CCLME.ORG - WATERSHED CLEAN BEACHES AND WATER QUALITY ACT (PRC Division 20.4 ) (commencing with PRC 30901))
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State
California
PRC Sec 30901-30950 WATERSHED, CLEAN BEACHES, AND WATER QUALITY ACT


PUBLIC RESOURCES CODE
SECTION 30901-30950





30901. This act shall be known, and may be cited, as the Watershed,
Clean Beaches, and Water Quality Act.



30902. The purpose of this division is to establish a statutory
framework for funding water quality, clean beaches, and watershed
protection projects from the proceeds derived from the issuance and
sale of bonds and other revenue sources, and to specify how the
Resources Agency and its constituent departments and boards,
including the State Coastal Conservancy, and the California
Environmental Protection Agency, and that agency's constituent
departments, including the State Water Resources Control Board, will
coordinate and integrate programs to fund projects.




30903. The Legislature hereby finds and declares all of the
following:
(a) Clean beaches, clean water, and healthy watersheds are
necessary to support both human communities and the state's native
fish and wildlife, and are part of the legacy of California. Each
generation has an obligation to be good stewards of those resources
in order to pass them on to their children.
(b) California's 1,100-mile coastline is world-renowned.
Coastal-related businesses provide seventeen billion dollars
($17,000,000,000) annually to the state's economy and depend on the
restoration and health maintenance of beaches.
(c) Clean water is essential to the state's communities and
economy.
(d) Watershed management is a valuable approach to meeting
comprehensive resource management and water quality objectives.
Watersheds provide a useful, natural unit to integrate and coordinate
the many natural resource functions of state agencies.
(e) Multiple state entities within the California Environmental
Protection Agency and the Resources Agency are currently
administering programs that provide technical assistance or financial
support for various aspects of watershed management or restoration.
Hundreds of watershed partnerships exist in the state, dedicated to
the restoration and management of the state's streams, rivers, and
lands, and the use of watershed management principles and practices.
Coordinated watershed management implementation is crucial to
addressing critical problems and the efficient use of public funds.
The California Environmental Protection Agency and the Resources
Agency are developing a strategic plan for fully integrated watershed
investments.



30904. It is the intent of the Legislature that the purpose of
maintaining clean beaches, clean water, and an integrated and
coordinated watershed program is to protect beaches, coastal waters,
rivers, lakes, and streams from contaminants, pollution, and other
environmental threats.



30905. It is the intent of the Legislature to invest in projects
that will reduce beach contamination and increase visitor days,
including, but not limited to, developing the comprehensive
capability to monitor and analyze water quality and pollutant
transport in coastal waters. This will be demonstrated by measurable
improvements in water quality on and near the state's beaches.



30906. It is the intent of the Legislature to invest in clean water
projects that will do all of the following:
(a) Assist small local communities in meeting water pollution
control requirements.
(b) Improve agricultural water quality and reduce pollutants in
agricultural drainage water.
(c) Implement urban stormwater treatment programs and reduce
nonpoint sources of pollution.
(d) Provide comprehensive capability to monitor and analyze water
quality in groundwater basins throughout the state.
(e) Improve water quality in coastal and marine waters,
particularly those waters that affect marine protected areas and
marine managed areas.



30907. It is the intent of the Legislature to require state
agencies to encourage and support both of the following:
(a) The development of coordinated and complementary strategies
and solutions for watershed management across land ownership and
agency jurisdictional boundaries.
(b) Coordinated program delivery from state and federal agencies
to fit the needs of individual watersheds.


30908. It is the intent of the Legislature that the state should
coordinate and integrate its watershed programs and implement those
programs by working with diverse interests at the local level. The
state's watershed management goals should include, but need not be
limited to, maintaining and restoring healthy watersheds that support
thriving communities, provide clean water, and sustain natural
habitats for future generations.



30909. It is the intent of the Legislature to invest in watershed
management partnerships that use a community-based collaborative
approach to meeting the state's watershed management goals.
Allocation of funding should be balanced among large and small
watersheds, coastal and inland watersheds, and effluent reduction and
source protection, and should be geographically balanced. Priority
should be given to projects and programs that implement programs that
have multiple benefits.



30910. Unless the context otherwise requires, the following
definitions govern the construction of this chapter:
(a) "Board" means the State Water Resources Control Board.
(b) "Local public agency" means any city, county, city and
county, or district.
(c) "Nonprofit organization" means any California corporation
organized under Section 501(c)(3), 501(c)(4), or 501(c)(5) of the
federal Internal Revenue Code.
(d) "Public agency" means a city, county, city and county,
district, the state or any agency or department thereof, and
applicants eligible for technical assistance under Section 319 of the
federal Clean Water Act (33 U.S.C. Sec. 1329) or for grants under
Section 320 of the federal Clean Water Act (33 U.S.C. Sec. 1330).
(e) "Regional board" means a regional water quality control board.

30915. The purpose of this chapter is to provide authorization for
projects that restore and protect the water quality and environment
of coastal waters, estuaries, bays, and near shore waters.



30916. (a) Upon appropriation by the Legislature, funds provided
under this chapter may be used by the board, in consultation with the
State Coastal Conservancy, to award grants not to exceed five
million dollars ($5,000,000) per project to public agencies and
nonprofit organizations for the purposes of this chapter. Grants may
be awarded for any of the following projects:
(1) A project designed to improve water quality at public beaches
and to make improvements for the purpose of ensuring that coastal
waters adjacent to public beaches meet the bacteriological standards
set forth in Article 2 (commencing with Section 115875) of Chapter 5
of Part 10 of Division 104 of the Health and Safety Code.
(2) A project to make improvements to, or upgrades or conversions
of, existing sewer collection systems and septic systems for the
restoration and protection of coastal water quality.
(3) A project designed to implement stormwater and runoff
pollution reduction and prevention programs, or for the
implementation of best management practices, for the restoration and
protection of coastal water quality.
(b) The projects funded pursuant to this chapter shall be
consistent with the state's nonpoint source control program, as
revised to meet the requirements of Division 20 (commencing with
Section 30000), Section 6217 of the federal Coastal Zone Act
Reauthorization Amendments of 1990, Section 319 of the federal Clean
Water Act (33 U.S.C. Sec. 1329), Division 7 (commencing with Section
13000) of the Water Code, and the California Coastal Commission.
(c) The projects funded pursuant to this chapter shall demonstrate
the capability of contributing to sustained, long-term water quality
or environmental restoration or protection benefits for a period of
20 years, address the causes of degradation, rather than the
symptoms, and be consistent with water quality and resource
protection plans prepared, implemented, or adopted by the board, the
applicable regional water quality control board, and the State
Coastal Conservancy.
(d) An applicant for funds under this chapter shall be required to
submit to the board a monitoring and reporting plan that does all of
the following:
(1) Identifies the nonpoint source or sources of pollution to be
prevented or reduced by the project.
(2) Describes the baseline water quality or environmental quality
to be addressed.
(3) Describes the manner in which the project will be effective in
preventing or reducing pollution and in demonstrating the desired
environmental results.
(4) Describes the monitoring program, including, but not limited
to, the methodology, and the frequency and duration of monitoring.
(e) Upon completion of the project, a recipient of funds under
this chapter shall submit a report to the board that summarizes the
completed activities and indicates whether the purposes of the
project have been met. The report shall include information collected
by the recipient in accordance with the project monitoring and
reporting plan, including a determination of the effectiveness of the
project in preventing or reducing pollution, and the results of the
monitoring program. The board shall make the report available to the
public, watershed groups, and federal, state, and local agencies.
(f) Not more than 25 percent of a grant may be awarded in advance
of actual expenditure.
(g) An applicant for funds under this chapter shall inform the
board of any necessary public agency approvals, entitlements, and
permits that may be necessary to implement the project. The
application shall certify to the board, at the appropriate time, that
those approvals, entitlements, and permits have been granted.
(h) Where recovery plans for coho salmon, steelhead trout, or
other threatened or endangered aquatic species exist, projects funded
under this chapter shall be consistent with those plans and, to the
extent feasible, shall seek to implement actions specified in those
plans.
(i) The board shall appoint a Clean Beaches Task Force comprised
of individuals representing the breadth and diversity of coastal
communities. All proposals for funding shall be reviewed by the task
force. The task force may recommend projects to the board for
funding consideration.


30917. The board shall provide opportunity for public review and
comment in awarding funds pursuant to this chapter, and may, in
consultation with the State Coastal Conservancy, adopt regulations to
implement this chapter.

30920. (a) The purpose of this chapter is to provide authorization
for projects that restore and protect the water quality and
environment of marine managed areas, as defined in subdivision (d) of
Section 36602, including areas of special biological significance,
as defined in the California Ocean Plan adopted pursuant to Section
13170.2 of the Water Code.
(b) The board shall give priority to projects that treat or
otherwise remove existing waste discharges, or prevent probable waste
discharges, into areas of special biological significance.



30921. (a) Upon appropriation by the Legislature for that purpose,
funds may be expended by the board, in consultation with the State
Coastal Conservancy, the California Coastal Commission, and, as
appropriate, the Department of Fish and Game, to award grants, not to
exceed one million dollars ($1,000,000) per project, to local public
agencies and nonprofit organizations for the purposes of this
chapter.
(b) The projects funded to carry out this chapter shall
demonstrate the capability of contributing to sustained, long-term
water quality or environmental restoration or protection benefits for
a period of 20 years, address the causes of degradation rather than
the symptoms, and be consistent with water quality control plans and
resource protection plans prepared, implemented, or adopted by the
board, the applicable regional board, the Department of Fish and
Game, and the State Coastal Conservancy.
(c) An applicant for funds to carry out this chapter shall be
required to submit to the board a monitoring and reporting plan that
does all of the following:
(1) Identifies the sources of pollution to be prevented or reduced
by the project.
(2) Describes the baseline water quality or environmental quality
to be addressed.
(3) Describes the manner in which the project will be effective in
preventing or reducing pollution and in demonstrating the desired
environmental results.
(4) Describes the monitoring program, including, but not limited
to, the methodology, frequency, and duration of monitoring.
(d) Upon completion of the project, a recipient of funds to carry
out this chapter shall submit a report to the board that summarizes
the completed activities and indicates whether the purposes of the
project have been met. The report shall include information
collected by the recipient in accordance with the project monitoring
and reporting plan, including a determination of the effectiveness of
the project in preventing or reducing pollution, and the results of
the monitoring program. The board shall make the report available to
the public, watershed groups, and federal, state, and local
agencies.
(e) The board may not award more than 25 percent of a grant to
carry out this chapter in advance of the expenditure of funds by a
grantee.
(f) An applicant for funds to carry out this chapter shall inform
the board of any necessary public agency approvals, entitlements, and
permits that may be necessary to implement the project. The
applicant shall certify to the board, at the appropriate time, that
those approvals, entitlements, and permits have been granted.
(g) Where recovery plans for coho salmon, steelhead trout, or
other threatened or endangered coastal and marine aquatic species
exist, projects funded to carry out this chapter shall be consistent
with those plans and, to the extent feasible, shall seek to implement
actions specified in those plans.
(h) The board, in consultation with the California Coastal
Commission, shall appoint a marine managed areas water quality task
force comprised of individuals representing the breadth and diversity
of coastal communities, interested nonprofit groups, and marine
resource users. All proposals for grant funding to carry out this
chapter shall be reviewed by the task force. The task force may
recommend projects to the board for funding consideration.
(i) The board shall provide opportunity for public review and
comment in awarding funds to carry out this chapter.

30925. (a) For the purposes of this article, "small community"
means a municipality with a population of 20,000 persons or less, a
rural county, or a reasonably isolated and divisible segment of a
larger municipality where the segment of the population is 20,000
persons or less, with a financial hardship, as determined by the
board.
(b) The board may award grants under this article to assist small
communities in meeting water pollution control requirements.
(c) The board may award grants under this article to projects that
meet the definition of "eligible project" in Section 79120 of the
Water Code.
(d) The board shall give priority to both of the following types
of projects:
(1) Projects to install or replace sewer systems in communities
that lack adequate sewers.
(2) Projects to assist communities with population growth
pressures, to assist in the redesign and expansion of existing
wastewater collection and treatment systems.

30930. The board may award grants under this article to local
public agencies for projects designed to implement stormwater runoff
pollution reduction and prevention programs, including, but not
limited to, diversion of dry weather flows to publicly owned
treatment works for treatment, acquisition, and development of
constructed wetlands and the implementation of approved best
management practices, as required by stormwater permits issued by the
state board or a regional board.

30935. (a) The board may award grants under this article to local
public agencies and nonprofit organizations for projects that protect
the beneficial uses of water throughout the state through the
control of nonpoint source pollution.
(b) Except as authorized under subdivision (g), grants may be
awarded only for projects that are one or more of the following:
(1) Consistent with local watershed management plans and with
regional water quality control plans.
(2) Broad-based nonpoint source pollution projects, including, but
not limited to, projects identified in the board's "Initiatives in
NPS Management," dated September 1995, and in the nonpoint source
technical advisory committee reports.
(3) Consistent with the "Integrated Plan for Implementation of the
Watershed Management Initiative" prepared by the board and the
regional boards.
(4) A project that implements watershed best management practices
and measures.
(5) Consistent with the requirements of Section 6217(g) of the
federal Coastal Zone Act Reauthorization Amendments of 1990 and has
been identified as a needed project by the board under the 15-year
implementation strategy and five-year implementation plan of the
board's nonpoint source pollution control program.
(6) A project that improves the quality of drinking water supplies
and addresses contamination by pathogens, organic carbon, or
salinity.
(c) Projects funded under this article shall demonstrate a
capability of sustaining water quality benefits for a period of not
less than 20 years. Categories of nonpoint source pollution
addressed by projects may include, but need not be limited to,
silviculture, agriculture, urban runoff, mining, hydromodification,
grazing, onsite disposal systems, boatyards and marinas, and animal
feeding operations.
(d) Projects to address nonpoint source pollution may include, but
need not be limited to, wildfire management, installation of
vegetative systems to filter or retard pollutant loading, incentive
programs or large-scale demonstration programs to reduce commercial
reliance on polluting substances or to increase acceptance of
alternative methods and materials, and engineered features to
minimize impacts of nonpoint source pollution.
(e) Projects funded under this article shall have defined water
quality or beneficial use goals.
(f) A local public agency or nonprofit organization that has a
project funded under this article shall submit to the board a
monitoring and reporting plan that does all of the following:
(1) Identifies one or more nonpoint sources of pollution.
(2) Describes the baseline water quality of the body of water
impacted.
(3) Describes the manner in which the proposed practices or
measures are implemented.
(4) Determines the effectiveness of the proposed practices or
measures in preventing or reducing pollution.
(g) Notwithstanding subdivision (b), the board may award grants
for demonstration projects that are intended to prevent, reduce, or
treat nonpoint source pollution.
(h) A grant recipient shall submit a report to the board, upon
completion of the project, that summarizes completed activities and
indicates whether the purposes of the project have been met. The
report shall include information collected by the grant recipient in
accordance with the project monitoring and reporting plan, including,
but not limited to, a determination of the effectiveness of the best
management practices or management measures implemented as part of
the project in preventing or reducing nonpoint source pollution. The
board shall make the report available to watershed groups, and
federal, state, and local agencies.

30940. (a) The board may award grants to public agencies or
nonprofit organizations for the purposes of improving agricultural
water quality through monitoring, demonstration projects, research,
construction of agricultural drainage improvements, and for projects
to reduce pollutants in agricultural drainage water through reuse,
integrated management, or treatment. Grants made pursuant to this
section may be used to provide matching funds for federal grant
programs. The board, in consultation with the Department of Food and
Agriculture and the program advisory review board established
pursuant to Section 593 of the Food and Agricultural Code, shall
develop criteria for evaluating projects considered for grants under
this section.
(b) (1) On or before June 30, 2005, the board, in consultation
with the Department of Food and Agriculture, shall adopt guidelines
for a dairy water quality improvement grant program that provides
competitive grants for projects, including water quality planning and
regional and on-farm projects, and projects undertaken by dairy
operators, to reduce threats to, or impairment of, water quality from
dairy operations.
(2) In order to be eligible for a grant pursuant to this
subdivision, a dairy operator shall have completed the environmental
stewardship short course of the dairy quality assurance program,
unless the board finds and determines that the operator has taken
other similar actions to mitigate adverse environmental effects of
its dairy operation.
(c) The board shall specify a matching fund requirement, as a
condition of providing grants under subdivision (a) or (b).

30945. The purpose of this article is to establish a program for
integrated watershed management to improve water quality, protect and
restore habitat and fisheries, reduce flooding, control erosion and
sedimentation, and improve local water supply reliability through
better groundwater monitoring, river corridor recreation, forest land
and fuel management, and hydropower management.



30946. The California Environmental Protection Agency shall enter
into a memorandum of understanding with the Resources Agency to
ensure that the program established under this chapter is coordinated
with other programs administered by those agencies, including, but
not limited to, the grant process set forth in Section 30947. The
memorandum of understanding shall establish a stakeholder advisory
process to assist in setting priorities and allocating funds. The
memorandum of understanding shall be completed and executed on or
before April 30, 2003.


30947. (a) The Integrated Watershed Management Program is hereby
established. Upon appropriation by the Legislature, funds allocated
to the program may be used by the board, subject to the terms of the
memorandum of understanding executed pursuant to Section 30946 to
award grants to public agencies and nonprofit organizations for the
development of local watershed management plans that meet the
requirements of subdivision (c) of Section 79078 of the Water Code,
and for the implementation of watershed protection and water
management projects that include one or more of the following
elements:
(1) Stormwater capture and treatment.
(2) Nonpoint source pollution reduction, management, and
monitoring.
(3) Groundwater recharge and management projects.
(4) Water banking, exchange, and reclamation, and improvement of
water quality.
(5) Vegetation management to improve watershed efficiency, aquatic
and terrestrial habitat, the creation and enhancement of wetlands,
and the acquisition, protection, and restoration of open space.
(6) Planning and implementation of multipurpose flood control
programs that protect property and improve water quality and
stormwater capture and percolation, and protect or improve wildlife
habitat.
(7) Watershed management planning and implementation.
(8) Demonstration projects to develop new water treatment
distribution and nonpoint source pollution control methods.
(9) Erosion sediment control and stream enhancement projects, and
permit coordination programs to facilitate watershed restoration
projects that implement board approved management measures for
polluted runoff.
(10) Monitoring, collection, and analysis of water quality and
pollutant transport in groundwater and surface water.
(11) Native fisheries enhancement or improvement projects, and
projects to restore other threatened species.
(12) Water conservation, water use efficiency, and water supply
reliability.
(13) An enforceable waste discharge program, by a person who is
subject to Article 4 (commencing with Section 13260) of Chapter 4 of
Division 7 of the Water Code and for whom the board has a name and
address, that implements best management practices and includes all
of the following:
(A) A clear description of how a project will achieve and maintain
water quality standards.
(B) A monitoring component that assesses the effectiveness of
adopted practices.
(C) Submission of a report of waste discharge to the appropriate
regional water quality control board.
(b) Upon completion of the project, the grantee shall submit a
report to the board that summarizes the completed activities and
indicates whether the purposes of the project have been met. The
report shall include information collected by the grantee in
accordance with the project monitoring and reporting plan, including,
but not limited to, a determination of the effectiveness of the
project in preventing or reducing pollution and the results of the
monitoring program. The board shall make the report available to the
public, watershed groups, and federal, state, and local agencies.



30948. Consistent with Section 30947, the board shall establish an
accelerated selection and contracting procedure for projects that
meet all of the following criteria:
(a) The project is part of an approved watershed management plan
consistent with Section 30947.
(b) The project is fully permitted and ready to be implemented.
(c) Funding for the project includes matching funds or services
donated from nonstate sources.



30949. No more than 50 percent of the funds made available to the
board for the purposes of this article shall be used for the purposes
of Section 30948.

30950. (a) For the purposes of this article, "small community"
means a municipality with a population of 20,000 persons or less, a
rural county, or a reasonably isolated and divisible segment of a
larger municipality where the segment of the population is 20,000
persons or less, with a financial hardship, as determined by the
board.
(b) The board may award grants under this article to assist small
communities in complying with groundwater contaminant level
requirements.
(c) The board may award grants under this article to local public
agencies and private not-for-profit water companies.
(d) The board shall give priority to the following types of
projects:
(1) Projects to provide an alternate source of water or to treat
water where the existing supply of groundwater exceeds the maximum
contaminant level of arsenic.
(2) Projects to provide an alternate source of water or to treat
water where the existing supply of groundwater exceeds the maximum
contaminant level for nitrate.
(3) Projects identified by the board, in consultation with the
State Department of Health Services, as having a priority to address
the needs of small community water systems.
(e) The board may make funds available under this article in each
fiscal year to provide technical assistance or planning grants, or
both, to small communities.