ecological values and to promote forest conditions that are
more resilient to wildfire, climate change, and other disturbances. The Sierra Nevada Conservancy may
make grants to federal agencies if it determines such grants are the most efficient way to implement the
intent of this division on federally managed lands.
(b) Sixty million dollars ($60,000,000) to the California Tahoe Conservancy for the protection and
restoration of watersheds of the Lake Tahoe Basin, pursuant to Title 7.42 (commencing with Section
66905) of the Government Code. Funds shall be spent for implementation and to further the goals and
purposes of the Lake Tahoe Environmental Improvement Program, pursuant to Article 6 of Chapter 1.692
of Division 5 (commencing with Section 5096.351) of the Public Resources Code.
(c) One hundred million dollars ($100,000,000) to the San Francisco Bay Area Conservancy Program of the
Coastal Conservancy for the protection and restoration of watersheds of the San Francisco Bay Area,
pursuant to Chapter 4.5 of Division 21 of the Public Resources Code (commencing with Section 31160).
(d) One hundred eighty million dollars ($180,000,000) for the protection and restoration of watersheds of
Los Angeles, Ventura, and Orange Counties as follows:
(1) Sixty million dollars ($60,000,000) to the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy for the protection and restoration of the watersheds of the San Gabriel and
Lower Los Angeles Rivers pursuant to Division 22.8 (commencing with Section 32600) of the Public
Resources Code.
(2) Sixty million dollars ($60,000,000) to the Santa Monica Mountains Conservancy, for the
protection and restoration of the watersheds of Santa Monica Bay, the Upper Los Angeles River and the
Upper Santa Clara River pursuant to Division 23 (commencing with Section 33000) of the Public Resources
Code, and the watersheds defined in subdivision (c) of Section 79570.
(3) Thirty million dollars ($30,000,000) to the Santa Ana River Conservancy Program of the Coastal
Conservancy for the protection and restoration of watersheds of the Santa Ana River pursuant to Chapter
4.6 of Division 21 of the Public Resources Code (commencing with Section 31170).
(4) Thirty million dollars ($30,000,000) to the Baldwin Hills Conservancy for the protection and
restoration of the Baldwin Hills and Ballona Creek watersheds, and for projects to capture dry weather
runoff and stormwater runoff pursuant to Division 22.7 (commencing with Section 32550) of the Public
Resources Code.
(e) Forty million dollars ($40,000,000) to the San Diego River Conservancy for the protection and
restoration of watersheds in San Diego County pursuant to Division of 22.9 (commencing with Section
32630) of the Public Resources Code.
(f) One hundred thirty-five million dollars ($135,000,000) to the State Coastal Conservancy for the
protection and restoration of coastal watersheds pursuant to Division 21 (commencing with Section
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31000) of the Public Resources Code.
(g) One hundred fifty million dollars ($150,000,000) for the protection and restoration of the watersheds
of the Sacramento and San Joaquin Rivers as follows:
(1) One hundred million dollars ($100,000,000) to the Sacramento-San Joaquin Delta Conservancy
for protection and restoration of the Delta pursuant to Division 22.3 (commencing with Section 32300) of
the Public Resources Code. Highest priority shall be given to projects that benefit the restoration of native
species and that reduce the negative impacts of excessive salinity intrusion. Highest priority shall also be
given to projects that restore habitat important to species listed pursuant to the federal Endangered
Species Act (16 U.S.C. Chapter 35) and the California State Endangered Species Act (Fish and Game Code
Sections 2050-2100). The funds may also be used for improvement of public recreational facilities in the
Delta, and for grants to local agencies and nonprofit organizations to increase community access to parks
and recreational opportunities for underserved urban communities in the Delta. The Conservancy may
implement programs designed to reduce greenhouse gas emissions from the Delta.
(2) Twenty million dollars ($20,000,000) to the San Joaquin River Conservancy for the
implementation of the San Joaquin River Parkway pursuant to Division 22.5 (commencing with Section
32500) of the Public Resources Code.
(3) Thirty million dollars ($30,000,000) to the Lower American River Conservancy Fund created by
Section 5845.9 of the Public Resources Code. The Wildlife Conservation Board shall use these funds to
implement Chapter 10.5 of Division 5 of the Public Resources Code (commencing with Section 5845).
(h) One hundred and seventy million dollars ($170,000,000) for river parkways, as follows:
(1) Seventy million dollars ($70,000,000) to the California Natural Resources Agency for projects
pursuant the California River Parkways Act of 2004, Chapter 3.8 (commencing with Section 5750) of
Division 5 of the Public Resources Code. The Secretary of the Natural Resources Agency shall allocate at
least sixty-five percent (65%) of these funds for projects that benefit disadvantaged communities. With
the remaining funds, the Secretary shall seek to benefit poorer communities that do not qualify as
disadvantaged communities.
(2) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Guadalupe River corridor.
(3) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Russian River corridor.
(4) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Santa Clara River corridor.
(5) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Tijuana River corridor.
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(6) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Carmel River corridor.
(7) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to implement river parkway projects for habitat restoration, public
recreation, and water quality improvement along the Napa River corridor.
(8) Fifteen million dollars ($15,000,000) to the State Coastal Conservancy for river parkway
projects within the San Diego Bay watershed.
(9) Fifteen million dollars ($15,000,000) to the State Coastal Conservancy for river parkway
projects along the Santa Margarita River in San Diego County.
(10) Ten million dollars ($10,000,000) to the California Tahoe Conservancy to implement habitat
restoration, public recreation, and water quality improvements along the Upper Truckee River corridor.
(i) One hundred fifty million dollars ($150,000,000) shall be available for projects that restore, protect and
preserve the Los Angeles River and its tributaries, as follows:
(1) Seventy-five million dollars ($75,000,000) to the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy pursuant to Division 22.8 (commencing with Section 32600) of the Public
Resources Code, and Section 79508 of the Water Code.
(2) Seventy-five million dollars ($75,000,000) to the Santa Monica Mountains Conservancy
pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code, and Section
79508 of the Water Code.
(j) Three hundred million dollars ($300,000,000) to the Wildlife Conservation Board for the following:
(1) For the protection and restoration of the watersheds of the Sacramento, Smith, Eel, and
Klamath Rivers and other rivers of Marin, Sonoma, Mendocino, Humboldt and Del Norte Counties, and
the Carrizo Plain pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the Fish and
Game Code.
(2) For protection and restoration of oak woodlands and rangelands pursuant to Division 10.4
(commencing with Section 10330) of the Public Resources Code and Article 3.5 (commencing with Section
1360) of Chapter 4 of Division 2 of the Fish and Game Code.
(3) For acquisition and restoration of riparian habitat, migratory bird habitat, anadromous
fisheries, wetland habitat and other watershed lands pursuant to Chapter 4 of Division 2 (commencing
with Section 1300) of the Fish and Game Code.
(4) Grants may include funding to help fulfill state commitments to implement Natural
Community Conservation Plans adopted pursuant to Chapter 10 of Division 3 (commencing with Section
2800) of the Fish and Game Code, and to large scale regional Habitat Conservation Plans adopted
pursuant to the federal Endangered Species Act (16 U.S.C. Chapter 35).
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(5) Of the amount made available pursuant to this subdivision, the sum of ten million dollars
($10,000,000) shall be available to assist farmers in integrating agricultural activities with watershed
restoration and wildlife protection. Priority shall be given to projects that include partnerships with
resource conservation districts.
(6) Of the amount made available pursuant to this subdivision, the sum of fifty million dollars
($50,000,000) is appropriated to the Oak Woodlands Conservation Fund established by Section 1363 of
the Fish and Game Code, and may be expended pursuant to Article 3.5 of Chapter 4 of Division 2 of the
Fish and Game Code.
(7) Of the amount made available pursuant to this subdivision, the sum of thirty million dollars
($30,000,000) shall be available for grazing land protection pursuant to the California Rangeland, Grazing
Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4 of the Public
Resources Code.
(8) Of the amount made available pursuant to this subdivision, not less than sixty million dollars
($60,000,000) shall be available for projects that advance the conservation objectives of natural
community conservation plans adopted pursuant to the Natural Community Conservation Planning Act,
Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. First priority shall
be given to plans that include protection of aquatic ecosystems. Funding pursuant to this paragraph shall
not be used to offset mitigation obligations otherwise required.
(k) Twenty-five million dollars ($25,000,000) to the Coachella Valley Mountains Conservancy for the
protection and restoration of the Coachella Valley watershed pursuant to Division 23.5 (commencing with
Section 33500) of the Public Resources Code.
(l) One hundred fifty million dollars ($150,000,000) to the Department of Parks and Recreation for
protection and restoration of watershed lands within and affecting units of the State Parks System,
with high priority to redwood and other forest land important to protecting river and stream flows
and quality. In addition to other purposes authorized pursuant to this section, the Department of
Parks and Recreation may allocate funds to improve and increase the efficiency and effectiveness of
State Park water supply and wastewater treatment systems.
(m) Sixty million dollars ($60,000,000) to the Department of Conservation for watershed restoration and
conservation projects on agricultural lands, rangelands, managed wetlands, and forested lands.
(1) No less than thirteen million dollars ($13,000,000) shall be used for grants pursuant to Section
9084 of the Public Resources Code.
(2) No less than thirty-one million dollars ($31,000,000) shall be used for the purposes of Division
10.2 (commencing with Section 10200) of the Public Resources Code.
(3) Ten million dollars ($10,000,000) shall be used for the Watershed Coordinator Grant Program.
(n) One hundred million dollars ($100,000,000) to the California Ocean Protection Council for projects
that: (1) reduce the amount of pollutants that flow to beaches, bays, coastal estuaries, and near-shore
ecosystems; and (2) protect coastal and near-shore ocean resources from the impacts of rising sea levels,
storm surges, ocean acidification and related hazards, including, but not limited to, increasing the
resiliency of near-shore ocean habitats. Projects may include, but are not limited to, projects that protect
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or restore beaches, coastal estuaries and watersheds, bays, and near-shore ecosystems including marine
protected areas. Of this amount, the Council shall use at least five million dollars ($5,000,000) for the
Local Coastal Program sea level rise grant program that supports Local Coastal Program updates to
address sea level rise, including sea-level rise modeling, vulnerability assessments, and adaptation
planning and policy development.
(o) The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the Natural
Resources Agency, for water-related projects that implement the Natural Resources Agency’s Salton Sea
Management Program consistent with provisions of Article 2 (commencing with Section 2940) of Chapter
13 of Division 3 of the Fish and Game Code, and in fulfillment of the obligations of the State of California
to comply with the terms of Chapters 611, 612, 613, and 614 of the Statutes of 2003. These statutes were
enacted to facilitate the execution and implementation of the Quantification Settlement Agreement,
including restoration of the Salton Sea. The Natural Resources Agency may expend these funds on
projects that provide multiple benefits of ecosystem restoration, air quality improvement, and economic
recovery for severely disadvantaged communities.
(1) Of the amount appropriated pursuant to this paragraph, not less than twenty million dollars
($20,000,000) shall be available for purposes consistent with the New River Water Quality, Public Health,
and River Parkway Development Program, as described in Section 71103.6 of the Public Resources Code.
(2) Of the amount allocated pursuant to this section, the sum of one million dollars ($1,000,000) shall be
available for a Salton Sea Integrated Watershed Plan providing technical assistance for, outreach to, and
engagement with severely disadvantaged communities.
(p) Five million dollars ($5,000,000) to the Delta Stewardship Council for the Delta Science Program as
described in Section 85280.
(q) Fifty million dollars ($50,000,000) to the department for Urban Streams Restoration Program
competitive grants pursuant to Section 7048. The department shall allocate at least sixty-five (65%) of
these funds for projects that benefit disadvantaged communities. With the remaining funds, the
department shall seek to benefit poorer communities that do not qualify as disadvantaged communities.
(r) Twenty million dollars ($20,000,000) to the California Department of Forestry and Fire Protection for
grants for urban forestry projects that manage, capture or conserve stormwater, recharge local
groundwater supplies or improve water supplies or water quality through infiltration, sediment
management and erosion control pursuant to the California Urban Forestry Act, Chapter 2 (commencing
with Section 4799.06) of Part 2.5 of Division 4 of the Public Resources Code.
(s) Fifteen million dollars ($15,000,000) to the Delta Protection Commission for expenditures, grants, or
loans for projects that improve water quality by improving wastewater treatment in Delta legacy
communities (as described in section 32301(f) of the Public Resources Code) and at recreational facilities
in the Delta. Funds may be expended on wastewater improvement projects serving Delta legacy
communities, or Delta legacy community households with failing septic systems which threaten the
quality of groundwater or surface water supplies used for urban, agricultural or fisheries purposes. Funds
may also be allocated to improve and increase the efficiency and effectiveness of Delta recreational
facility wastewater treatment systems. Priority shall be given to projects that address public health
hazards. Projects may identify, plan, design, and implement regional mechanisms to consolidate
wastewater systems or provide affordable treatment technologies.
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(t) Twenty million dollars ($20,000,000) to the Department of Parks and Recreation for projects that
provide access to rivers for non-motorized recreation, and for grants to eligible entities as defined in
subdivision (a) of Section 86166 for this purpose. First priority shall be given to projects that include
matching funds, and to projects that serve disadvantaged communities and economically distressed
areas, whether or not they include cost sharing.
(u) (1) Twenty million dollars ($20,000,000) to the Wildlife Conservation Board for the construction of a
Pacific Flyway Center in the vicinity of the Suisun Marsh, to be operated by the California Department of
Fish and Wildlife. The Department of Fish and Wildlife may contract with a nonprofit organization to
operate the Center. The Center shall be used to educate the public about the importance of California’s
wetlands, agricultural lands (including rice) and riparian areas in benefitting waterfowl, shorebirds, native
plants and animals, the value of wetlands in absorbing gases that cause climate change, and similar
educational purposes. The operator of the Center shall make special efforts to bring people, and
especially students, from disadvantaged communities to the Center for educational purposes. If the
Wildlife Conservation Board determines that all or part of these funds is not needed to complete this
project, it may allocate the unneeded part of the funds to the purposes of paragraph (j) of this section.
(2) (A) Of the amount appropriated by paragraph (1), the Wildlife Conservation Board may make a
grant of up to four million dollars ($4,000,000) to a nonprofit organization whose principal purpose is
wildlife conservation to establish a trust fund, the interest from which shall be used exclusively to operate
the Pacific Flyway Center and bring people from disadvantaged communities to the Center.
(B) With the approval of the Department of Fish and Wildlife, the nonprofit organization can
transfer the operation of the Pacific Flyway Center to another nonprofit organization. If such a transfer
takes place, the trust fund shall be transferred to the new nonprofit organization.
(3) If the funds allocated by this section are not all used to construct the Pacific Flyway Center by
January 1, 2028, any remaining funds are appropriated to the Wildlife Conservation Board for the
purposes of Section 86123.
(v) Eighty million dollars ($80,000,000) to the Coastal Conservancy for the removal of Matilija Dam, and
for associated levee and flood control improvements, water supply improvements, and related projects
on Matilija Creek and the Ventura River, and for river parkway projects along the Ventura River. The
Conservancy may grant all or part of these funds to Ventura County. Highest priority for the river parkway
projects shall be those which benefit disadvantaged communities. If the Coastal Conservancy determines
that all or part of these funds is not needed to complete this project, it may allocate the unneeded part of
the funds to the purposes of paragraph (f) of this section.
(w) The sum of twenty-five million dollars ($25,000,000) to the University of California for the Natural
Reserve System for matching grants for land acquisition and for the construction and development of
facilities that will be used for research and training to improve the management of aquatic ecosystems,
natural lands and the preservation or conservation of California’s wildlife resources. Priority shall be given
to projects that advance research on the impacts of climate change, reduction of greenhouse gas
emissions, and adaptation of natural systems to the impacts of climate change.
(x) (1) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the Sierra Nevada
Conservancy for the purpose of awarding grants within the jurisdiction of the Conservancy to eligible
entities as defined in subdivision (a) of Section 86166 for the purpose of reducing the threat of wildfires
which would negatively impact watershed health. Projects may be for the purpose of hazardous fuel
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reduction, postfire watershed rehabilitation, forest management practices that promote forest resilience
to severe wildfire, climate change, and other disturbances, and development of local plans to reduce the
risk of wildfires that could adversely affect watershed health. Preference shall be given to grants which
include matching funds, but this preference may be reduced or eliminated for grants which benefit
disadvantaged communities or economically distressed areas.
(2) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the
Department of Forestry and Fire Protection for the purpose of awarding grants in areas outside the
jurisdiction of the Sierra Nevada Conservancy to eligible entities as defined in subdivision (a) of Section
86166 for the purpose of reducing the threat of wildfires which would negatively impact watershed
health. Projects may be for the purpose of hazardous fuel reduction, postfire watershed rehabilitation
and restoration, forest management practices that promote forest resilience to severe wildfire, climate
change, and other disturbances, and development of local plans to reduce the risk of wildfires that could
adversely affect watershed health. Preference shall be given to grants which include matching funds, but
this preference may be reduced or eliminated for grants which benefit disadvantaged communities or
economically distressed areas.
86083. Consistent with the other requirements of this chapter, funds spent pursuant to this chapter may
be used for grants to eligible entities as defined in subdivision (a) of Section 86166. Funds awarded to
eligible entities may be used for projects on land owned by a state or federal agency. With the exception of
funds allocated to grant programs, funds may also be used directly by the state agency receiving the
funds to implement watershed improvement projects consistent with this chapter. In making grants
pursuant to this chapter, agencies shall give high priority to applications that include cost sharing, and to
grants that benefit disadvantaged communities and economically distressed areas whether or not they
include cost sharing.
86084. (a) For a project to be eligible for funding pursuant to this chapter, the project shall have
watershed protection and restoration, water supply or water quality benefits, or ecosystem benefits
relating to rivers, streams, forests, meadows, wetlands or other water-related resources.
(b) (1) Funds appropriated pursuant to this chapter may be used for protection and restoration of forests,
meadows, wetlands, riparian habitat, coastal resources, and near-shore ocean habitat; to acquire land
and easements to protect these resources and avoid development that may reduce watershed health,
and to take other measures that protect or improve the quality or quantity of water supplies downstream
from projects funded in whole or in part by this chapter. Forest restoration projects, including but not
limited to hazardous fuel reduction, post-fire watershed rehabilitation, and forest management and tree
planting using appropriate native plants shall be based on the best available science regarding forest
restoration and must be undertaken to protect and restore ecological values and to promote forest
conditions that are more resilient to wildfire, climate change, and other disturbances.
(2) Fuel hazard reduction activities on United States Forest Service lands in the Sierra Nevada and
similar forest types shall be generally consistent with objectives of the Sierra Nevada Watershed
Improvement Program and the best available science, including United States Forest Service General
Technical Report 220 as it may be updated.
86085. Any entity receiving funds pursuant to this chapter that expends funds on private lands shall
secure an agreement or interest in the private lands to assure the purpose of the expenditure is
maintained for such time as is commensurate with the best practices for the type of project.
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86086. (a)(1) A local public agency, Indian tribe or nonprofit organization that receives funding for a
project pursuant to this chapter may use up to twenty percent (20%) of those funds to establish a trust
fund that is exclusively used to help pay for the maintenance and monitoring of that project.
(2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in a
project with money from this chapter and transfers the interest in the project to another public agency,
Indian tribe or nonprofit organization shall also transfer the ownership of the trust fund that was
established to maintain that interest in the project.
(3) This subdivision does not apply to state agencies.
(b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the
grant that it can maintain the project to be undertaken using funds otherwise available to the agency,
tribe or organization.
(c) The interest from the trust fund shall be used only to monitor the implementation of a project,
and maintain a project and its water supply and water quality benefits implemented pursuant to this
chapter.
(d) If an interest in a project is condemned or if the local public agency, Indian tribe or nonprofit
organization determines that the interest in the project is unable to fulfill the purposes for which money
from this chapter was expended, the trust fund and any unexpended interest are appropriated and shall
be returned to the agency that provided the money. The funds returned to the agency may be utilized
only for projects pursuant to this chapter.
86087. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or
multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code,
regardless of whether that Chapter is still in effect.
86088. By April 30, 2019, the Natural Resources Agency shall recommend provisions for grant
approval guidelines to each state agency that receives an appropriation pursuant to this chapter in
order to ensure appropriate consistency of the guidelines. Each agency shall consider the
recommendations of the Natural Resources Agency as they adopt their own guidelines.
86089. Agencies receiving funds pursuant to this chapter shall give high priority to projects that
benefit the native wildlife, birds and fishes of California.
CHAPTER 6.2. Land and Water Management for Water Supply Improvement.
86090. The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the
Wildlife Conservation Board for the purpose of awarding competitive grants to eligible entities as defined
in subdivision (a) of Section 86166 to improve the quality of public and private rangelands, wildlands,
meadows, wetlands, riparian areas and aquatic areas for the purpose of increasing groundwater recharge
and water supply from those lands, and for improving water quality consistent with protecting and
restoring ecological values.
86091. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or
multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code,
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regardless of whether that Chapter is still in effect.
86094. In making grants pursuant to this chapter, the Wildlife Conservation Board shall give highest
priority to projects which:
(a) Are most cost-effective in producing improved water supply or water quality, and which provide
the greatest fish and wildlife benefits.
(b) Include matching funds.
(c) Benefit disadvantaged communities and economically distressed areas.
(d) Are for the purpose of invasive plant control and eradication, restoration of riparian habitat, meadows
and wetlands, and other projects that improve the flow of water from the lands, and reduce the use of
water by invasive plant species.
86096. For a project to be eligible for funding pursuant to this chapter, the project shall have water
supply or water quality benefits or both. A project that targets the removal of invasive plants to increase
water supply shall only be funded if the applicant guarantees that the land from which plants will be
removed will be maintained.
86097. (a)(1) A local public agency, Indian tribe or nonprofit organization that receives funding under this
chapter may use up to twenty percent (20%) of those funds to establish a trust fund that is exclusively
used to help pay for the maintenance and monitoring of the funded project.
(2) A local public agency, Indian tribe or nonprofit organization that undertakes a project with
money from this division and can no longer maintain the project shall transfer the ownership of the trust
fund to another public agency, Indian tribe or nonprofit organization that is willing and able to maintain
that project.
(3) This subdivision does not apply to state agencies.
(b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the
grant that it can maintain the project in an appropriate condition.
(c) The interest from the trust fund established from the funds available pursuant to this section shall
be used only to maintain a project and its water supply and water quality benefits implemented
pursuant to this chapter.
(d) If the interest in a project is condemned or if the local public agency, Indian tribe or nonprofit
organization determines that the interest in the project is unable to fulfill the purposes for which money
from this chapter was expended, the trust fund and any unexpended interest are appropriated and shall
be returned to the Wildlife Conservation Board. The funds returned may be utilized only for projects
authorized by this chapter.
86098. In implementing this chapter, the Wildlife Conservation Board may provide incentives to
landowners for conservation actions on private lands or use of voluntary habitat credit exchange
mechanisms.
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86099. At least ten percent (10%) of the funds available pursuant to this section shall be allocated for
projects that provide a direct benefit to disadvantaged communities. These benefits may include range
improvement, among other benefits. These projects may include technical assistance for, outreach to,
and engagement with disadvantaged communities.
CHAPTER 6.3. Conservation Corps.
86105. The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the California
Conservation Corps for projects to protect, restore, and improve the health of watershed lands, including
forest lands, meadows, wetlands, chaparral, riparian habitat and other watershed lands. Projects may
include, but are not limited to, regional and community fuel hazard reduction projects on public lands,
invasive species removal, and stream, river, and riparian restoration projects. The California Conservation
Corps shall allocate at least fifty percent (50%) of the funds pursuant to this section for grants to certified
local conservation corps. Projects shall improve water quality, water supply reliability, or riparian or
watershed health. Projects shall be undertaken in coordination with a nonprofit organization or public
agency.
CHAPTER 6.4. Central Valley Fisheries Restoration.
86106. (a) The people of California find and declare that the protection, restoration and enhancement of
native fish populations (including anadromous salmonids) of the Central Valley is necessary for the
ecological and economic health of the State of California.
(b) Fish need both suitable habitat and appropriately timed flows in rivers and their tributaries.
(c) The State Water Resources Control Board shall take note of the funding provided by this chapter and
the resulting fish habitat restoration as the Board determines flows necessary to restore Central Valley
native fish populations and fisheries.
(d) Many state and federal agencies, including the Department of Water Resources, Department of Fish
and Wildlife, Delta Stewardship Council, Delta Conservancy, Wildlife Conservation Board, Central Valley
Flood Protection Board, and federal Bureau of Reclamation, United States Fish and Wildlife Service, and
National Marine Fisheries Service have prepared policies and plans to restore Central Valley native fish
and fisheries habitat, but these policies and plans are not fully funded.
(e) Many state and federal laws require the restoration of Central Valley native fish populations and
fisheries habitat, but funding has not been fully available to carry out the requirements of these laws.
(f) The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the California
Natural Resources Agency for the restoration of Central Valley populations of native fish and fisheries
habitat.
(1) (A) The Secretary of the Natural Resources Agency shall appoint a Central Valley Fisheries
Advisory Committee made up of representatives from the Central Valley Salmon Habitat Partnership,
appropriate local, state and federal fish and water management and other agencies, nonprofit
organizations, commercial fishing organizations, universities, local agencies and Indian tribes with
relevant scientific expertise including representation from the upper watersheds. The committee shall
advise the Secretary on the annual expenditure of funds appropriated pursuant to this Chapter. The
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committee may solicit projects, and direct the creation of projects pursuant to this chapter, subject to
approval by the Secretary.
(B) The committee shall work closely with representatives from each river basin in the Central
Valley, including local government and water agencies, Indian tribes, and nonprofit organizations, to
develop projects that are most suitable for the conditions in the basin, and which meet the other
requirements of this section.
(C) In proposing projects, the committee shall take into account the entire life cycle of the fish
species to be benefitted, and shall consider the interaction of the effects of each project within a river
basin with projects in other river basins. The committee shall also consider adverse impacts resulting
from poor watershed health, including severe wildfire and extensive tree mortality.
(2) Projects funded pursuant to this section shall increase self-sustaining populations of native
fish, or contribute to an existing fish population becoming self-sustaining in the future, with a minimal
requirement of expenditures to continue to operate the project. No funds may be expended on fish
hatcheries.
(3) The committee shall give high priority to projects that provide multiple benefits, such as
improved flood management, improved water quality, improved water supply, enhanced groundwater
sustainability, aquifer remediation and reduction of emission of greenhouse gases, while also improving
conditions for native fish species and their habitats. The committee shall also give high priority to projects
that can be integrated into an existing flow regime and provide multi-species benefits over a range of
flow conditions. The committee shall also give high priority to projects that are consistent with recovery
plan and resiliency strategies for native California fish species.
(4) Expenditures shall be for capital outlay projects, such as conservation easements, water
measurement needed to measure the effects of the project, projects that restore or enhance fisheries
habitat such as floodplain expansion, reintroductions of fish into their historical habitat, improved fish
passage opportunities, creation or enhancement of spawning and rearing habitat and other projects.
Acquisition of land or easements as part of a fisheries enhancement project must be from willing sellers.
Project costs shall include the costs of planning, environmental review, mitigation of the impacts of the
project, and permitting. High priority shall be given to projects that provide adult and juvenile fish access
to or fish passage through agricultural fields or floodplain habitats that will provide enhanced juvenile
rearing and food production opportunities.
(5) Of the funds authorized by this section, the Secretary of the Natural Resources Agency may
allocate up to ten million dollars ($10,000,000) for one or more grants for capital outlay and related
programmatic purposes to institutions of higher education for facilities that can be used to improve
scientific and technical coordination, communication and training among those institutions, the
department, the Department of Fish and Wildlife, the State board and other state agencies to assure that
developments in ecosystem and fisheries science and management are deployed and employed across
higher education institutions and state government agencies.
(g) Based on the recommendations of the committee, the Secretary of the Natural Resources Agency may
make grants to any state or local agency, Indian tribe, or nonprofit organization to carry out the purpose
of this section. The Secretary shall give high priority to projects that include matching funds, projects with
a local agency as the lead agency, and projects supporting proposed actions in the Sacramento Valley
Salmon Resiliency Strategy (as published by the California Natural Resources Agency in June 2017, and as
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it may be amended), the National Marine Fisheries Service California Central Valley Steelhead Recovery
Plan and other similar strategies as they are adopted.
(h) Of the amount appropriated pursuant to this section, not less than thirty-five million dollars
($35,000,000) shall be available for projects to restore rivers and streams in support of fisheries and
wildlife, including, but not limited to, reconnection of rivers with their floodplains, riparian and side-
channel habitat restoration pursuant to the California Riparian Habitat Conservation Program, Chapter
4.1 (commencing with Section 1385) of Division 2 of the Fish and Game Code, and restoration and
protection of upper watershed forests and meadow systems that are important for fish and wildlife
resources. Subdivision (f) of Section 79738 of the Water Code applies to this subdivision. Priority shall be
given to projects supported by multi-stakeholder public or private partnerships, or both, using a science-
based approach and measurable objectives to guide identification, design, and implementation of
regional actions to benefit salmon and steelhead.
(i) Of the amount appropriated pursuant to this section, five million dollars ($5,000,000) shall be available
to assist in the development of the Central Valley Salmon Partnership Habitat Implementation Plan.
(j) The Secretary shall give high priority to the removal of Dennett Dam on the Tuolumne River, if
additional funds are still needed to complete removal of the Dam.
(k) A local public agency, Indian tribe or nonprofit organization receiving funding under this chapter may
use up to twenty percent (20%) of those funds to establish a trust fund, the proceeds of which shall be
used exclusively to pay or help pay for the maintenance and monitoring of the project being funded.
(1) If the local public agency, Indian tribe or nonprofit organization is unable to continue to
maintain and monitor the project, it may transfer ownership of the trust fund to another public agency,
Indian tribe or nonprofit organization, with the approval of the Secretary of the Natural Resources
Agency.
(2) This subdivision does not apply to state agencies.
(3) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
pursuant to paragraph (1), the agency, tribe or organization shall certify to the Secretary of the Natural
Resources Agency that it can maintain the project from funds otherwise available to the agency, tribe or
organization.
(4) If all or part of the project cannot be maintained or is condemned, the trust fund and any
unexpended interest are appropriated to the California Natural Resources Agency. The funds returned to
the Agency may be utilized only for projects pursuant to this chapter.
(l) Of the amount appropriated to the California Natural Resources agency pursuant to this section, seven
million dollars ($7,000,000) is appropriated to the Department of Fish and Wildlife for native fish
restoration projects on the upper Feather River below Oroville dam for gravel restoration, streambed
restoration, and salmon habitat restoration projects.
CHAPTER 7. Groundwater Sustainability and Storage.
86110. (a) The sum of six hundred seventy-five million dollars ($675,000,000) is appropriated from the
Fund to the department for projects and programs that support sustainable groundwater management
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consistent with Part 2.74 of Division 6 (commencing with Section 10720). The funds shall be used for
competitive grants that advance sustainable groundwater management through implementation of
groundwater sustainability plans and projects that protect, enhance, or improve groundwater supplies. At
least ten percent (10%) of all grants made pursuant to this paragraph shall be made to groundwater
sustainability agencies whose groundwater basins underlie disadvantaged communities.
(b) The sum of ten million dollars ($10,000,000) is appropriated from the fund to the State board, for use
by the Office of Sustainable Water Solutions to implement a multidisciplinary technical assistance
program for small and disadvantaged communities, and support the involvement of disadvantaged
communities and the public in groundwater sustainability agencies and in the development and
implementation of groundwater sustainability plans.
86111. (a) Of the funds authorized by section 86110, six hundred forty million dollars ($640,000,000) shall
be available for grants to groundwater sustainability agencies implementing groundwater sustainability
plans pursuant to subdivision (k) of Section 10721 for the following purposes:
(1) Groundwater recharge and storage projects including but not limited to acquisition of land
and groundwater pumping allocations from willing sellers, planning of facilities such as feasibility studies
and environmental compliance, distribution systems, and monitoring facilities. No grant made pursuant
to this section shall exceed twenty million dollars ($20,000,000).
(2) Projects that implement groundwater sustainability plans pursuant to Part 2.74 of Division 6
(commencing with Section 10720). Projects eligible for funding include but are not limited to feasibility
studies, environmental compliance, engineering work used to develop groundwater use and sustainable
yield for specific projects, well use measurement and innovative decision support tools.
(3) Projects that assess and address saltwater intrusion including future impacts related to
climate change.
(4) Matching grants to groundwater sustainability agencies to develop groundwater sustainability
plans pursuant to subdivision (k) of Section 10721. No grant shall exceed one million dollars ($1,000,000),
and no groundwater sustainability agency shall receive more than one grant.
(b) Of the funds authorized by this section, the sum of five million dollars ($5,000,000) shall be available
for research to guide investments made pursuant to this section. Research activities may include, but are
not limited to, geophysical surveys, system-level modeling and analysis, development of novel methods
and tools that can be applicable to local decision-making, cross-sector economic and policy analysis of
novel recharge methods, and development of new approaches to significantly enhance groundwater
recharge and fit-for-purpose water treatment and reuse.
(c) Of the funds authorized by this section, the department may allocate up to ten million dollars
($10,000,000) for the development of publicly accessible decision support tools to assist groundwater
sustainability agencies in conducting drinking water quality analysis, including the development and
assessment of sustainable yield, undesirable results, measurable objectives and other required targets.
The decision support tools should also support vulnerability assessments to help determine communities
that may be at risk of facing water supply or contamination challenges. The tools should be available for
other efforts such as drought vulnerability assessments and shall be linked to the Human Right to Water
indicator housed at the State board.
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(d) Of the funds authorized by this section, the department may allocate up to five million dollars
($5,000,000) for one or more grants for capital outlay and related programmatic purposes to institutions
of higher education for facilities that can be used to improve communication and coordination among
these institutions, the department and the State board in order to assure that developments in
groundwater science and management are efficiently deployed and employed across higher education
institutions and state government agencies.
(e) A local public agency, Indian tribe or nonprofit organization receiving funding under this section may
use up to twenty percent (20%) of those funds to establish a trust fund used exclusively to pay or help pay
for the maintenance and monitoring of the agency’s or organization’s interest in land acquired pursuant
to this section.
(1) If the local public agency, Indian tribe or nonprofit organization that acquired an interest in
land with money from this section decides to transfer that interest to another public agency, Indian tribe
or nonprofit organization, the ownership of the trust fund established to maintain that interest in land
shall also be transferred.
(2) This subdivision does not apply to state agencies.
(3) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund
pursuant to this subdivision the agency, tribe or organization shall certify to the state agency making the
grant that it can maintain the land to be acquired from funds otherwise available to the agency, tribe or
organization.
(4) If the interest in land is condemned or if the local public agency, Indian tribe or nonprofit
organization determines that the interest in land is unable to fulfill the purposes for which money from
this chapter was expended, the trust fund and any unexpended interest are appropriated to the agency
that provided the money. The funds returned to the agency may be utilized only for projects pursuant to
this chapter.
86112. (a) The department shall give priority for funding pursuant to this chapter to the following in equal
priority:
(1) Groundwater basins designated by the department as critically overdrafted basins,
groundwater basins which are in danger of becoming critically overdrafted, and groundwater basins
where surface and groundwater are interconnected.
(2) Groundwater basins with documented water quality problems, land subsidence, impacts on
surface streams or groundwater dependent ecosystems, or other undesirable results as defined by
subdivision (x) of Section 10721.
(3) Groundwater basins that protect important state-owned resources, such as state parks and
wildlife areas.
(4) Projects that support the use of floodwaters of acceptable water quality to recharge
groundwater basins. This innovative multi-benefit concept brings together four important California
water management objectives, including flood hazard reduction, sustainable groundwater
management, ecosystem restoration, and water supply reliability.
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(A) Projects may include adaptive modification of flood and conservation storage operations
at reservoirs, modifications to spillway facilities at existing reservoirs, inundation of new or expanded
flood bypasses or temporary flood storage land areas, application of floodwaters to agricultural lands
during fallow or dormant seasons, or increased use of existing groundwater recharge facilities.
(B) Projects may include using floodwaters for recharge of groundwater projects, with both
flood hazard reduction and groundwater sustainability benefits.
(C) Projects that provide benefits in flood hazard reduction and groundwater sustainability.
Project feasibility can also be supported by ecosystem restoration and water supply benefits.
(b) Of the amount appropriated in section 86110, the department may use up to ten million dollars
($10,000,000) for the following purposes:
(1) Assess statewide potential for use of floodwaters for recharge and prioritize locations based
upon proximity and conveyance connections in the State with flood hazard reduction and groundwater
sustainability needs.
(2) Complete a pilot study of a priority location to demonstrate potential water resources
management innovations to facilitate flood hazard reduction and groundwater recharge.
(3) Identify and demonstrate use of analytical tools and innovative water management
techniques to support development of available floodwaters and recharge of groundwater basins.
(4) Develop economic monetization techniques of groundwater recharge benefits.
(5) Demonstrate application of the department’s climate change methodology to both water
supply and flood management applications.
(6) Provide technical assistance to groundwater sustainability and local flood management
agencies, as well as coordination with state and federal flood agencies.
(c) The department shall consider the following criteria when awarding grants:
(1) The potential of the project to prevent or correct undesirable results due to groundwater use.
(2) The potential of the project to maximize groundwater storage, reliability, recharge or
conjunctive use.
(3) The potential of the project to support sustainable groundwater management.
(4) The annualized cost-effectiveness of the project to achieve the goals of the Sustainable
Groundwater Management Act, Chapter 2.74 of Division 6 (commencing with Section 10720).
(d) Eligible entities as defined in subdivision (a) of Section 86166, including groundwater sustainability
agencies, shall be eligible for grants. Priority for funding shall be given to local agencies implementing the
Sustainable Groundwater Management Act.
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(e) For purposes of awarding funding under this chapter, a local cost share of not less than fifty percent
(50%) of the total cost of the project shall be required. The cost-sharing requirement may be waived or
reduced for that portion of a project that directly benefits a disadvantaged community or economically
distressed area, or for projects the majority of whose benefits are to restore ecosystems dependent on
groundwater.
(f) No grant may be made unless the Department of Fish and Wildlife certifies that harm done to fish or
wildlife as a result of the project will be mitigated to ensure any potential impacts are less than
significant.
(g) Eligible projects may include such infrastructure improvements such as improved canal and infiltration
capacity.
86113. (a) For purposes of this section, “District” means the Borrego Water District.
(b) Of the amount appropriated in Section 86110, thirty-five million dollars ($35,000,000) shall be
awarded as a grant to the District for the following programs:
(1) Acquisition of land and acquisition of the right to pump groundwater from willing sellers to
reduce groundwater pumping in order to bring groundwater pumping within the boundaries of the
Borrego Springs Subbasin of the Borrego Valley Groundwater Basin to a level that is sustainable on a long-
term basis pursuant to the Sustainable Groundwater Management Act, Chapter 2.74 of Division 6
(commencing with Section 10720). Lands acquired may be transferred to the Department of Parks and
Recreation, a nonprofit organization or another public agency for future management.
(2) Water end-use efficiency, including urban and agricultural water conservation, and water
conservation on recreational facilities such as golf courses.
(3) Restoration of lands acquired pursuant to this section.
(4) Stormwater capture for groundwater basin recharge and re-use.
(5) Other District projects implementing the Sustainable Groundwater Management Act.
(c) (1) No cost sharing by the District is required to implement this section. This is justified because the
community of Borrego Springs is a severely disadvantaged community, and because excessive
groundwater pumping can impact important resources in Anza-Borrego Desert State Park whose 500,000
annual visitors contribute an estimated forty million dollars ($40,000,000) annually to the region, as well
as support 600 jobs.
(2) The District may require cost sharing by beneficiaries when making grants pursuant
paragraphs (2) and (4) of subdivision (b).
(d) As a condition of this grant, the District must agree to:
(1) Implement measures which assure that lands not presently being irrigated will not come into
irrigation, and that presently irrigated lands will not become more intensively irrigated; and
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(2) Require new development to pay all costs of water purchases the District incurs, and all costs
of water projects the District undertakes in order to accommodate that development.
(e) (1) The District or a nonprofit organization that receives funding pursuant to this chapter to acquire an
interest in land may use up to twenty percent (20%) of those funds to establish a trust fund that is
exclusively used to help pay for the maintenance, monitoring and restoration of that interest in land.
(2) The District or a nonprofit organization that acquires an interest in land with money from this
chapter and transfers the interest in land to another public agency or nonprofit organization shall also
transfer the ownership of the trust fund that was established to maintain that interest in land.
(3) This subdivision does not apply to state agencies.
(4) If the District or nonprofit organization does not establish a trust fund pursuant to this
subdivision, the agency or organization shall certify to the department that it can maintain the land to be
acquired from funds otherwise available to the agency or organization.
(5) If the interest in land is condemned or if the District or nonprofit organization determines that
the interest in land is unable to fulfill the purposes for which money from this chapter was expended, the
trust fund and any unexpended interest are appropriated to the District. The funds returned to the
District may be utilized only for projects pursuant to this chapter.
(f) Any funds not needed by the District to implement the program described in this section may be
granted by the District to a nonprofit organization or the California Department of Parks and Recreation
to acquire lands adjacent to or in the immediate proximity of Anza-Borrego Desert State Park to prevent
development or irrigation of that land which might impact groundwater resources in the Park. These
lands may be inside or outside the boundaries of the District, but must be within the boundaries of the
Borrego Springs Subbasin of the Borrego Valley Groundwater Basin, which is the source of all potable
water for the Borrego Springs community and visitors to the Park. The lands may be used for wildlife
habitat.
(g) The District may award grants to nonprofit organizations in order to carry out all or part of the
programs authorized by this section.
CHAPTER 8. Water for Wildlife, Pacific Flyway Restoration, and Dynamic Habitat Management.
86120. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the
Wildlife Conservation Board (hereinafter in this section “the Board”) to acquire water from willing sellers
and to acquire storage and delivery rights to improve conditions for fish and wildlife in streams, rivers,
wildlife refuges, wetland habitat areas and estuaries. High priority shall be given to meeting the water
delivery goals of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). The Board
may arrange for acquisition, long-term lease agreements, or transfer of water rights if it determines such
actions are beneficial to wildlife conservation. The Board may sell, transfer, or store water or storage
rights purchased pursuant to this section, if the Board finds that the sale, transfer or storage will not
cause harm to fish and wildlife. In years when the Board does not require the water for fish and wildlife
purposes, the Board may temporarily sell or lease the water or delivery rights. Notwithstanding Section
13340 of the Government Code, the proceeds of any water sales pursuant to this section by the Board are
appropriated directly to the Board without regard to fiscal year. The Board shall use the proceeds of the
sale, lease or transfer of water or delivery rights to achieve conservation purposes authorized by this
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section. The acquisition of water using funds expended pursuant to this chapter shall only be used for
projects that will provide fisheries, wildlife or ecosystem benefits.
86121. The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the California
Department of Fish and Wildlife for the purpose of improving water supply and water quality conditions
for fish and wildlife on private lands. The California Department of Fish and Wildlife may provide
incentives to landowners for conservation actions on private lands or use of voluntary habitat credit
exchange mechanisms. Such incentives shall be designed to be appropriately flexible and responsive to
the highly variable amounts of water required by fish and wildlife.
The Department of Fish and Wildlife shall use a portion of the funds provided by this section to develop a
programmatic authorization to expedite approval of habitat restoration and water quality improvement
projects not covered under Chapter 6.5 of Division 2 of the Fish and Game Code, and for the
implementation of that Chapter.
86122. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the
Wildlife Conservation Board for coastal and Central Valley salmon and steelhead fisheries restoration
projects. The Wildlife Conservation Board shall give priority to projects that contribute to the recovery of
salmon and steelhead species listed pursuant to the state or federal endangered species acts, to enhance
commercial and recreational salmon fisheries and to achieve the goals of Chapter 8 of Part 1 of Division 6
(commencing with Section 6900) of the Fish and Game Code.
(a) Of the amount appropriated by this section, up to one hundred million dollars ($100,000,000) shall be
spent for matching grants to local agencies for capital outlay projects to implement programs to improve
fish passage opportunities and to restore anadromous salmonid habitats, particularly juvenile rearing
habitat for spring run salmon, on rivers in the Sacramento Valley that have dams blocking the main stem
of the river.
(b) Of the amount appropriated by this section, at least one hundred million dollars ($100,000,000) shall
be spent to install fish screens on the Sacramento and San Joaquin Rivers and their tributaries and in the
Delta to screen anadromous fish from water intakes. High priority shall go to projects identified as high
priority in the Sacramento Valley Salmon Resiliency Strategy (as published by the California Natural
Resources Agency in June 2017, and as it may be amended).
86123. (a) The sum of two hundred eighty million dollars ($280,000,000) is appropriated from the Fund to
the Wildlife Conservation Board for projects to protect migratory birds through habitat acquisition,
easements, restoration, or other projects, and to provide water for wildlife refuges and wildlife habitat
areas to fulfill the purposes identified in the Central Valley Joint Venture Implementation Plan, as it may
be amended, including:
(1) Projects to implement this section which may include conservation actions on private lands.
(2) Protection and restoration of riparian and wetland habitat in the Sacramento River Basin.
(3) Protection and restoration of riparian and wetland habitat in the San Joaquin and Tulare
Basins.
(b) Of the amount appropriated by this section, forty million dollars ($40,000,000) shall be deposited in
the California Waterfowl Habitat Preservation Account established pursuant to Section 3467 of the Fish
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and Game Code, for the purposes of implementing the California Waterfowl Habitat Program pursuant to
Article 7 (commencing with Section 3460) of Chapter 2 of Part 1 of Division 4 of the Fish and Game Code,
the California Landowner Incentive Program of the Department of Fish and Wildlife, the Permanent
Wetland Easement Program of the Wildlife Conservation Board, and the establishment or enhancement
of waterfowl nesting and other wildlife habitat cover on fallowed lands including projects authorized
pursuant to Section 1018.
(c) Of the amount appropriated by this section, ten million dollars ($10,000,000) shall be deposited in the
Shared Habitat Alliance for Recreational Enhancement (SHARE) Account established pursuant to Section
1572 of the Fish and Game Code and administered by the Department of Fish and Wildlife for the
purposes of providing hunting and other wildlife-dependent recreational opportunities to the public
through voluntary agreements with private landowners.
(d) Of the amount appropriated by this section, at least one hundred and ten million dollars
($110,000,000) shall be expended for acquisition and delivery of water to wildlife refuges, and associated
infrastructure projects, to achieve full compliance with the terms of subsection (d) of Section 3406 of the
Central Valley Project Improvement Act (Title 34 of Public Law 102-575).
CHAPTER 8.6. Sacramento Region Water Reliability and Habitat Protection.
86124. (a) Ten million dollars ($10,000,000) is appropriated from the Fund to the department for grants
to the Regional Water Authority and to the City of Sacramento on behalf of the Sacramento Area Water
Forum for projects that are consistent with the coequal objectives of the Water Forum Agreement.
Eligible projects include facilities, studies and other actions to improve flow and temperature conditions
and habitat in the lower American River, increase water use efficiency and conservation, or improve the
integration of surface water and groundwater supplies to provide for dry year water supply reliability.
(b) The Regional Water Authority and the Water Forum shall jointly develop and approve studies,
projects, or programs to be funded by the grants. Highest priority shall be given to improving water
temperature conditions in the lower American River, and to projects or programs that contribute to both
of the Water Forum’s coequal objectives of improving water supply and protecting the environment. The
Regional Water Authority will be the grantee for water supply and water efficiency projects. The City of
Sacramento, on behalf of the Water Forum, will be the grantee for environmental protection, water
temperature studies, and habitat restoration projects.
(c) The amount allocated in aggregate to the package of projects shall not exceed fifty percent (50%) of
the projects’ total cost.
(d) No funds appropriated pursuant to this section may be spent to build new surface storage or raise
existing reservoirs.
CHAPTER 9. Bay Area Regional Water Reliability.
86125. Two hundred and fifty million dollars ($250,000,000) is appropriated from the Fund to the
department for a grant to the group of eight water agencies collectively known as the Bay Area Regional
Reliability Partnership (BARR) for new facilities that extend the benefits of surface water storage for
region-wide benefits in any of the following areas: drought supply reliability, drinking water quality, and
emergency storage, as generally described in the Final Mitigation Project List contained in the San
Francisco Bay Area Regional Reliability Drought Contingency Plan. The Contra Costa Water District may
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receive the grant on behalf of the Partnership unless the BARR Partnership has a governance structure in
place at the time of the grant award that makes its eligible to receive the funds directly. The participating
water agencies in the San Francisco Bay Area Regional Reliability Drought Contingency Plan will
determine and designate funds to one or any of the listed projects, however in no case will the amount
determined for any single project be more than 50% of the project’s total cost. No funds appropriated
pursuant to this section may be spent to build new surface storage, or raise existing reservoirs.
CHAPTER 10. Improved Water Conveyance and Water Conservation.
86126. Even though the drought has eased, the effects of the drought are still being felt in many areas
throughout the state, including the San Joaquin Valley. Further exacerbating the impact of drought
conditions on water users were legal requirements restricting pumping from the Sacramento-San Joaquin
Delta. One of the consequences of both the drought and pumping restrictions was a significant increase
in groundwater pumping as a means to replace reduced surface supplies. Such increase in groundwater
pumping lowers groundwater tables, which in turn causes wells to go dry and land to subside, which has
particularly been the case on the east side of the San Joaquin Valley. The Friant-Kern Canal has lost 60%
of its capacity to convey water for both consumptive uses and groundwater recharge. Unless conveyance
capacity is restored and increased, the subsidence will continue to get worse and those local
communities, including disadvantaged communities, who largely rely on groundwater to serve their
citizens, will continue to suffer adverse effects. Significant public benefits will result from this state
investment, including avoiding increased unemployment, stabilization of groundwater, and securing a
more stable food supply for California.
86127. The sum of seven hundred fifty million dollars ($750,000,000) is appropriated from the Fund to
the department for a grant to the Friant Water Authority for water conveyance capital improvements,
including restored and increased conveyance capacity to and in the Madera and Friant-Kern canals,
resulting in greater groundwater recharge, improved conveyance and utilization of floodwaters, and for
water conservation. Improvements with funds provided by this paragraph shall be completed consistent
with applicable state and federal laws and contracts.
86128. The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the
Natural Resources Agency for actions that support projects defined in paragraph 11 in the settlement
agreement to restore the San Joaquin River referenced in Section 2080.2 of the Fish and Game Code.
Before expenditure may occur, formal concurrence on specific projects to be undertaken is required by
the settling parties to the agreement.
86129. The diversion of water from Barker Slough to the North Bay Aqueduct adversely impacts listed fish
species, and also adversely impacts water quality served to a large urban area. There would be multiple
public benefits to relocating the diversion to the North Bay Aqueduct to the Sacramento River.
86130. The sum of five million dollars ($5,000,000) is appropriated from the fund to the department to
plan for a diversion of water from the Sacramento River to the North Bay Aqueduct to reduce the adverse
impact on listed fish species, and provide a higher quality of drinking water to those served by the
Aqueduct.
CHAPTER 11. Oroville Dam Flood Safety.
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86131. Oroville Dam provides flood control for the Sacramento Valley. The inclusion of flood control at
Oroville Dam was not an obligation of the public water agencies that receive water from Oroville Dam.
The flood control function of Oroville Dam was paid for by the federal government.
86132. The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the
department for repair and reconstruction of the spillways at the Oroville Dam.
86133. The sum of twenty-one million dollars ($21,000,000) is appropriated from the Fund to the
department. Fifteen million dollars ($15,000,000) shall be spent for Feather River sediment management
and removal between Live Oak and Verona in coordination with the Sutter Butte Flood Control Agency.
Six million dollars ($6,000,000) of these funds shall be awarded as a grant to the Sutter Butte Flood
Control Agency for floodwater attenuation projects at the Oroville Wildlife Area that provide downstream
flood control relief and ecosystem restoration.
86134. The sum of one million dollars ($1,000,000) is appropriated from the Fund to the department for a
grant to Butte County for capital outlay projects and equipment for emergency preparedness
coordination and communications consistent with the California Office of Emergency Services
Standardized Emergency Management System (SEMS).
CHAPTER 12. General Provisions.
86151. (a) In projects involving voluntary habitat restoration, water quality improvement and multi-
benefit floodplain restoration each agency administering provisions of this division shall encourage
interagency coordination and develop and utilize efficient project approval and permitting mechanisms,
including but not limited to the provisions of Chapter 6.5 of Division 2 of the Fish and Game Code
(regardless of whether that chapter is still in effect) and programmatic permits for voluntary habitat
restoration, so as to avoid project delays and maximize the amount of money spent on project
implementation.
(b) Projects designed to primarily protect migratory birds through acquisition, easements, restoration or
other projects shall be consistent with the plans and recommendations established by the federal
Migratory Bird Joint Venture partnerships that encompass parts of California.
(c) Any agency providing funds pursuant to this division to disadvantaged communities or economically
distressed areas may provide funding to assist these communities in applying for that funding, including
technical and grant writing assistance. These funds may be provided to nonprofit organizations and local
public agencies assisting these communities.
(d) Any agency receiving funds pursuant to this division may contract for the services of resource
conservation districts pursuant to Section 9003 of the Public Resources Code.
(e) Agencies may count in-kind contributions up to twenty-five percent (25%) of the total project cost as
part of cost sharing. Agencies may count the value of the donated land in a bargain sale as part of cost
sharing.
(f) Agencies considering proposals for acquisition of lands shall also consider the ability of the proposed
final owner of the land to maintain it in a condition that will protect the values for which it is to be
acquired, and to prevent any problems that might occur on neighboring lands if the land is not properly
managed.
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(g) Trust funds established pursuant to this act shall be managed pursuant to the requirements of the
Uniform Prudent Management of Institutional Funds Act, Part 7 (commencing with Section 18501) of
Division 9 of the Probate Code.
(h) Projects designed to primarily protect riparian habitat through acquisition, easements, restoration or
other projects shall consider the plans and recommendations established by the California Riparian
Habitat Conservation Program pursuant to Chapter 4.1 of Division 2 of the Fish and Game Code
(commencing with Section 1385).
(i) The administering agency shall provide advance payment of 50% of grant awards for those projects
that satisfy both of the following criteria:
(1) The project proponent is a disadvantaged community or eligible entity as defined in
subdivision (a) of Section 86166, or the project benefits a disadvantaged community.
(2) The grant award for the project is less than one million dollars ($1,000,000).
(j) Eligible grant costs shall include indirect costs as defined in federal Office of Management and Budget
guidelines, as well as reasonable overhead costs.
(k) Agencies receiving funds designated for specific programs or grantees shall expedite the expenditure
or transfer of those funds with the least amount of process necessary to comply with existing state laws
and regulations, and the requirements of this division. It is the intent of this division that the expenditure
or transfer of funds shall be efficient, cost-effective, and expeditious, and generally should occur no later
than 90 days from demonstrated eligibility by the recipient for the funds requested.
86152. Agencies shall, to the extent practicable, quantify the amount of water generated for human and
environmental use resulting from proposed expenditures they make pursuant to this division. Agencies
shall, to the extent practicable, quantify the improvement in the quality of water generated for human
and environmental use resulting from proposed expenditures they make pursuant to this division.
86153. To the extent consistent with the other provisions of this division, statewide agencies making
grants pursuant to this division shall seek to allocate funds equitably to eligible projects throughout the
state, including northern and southern California, coastal and inland regions, and Sierra and Cascade
foothill and mountain regions.
86154. Applicants for grants pursuant to this division shall indicate whether the grant proposal is
consistent with the local Integrated Regional Water Management Plan, if one exists. However,
consistency with the Integrated Regional Water Management Plan shall not be required as a condition of
any grant, and grant proposals shall not be given lower priority if they are not consistent with Integrated
Regional Water Management Plans.
86155. (a) Notwithstanding any other provision of this division, a local public agency with a population of
less than 100,000 and a median household income of less than one hundred percent (100%) of the state
average household income shall be required to provide matching funds of no more than thirty-five
percent (35%) for a grant for a project entirely within their jurisdiction. State agencies making grants to
these local public agencies may provide funding in advance of construction of portions of the project, if
the state agency determines that requiring the local public agency to wait for payment until the project is
completed would make the project infeasible.
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(b) Nothing in this section prohibits a state agency from making a grant to a disadvantaged community or
economically distressed area that does not require cost sharing.
86156. Any repayment of loans made pursuant to this division, including interest payments, and interest
earnings shall be deposited in the Fund and shall be available solely for the purposes of the chapter or
section that authorized the loan.
86157. (a) Each state agency that receives an appropriation of funding made available by this division
shall be responsible for establishing metrics of success and reporting the status of projects and all uses of
the funding on the state’s bond accountability Internet Web site.
(b) Each state agency that receives an appropriation of funding made available by this division
shall do the following:
(1) Evaluate the outcomes of projects funded by this division.
(2) Include in the agency’s reporting pursuant to Section 86003 the evaluation described in
subdivision (a) of this section.
(3) Hold a grantee of funds accountable for completing projects funded by this division on
time and within scope.
86158. (a) For projects carried out by state agencies pursuant to this division, up to ten percent (10%) of
funds allocated for each program funded by this division may be expended for planning, monitoring and
reporting necessary for the successful design, selection, and implementation of the projects and
verification of benefits. An eligible entity receiving a grant for a project pursuant to this division may also
receive sufficient funds for planning, monitoring and reporting necessary for the successful design,
selection, and implementation of the projects. This section shall not otherwise restrict funds ordinarily
used by an agency for “preliminary plans,” “working drawings,” and “construction” for a capital outlay
project or grant project.
(b) Permit and plan check fees and reasonable administrative and indirect project fees and costs related
to managing construction shall be deemed part of construction costs. Project costs allocated for project
planning and design, and direct and indirect administrative costs shall be identified as separate line items
in the project budget.
86159. Notwithstanding Section 16727 of the Government Code, funding provided pursuant to Chapters 6
and 8 may be used for grants and loans to nonprofit organizations to repay financing described in Section
22064 of the Financial Code related to projects that are consistent with the purposes of those chapters.
86160. Not more than a total of five percent (5%) of the funds allocated to any state agency under this
division may be used to pay for its costs of administering programs and projects specified in this division.
86161. (a) Water quality monitoring data shall be collected and reported to the State board in a manner
that is compatible and consistent with surface water monitoring data systems or groundwater monitoring
data systems administered by the State board, consistent with Part 4.9 of Division 6. Watershed
monitoring data shall be collected and reported to the Department of Conservation in a manner that is
compatible and consistent with the statewide watershed program administered by the Department of
Conservation.
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(b) State agencies making grants or loans pursuant to this division may include specific expenditures for
compliance with local, state and federal permitting and other requirements.
(c) Up to one percent (1%) of funds allocated for each program funded by this division may be expended
for research into methods to improve water supply, water related habitat, and water quality relevant to
that program, in addition to any other amounts provided for in this division.
86162. (a) Prior to disbursing grants or loans pursuant to this division, each state agency that receives an
appropriation from the funding made available by this division to administer a grant or loan program
under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines
shall include monitoring and reporting requirements and may include a limitation on the dollar amount of
each grantor loan to be awarded. The guidelines shall not include a prohibition on the recovery of
reasonable overhead or indirect costs by local public agencies, Indian tribes or nonprofit organizations.
If the state agency has previously developed and adopted project solicitation and evaluation guidelines
that comply with the requirements of this division, it may use those guidelines. Overhead or indirect costs
incurred by a local public agency, Indian tribe or nonprofit organization are eligible for reimbursement
and shall not weigh negatively in the evaluation of funding proposals pursuant to this division.
(b) Prior to disbursing grants or loans, the state agency shall conduct three regional public meetings to
consider public comments prior to finalizing the guidelines. The state agency shall publish the draft
solicitation and evaluation guidelines on its website at least 30 days before the public meetings. One
meeting shall be conducted at a location in northern California, one meeting shall be conducted at a
location in the Central Valley of California, and one meeting shall be conducted at a location in southern
California. Agencies without jurisdiction in one or more of these three regions may omit the meetings in
the region or regions within which they do not have jurisdiction. Upon adoption, the state agency shall
transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the
Legislature.
(c) At least 45 days prior to soliciting projects pursuant to this division, a state agency administering funds
pursuant to this division shall post an electronic form of the guidelines for grant applicants on its website.
Project solicitation and evaluation guidelines shall only include criteria based on the applicable
requirements of this division.
(d) Nothing in this division restricts agencies from enforcing and complying with existing laws.
86163. Each project funded from this division shall comply with the following requirements:
(a) The investment of public funds pursuant to this division will result in public benefits that address the
most critical statewide needs and priorities for public funding, as determined by the agency distributing
the funds.
(b) In the appropriation and expenditure of funding authorized by this division, priority will be given to
projects that leverage private, federal, or local funding or produce the greatest public benefit. All state
agencies receiving funds pursuant to this division shall seek to leverage the funds to the greatest extent
possible, but agencies shall take into account the limited ability to cost share by small public agencies,
and by agencies seeking to benefit disadvantaged communities and economically distressed areas.
(c) A funded project shall advance the purposes of the chapter from which the project received funding.
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(d) In making decisions regarding water resources pursuant to this division, state and local agencies will
use the best available science to inform those decisions.
(e) To the extent practicable, a project supported by funds made available by this division will include
signage informing the public that the project received funds from the Water Supply and Water Quality Act
of 2018.
(f) To the extent feasible, projects funded with proceeds from this division shall promote state planning
priorities consistent with the provisions of Section 65041.1 of the Government Code and sustainable
communities strategies consistent with the provisions of subparagraph (B) of paragraph (2) of subdivision
(b) of Section 65080 of the Government Code.
(g) To the extent feasible, watershed objectives for private lands included in this division should be
achieved through use of conservation easements and voluntary landowner participation, including, but
not limited to, the use of perpetual conservation easements pursuant to Division 10.2 (commencing with
Section 10200) and Division 10.4 (commencing with Section 10330) of the Public Resources Code,
voluntary habitat credit exchange mechanisms, and conservation actions on private lands.
86164. Funds provided by this division shall not be expended to pay the costs of the design, construction,
operation, mitigation, or maintenance of Delta water conveyance facilities. Those costs shall be the
responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or
maintenance of those facilities.
86165. (a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area
of origin, watershed of origin, county of origin, or any other water rights protections, including, but not
limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division
does not limit or affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part
2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections 12200 to
12220, inclusive.
(b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from
the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the
Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied
with water therefrom by virtue or on account of the diversion and conveyance of that water through
facilities that may be constructed for that purpose after January 1, 2018.
(c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of Chapter 10
(commencing with Section 1700) of Part 2 of Division 2, including petitions related to any new
conveyance constructed or operated in accordance with Chapter 2 (commencing with Section 85320) of
Part 4 of Division 35.
(d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects
existing legal protections, both procedural and substantive, relating to the State board’s regulation of
diversion and use of water, including, but not limited to, water right priorities, the protection provided to
municipal interests by Sections 106 and 106.5, and changes in water rights. Nothing in this division
expands or otherwise alters the State board’s existing authority to regulate the diversion and use of water
or the courts’ existing concurrent jurisdiction over California water rights.
(e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter
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1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code) or the federal Wild
and Scenic Rivers Act (16 U.S.C. Section 1271 et seq.) and funds authorized pursuant to this division shall
not be available for any project that could have an adverse effect on the values upon which a wild and
scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act
or the federal Wild and Scenic Rivers Act.
(f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta
Reform Act of 2009 (Division 35 (commencing with Section 85000)) or any other applicable law, including,
but not limited to, Division 22.3 (commencing with Section 32300) of the Public Resources Code.
(g) Notwithstanding any other provision of law, any agency or nonprofit organization acquiring land
pursuant to this division may make use of the Natural Heritage Preservation Tax Credit Act of 2000
(Division 28 (commencing with Section 37000) of the Public Resources Code). Funds appropriate pursuant
to this division that are not designated for competitive grant programs may also be used for the purposes
of reimbursing the General Fund pursuant to the Natural Heritage Preservation Tax Credit Act of 2000.
(h) Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be
deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of
Division 3 of the Fish and Game Code.
86166. (a) Applicants eligible to receive grants, loans and contracts pursuant to this division are public
agencies, state universities (including university-managed national laboratories), resource conservation
districts, nonprofit organizations, public utilities, mutual water companies, public water systems as
defined in subdivision (h) of Section 116275 of the Health and Safety Code, urban water suppliers as
defined in Section 10617 of the Water Code, federally recognized Indian tribes, federal agencies owning
or managing land in California, and state Indian tribes listed on the Native American Heritage
Commission’s California Tribal Consultation List. State agencies granting funds pursuant to this division
shall give priority to eligible applicants with experience in planning, designing, and developing the types
of projects receiving funding from the agencies, or which have access to consulting help in these areas.
(b)(1) To be eligible for funding under this division, a project proposed by a public utility that is regulated
by the Public Utilities Commission, or a mutual water company, shall have a clear and definite public
purpose and the project shall benefit the customers of the water system and not the investors.
(2) To be eligible for funding under this division, an urban water supplier shall have adopted and
submitted an urban water management plan in accordance with the Urban Water Management Planning
Act, Part 2.6 (commencing with Section 10610) of Division 6.
(3) To be eligible for funding under this division, an agricultural water supplier shall have adopted
and submitted an agricultural water management plan in accordance with the Agricultural Water
Management Planning Act, Part 2.8 (commencing with Section 10800) of Division 6.
(4) In accordance with Section 10608.56, an agricultural water supplier or an urban water supplier
is ineligible for grant funding under this division unless it complies with the requirements of Part 2.55
(commencing with Section 10608) of Division 6.
(5) Notwithstanding any other provision of this division, agencies receiving funds pursuant to this
division may reduce or eliminate cost sharing requirements when making grants of one million dollars
($1,000,000) or less to nonprofit organizations with budgets less than one million dollars ($1,000,000) if
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the agency determines that such grants would be the most effective way to achieve the purposes of this
division.
86167. Where feasible, projects funded pursuant to this division may use the services of the California
Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the
Public Resources Code. Public agencies receiving funding under this division shall give additional priority to
projects that involve the services of the California Conservation Corps or a certified community
conservation corps, or other nonprofit entities that provide job training and education opportunities for
veterans, foster care recipients, farmworkers or local youth in conservation or restoration projects.
86168. Each state agency that receives an appropriation of funding made available by this division shall
be responsible for establishing and reporting on the state’s bond accountability website each of the
following: metrics of success, metrics for benefitting disadvantaged communities and economically
distressed areas, progress in meeting those metrics, status of projects funded under this division, and all
uses of the funding the state agency receives under this division. The Secretary of the Natural Resources
Agency shall annually report to the Legislature expenditures made pursuant to this division, and the
benefits derived from those expenditures.
86169. The proceeds of bonds issued and sold pursuant to this division (excluding the proceeds of any
refunding bonds issued in accordance with Section 86192) shall be deposited in the Water Supply
Reliability and Drought Protection Fund of 2018, which is hereby created in the State Treasury.
86169.1 Notwithstanding Section 13340 of the Government Code, moneys in the Water Supply Reliability
and Drought Protection Fund of 2018 are continuously appropriated without regard to fiscal year for the
purposes of this division in the manner set forth in this division. Funds authorized by, and made available
pursuant to this division shall be available and expended only as provided in this division, and shall not be
subject to appropriation or transfer by the Legislature or the Governor for any other purpose.
86170. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code does not apply to the development or implementation of programs or projects authorized or funded
under this division.
86171. (a) Funds provided by this division shall not be used to support or pay for the costs of
environmental mitigation, except for the costs of environmental mitigation for projects funded pursuant
to this division.
(b) Funds provided by this division shall be used for environmental enhancements or other public
benefits.
(c) Notwithstanding paragraphs (a) and (b) of this section, the costs of mitigation of the environmental
impacts directly related and limited to expenditures under this division may be paid for by funds provided
by this division.
(d) Funds available pursuant to this division shall not be expended to pay the costs of the design,
construction, operation, mitigation, or maintenance of Delta conveyance facilities.
86172. Every entity implementing this division shall give highest priority to funding projects that combine
relatively high cost-effectiveness, durability, and enhanced environmental quality.
Attachment C
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86174. Acquisitions pursuant to Chapter 6 of this division shall be from willing sellers only.
86177. The requirement that a project be cost-effective does not require a full benefit/cost analysis.
86178. Agencies implementing this division shall give special consideration to projects that employ new
or innovative technology or practices, including decision support tools that support the integration of
multiple strategies and jurisdictions, including, but not limited to, water supply, wildfire reduction,
habitat improvement, invasive weed control, flood control, land use, and sanitation.
86179. Any contract (including a contract to provide a grant) between a public agency, Indian tribe or
nonprofit organization and the Department of Fish and Wildlife or the Wildlife Conservation Board for
work funded pursuant to this division, or pursuant to Division 26.7 shall be considered a contract subject
to the requirements of Section 1501.5 of the Fish and Game Code, and therefor shall not be considered a
public work or a public improvement, and is not subject to Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code.
86179.1. Priority shall be given to the expenditure of funds on activities that affect the Delta and the
species that rely on it that are generally consistent with the report “A Delta Renewed: A Guide to Science-
Based Ecological Restoration in the Sacramento-San Joaquin Delta” prepared in 2016 by the San Francisco
Estuary Institute-Aquatic Science Center.
86179.2. In the awarding of grants to be made by any agency pursuant to this act or Division 26.7 after
the effective date of this act, overhead or indirect costs incurred by a local public agency, Indian tribe or
nonprofit organization are eligible for reimbursement and shall not weigh negatively in the evaluation of
funding proposals. Eligible grant costs shall include indirect costs as defined in federal Office of
Management and Budget guidelines, as well as reasonable overhead costs. For nonprofit organizations,
grants shall provide for reimbursement of indirect costs by applying the organization’s federally
negotiated indirect cost rate, if one exists. If a negotiated rate does not exist, the organization may elect
to use the default indirect cost rate of 10 percent (10%) of its modified total direct costs as defined by the
Office of Management and Budget.
86179.3. No grants made pursuant to this division shall result in an unmitigated increase in a
community’s exposure to flood hazards or in a net reduction in flood conveyance capacity of any publicly
owned flood protection facility.
86179.4. In awarding grants for land acquisition, the Wildlife Conservation Board shall give preference to
organizations that voluntarily pay property taxes.
CHAPTER 13. Fiscal Provisions.
86180. (a) Bonds in the total amount of eight billion eight hundred seventy-seven million dollars
($8,877,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds
issued in accordance with Section 86192 may be issued and sold to provide a fund to be used for carrying
out the purposes expressed in this division and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and
constitute a valid and binding obligation of the State of California, and the full faith and credit of the State
of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds
as the principal and interest become due and payable.
Attachment C
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47
(b) The Treasurer shall from time to time sell the bonds authorized by the committee pursuant to Section
86182. Bonds shall be sold upon the terms and conditions specified in one or more resolutions to be
adopted by the committee pursuant to Section 16731 of the Government Code.
86181. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and
redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law, as
that law may be amended, apply to the bonds and to this division and are hereby incorporated in this
division as though set forth in full in this division, except subdivisions (a) and (b) of Section 16727 of the
Government Code.
86182. (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General
Obligation Bond Law of the bonds authorized by this division, the Water Supply Reliability and Drought
Protection Finance Committee is hereby created. For purposes of this division, the Water Supply
Reliability and Drought Protection Finance Committee is the “committee” as that term is used in the State
General Obligation Bond Law.
(b) The finance committee consists of the Director of Finance, the Treasurer, and the Controller.
Notwithstanding any other provision of law, any member may designate a representative to act as that
member in his or her place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as chairperson of the finance committee.
(d) A majority of the finance committee may act for the finance committee.
86183. The finance committee shall determine whether or not it is necessary or desirable to issue bonds
authorized by this division in order to carry out the actions specified in this division and, if so, the amount
of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those
actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any
one time.
86184. For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of
the Government Code, means the Secretary of the Natural Resources Agency.
86185. There shall be collected each year and in the same manner and at the same time as other state
revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to
pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform each and every act that is necessary
to collect that additional sum.
86186. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the
General Fund in the State Treasury, for the purposes of this division, an amount that will equal the total
of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to
this division, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out the provisions of Section 86189, appropriated without regard to
fiscal years.
Attachment C
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86187. The board may request the Pooled Money Investment Board to make a loan from the Pooled
Money Investment Account in accordance with Section 16312 of the Government Code for the purpose of
carrying out this division less any amount withdrawn pursuant to Section 86189. The amount of the
request shall not exceed the amount of the unsold bonds that the committee has, by resolution,
authorized to be sold (excluding any refunding bond authorized pursuant to Section 86192) for the
purpose of carrying out this division. The board shall execute those documents required by the Pooled
Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the
Fund to be allocated in accordance with this division.
86188. Notwithstanding any other provision of this division, or of the State General Obligation Bond Law,
if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the
bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise
entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond
proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of
those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or
take any other action with respect to the investment and use of those bond proceeds, as may be required
or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of this state.
86189. For the purposes of carrying out this division, the Director of Finance may authorize the
withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold
bonds that have been authorized by the committee to be sold (excluding any refunding bond authorized
pursuant to Section 86192) for the purpose of carrying out this division less any amount borrowed
pursuant to Section 86187. Any amounts withdrawn shall be deposited in the Fund. Any moneys made
available under this section shall be returned to the General Fund, with interest at the rate earned by the
moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the
purpose of carrying out this division.
86190. All moneys deposited in the Fund that are derived from premium and accrued interest on bonds
sold pursuant to this division shall be reserved in the Fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest, except that amounts derived from premium
may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.
86191. Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid out of
the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from
premiums received from the sale of bonds, these costs shall be shared proportionately by each program
funded through this division by the applicable bond sale.
86192. The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,
which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the
issuance of the bonds under this division shall include approval of the issuance of any bonds issued to
refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond
refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to
the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from
time to time, authorizing such refunded bonds.
86193. The proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as
that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is
Attachment C
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not subject to the limitations imposed by that article.
SECTION 2. Section 1 of this act shall take effect immediately upon approval by the voters of the Water
Supply and Water Quality Act of 2018, as set forth in that section at the November 6, 2018, statewide
general election. In order to fund a water supply reliability and drought protection program at the
earliest possible date, it is necessary that this act take effect immediately.
SECTION 3. Conflicting Provisions.
(a) The provisions and intent of the Water Supply and Water Quality Act of 2018 shall be given
precedence over any state law, statute, regulation or policy that conflicts with this section, and the policy
and intent of this act shall prevail over any such contrary law, statute, regulation or policy.
(b) If this division is approved by the voters, but superseded by any other conflicting ballot division
approved by more voters at the same election, and the conflicting ballot division is later held invalid, it is
the intent of the voters that this act shall be given the full force of law.
(c) If any rival or conflicting initiative regulating any matter addressed by this act receives the higher
affirmative vote, then all non-conflicting parts of this act shall become operative.
SECTION 4. If any provision of this act or the application thereof is held invalid, that invalidity shall not
affect other provisions or applications of this act that can be given effect without the invalid provisions or
applications, and to this end the provisions of this act are severable.
SECTION 5.
Section 2799.7 is added to the Fish and Game Code to read:
2799.7. Subdivision (f) of Section 2787 does not apply to Section 2795. Notwithstanding other provisions
of this article and Section 13340 of the Government Code, as of July 2, 2020 funds transferred pursuant to
Section 2795 shall be continuously appropriated to the Wildlife Conservation Board for purposes of
Chapter 8 (commencing with Section 86120) of Division 38 of the Water Code.
SECTION 6.
Part 12 is added to Division 6 of the Water Code to read:
Section 11860. (a) Notwithstanding any other provision of law (including Section 13340 of the
Government Code and Sections 39710 through 39723 of the Health and Safety Code), the fees paid, the
cost of compliance instruments acquired, and the increased cost of power purchased by the Department
of Water Resources, hereafter “Department,” as a result of the implementation of Division 25.5 of the
Health and Safety Code are continuously appropriated to the Department from the Greenhouse Gas
Reduction Fund, as defined in Section 16428.8 of the Government Code, and the fees paid, the cost of
compliance instruments acquired and the increased cost of power purchased by the Metropolitan Water
District of Southern California (Statutes 1969, chapter 209, as amended), hereafter “District,” as a result
of the implementation of Division 25.5 of the Health and Safety Code are continuously appropriated to
the District from the Greenhouse Gas Reduction Fund, as defined in Section 16428.8 of the Government
Code.
Attachment C
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50
(b) The funds appropriated to the Department pursuant to this section shall be expended within the State
Water Resources Development System, and on consumer water conservation programs within the
jurisdiction of the State Water Resources Development System.
(c) The funds appropriated to the District pursuant to this section shall be expended within the water
storage, treatment, conveyance, and distribution system of the District and on consumer water
conservation programs within the jurisdiction of the District.
(d) Of the consumer water conservation programs authorized by subdivisions (b) and (c), highest priority
shall be given to those benefitting disadvantaged communities (as defined subdivision (a) of Section
79505.5, as it may be amended) and economically distressed areas (as defined in subdivision (k) of
Section 79702, as it may be amended).
(e) All expenditures pursuant to this section shall meet the requirements of Chapter 4.1 of Part 2 of
Division 26 of the Health and Safety Code. The Department and District will provide an annual report to
the Air Resources Board on the prior-year’s project implementation along with a plan for current year
implementation.
(f) No funds provided by this part shall be expended to pay the costs of the design, construction,
operation, mitigation, or maintenance of new Delta water conveyance facilities. No funds provided by this
section shall be expended to pay the costs of construction of new surface water storage facilities or to
expand the capacity of the California Aqueduct or the Colorado River Aqueduct. Those costs shall be the
responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or
maintenance of those facilities.
(g) All reasonable and feasible measures shall be taken to reduce, avoid, or mitigate significant negative
environmental impacts from projects undertaken pursuant to this section.
Section 11861. (a) Notwithstanding any other provision of law (including Section 13340 of the
Government Code and Sections 39710 through 39723 of the Health and Safety Code), the fees paid, the
cost of compliance instruments acquired, and the increased cost of power purchased by the Contra Costa
Water District, hereafter “District,” as a result of the implementation of Division 25.5 of the Health and
Safety Code are continuously appropriated to the District from the Greenhouse Gas Reduction Fund, as
defined in Section 16428.8 of the Government Code, and the fees paid, the cost of compliance
instruments acquired and the increased cost of power purchased by the San Luis and Delta Mendota
Water Authority hereafter “San Luis Authority,” as a result of the implementation of Division 25.5 of the
Health and Safety Code are continuously appropriated to the San Luis Authority from the Greenhouse Gas
Reduction Fund, as defined in Section 16428.8 of the Government Code.
(b) (1) The funds appropriated to the Contra Costa Water District pursuant to this section shall be
expended within the boundaries of the District, and on consumer water conservation programs within the
District.
(2) The funds appropriated to the San Luis Authority pursuant to this section shall be expended
within the water storage, treatment, conveyance, and distribution system of the San Luis Authority and
on water conservation, water quality improvement, water treatment, water supply and similar water
programs within the jurisdiction of the Authority.
(c) Of the funds appropriated pursuant to subdivision (b), highest priority shall be given to those projects
Attachment C
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51
benefitting disadvantaged communities (as defined subdivision (a) of Section 79505.5, as it may be
amended) and economically distressed areas (as defined in subdivision (k) of Section 79702, as it may be
amended).
(d) All expenditures pursuant to this section shall meet the requirements of Chapter 4.1 of Part 2 of
Division 26 of the Health and Safety Code. The District and San Luis Authority will provide an annual
report to the Air Resources Board on the prior-year’s project implementation along with a plan for
current year implementation.
(e) All reasonable and feasible measures shall be taken to reduce, avoid, or mitigate significant negative
environmental impacts from projects undertaken pursuant to this section.
Attachment C
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LEGISLATION COMMITTEE 7.
Meeting Date:04/09/2018
Subject:RISE Act and Fair and Just Sentencing Reform Act of 2018
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2018-09
Referral Name: RISE Act and Fair and Just Sentencing Reform Act of 2018
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Supervisor Gioia referred to the Legislation Committee a request for support for SB 1392, Repeal
Ineffective Sentencing Enhancement 2018 (RISE) Act and SB 1393, Fair and Just Sentencing
Reform Act of 2018, from the organization Californians United for a Responsible Budget on
behalf of co-sponsoring organizations American Civil Liberties Union of California, Californians
United for a Responsible Budget, the Coalition for Humane Immigrant Rights of Los Angeles
(CHIRLA), Drug Policy Alliance, Ella Baker Center for Human Rights, the Friends Committee
on Legislation California, Pillars of the Community, Tides Advocacy, and the Women's
Foundation of California, Women's Policy Institute.
These bills have not been vetted as yet by the Contra Costa County justice system partners. SB
1392 is opposed by: Association for Los Angeles Deputy Sheriffs; California Code Enforcement
Officers; California College and University Police Chiefs Association; California Correctional
Supervisors Organization; California District Attorneys Association;California Narcotic Officers
Association; California State Sheriffs’ Association; Los Angeles Police Protective League; Los
Angeles Professional Peace Officers Association; Peace Officers Research Association of
California. CSAC has a "Watch" position on the bill.
SB 1392 is opposed by Association for Los Angeles Deputy Sheriffs; California District
Attorneys Association; California State Sheriffs’ Association; Los Angeles Police Protective
League; Peace Officers Research Association of California. CSAC has a "Watch" position on the
bill.
Referral Update:
SB 1392: Separate Prison Terms
Author:Holly J. Mitchell (D-030)
Coauthor Beall (D) , Bradford (D) , Quirk (D) , Weber (D) , Carrillo (D) , Lara (D) , Kalra (D)
Title:Separate Prison Terms
Page 89 of 108
Fiscal
Committee:
yes
Urgency
Clause:
no
Introduced:02/16/2018
Disposition:Pending
Location:Senate Appropriations Committee
Summary:Deletes provision that requires an additional one-year term for each prior separate
prison term or county jail felony term under the law, except under specified
circumstances.
Status:
04/03/2018 From SENATE Committee on PUBLIC SAFETY: Do pass to
Committee on APPROPRIATIONS. (5-1)
The text of the bill can be found here:
http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1392
The bill analysis is included in Attachment A, along with a Fact Sheet from the bill authors, and a
draft support letter.
SB 1393 (Mitchell)
Author:Holly J. Mitchell (D-030)
Coauthor Beall (D) , Bradford (D) , Quirk (D) , Weber (D) , Kalra (D) , Carrillo (D) , Lara (D)
Title:Sentencing
Fiscal
Committee:
yes
Urgency
Clause:
no
Introduced:02/16/2018
Disposition:Pending
Location:Senate Appropriations Committee
Summary:Deletes a restriction prohibiting a judge from striking a prior serious felony
conviction in connection with imposition of the 5-year enhancement for each prior
conviction of a serious felony.
Status:
04/03/2018 From SENATE Committee on PUBLIC SAFETY: Do pass to
Committee on APPROPRIATIONS. (5-1)
The text of SB 1393 can be found here:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1393
The purpose of this bill is to allow a court, in the interest of justice, to strike or dismiss a prior
serious felony conviction which otherwise adds an enhancement of 5 years for each prior
conviction of a serious felony.
The fact sheet for the bill, the bill analysis, and a sample support letter are included in Attachment
B.
Page 90 of 108
According to the author:
Nearly every sentence enhancement in California can be dismissed at the time of sentencing if the
judge finds that doing so would serve the interest of justice. However, under existing law people
with current and prior serious felony convictions receive a mandatory five-year enhancement. As
a result, judges lack the discretion to tailor these sentences based on the facts of the case, the
defendant’s history and culpability or other potential mitigating factors. This has resulted in
mandatory additional terms for thousands of individuals incarcerated throughout California’s
prisons. This rigid and arbitrary system has meted out punishments that are disproportionate to the
offense, which does not serve the interests of justice, public safety, or communities.
SB1393 amends Penal Code Sections 667 and 1385 by restoring the court’s discretion, in the
interest of justice, to strike a five-year sentence enhancement for each prior serious felony
conviction on a person’s record, when a person is currently convicted of a serious felony.
Allowing judicial discretion is consistent with other sentence enhancement laws and retains
existing penalties for serious crimes.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on SB 1392 and
SB 1393 and directing staff to place the bills on the Board's Consent calendar for April 24, 2018.
Attachments
Attachment A: Bill Analysis, Fact Sheet, Support Letter
Attachment B: Fact Sheet, Bill Analysis, Support Letter
Page 91 of 108
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1392 Hearing Date: April 3, 2018
Author: Mitchell
Version: February 16, 2018
Urgency: No Fiscal: Yes
Consultant: SC
Subject: Sentence Enhancements: Prior Convictions
HISTORY
Source: American Civil Liberties Union (ACLU) of California
The Advocacy Fund
California Coalition for Women Prisoners
Californians United for a Responsible Budget
Drug Policy Alliance
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Pillars of the Community
Women’s Foundation of California
Prior Legislation: SB 180 (Mitchell), Ch. 677, Stats. 2017
SB 620 (Bradford), Ch. 682, Stats. 2017
SB 966 (Mitchell), 2015-2016, failed Assembly Public Safety Committee
Support: Access Support Network; Alameda County Public Defender’s Office; Alliance
San Diego; American Friends Society Committee; California Association of
Alcohol and Drug Program Executives; California Catholic Conference;
California Immigrant Policy Center; California Public Defenders Association;
Center on Juvenile and Criminal Justice; Coleman Advocates for Children and
Youth; Contra Costa County Racial Justice Coalition; Courage Campaign;
Crossroads, Inc.; Dr. Martin Luther King, Jr. Academic Middle School; Education
is a Vital Sign; Felony Murder Elimination Project; Greenlining Institute; Harm
Reduction Coalition; Harm Reduction Services; HealthRIGHT 360; Immigrant
Legal Resource Center; Justice Now; Law Enforcement Action Partnership;
Lawyers Committee for Civil Rights; Legal Services for Prisoners with Children;
Los Angeles Regional Reentry Partnerships; A New Way of Life Reentry Project;
Oakland Rising; Prison Renaissance; Public Health Justice Collective; Restaurant
Opportunities Centers of California; Riverside Temple Beth El; Root & Rebound;
Rubicon Programs; San Diego Immigrant Rights Consortium; San Francisco
Public Defenders Office; Showing Up for Racial Justice; St. James Infirmary;
Successful Reentry, LLC; Tarzana Treatment Centers; W. Hayward Burns
Institute; Western Center on Law and Poverty; White People 4 Black
Lives/Showing Up for Racial Justice-Los Angeles; several individuals
Opposition: Association for Los Angeles Deputy Sheriffs; California Code Enforcement
Officers; California College and University Police Chiefs Association; California
Correctional Supervisors Organization; California District Attorneys Association;
Attachment A
Page 92 of 108
SB 1392 (Mitchell ) Page 2 of 4
California Narcotic Officers Association; California State Sheriffs’ Association;
Los Angeles Police Protective League; Los Angeles Professional Peace Officers
Association; Peace Officers Research Association of California
PURPOSE
The purpose of this bill is to repeal the one-year sentence enhancement for each prior prison
or county jail felony term that applies to a defendant sentenced on a new felony.
Existing law imposes a three-year sentence enhancement for each prior separate prison term
served by the defendant if the prior offense was a violent felony and the new offense is a violent
felony. (Pen. Code, § 667.5, subd. (a).)
Existing law imposes a one-year sentence enhancement for each prior prison or county jail felony
term if the new offense is a felony. (Pen. Code, § 667.5, subd. (b).)
This bill deletes the one-year sentence enhancement for prison or county jail felony priors.
COMMENTS
1. Need for This Bill
According to the author:
Existing law imposes an additional one-year term for each prior separate prison
term or county jail felony term under the law, except under specified
circumstances. Sentencing enhancements have not made the public safer. Instead
they place a significant burden on taxpayers and families across California. Each
additional year in prison costs more than $70,000 dollars per person. Long and
punitive sentences cripple state and local budgets and shift dollars away from the
supportive services that are needed to protect public safety.
SB 1392, the Repeal Ineffective Sentencing Enhancements (RISE) Act of 2018
repeals the provision under Penal Code 667.5(b) that requires an additional one-
year term for each prior separate prison term or county jail felony term under the
law.
2. Sentencing Enhancements
Existing law contains a variety of enhancements that can be used to increase the term of
imprisonment a defendant will serve. Enhancements add time to a person’s sentence for factors
relevant to the defendant such as prior criminal history or for specific facts related to the crime.
Multiple enhancements can be imposed in a single case and can range from adding a specified
number of years to a person’s sentence, or doubling a person’s sentence or even converting a
determinate sentence into a life sentence.
A recent Public Policy Institute of California (PPIC) publication on enhancements found that,
“As of September 2016, 79.9% of prisoners in institutions operated by the California Department
of Corrections and Rehabilitation (CDCR) had some kind of sentence enhancement; 25.5% had
Attachment A
Page 93 of 108
SB 1392 (Mitchell ) Page 3 of 4
three or more. Aside from second and third strikes, the most common enhancement adds one
year for each previous prison or jail term.” (Sentence Enhancements: Next Target of Corrections
Reform? PPIC (Sept. 2017) < http://www.ppic.org/blog/sentence-enhancements-next-target-
corrections-reform/ > [as of Mar. 21, 2018].)
According to data provided by CDCR, as of December 1, 2017, there were 16,177 sentences that
had the enhancement that this bill would repeal.
3. Sentence Increases: Research on the Deterrent Effect and Impact on State Prisons
A comprehensive report published in 2014, entitled The Growth of Incarceration in the United
States, discusses the effects on crime reduction through incapacitation and deterrence, and
describes general deterrence compared to specific deterrence:
A large body of research has studied the effects of incarceration and other
criminal penalties on crime. Much of this research is guided by the hypothesis that
incarceration reduces crime through incapacitation and deterrence. Incapacitation
refers to the crimes averted by the physical isolation of convicted offenders during
the period of their incarceration. Theories of deterrence distinguish between
general and specific behavioral responses. General deterrence refers to the crime
prevention effects of the threat of punishment, while specific deterrence concerns
the aftermath of the failure of general deterrence —that is, the effect on
reoffending that might result from the experience of actually being punished.
(National Research Council (2014) The Growth of Incarceration in the United States: Exploring
Causes and Consequences Committee on Causes and Consequences of High Rates of
Incarceration, J. Travis, B. Western, and S. Redburn, Editors. Committee on Law and Justice,
Division of Behavioral and Social Sciences and Education. Washington, DC: The National
Academies Press. (http://johnjay.jjay.cuny.edu/nrc/NAS_report_on_incarceration.pdf.)
In regard to deterrence, the authors note that in “the classical theory of deterrence, crime is
averted when the expected costs of punishment exceed the benefits of offending. Much of the
empirical research on the deterrent power of criminal penalties has studied sentence
enhancements and other shifts in penal policy.” (National Research Council, supr a, The Growth
of Incarceration in the United States, p. 132.)
Deterrence theory is underpinned by a rationalistic view of crime. In this view, an
individual considering commission of a crime weighs the benefits of offending
against the costs of punishment. Much offending, however, departs from the strict
decision calculus of the rationalistic model. Robinson and Darley (2004) review
the limits of deterrence through harsh punishment. They report that offenders
must have some knowledge of criminal penalties to be deterred from committing
a crime, but in practice often do not.
(Id. at p. 133.) The report concludes: The incremental deterrent effect of increases in lengthy
prison sentences is modest at best. “Because recidivism rates decline markedly with age, le ngthy
prison sentences, unless they specifically target very high-rate or extremely dangerous offenders,
are an inefficient approach to preventing crime by incapacitation.” (Id. at p. 5.)
In a 2014 report, the Little Hoover Commission addressed the disconnect between science and
sentencing: putting away offenders for increasingly longer periods of time, with no evidence that
Attachment A
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SB 1392 (Mitchell ) Page 4 of 4
lengthy incarceration, for many, brings any additional public safety benefit. The report also
explains how California’s sentencing structure and enhancements contributed to a 20-year state
prison building boom. (http://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/219/Report219.pdf.)
4. Argument in Support
According to ACLU of California, a sponsor of this bill:
This punishment has failed to protect communities or reduce crime, but has
resulted in overcrowded jails and prisons and harsh punishments. By repealing
this ineffective, harmful, and costly punishment, the state will also free up funds
to invest in community programs that actually improve the quality of life and
reduce crime.
. . . .
Counties around the state are building new jails to imprison more people with
long sentences, funneling away money that could instead be used for community-
based programs and services. Since 2007, California has spent $2.5 billion on
county jail construction (fn. omitted) — not including the costs borne by the
counties for construction and increased staffing, or the sta te’s debt service for
these high-interest loans. Sheriffs have argued for this expansion by pointing to
their growing jail populations, particularly people with long sentences and with
mental health and substance use needs. By repealing sentence enhancements for
people with prior prison and felony jail terms, SB 1392 will address a key driver
of costly jail expansion, allowing state and county funds to be invested in
programs and services that meet community needs and improve public safety,
including community-based mental health and substance use treatment, job
programs, and affordable housing.
5. Argument in Opposition
The California Code Enforcement Officers writes in opposition:
These enhancements exist, in part, to allow sentences to appropriately reflect
someone’s criminal conduct history. A person who has previously been sent to
prison, only to commit a new felony upon their release is subject to the one-year
enhancement SB 1392 seeks to eliminate. A person who has previously been sent
to prison three times would potentially be subject to three one-year enhancements.
That is, if the prosecutor alleged and proved the grounds for the enhancement, and
a judge chose not to dismiss or strike the enhancement.
The underlying premise of SB 1392 is that a recalcitrant criminal should be
sentenced the same as a first time offender, despite a lengthy criminal history and
a track record of disregard for the law. We reject that premise.
-- END –
Attachment A
Page 95 of 108
Office of Senator Holly Mitchell • SB 1392 Fact Sheet • 2/20/2018
Senators Holly J. Mitchell and Lara
SB 1392 One-Year Fair and Just Sentencing Reform
THIS BILL
SB 1392 would amend Penal Code 667.5 to remove a
sentencing enhancement that adds an additional year
of incarceration for each prior prison term or felony
county jail term. The bill would not change the base
sentence for any offense or amend any other
enhancement.
BACKGROUND
California has some of the most severe sentence
enhancements for prior convictions in the nation.
According to the Public Policy Institute of California,
“California has more than 100 separate code sections
that enhance sentences” based on a person’s current
offense and/or record of prior convictions. As of
2016, 79% of people under California Department of
Corrections and Rehabilitation custody had some
kind of sentence enhancement attached to their base
sentence; 25% had three or more enhancements
stacked on. SB 1392 would amend one of the most
commonly used sentencing enhancements that adds
one year for each previous prison or felony jail term,
which impacted one-third of people convicted in
2017.
Research refutes the idea that the threat of
sentencing enhancements deters people from
committing crimes. Sentencing enhancements have
not made our communities safer. Instead, they have
put significant financial burdens on taxpayers and
families statewide. Each additional year in prison
costs $70,000 per person. Long and punitive
sentences cripple state and local budgets and shift
dollars away from desperately needed community
services.
California voters have made a clear and evident
cultural shift away from prioritizing incarceration
over community investment. This was demonstrated
by the passage of Propositions 47, 57 and 64. In
2014, Proposition 47 reduced many non-violent
felonies to misdemeanors. In 2016, Proposition 64
decriminalized possession of cannabis and
eliminated most felonies for growing or selling
cannabis.
In 2017, the same shift was conveyed by the
California Legislature with the passage of SB 180
(Mitchell), the RISE Act, which repealed a three-year
sentencing enhancement for prior drug convictions.
These sentence enhancements have had devastating
impacts on families and communities, specifically
those most impacted by the punitive policies of the
failed war on drugs and tough-on-crime policies.
Research shows horrific intergenerational impacts
and gender disparities that exist among incarcerated
poor people from communities of color, with women
being the fastest growing population behind bars
since the 1980s.
Repealing ineffective sentencing enhancements can
save millions of dollars, reduce prison and jail
populations, and end the double punishment for
people already impacted by the criminal justice
system. It will give California the opportunity to
divest from expensive and ineffective policies of mass
incarceration and instead invest in our communities.
SOLUTION
Building on California voter and legislative intent, SB
1392 would repeal California’s one-year sentencing
enhancement for each prior prison or felony jail term.
SB 1392 would put in effect the bipartisan movement
to end the use of expensive and ineffective tough-on-
crime policies that have destroyed thousands of lives
and families.
SPONSORS
ACLU (American Civil Liberties Union)
CHIRLA (Coalition for Humane Immigrant Rights)
Ella Baker Center
Drug Policy Alliance
Friends Committee on Legislation
Tides Advocacy
California Coalition for Women Prisoners
Californians United for a Responsible Budget
Pillars of the Community
Women's Foundation of California, Women's Policy
Institute
FOR MORE INFORMATION
Bridget Kolakosky bridget.kolakosky@sen.ca.gov
Office of Senator Holly J. Mitchell (916) 651-4030
Page 96 of 108
On Your Letterhead
Date
Senator Holly Mitchell
State Capitol, Room 5080
Sacramento, CA 95814
Re: Support for SB 1392 (Mitchell) Repeal Ineffective Sentencing Enhancements
Act of 2018
Dear Senator Mitchell,
On behalf of YOUR ORGANIZATION NAME, I write in strong support of your SB 1392,
the Repeal Ineffective Sentencing Enhancements (RISE) Act of 2018 . SB 1392 repeals
Penal Code 667.5(b), a sentencing enhancement that adds an additional year of
incarceration for each prior prison term or qualifying county jail term.
BRIEF DESCRIPTION OF YOUR ORGANIZATION
Research refutes the idea that the threat of sentencing enhancements deters people
from committing crimes. Sentencing enhancements have not made our communities
safer. Instead they have placed a significant burden on taxpayers and families across
California. Each additional year in prison costs more than $70,000 dollars per person.
Long and punitive sentences cripple state and local budgets and shift dollars away from
the supportive services that our communities desperately need.
The RISE Act of 2018 will free state and county funds that could then be invested in
community-based mental health and substance use treatment, employment services,
and housing.
Further, sentence enhancements based on prior convictions target the poorest and
most marginalized people in our communities — those with substance use and mental
health needs, and those who, after prior contact with police or imprisonment, have
struggled to reintegrate into society.
These sentence enhancements have had devastating impacts on families and
communities, specifically those most impacted by the punitive policies of the failed war
on drugs and tough-on-crime policies. Research shows horrific intergenerational
impacts from these failed policies, which disproportionately harm poor communities of
color. The rapidly increasing rates of incarceration for women has further worsened the
devastation for families and children.
California voters have made a clear and evident cultural shift away from prioritizing
incarceration over community investment, as demonstrated by the passage of
Page 97 of 108
Propositions 47, 57, and 64. In 2014, Proposition 47 reduced many non -violent felonies
to misdemeanors. In 2016, Proposition 64 decriminalized possession of cannabis and
eliminated most felonies for growing or selling cannabis. In 2017, voters also passed
Proposition 57, which reduced incarceration by increasing credit-earning and parole
opportunities.
In 2017, the same shift was conveyed by the California legislature with the passage of
SB 180 (Mitchell) the RISE Act, which repealed a three -year sentencing enhancement
for prior drug convictions, and SB 620 (Bradford) which added judicial discretion in the
application of gun enhancements.
SB 1392 is urgently needed. Counties around the state are building new jails to
imprison more people with long sentences, funneling money away from community-
based programs and services, increasing the time that families remain separated, and
harming people’s chances to successfully reenter society.
For these reasons, among others, our organization strongly supports SB 1392
(Mitchell), the RISE Act 2018.
Respectfully,
YOUR NAME
TITLE, ORGANIZATION
Cc:
Email letters to: Romarilyn Ralston, California Coalition for Women Prisoners,
wpicriminaljustice2018@gmail.com
Fax letters to: Stella Choe, Counsel for Senate Committee on Public Safety, (916) 445-
4688
CC: Honorable Holly J. Mitchell, California State Senate; Honorable Ricardo Lara, California
State Senate (Joint Author); Honorable Ash Kalra, California State Assembly (Principle Co-
Author); Honorable Joel Anderson, California State Senate (Committee Member); Honorable
Steven Bradford, California State Senate (Committee Member); Honorable Hannah-Beth Jackson,
California State Senate (Committee Member); Honorable Jeff Stone, California State Senate
(Committee Member); Honorable Scott D. Wiener, California State Senate (Committee Member)
Page 98 of 108
Office of Senator Holly Mitchell • SB 1393 Fact Sheet • 2/20/2018
Senators Holly J. Mitchell and Lara
SB 1393 Five-Year Fair and Just Sentencing Reform
THIS BILL
SB 1393 is a moderate reform that would increase
the fairness of the justice system. The bill amends
Penal Code Sections 667 and 1385 to restore the
court’s discretion, in the interest of justice and at
the time of sentencing, to strike sentence
enhancements for prior serious felony convictions,
when a person is currently charged with a serious
felony. Allowing judicial discretion is consistent
with other sentence enhancement laws and retains
existing sanctions for serious crimes.
BACKGROUND
California has some of the most severe sentence
enhancements for prior convictions in the nation.
As of 2016, 79% of people under California
Department of Corrections and Rehabilitation
(CDCR) custody had some kind of sentence
enhancement attached to their base sentence; 25%
had three or more enhancements stacked on top of
each other. One of the most frequently used is the
five-year enhancement for prior convictions of
serious offenses, which is applied consecutively for
each prior conviction. This enhancement is often
served in addition to lengthy sentence
enhancements already imposed under the Three
Strikes Law, which doubles or triples the length of
a base sentence, or adds 25-years-to-life, for the
same prior convictions.
These mandatory sentencing enhancements have
resulted in a rigid and arbitrary system that has
meted out punishments that are severely
disproportionate to the person’s culpability and
that do not serve the interests of justice or public
safety. Further, there is no conclusive evidence that
sentence enhancements benefit public safety.
Despite not making our community safer, sentence
enhancements are a significant burden on
California taxpayers and communities: each
additional year that is applied costs California
taxpayers upwards of
$70,000 dollars per incarcerated person. By
reducing the use of unnecessary enhancements,
California can divest from expensive and
ineffective policies of mass incarceration and
invest in our communities.
California voters have made a resounding cultural
shift away from prioritizing excessive
incarceration in favor of less harsher sentences,
expanded reentry services, prevention and
community reinvestment. In 2016, voters
overwhelmingly passed Proposition 57, which
allows judges rather than prosecutors to
determine whether youth are tried as adults.
Californians strongly believe in the importance of
judicial discretion and its role of creating a fair
justice system.
In 2017, the same shift was conveyed by the
California legislature with the passage of SB 620
(Bradford) which added judicial discretion in the
application sentencing enhancements for prior
convictions involving guns.
Sentencing enhancements for prior convictions
result in extreme periods of incarceration and have
been the primary drivers of prison overcrowding.
The California prison system remains under
Federal oversight for unconstitutional and
overcrowded conditions. The ongoing prison
overcrowding litigation indicates that prison
capacity and related issues concerning conditions
of confinement remain unresolved.
SOLUTION
Nationwide, there is growing bipartisan support
for reforming long and ineffective prison
sentences. California law mandates an extra five
years for every prior conviction for a serious
offense when a person is charged with a serious
offense. While most sentence enhancements can be
declined if the judge believes they are unjust in a
specific case, these enhancements are mandatory
in all cases — judges are forbidden from tailoring
these sentences to an individual’s case and
culpability. Trial courts should retain the
discretion to dismiss sentencing enhancements for
Attachment B
Page 99 of 108
Office of Senator Holly Mitchell • SB 1393 Fact Sheet • 2/20/2018
prior offenses based of the facts of the case in
order to further the interest of justice.
SPONSORS
ACLU (American Civil Liberties Union)
CHIRLA (Coalition for Humane Immigrant Rights)
CA Coalition for Women Prisoners
Californians United for a Responsible Budget
Ella Baker Center
Drug Policy Alliance
Friends Committee on Legislation
Pillars of the Community
Tides Advocacy
Women's Foundation of CA, Women's Policy
Institute
FOR MORE INFORMATION
Bridget Kolakosky bridget.kolakosky@sen.ca.gov
Office of Senator Holly J. Mitchell
(916) 651-4030
Attachment B
Page 100 of 108
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1393 Hearing Date: April 3, 2018
Author: Mitchell
Version: February 16, 2018
Urgency: No Fiscal: Yes
Consultant: SC
Subject: Sentencing
HISTORY
Source: American Civil Liberties Union (ACLU) of California
The Advocacy Fund
California Coalition for Women Prisoners
Californians United for a Responsible Budget
Drug Policy Alliance
Ella Baker Center
Friends Committee on Legislation of California
Pillars of the Community
Women’s Foundation of California
Prior Legislation: SB 180 (Mitchell), Ch. 677, Stats. 2017
SB 620 (Bradford), Ch. 682, Stats. 2017
SB 966 (Mitchell), 2015-2016, failed Assembly Public Safety Committee
Support: Access Support Network; Alameda County Public Defender’s Office; Alliance
San Diego; American Friends Service Committee; California Association of
Alcohol and Drug Program Executives; California Catholic Conference;
California Immigrant Policy Center; California Public Defenders Association;
Center on Juvenile and Criminal Justice; Coleman Advocates for Children &
Youth; Contra Costa County Racial Justice Coalition; Courage Campaign;
Crossroads, Inc.; Daily Kos; Dr. Martin Luther King, Jr. Academic Middle
School; Felony Murder Elimination Project; Harm Reduction Coalition; Harm
Reduction Services; HealthRIGHT 360; Immigrant Legal Resource Center;
Justice Now; Lawyers’ Committee for Civil Rights; Legal Services for Prisoners
with Children; Los Angeles Regional Reentry Partnership; A New Way of Life
Reentry Project; Oakland Rising; Prison Renaissance; Public Health Justice
Collective; Restaurant Opportunities Centers of California; Riverside Temple
Beth El; Root & Rebound; Rubicon Programs; San Diego Immigrant Rights
Consortium; San Francisco Public Defenders Office; Showing up for Racial
Justice; St. James Infirmary; Successful Reentry; Tarzana Treatment Centers,
Inc.; W. Hayward Burns Institute; Western Center on Law and Poverty; White
People for Black Lives/Showing Up for Racial Justice – Los Angeles; several
individuals
Attachment B
Page 101 of 108
SB 1393 (Mitchell ) Page 2 of 6
Opposition: Association for Los Angeles Deputy Sheriffs; California District Attorneys
Association; California State Sheriffs’ Association; Los Angeles Police Protective
League; Peace Officers Research Association of California
PURPOSE
The purpose of this bill is to allow a court, in the interest of justice, to strike or dismiss a prior
serious felony conviction which otherwise adds an enhancement of 5 years for each prior
conviction of a serious felony.
Existing law states that any person convicted of a serious felony who previously has been
convicted of a serious felony, as defined, shall receive, in addition to the sentence imposed by
the court for the present office, a five-year enhancement for each such prior conviction. The
terms of the present offense and each enhancement shall run consecutively. (Pen. Code § 667,
subd. (a)(1).)
Existing law provides that if a defendant has one prior serious and/or violent felony conviction,
as defined, that has been pled and proved, the determinate term or minimum term for an
indeterminate term shall be twice the term otherwise provided as punishment for the current
felony conviction. (Pen. Code, § 667, subd. (e)(1).)
Existing law provides that if a defendant has two or more prior serious and/or violent felony
convictions, as defined, that have been pled and proved, the term for the current felony
conviction shall be an indeterminate term of life imprisonment as specified. (Pen. Code, § 667,
subd. (e)(2).)
Existing law specifies that the total amount of credits that may be awarded to a person convicted
of a serious felony shall not exceed 20% of the total term of imprisonment imposed and shall not
accrue until the defendant is physically placed in the state prison. (Pen. Code, § 667, subd.
(c)(5).)
Existing law authorizes a judge or magistrate, either of his or her own motion or upon the
application of the prosecuting attorney, and in furtherance of justice, to order an action to be
dismissed, as specified. (Pen. Code, § 1385, subd. (a).)
Existing law prohibits a judge from striking any prior conviction of a serious felony for purposes
of enhancement of a sentence. (Pen. Code, § 1385, subd. (b).)
This bill deletes the prohibition against striking any prior serious felony convictions for purposes
of enhancing a sentence.
Attachment B
Page 102 of 108
SB 1393 (Mitchell ) Page 3 of 6
COMMENTS
1. Need for This Bill
According to the author:
Nearly every sentence enhancement in California can be dismissed at the time of
sentencing if the judge finds that doing so would serve the interest of justice.
However, under existing law people with current and prior serious felony
convictions receive a mandatory five-year enhancement. As a result, judges lack
the discretion to tailor these sentences based on the facts of the case, the
defendant’s history and culpability or other potential mitigating factors. This has
resulted in mandatory additional terms for thousands of individuals incarcerated
throughout California’s prisons. This rigid and arbitrary system has meted out
punishments that are disproportionate to the offense, which does not serve the
interests of justice, public safety, or communities.
SB1393 amends Penal Code Sections 667 and 1385 by restoring the court’s
discretion, in the interest of justice, to strike a five-year sentence enhancement for
each prior serious felony conviction on a person’s record, when a person is
currently convicted of a serious felony. Allowing judicial discretion is consistent
with other sentence enhancement laws and retains existing penalties for serious
crimes.
2. Sentencing Enhancements
Existing law contains a variety of enhancements that can be used to increase the term of
imprisonment a defendant will serve. Multiple enhancements can be imposed in a single case.
Enhancements can range from adding a specified number of years to a person’s sentence, or
doubling a person’s sentence or even converting a determinate sentence into a life sentence.
According to a recent Public Policy Institute of California (PPIC) publication on enhancements,
Overall, California has more than 100 separate code sections that enhance sentences
based on the current offense or the offender’s record. For example, using a firearm while
committing a violent and/or sexual felony adds anywhere from 10 to 25 years. A gang-
related felony results in 2 to 10 additional years, depending upon the seriousness of the
offense.
As of September 2016, 79.9% of prisoners in institutions operated by the California
Department of Corrections and Rehabilitation (CDCR) had some kind of sentence
enhancement; 25.5% had three or more.
(Sentence Enhancements: Next Target of Corrections Reform? PPIC (Sept. 2017)
<http://www.ppic.org/blog/sentence-enhancements-next-target-corrections-reform/> [as of Mar.
21, 2018].) CDCR data indicates that, as of December 1, 2017, there were 19,677 sentences that
included the 5-year enhancement.
Attachment B
Page 103 of 108
SB 1393 (Mitchell ) Page 4 of 6
This bill provides the judge with discretion to strike a prior serious felony conviction in
appropriate circumstances in the interests of justice. The judge retains the ability to continue
imposing the enhancement where the additional punishment is warranted. The reasons for the
dismissal must be stated orally on the record. If requested by either party, the reasons must also
be set forth in a written minute order. (Pen. Code, § 1385, subd. (a).) Where the trial court’s
action lacks reason, it may be invalidated as an abuse of discretion. (See People v. Williams,
(1998) 17 Cal.4th 148, 159.) For example, in Williams, the Court found that the trial court
improperly struck the prior felony because the defendant could not be deemed “outside the
spirit” of the three strikes law – i.e., the trial court’s order fell outside the bounds of reason under
the applicable law and the relevant facts. (Id. at pp. 161, 162-165.)
Striking a prior conviction pursuant to Penal Code section 1385 does not wipe out the prior
conviction, or prevent that conviction from being considered in connection with later
convictions; it simply means that the judge made a determination that, in the interest of justice,
the defendant should not be required to be sentenced to a statutorily increased penalty. (People v.
Ortega (2000) 84 Cal.App.4th 659, 666.)
3. Legislative History
Penal Code section 1385 gives discretion to judges to strike or dismiss a prior conviction or
added punishment. The California Supreme Court has ruled that even if a statute prescribing a
particular sentence uses the term “shall,” this is insufficient to evidence an intent that the trial
court was precluded from exercising such discretionary powers. (See People v. Williams (1981)
30 Cal.3d 470.) In Williams, the Court reviewed the history and purpose of Penal Code section
1385:
The trial court's power to dismiss an action has been recognized by statute since
the first session of the Legislature in 1850. The rules of criminal procedure
enacted in that session included the provision that "[the] Court may, either of its
own motion, or upon the application of the District Attorney, and in furtherance
of justice, order any action, after indictment, to be dismissed; but in such case the
reasons of the dismissal shall be set forth in the order, which must be entered on
the minutes." (Stats. 1850, ch. 119, § 629, p. 323.) With slight changes, this
provision became section 1385 when the Penal Code was enacted in 1872.
. . . .
"A determination whether to dismiss in the interests of justice after a verdict
involves a balancing of many factors, including the weighing of the evidence
indicative of guilt or innocence, the nature of the crime involved, the fact that the
defendant has or has not been incarcerated in prison awaiting trial and the length
of such incarceration, the possible harassment and burdens imposed upon the
defendant by a retrial, and the likelihood, if any, that additional evidence will be
presented upon a retrial. When the balance falls clearly in favor of the defendant,
a trial court not only may but should exercise the powers granted to him by the
Legislature and grant a dismissal in the interests of justice." (People v. Superior
Court of Marin County (Howard) (1968) 69 Cal. 2d 491, 505.)
Attachment B
Page 104 of 108
SB 1393 (Mitchell ) Page 5 of 6
The court also discussed the policy served by [the section at issue in the case].
"Mandatory, arbitrary or rigid sentencing procedures invariably lead to unjust
results. Society receives maximum protection when the penalty, treatment or
disposition of the offender is tailored to the individual case. Only the trial judge
has the knowledge, ability and tools at hand to properly individualize the
treatment of the offender. Subject always to legislative control and appellate
review, trial courts should be afforded maximum leeway in fitting the punishment
to the offender." (People v. Dorsey (1972) 28 Cal.App3d 15, 18.)
(People v. Williams, supra, 30 Cal.3d at 479-482.) The Court then looked to the legislative intent
and found that there was no indication of contrary legislative intent and thus held that absent a
clear expression of legislative intent in this regard, a sentencing statute will not be construed to
abrogate a trial court's general section 1385 power to strike. (Id. at p. 482.)
Similarly, in People v. Fritz (1985) 40 Cal.3d 227, the California Supreme Court held that
although the language of Penal Code section 667, subdivision (a)(1) is mandatory – "[any]
person convicted of a serious felony . . . shall receive . . . a five-year enhancement for each such
prior conviction" – such language did not eliminate the court’s ability under Penal Code section
1385 to strike or dismiss a conviction in the interests of justice. The Court found that neither
Penal Code section 667 or article I, section 28, both enacted by the voters as part of Proposition
8 in the June 1982 election, contained express language eliminating this discretion nor was there
anything in the ballot analysis or arguments which were before the voters that suggests such a
purpose. (Id. at pp. 230-231.)
In 1986, the California Legislature passed, and the governor signed into law, a bill to abrogate
Fritz by specifically restricting the authority of the trial court to strike prior convictions o f
serious felonies when imposing an enhancement under Section 667 of the Penal Code. (Chapter
85, Statutes of 1986.) This bill deletes this restriction and returns the court’s discretion to strike
prior serious felony convictions for purposes of the 5-year enhancement.
4. Argument in Support
Drug Policy Alliance, a sponsor of this bill, writes:
SB 1393 is a modest, incremental reform that corrects a costly inconsistency in state
law. The bill will provide for judicial discretion in sentencing a person convicted for a
second or subsequent serious offense. Current law inappropriately ties a judge’s
hands, requiring that the court, when imposing a sentence for a serious felony, in
addition and consecutive to the term imposed for that serious felony, to impose an
additional 5-year enhancement for each prior conviction of a serious felony. This is
above and in addition to “strike enhancements” that may also be applied to persons
who have been previously convicted of a serious offense.
California law generally authorizes a judge, in the interests of justice, to order an
action dismissed. SB 1393 will return to the court, appropriate authority to sentence
Attachment B
Page 105 of 108
SB 1393 (Mitchell ) Page 6 of 6
according to the facts of the case, in the interests of justice. It does not affect the base
sentence, or [any] another enhancements. It allows the judge to impose the five-year
enhancement if they believe it to be just and necessary.
5. Argument in Opposition
The Peace Officers Research Association of California opposes this bill:
Current law requires the court, when imposing a sentence for a serious felony, in
addition and consecutive to the term imposed for that serious felony, to impose a
5-year enhancement for each prior conviction of a serious felony. Existing law
generally authorizes a judge, in the interests of justice, to order an action
dismissed, but precludes a judge from striking any prior serious felony conviction
in connection with imposition of the 5-year enhancement. This bill would delete
the restriction prohibiting a judge from striking a prior serious felony conviction
in connection with imposition of the 5-year enhancement described above and
would make conforming changes.
-- END –
Attachment B
Page 106 of 108
On Your Letterhead
Date
Senator Holly Mitchell
State Capitol, Room 5080
Sacramento, CA 95814
Re: Support for SB 1393 (Mitchell) Fair and Just Sentencing Reform
Dear Senator Mitchell,
On behalf of YOUR ORGANIZATION NAME, I write in strong support of SB 1393, the Fair and
Just Sentencing Reform Act. SB 1393 (Mitchell) amends Penal Code Sections 667 and 1385 by
restoring the court’s discretion, in the interest of justice, to strike a five-year sentence
enhancement for each prior serious felony conviction on a person’s record, when a person is
currently convicted of a serious felony. Allowing judicial discretion is consistent with other
sentence enhancement laws and retains existing penalties for serious crimes.
BRIEF DESCRIPTION OF YOUR ORGANIZATION
Nearly every sentence enhancement in California can be dismissed if the judge believes they
are unjust in a specific case. But for people with current and prior serious felonies, for which
people receive a mandatory five extra years for each prior, judges are forbidden from tailoring a
sentence to an individual’s case and culpability. This has resulted in mandatory terms for
thousands of individuals incarcerated throughout California’s prisons. This rigid and arbitrary
system has meted out punishments that are disproportionate to the offense and do not serve
the interests of justice, public safety, or communities.
SB 1393 (Mitchell) does not repeal any existing enhancements for serious felonies. Rather, SB
1393 allows judges to impose or not impose the sentence enhancement if it is in the interest of
justice, helping to ensure that incarcerated Californians do not serve unnecessarily long
sentences.
The voters recognized the importance of judicial discretion in overwhelmingly passing
Proposition 57, which allowed a judge, rather than the prosecutor, to decide whether a youth
should be tried as an adult. The state legislature followed suit in passing SB 620 (Bradford),
which allowed judicial discretion in the application of gun enhancements.
California now has the regrettable distinction of meting out some of the longest sentences in the
nation, driven largely by sentencing enhancements for prior convictions. The California prison
system remains under Federal oversight for overcrowded conditions. The ongoing prison
overcrowding litigation indicates that prison capacity and related issues concerning conditions of
confinement remain unresolved.
For these reasons, among others, our organization strongly supports SB 1393 (Mitchell), the
Fair and Just Sentencing Reform Act, an urgently needed reform.
Respectfully,
Attachment B
Page 107 of 108
YOUR NAME
TITLE, ORGANIZATION
Cc:
Email letters to: Romarilyn Ralston, California Coalition for Women Prisoners,
wpicriminaljustice2018@gmail.com
Fax letters to: Stella Choe, Counsel Senate Committee on Public Safety, (916) 445-4688
CC: Honorable Holly J. Mitchell, California State Senate; Honorable Ricardo Lara, California
State Senate (Joint Author); Honorable Ash Kalra, California State Assembly (Principle Co-
Author); Honorable Joel Anderson, California State Senate (Committee Member); Honorable
Steven Bradford, California State Senate (Committee Member); Honorable Hannah-Beth Jackson,
California State Senate (Committee Member); Honorable Jeff Stone, California State Senate
(Committee Member); Honorable Scott D. Wiener, California State Senate (Committee Member)
Attachment B
Page 108 of 108