Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1902

Introduced by Assembly Member Aguiar-Curry

February 09, 2022

An act to amend Sections 9084, 9151, 9152, 9153, 9413, 9414, 9415, and 9481 of, to add Sections 617 and 618 9413.5 to, to repeal Section 9084 of, and to repeal and add Section 614 of, the Public Resources Code, relating to resource conservation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1902, as amended, Aguiar-Curry. Resource conservation: resource conservation districts.
(1) Existing law establishes the Department of Conservation and requires it to provide soil conservation advisory services to local governments, land owners, farmers and ranchers, resource conservation districts, and the general public, as provided.
This bill would delete this provision.
The bill would authorize the Director of Conservation to have certain powers and duties pertaining to resource conservation activities and programs, including serving as a state-level liaison with resource conservation districts. Upon appropriation by the Legislature, the bill would authorize the department to provide grants and other forms of local assistance to resource conservation districts. The bill would authorize the department to enter into an interagency agreement with a resource conservation district for the district to provide conservation services, as specified.
(2) Existing law authorizes a resource conservation district to be formed, as provided, for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities. Existing law authorizes directors of the resource conservation districts to accept, administer, and manage soil conversion, water conversion, water distribution, erosion control, or erosion prevention projects, as provided.
This bill would also authorize a resource conservation district to be formed for the purpose of promoting and implementing programs, projects, practices, and activities on public and private natural, working, and urban lands to support achievement of California’s climate, conservation, and natural resources goals and objectives, as provided. The bill would authorize directors of the resource conservation districts to accept, administer, and manage specified projects and programs consistent with these purposes. The bill would authorize a resource conservation district to enter into an interagency agreement with a state agency, as provided.
(3) Existing law authorizes the department to provide grants to resource conservation districts for the purpose of assisting the districts in carrying out any work that they are authorized to undertake. Existing law requires a resource conservation district, in order to qualify for a grant, to provide at least 25% local match of funding, as provided.
This bill would delete the department’s authorization to provide these grants. local match requirement described above.
(4) Existing law requires the lands included in resource conservation districts to be those generally of value for agricultural purposes, but authorizes other lands to be included if necessary, as provided. Existing law provides that the lands included in any one resource conservation district need not be contiguous, but requires the land to be susceptible of the same general plan or system, as provided.
This bill would instead require the lands to be included in a resource conservation district to be those that further existing law relating to resource conservation districts, including the purposes described above. The bill would delete the requirement that the lands be susceptible of the same general plan or system, as provided.
(5) Existing law authorizes resource conservation districts to develop districtwide comprehensive annual and long-range work plans to address the full range of soil and related resource problems. Existing law prescribes various requirements for the contents of the plans and reports and when specified plans and reports are required to be adopted or completed, as provided.
This bill would instead authorize each resource conservation district to develop a long-range work plan, annual work plan, and annual district report to address specified projects and programs. The bill would require resource conservation districts that prepare long-range work plans and annual work plans to provide, for information purposes only, long-range work plans, and updates to these plans, and annual work plans to the boards of supervisors of every county with land in the district’s jurisdiction, as provided. The bill would update the dates when specified plans and reports are required to be adopted or completed, as provided, among other things.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 614 of the Public Resources Code is repealed.

SEC. 2.

 Section 614 is added to the Public Resources Code, to read:

614.
 The director may do any of the following:
(a) Advise a city, county, city and county, special district, including a resource conservation district, state agency, federal agency, tribal agency, and the general public on issues of conservation importance, including, but not limited to, planning activities and documents.
(b) Review and provide comments to documents prepared in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(c) Administer local assistance programs, including grants and contracts.
(d) Serve as a state-level liaison with resource conservation districts.
(e) Provide assistance to resource conservation districts, including, but not limited to, equipment, technology, training, education, technical assistance, financial assistance, assistance to support or improve the district’s organization or capacity, and any other goods or services.
(f) Cooperate with and promote coordination of the activities of any federal, state, local, or tribal agency, including cities, counties, special districts, including resource conservation districts, and California Native American tribes on issues of conservation importance.

SEC. 3.

 Section 617 is added to the Public Resources Code, to read:

617.
 (a) Upon an appropriation by the Legislature, the department may provide grants and other forms of local assistance to resource conservation districts.
(b) The director may authorize advance payments from a grant awarded pursuant to this section. The advance payment shall not exceed 25 percent of the total grant award.

SEC. 4.Section 618 is added to the Public Resources Code, to read:
618.

Subject to the availability of funds and consistent with the requirements of Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code and the Department of General Service’s State Contracting Manual, the department may enter into an interagency agreement with a resource conservation district for services in accordance with this section.

SEC. 5.Section 9084 of the Public Resources Code is repealed.

SEC. 4.

 Section 9084 of the Public Resources Code is amended to read:

9084.
 (a) Subject to the availability of funds and any limitations imposed by this division, the department may provide grants to resource conservation districts for the purpose of assisting the districts in carrying out any work that they are authorized to undertake, including, but not limited to, grants for watershed projects.
(b) (1) To qualify for a grant under subdivision (a), a resource conservation district shall do all of the following:
(A) Prepare an annual and a long-range work plan pursuant to Section 9413. The long-range work plan shall reflect input from local agencies and organizations regarding land use and resource conservation goals.
(B) Convene regular meetings in accordance with the open meeting requirements of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code and the requirements of this division.
(C) Secure sources of local support funding, which may include funding from in-kind contributions and services.
(2) A resource conservation district seeking a grant pursuant to this section shall submit to the department a grant proposal that includes, but is not limited to, all of the following information:
(A) A description of the work for which the grant is sought.
(B) An explanation of the public or private need for the work, including, but not limited to, any relevant information demonstrating the urgency of the project.
(C) An itemized summary of the projected cost of the work.
(D) An estimate of the amount of the projected costs of the work that will be covered by local support funding, including funding from in-kind contributions or services.

(3)To qualify for a grant awarded pursuant to this section, a resource conservation district shall be required to provide at least a 25 percent local match of funding, of which 40 percent of that amount shall be provided in cash. The department shall give preference in the awarding of grants to those districts that, among other things, provide a greater percentage of local match funding than the minimum required by this paragraph.

(4)

(3) A resource conservation district that receives a grant awarded under this section shall provide the department with an informal accounting summary that describes how the grant money was spent in accordance with the purposes and conditions of the grant.

SEC. 6.SEC. 5.

 Section 9151 of the Public Resources Code is amended to read:

9151.
 A resource conservation district may be formed pursuant to this division for both of the following purposes:
(a) The control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities.
(b) To promote and implement programs, projects, practices, and activities on public and private natural, working, and urban lands to support achievement of California’s climate, conservation, and natural resources goals and objectives, including, but not limited to, all of the following:
(1) Protecting people, communities, ecosystems, and public and private resources from devastating wildfire, flood, drought, and other natural disasters.
(2) Protecting, conserving, restoring, promoting, and improving the health, resilience, and adaptability to climate change of natural, working, and urban lands.
(3) Protecting and improving water quality, conserving water resources, and developing and distributing water.
(4) Planning, preparing for, and addressing sea level rise, storm surge, beach and bluff erosion, saltwater intrusion, and flooding to preserve and enhance coastal wetlands and natural lands, and to conserve biodiversity.
(5) Controlling and eradicating invasive species, disease, and pests on natural, working, and urban lands.
(6) Conserving soil, controlling runoff, preventing and controlling soil erosion, and stabilizing soil erosion.
(7) Providing technical assistance to landowners and land managers in pursuit of all of the above.

SEC. 7.SEC. 6.

 Section 9152 of the Public Resources Code is amended to read:

9152.
 The lands included in a district shall be those that further the purpose of this chapter, including, but not limited to, those purposes specified in Section 9151.

SEC. 8.SEC. 7.

 Section 9153 of the Public Resources Code is amended to read:

9153.
 The lands included in any one district need not be contiguous. No lands may be included in more than one district.

SEC. 9.SEC. 8.

 Section 9413 of the Public Resources Code is amended to read:

9413.
 (a) Each district may develop a long-range work plan, annual work plan, and annual district report, as provided in this section. These plans and the annual district report shall address the full range of projects and programs pursuant to Section 9151 that are found to occur in the district.
(b) The long-range work plans shall be adopted and updated every five years. Districts may amend the long-range plan before the five-year update in order to address substantive changes occurring since the adoption of the most recent long-range work plan. A district that prepares long-range work plans shall provide, for information purposes only, long-range work plans and updates to these plans to the boards of supervisors of every county with land in the district’s jurisdiction. The long-range plans shall serve the following functions:
(1) Identification of resource issues within the district for purposes of local, state, and federal resource conservation planning.
(2) Establishment of long-range district goals.
(3) Provision of a framework for directors to identify priorities for annual district activities.
(4) Provision of information to federal, state, and local governments and the public concerning district programs and goals.
(5) Setting forth a basis for evaluating annual work plan achievements and allocating available funding to the district.
(6) Involvement of other agencies and organizations in the district planning process in order to help ensure support in implementing district plans.
(c) The annual work plans shall be adopted on or before June 30 of each year in a format that shall be consistent with the district’s long-range work plan. A district that prepares annual work plans shall provide, for information purposes only, annual work plans to the boards of supervisors of every county with land in the district’s jurisdiction. The annual work plans shall serve the following functions:
(1) Identification of high priority actions to be undertaken by the district during the year covered by the plan.
(2) Identification of the person or persons responsible for undertaking each planned task, how it will be performed, when it will be completed, what constitutes completion, and the cost.
(3) Demonstration of the relationship of annual tasks to the long-range district goals identified in the long-range work plan.
(4) Provision of assistance to the local field office of the Natural Resources Conservation Service of the United States Department of Agriculture, the California Conservation Corps, and to the University of California Cooperative Extension, if applicable, in adjusting staff and program priorities to match district goals.
(5) Informing the public of the district’s goals for the year and the anticipated schedule of public meetings.
(6) Involvement of other agencies and organizations in the district planning process in order to help ensure support in implementing district plans.
(7) Provision of a basis for assisting the state in determining district eligibility for state funding under this division.
(d) The annual district report shall be completed on or before June 30 of each year in a format consistent with the long-range and annual plans, so that progress made during the reporting period towards district goals can be readily determined. The annual report shall serve the following functions:
(1) To report on the district’s achievements during the reporting period to the department, the board of supervisors of any county in which the district is located, and any agency that provides financial assistance.
(2) To increase public awareness of district activities.
(3) To compare district accomplishments during the reporting period with annual work plan objectives for that period and to identify potential objectives for the next annual work plan.

SEC. 9.

 Section 9413.5 is added to the Public Resources Code, to read:

9413.5.
 Each district may enter into an interagency agreement with a state agency, for purposes of this chapter, consistent with the requirements of Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code and the Department of General Service’s State Contracting Manual.

SEC. 10.

 Section 9414 of the Public Resources Code is amended to read:

9414.
 Directors may accept, by purchase, lease, or gift, and administer any soil conservation, water conservation, water distribution, erosion control, or erosion prevention project or program consistent with Section 9151 located within the district undertaken by the United States or any of its agencies, or by this state or any of its agencies.

SEC. 11.

 Section 9415 of the Public Resources Code is amended to read:

9415.
 The directors may manage, as agents of the United States or any of its agencies, or of this state or any of its agencies, any soil conservation, water conservation, water distribution, flood control, erosion control, erosion prevention, or erosion stabilization project, project or program consistent with Section 9151, within or adjacent to the district; and may act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil conservation, water conservation, water distribution, flood control, erosion control, erosion prevention, or erosion stabilization project or program consistent with Section 9151 within or adjacent to the district.

SEC. 10.SEC. 12.

 Section 9481 of the Public Resources Code is amended to read:

9481.
 The inclusion of additional lands in a district shall be made in accordance with the District Reorganization Act of 1965, Division 1 (commencing with Section 56000) of Title 6 of the Government Code, except that unless otherwise provided in this chapter, the lands included in any district need not be contiguous.